§ 1-4-1304 — Nomination of candidates

(1) A minor political party may
nominate candidates in accordance with sections 1-4-302, 1-4-402 (1)(a), 1-4-502 (1),
and 1-4-802 and this article.

(1.5) (a) A minor political party may nominate candidates for offices to be
filled at a general election by petition in accordance with section 1-4-802.

(b) (I) A minor political party may nominate candidates for offices to be filled
at a general election by assembly. Except as provided in subsection (1.5)(f) of this
section, an assembly shall be held no later than seventy-three days preceding the
primary election.

(II) Each candidate receiving thirty percent or more of the votes of all duly
accredited assembly delegates who are present and voting on that office shall be
designated by the assembly and certified pursuant to subsection (3) of this section.

(c) If an assembly designates more than one candidate for an office, or if an
assembly designates one or more candidates and one or more candidates qualifies
by petition, the candidate of the minor political party for that office shall be
nominated at a primary election held in accordance with this code. A minor political
party may prohibit unaffiliated electors from voting in the party's primary election
so long as the prohibition is in accordance with the party's constitution, bylaws, or
other applicable rules. Any minor party choosing to prohibit unaffiliated electors
from voting in its primary election must notify the secretary of state of the
prohibition not less than seventy-five days prior to the primary election.

(d) If only one candidate is designated for an office by petition or assembly,
that candidate shall be the candidate of the minor political party in the general
election.

(e) Nothing in this section shall be construed to prevent any eligible elector
associated with a political organization that does not qualify as a minor political
party in an election from qualifying for the ballot by petition as an unaffiliated
candidate under section 1-4-802.

(f) Repealed.

(2) Nominations by a minor political party, to be valid, must be made in
accordance with the party's constitution or bylaws. No nomination under this
section is valid for any general election unless the nominee:

(a) Is a registered elector;

(b) Was registered as affiliated with the minor political party that is making
the nomination, as shown in the statewide voter registration system, no later than
the first business day of the January immediately preceding the general election for
which the person was nominated, unless otherwise provided in the constitution or
bylaws of the minor political party; and

(c) Has not been registered as a member of a major political party at any
time after the first business day of the January immediately preceding the general
election for which the person was nominated, unless otherwise provided in the
constitution or bylaws of the minor political party.

(3) Any minor political party nominating candidates in accordance with this
part 13 shall file a certificate of designation with the designated election official no
later than four days after the assembly was held at which the candidate was
designated. The certificate of designation must state the name of the office for
which each person is a candidate and the candidate's name and address, the date
on which the assembly was held at which the candidate was designated, must
designate in not more than three words the name of the minor political party that
the candidate represents, and must certify that the candidate is a member of the
minor political party. The candidate's name may include one nickname, if the
candidate regularly uses the nickname and the nickname does not include any part
of a political party name. The candidate's affiliation as shown in the statewide voter
registration system is prima facie evidence of party membership.

(4) Any person nominated in accordance with this part 13 shall file a written
acceptance with the designated election official by mail, facsimile transmission, or
hand delivery. The written acceptance must be postmarked or received by the
designated election official no later than four business days after the filing of the
certificate of designation required under subsection (3) of this section. If the
acceptance is transmitted to the designated election official by facsimile
transmission, the original acceptance must also be filed and postmarked no later
than ten days after the filing of the certificate of designation required under
subsection (3) of this section. If an acceptance is not filed within the specified time,
the candidate shall be deemed to have declined the nomination.

(5) Nothing in this part 13 shall be construed to allow a minor political party
to nominate more than one candidate for any one office.

Legislative History

Source: L. 98: Entire part added, p. 254, � 1, effective April 13. L. 99: IP(2), (3), and (4) amended, p. 769, � 36, effective May 20; (3) amended, p. 161, � 12, effective August 4. L. 2001: (3) amended, p. 1002, � 7, effective August 8. L. 2003: (1) and (3) amended and (1.5) added, p. 1312, � 12, effective April 22. L. 2007: (2)(b) and (2)(c) amended, p. 1974, � 14, effective August 3. L. 2010: (2) amended, (HB 10-1271), ch. 324, p. 1503, � 6, effective May 27. L. 2011: (1.5)(b)(I) amended, (SB 11-189), ch. 243, p. 1065, � 15, effective May 27. L. 2012: (3) amended, (HB 12-1292), ch. 181, p. 681, � 18, effective May 17. L. 2016: IP(2), (2)(b), and (3) amended, (SB 16-142), ch. 173, p. 578, � 35, effective May 18. Initiated 2016: (1.5)(c) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2020: (1.5)(b)(I) amended and (1.5)(f) added, (HB 20-1359), ch. 23, p. 87, � 10, effective March 16.