Utah Code > Title 20A > Chapter 9 – Candidate Qualifications and Nominating Procedures


Part 1	General Requirements	20A-9-101
Part 2	Candidate Qualifications and Declarations of Candidacy	20A-9-201 – 20A-9-207
Part 4	Primary Elections	20A-9-401 – 20A-9-411
Part 5	Candidates not Affiliated with a Party	20A-9-501 – 20A-9-504
Part 6	Write-in Candidates	20A-9-601 – 20A-9-602
Part 7	Party Candidates	20A-9-701
Part 8	Presidential Primary Election	20A-9-801 – 20A-9-809

Terms Used In Utah Code > Title 20A > Chapter 9 - Candidate Qualifications and Nominating Procedures

Academic research cannabis license: means the license described in 901. See Utah Code 53B-17-1401
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5

Articles of incorporation: include :

(a)	amended articles of incorporation;

(b)	restated articles of incorporation;

(c)	articles of merger; and

(d)

a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5

Board: means the Utah Education and Telehealth Network Board. See Utah Code 53B-17-101.5

board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102

bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102

Candidates for elective office: means persons who file a declaration of candidacy under Section 20A-9-202 to run in a regular general election for a federal office, constitutional office, multicounty office, or county office. See Utah Code 20A-9-101

Cannabis: means the same as that term is defined in Section 26-61a-102. See Utah Code 53B-17-1401

Cannabis cultivation facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 53B-17-1401

Cannabis product: means the same as that term is defined in Section 26-61a-102. See Utah Code 53B-17-1401

Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102

Career and technical education: means an educational program that:Utah Code 53B-1-101.5

Center: means the Center for the Medical Cannabis Research created in Section 53B-17-1402. See Utah Code 53B-17-1401

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Commission: means the SafeUT and School Safety Commission established in Section 53B-17-1203. See Utah Code 53B-17-1201

Commissioner: means the commissioner of higher education appointed in accordance with Section 53B-1-408. See Utah Code 53B-1-101.5

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101

Continuing political party: means the same as that term is defined in Section 20A-8-101. See Utah Code 20A-9-101

Contract: A legal written agreement that becomes binding when signed.

Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102

Cooperating employer: means a public or private entity which, as part of a work experience and career exploration program offered through an institution of higher education, provides interns with training and work experience in activities related to the entity's ongoing business activities. See Utah Code 53B-16-401

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

County legislative body: means :Utah Code 68-3-12.5

County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101

degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5

Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102

Digital resource: means a digital or online library resource, including a database. See Utah Code 53B-17-101.5

Digital resource provider: means an entity that offers a digital resource to customers for license or sale. See Utah Code 53B-17-101.5

Director: means a member of the board of directors. See Utah Code 16-6a-102

Disposable earnings: means the part of an employee's earnings remaining after the deduction of all amounts required by law to be withheld. See Utah Code 53B-15-101

Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102

Education Advisory Council: means the Utah Education Network Advisory Council created in Section 53B-17-107. See Utah Code 53B-17-101.5

Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102

Election officer: means :

(a)	the lieutenant governor, for all statewide ballots and elections;

(b)

the county clerk for:

(i)	a county ballot and election; and

(ii)

a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102

Electronic candidate qualification process: means :

(a)

as it relates to a registered political party that is not a qualified political party, the process for gathering signatures electronically to seek the nomination of a registered political party, described in:

(i)	Section 20A-9-403;

(ii)	Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and

(iii)

Section 20A-21-201; and

(b)

as it relates to a qualified political party, the process, for gathering signatures electronically to seek the nomination of a registered political party, described in:

(i)	Section 20A-9-405, except Subsections 20A-9-405(3) and (5);

(ii)	Section 20A-9-408; and

(iii)

Section 20A-21-201. See Utah Code 20A-9-101

Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102

Eligible institution: means an institution of higher education that:

(a)	is located in Utah; and

(b)

has or will obtain an academic research cannabis license. See Utah Code 53B-17-1401

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102

Federal office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101

Filing officer: means :

(a)

the lieutenant governor, for:

(i)	the office of United States Senator and United States Representative; and

(ii)	all constitutional offices;

(b)	for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);

(c)	the county clerk, for county offices and local school district offices;

(d)	the county clerk in the filer's county of residence, for multicounty offices;

(e)	the city or town clerk, for municipal offices; or

(f)

the special district clerk, for special district offices. See Utah Code 20A-9-101

Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102

Foreign nonprofit corporation: means an entity:

(a)	incorporated under a law other than the laws of this state; and

(b)

that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102

Fraud: Intentional deception resulting in injury to another.

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Highway: includes :Utah Code 68-3-12.5

Huntsman Mental Health Institute: means the mental health and substance use treatment institute within the University of Utah. See Utah Code 53B-17-1301

Individual: means :

(a)	a natural person;

(b)	the estate of an incompetent individual; or

(c)

the estate of a deceased individual. See Utah Code 16-6a-102

Institution of higher education: means any component of the state system of higher education as defined under Section 53B-1-102 that is authorized by the board to offer internship programs, and any private institution of higher education which offers internship programs under this part. See Utah Code 53B-16-401

Intern: means a student enrolled in a work experience and career exploration program under Section 53B-16-402 that is sponsored by an institution of higher education, involving both classroom instruction and work experience with a cooperating employer, regardless of whether the student receives compensation. See Utah Code 53B-16-401

Internship: means the work experience segment of an intern's work experience and career exploration program sponsored by an institution of higher education, performed under the direct supervision of a cooperating employer. See Utah Code 53B-16-401

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Land: includes :Utah Code 68-3-12.5

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legacy: A gift of property made by will.

