No. 39824 (New Rule): Rule R623-4. Processing Partisan Candidate Nomination Petitions

(New Rule)

DAR File No.: 39824
Filed: 10/15/2015 01:47:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Legislation passed (see S.B. 207, 2015 General Session) to require the Lieutenant Governor to create rules for the transparent orderly, and timely submission, verification, and certification of nomination petition signatures.

Summary of the rule or change:

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

State statutory or constitutional authorization for this rule:

• Title 20A, Chapter 9
• Art. VII, Sec. 1 and 14

Anticipated cost or savings to:

the state budget:

All costs are addressed by a fiscal note associated with the bill requiring the rule.

local governments:

All costs are addressed by a fiscal note associated with the bill requiring the rule.

small businesses:

Not affected. The rule governs the processing of signature packets by counties and the Lieutenant Governor's Office. No other entities will be processing signature packets.

persons other than small businesses, businesses, or local governmental entities:

Not affected. The rule governs the processing of signature packets by counties and the Lieutenant Governor's Office. No other entities will be processing signature packets.

Compliance costs for affected persons:

Not affected. The rule governs the processing of signature packets by counties and the Lieutenant Governor's Office. No other entities will be processing signature packets.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule establishes procedures for the Lieutenant Governor's Office and county clerks to process and verify candidate nomination petition packets. Businesses are not involved in the candidate nomination verification process; consequently, there will be no cost for businesses.

Spencer Cox, Lieutenant Governor

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Lieutenant Governor
Elections
Room 220 UTAH STATE CAPITOL
350 N STATE STREET
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Mark Thomas at the above address, by phone at 801-538-1041, by FAX at 801-538-1133, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2015

This rule may become effective on:

12/08/2015

Authorized by:

Mark Thomas, Chief Deputy

RULE TEXT

R623. Lieutenant Governor, Elections.

R623-4. Processing Partisan Candidate Nomination Petitions.

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: 2015

Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

 

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