20A-9-403 - Regular primary elections.
20A-9-403. Regular primary elections.
(1) (a) The fourth Tuesday of June of each even-numbered year is designated as regularprimary election day.
(b) Each registered political party that chooses to use the primary election process tonominate some or all of its candidates shall comply with the requirements of this section.
(2) (a) As a condition for using the state's election system, each registered political partythat wishes to participate in the primary election shall:
(i) declare their intent to participate in the primary election;
(ii) identify one or more registered political parties whose members may vote for theregistered political party's candidates and whether or not persons identified as unaffiliated with apolitical party may vote for the registered political party's candidates; and
(iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1 ofeach even-numbered year.
(b) As a condition for using the state's election system, each registered political party thatwishes to participate in the primary election shall:
(i) certify the name and office of all of the registered political party's candidates to thelieutenant governor no later than 5 p.m. on May 13 of each even-numbered year; and
(ii) certify the name and office of each of its county candidates to the county clerks by 5p.m. on May 13 of each even-numbered year.
(c) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall sendthe county clerks a certified list of the names of all statewide or multicounty candidates that mustbe printed on the primary ballot.
(d) (i) Except as provided in Subsection (2)(d)(ii), if a registered political party does notwish to participate in the primary election, it shall submit the names of its county candidates tothe county clerks and the names of all of its candidates to the lieutenant governor by 5 p.m. onMay 30 of each even-numbered year.
(ii) A registered political party's candidates for President and Vice-President of theUnited States shall be certified to the lieutenant governor as provided in Subsection20A-9-202(4).
(e) Each political party shall certify the names of its presidential and vice-presidentialcandidates and presidential electors to the lieutenant governor's office no later than September 8of each presidential election year.
(3) The county clerk shall:
(a) review the declarations of candidacy filed by candidates for local boards of educationto determine if more than two candidates have filed for the same seat;
(b) place the names of all candidates who have filed a declaration of candidacy for a localboard of education seat on the nonpartisan section of the ballot if more than two candidates havefiled for the same seat; and
(c) conduct a lottery to determine the order of the candidates' names on the ballot.
(4) After the county clerk receives the certified list from a registered political party, thecounty clerk shall post or publish a primary election notice in substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____, ________(year),to nominate party candidates for the parties and nonpartisan offices listed on the primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continueopen until 8 p.m. of the same day. Attest: county clerk".
(5) (a) Candidates receiving the highest number of votes cast for each office at theregular primary election are nominated by their party or nonpartisan group for that office.
(b) If two or more candidates are to be elected to the office at the regular generalelection, those party candidates equal in number to positions to be filled who receive the highestnumber of votes at the regular primary election are the nominees of their party for thosepositions.
(6) (a) When a tie vote occurs in any primary election for any national, state, or otheroffice that represents more than one county, the governor, lieutenant governor, and attorneygeneral shall, at a public meeting called by the governor and in the presence of the candidatesinvolved, select the nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district courtjudges of the district in which the county is located shall, at a public meeting called by the judgesand in the presence of the candidates involved, select the nominee by lot cast in whatever mannerthe judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at anyprimary election provided for by this section, and all expenses necessarily incurred in thepreparation for or the conduct of that primary election shall be paid out of the treasury of thecounty or state, in the same manner as for the regular general elections.
Amended by Chapter 225, 2008 General Session