Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R623. Lieutenant Governor, Elections.

Rule R623-4. Processing Partisan Candidate Nomination Petitions.

As in effect on October 1, 2019

Table of Contents

R623-4-1. Purpose.

A. Pursuant to Utah Code Annotated Subsection 20A-9-403(3)(f), this rule provides for the transparent orderly, and timely submission, verification, and certification of nomination petition signatures.

B. Pursuant to Utah Code Annotated Section 20A-9-410, this rule provides procedures for complying with, and verifying compliance with, the candidate nominating process described in that part.

R623-4-2. Authority.

This rule is required by Chapter 9 of Title 20A, Candidate Qualifications and Nominating Procedures, and is enacted under the authority of the Utah Constitution Art. VII, Sections 1 and 14, and Chapter 3 of Title 63G, the Utah Administrative Rulemaking Act.

R623-4-3. Definitions.

A. "Filing Officer" for the purposes of this section means:

1. The Lieutenant Governor will serve as the filing officer for federal, state and multicounty legislative races.

2. The County Clerk will serve as the filing officer for single county legislative races.

B. "Qualification Threshold" means:

1. The number of signatures required for a given office as set forth in 20A-9-403(3) (a)(ii) and 20A-9-408(8)(b).

R623-4-4. Uniform Nomination Petition Processing Standards.

A. Nomination Petition Packet Submission Procedure.

1. Any candidate who submits a nomination petition for verification shall submit their nomination petition packets, personally or by a designated agent, to the filing officer before the deadlines established in UCA Sections 20A-9-403 and 20A-9-408

2. Any submission of nomination petition packets must contain sufficient signatures to meet or exceed the qualification threshold.

3. At the time of submitting any nomination petition, a candidate or designated agent must provide, on a form provided by the filing officer:

a. The candidate's contact information.

b. The estimated number of nomination petition packets in the submission.

c. The estimated number of signatures in the submission.

d. A signed statement that the candidate has gathered the amount of signatures, required to meet the qualification threshold.

4. The filing officer shall provide the candidate a receipt of the submission that includes:

a. The date and submission time.

b. A copy of the form required by Subsection (A)(3).

5. The filing officer shall reject a submission if:

a. The candidate fails to provide the form required in Subsection (A)(3);

b. The candidate did not gather the amount of signatures required to meet or exceeds the qualification threshold;

c. The candidate did not meet the submission deadline established in Utah Code Sections 20A-9-403 and 20A-9-408; or

d. The candidate has already met the qualification threshold.

6. If the filing officer rejects a submission in accordance with Subsection (A)(5), the filing officer shall provide the candidate with a written explanation of the rejection.

B. Supplementing Nomination Petition Packets.

1. Candidates may submit supplemental nomination petition packets following their first submission until the filing officer notifies the candidate that they have met the qualification threshold in accordance with Subsection (E)(1) or until the deadlines established in Utah Code Sections 20A-9-403 and 20A-9-408, whichever comes first.

2. The intake of supplemental nomination petition packets shall comply with Subsections (A)(1) through (A)(6).

3. The processing of supplemental nomination petition packets shall comply with Subsection (C)(1) through (E)(1).

C. Order of Nomination Petition Packet Verification.

1. The filing officer shall verify nomination petition submissions in the order received.

2. The filing officer shall ensure that nomination petition packets for candidates for the same office are not verified simultaneously.

D. Verifying Nomination Petition Packets.

1. The filing officer shall verify nomination petition packets in accordance with Utah Code Section 20A-7-206.3.

2. The filing officer shall verify all signatures of a nomination petition until the candidate has sufficient signatures to meet the qualification threshold.

3. The filing officer may discontinue the verification of a nomination petition if the candidate officially withdraws their candidacy or withdraws their notice of intent to gather signatures.

E. Communication of Results to Candidate.

1. Within one (1) business day after verifying all signatures in a candidate's submission or after the candidate meets or exceeds the qualification threshold, the filing officer shall notify the candidate of the total number of valid signatures in the submission and whether the candidate has met the qualification threshold.

R623-4-5. Withdrawal of Petition Packets and Petition Signatures.

A. A candidate may not withdraw nomination petition packets once they are submitted in accordance with Subsection R623-4-4(A).

B. A voter who has signed a candidate's nomination petition may have the voter's signature removed from the petition by submitting to the filing officer a statement requesting that the voter's signature be removed.

C. The statement shall include:

1. the name of the voter;

2. the name of the candidate;

3. the resident address at which the voter is registered to vote;

4. the last four digits of the voter's Social Security number;

5. the voter's driver license or identification card number; and

6. the signature of the voter.

D. A voter may not submit a statement by email or other electronic means.

E. In order for the signature to be removed, the statement must be received before the candidate submits any petition signatures for verification in accordance with Subsection R623-4-4(A).

R624-4-6. Declarations of Candidacy for State and Local School Board Candidates.

A. Any state or local school board candidate under Utah Code Title 20A shall file a declaration of candidacy in accordance with 20A-9-201 and 20A-9-202.

B. If Utah Code does not establish a deadline for state or local school board candidates to file a declaration of candidacy, the candidate shall file a declaration of candidacy before 5 p.m. on the third Thursday in March before the next regular general election.

KEY

candidate petitions, election law, elections

Date of Enactment or Last Substantive Amendment

December 8, 2015

Authorizing, Implemented, or Interpreted Law

Art. VII, Secs. 1 and 14; 20A-9


Additional Information

Contact

For questions regarding the content or application of rules under Title R623, please contact the promulgating agency (Lieutenant Governor, Elections). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.