20A-1-509.1 - Procedure for filling midterm vacancy in county or district with 15 or more attorneys.
20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15 ormore attorneys.
(1) When a vacancy occurs in the office of county or district attorney in a county ordistrict having 15 or more attorneys who are licensed active members in good standing with theUtah State Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) (a) The requirements of this Subsection (2) apply when the office of county attorneyor district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs before the third Friday in March of the even-numbered year.
(b) When the conditions established in Subsection (2)(a) are met, the county clerk shallnotify the public and each registered political party that the vacancy exists.
(c) All persons intending to become candidates for the vacant office shall:
(i) file a declaration of candidacy according to the procedures and requirements of Title20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
(ii) if nominated as a party candidate or qualified as an independent or write-in candidateunder Title 20A, Chapter 9, Candidate Qualifications and Nominating Procedures, run in theregular general election; and
(iii) if elected, complete the unexpired term of the person who created the vacancy.
(d) If the vacancy occurs after the second Friday in March and before the third Friday inMarch, the time for filing a declaration of candidacy under Section 20A-9-202 shall be extendeduntil seven days after the county clerk gives notice under Subsection (2)(b), but no later than thefourth Friday in March.
(3) (a) The requirements of this Subsection (3) apply when the office of county attorneyor district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the third Friday in March of the even-numbered year butmore than 50 days before the regular primary election.
(b) When the conditions established in Subsection (3)(a) are met, the county clerk shall:
(i) notify the public and each registered political party that the vacancy exists; and
(ii) identify the date and time by which a person interested in becoming a candidate mustfile a declaration of candidacy.
(c) All persons intending to become candidates for the vacant office shall:
(i) within five days after the date that the notice is made, ending at at the close of normaloffice hours on the fifth day, file a declaration of candidacy for the vacant office as required byTitle 20A, Chapter 9, Part 2, Candidate Qualifications and Nominating Procedures; and
(ii) if elected, complete the unexpired term of the person who created the vacancy.
(d) The county central committee of each party shall:
(i) select a candidate or candidates from among those qualified candidates who have fileddeclarations of candidacy; and
(ii) certify the name of the candidate or candidates to the county clerk at least 35 daysbefore the regular primary election.
(4) (a) The requirements of this Subsection (4) apply when the office of county attorneyor district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) 50 days or less remain before the regular primary election but more than 50 days
remain before the regular general election.
(b) When the conditions established in Subsection (4)(a) are met, the county centralcommittees of each registered political party that wish to submit a candidate for the office shallsummarily certify the name of one candidate to the county clerk for placement on the regulargeneral election ballot.
(c) The candidate elected shall complete the unexpired term of the person who createdthe vacancy.
(5) (a) The requirements of this Subsection (5) apply when the office of county attorneyor district attorney becomes vacant and:
(i) the vacant office has an unexpired term of less than two years; or
(ii) the vacant office has an unexpired term of two years or more but 50 days or lessremain before the next regular general election.
(b) When the conditions established in Subsection (5)(a) are met, the county legislativebody shall give notice of the vacancy to the county central committee of the same political partyof the prior officeholder and invite that committee to submit the names of three nominees to fillthe vacancy.
(c) That county central committee shall, within 30 days of receiving notice from thecounty legislative body, submit to the county legislative body the names of three nominees to fillthe vacancy.
(d) The county legislative body shall, within 45 days after the vacancy occurs, appointone of those nominees to serve out the unexpired term.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 45days, the county clerk shall send to the governor a letter that:
(i) informs the governor that the county legislative body has failed to appoint a person tofill the vacancy within the statutory time period; and
(ii) contains the list of nominees submitted by the party central committee.
(f) The governor shall appoint a person to fill the vacancy from that list of nomineeswithin 30 days after receipt of the letter.
(g) A person appointed to fill the vacancy under Subsection (5) shall complete theunexpired term of the person who created the vacancy.
(6) Nothing in this section prevents or prohibits independent candidates from filing adeclaration of candidacy for the office within the required time limits.
Amended by Chapter 197, 2010 General Session