Lien: A claim against real or personal property in satisfaction of a debt.

Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102

Manual candidate qualification process: means the process for gathering signatures to seek the nomination of a registered political party, using paper signature packets that a signer physically signs. See Utah Code 20A-9-101

Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:

(a)	is created via electronic or mechanical means; and

(b)

records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102

Medical cannabis patient card: means the same as that term is defined in Section 26-61a-102. See Utah Code 53B-17-1401

Member: includes :

(i)	"voting member"; and

(ii)

a shareholder in a water company. See Utah Code 16-6a-102

Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101

Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102

Municipal office: means an elective office in a municipality. See Utah Code 20A-9-101

Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102

Municipality: means a city, town, or metro township. See Utah Code 20A-1-102

Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Obscene or pornographic material: means material that:Utah Code 53B-17-101.5

Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Person: means :Utah Code 68-3-12.5

Person: means :

(a)

a federal, state, or local governmental entity:

(i)	that sponsors sponsored research; or

(ii)	participates in a technology transfer;

(b)	an individual;

(c)	a nonprofit or profit corporation;

(d)	a partnership;

(e)	a sole proprietorship; or

(f)

other type of business organization. See Utah Code 53B-16-301

Political division: includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101

Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102

Polling place: means a building where voting is conducted. See Utah Code 20A-1-102

Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102

Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Principal office: means :

(a)

the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

(i)	an annual report;

(ii)	an application for a certificate of authority; or

(iii)

a notice of change of principal office; or

(b)

if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Proceeding: includes :

(a)	a civil suit;

(b)	arbitration;

(c)	mediation;

(d)	a criminal action;

(e)	an administrative action; or

(f)

an investigatory action. See Utah Code 16-6a-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

Provisional ballot: means a ballot voted provisionally by a person:

(a)	whose name is not listed on the official register at the polling place;

(b)	whose legal right to vote is challenged as provided in this title; or

(c)

whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102

Public employee: means any employee, officer, or servant of the state of Utah, or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state, or of any county, city, town, school district, special improvement or taxing district, or any other political subdivision or public corporation of or within the state. See Utah Code 53B-15-101

Public institution of higher education: means an institution within the state system of higher education defined in Section 53B-1-102. See Utah Code 53B-16-301

qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102

Qualified political party: means a registered political party that:

(a)

(i)	permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or

(ii)	provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;

(b)	does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;

(c)

permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:

(i)	seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or

(ii)	seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and

(d)

(i)

if the registered political party is a continuing political party, no later than 5 p. See Utah Code 20A-9-101

Quorum: The number of legislators that must be present to do business.

Registered agent: means the registered agent of:

(a)	a domestic nonprofit corporation; or

(b)

a foreign nonprofit corporation. See Utah Code 16-6a-102

registered political party: means a political party that has complied with the requirements of Chapter 8, Political Party Formation and Procedures, to become a political party officially recognized by the state. See Utah Code 20A-9-801

Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102

Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102

Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Researcher: means an individual who:

(a)	on May 8, 2018, is employed, alone or as part of a research team, by the university;

(b)	before May 8, 2018, received funding from USTAR for some or all of the researcher's startup costs or salary;

(c)	was recruited to become a member of the university's faculty; and

(d)

after May 8, 2018, receives some or all of the researcher's start up costs or salary from a legislative appropriation to the university for that purpose. See Utah Code 53B-17-1101

Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102

Road: includes :Utah Code 68-3-12.5

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102

Sponsored research: refers to research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget:

(a)	conducted by a public institution of higher education through an office responsible for sponsored projects or programs; and

(b)

funded or otherwise supported by an external person that is not created or controlled by the public institution of higher education. See Utah Code 53B-16-301

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Swear: includes "affirm. See Utah Code 68-3-12.5

Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5

Technical education: means career and technical education that:Utah Code 53B-1-101.5

Technology transfer: refers to transferring information, commercializing research, or providing technical assistance between a public institution of higher education and external persons for the purpose of economic development. See Utah Code 53B-16-301

Telehealth: means the electronic transfer, exchange, or management of related data for diagnosis, treatment, and consultation, and educational, public health, or other related purposes. See Utah Code 53B-17-101.5

Telehealth Advisory Council: means the Utah Telehealth Advisory Council created in Section 53B-17-106. See Utah Code 53B-17-101.5

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

UETN: means a consortium and partnership between public and higher education, the Utah Department of Health, and health care providers, that is created in Section 53B-17-105. See Utah Code 53B-17-101.5

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

University: means the University of Utah. See Utah Code 53B-17-1101

University Neuropsychiatric Institute: means the mental health and substance abuse treatment institute within the University of Utah Hospitals and Clinics. See Utah Code 53B-17-1201

Uphold: The decision of an appellate court not to reverse a lower court decision.

USTAR: means the Utah Science Technology and Research Initiative, which was repealed in 2020. See Utah Code 53B-17-1101

Vacancy: means :

(a)	except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or

(b)

in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102

Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102

Voter: means an individual who:

(a)	meets the requirements for voting in an election;

(b)	meets the requirements of election registration;

(c)	is registered to vote; and

(d)

is listed in the official register book. See Utah Code 20A-1-102

Voting booth: means :

(a)	the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or

(b)

a voting device that is free standing. See Utah Code 20A-1-102

Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102

Writing: includes :Utah Code 68-3-12.5