(1)As used in this section:
(1)(a) "Filing deadline" means the final date for filing:
(1)(a)(i) a declaration of candidacy as provided in Section 20A-9-202; and
(1)(a)(ii) a certificate of nomination as provided in Section 20A-9-503.
(1)(b) "Party liaison" means the political party officer designated to serve as a liaison with the lieutenant governor on all matters relating to the political party's relationship with the state as required by Section 20A-8-401.
(2)When a vacancy occurs for any reason in the office of representative in the Legislature, the governor shall fill the vacancy by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior representative.
(3)(3)(a) Except as provided by Subsection (5), when a vacancy oc
Free access — add to your briefcase to read the full text and ask questions with AI
(1) As used in this section:
(1)(a) "Filing deadline" means the final date for filing:
(1)(a)(i) a declaration of candidacy as provided in Section 20A-9-202; and
(1)(a)(ii) a certificate of nomination as provided in Section 20A-9-503.
(1)(b) "Party liaison" means the political party officer designated to serve as a liaison with the lieutenant governor on all matters relating to the political party's relationship with the state as required by Section 20A-8-401.
(2) When a vacancy occurs for any reason in the office of representative in the Legislature, the governor shall fill the vacancy by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior representative.
(3) (3)(a) Except as provided by Subsection (5), when a vacancy occurs for any reason in the office of senator in the Legislature, it shall be filled for the unexpired term at the next regular general election.
(3)(b) The governor shall fill the vacancy until the next regular general election by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.
(4) (4)(a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but before August 31 of an even-numbered year in which the term of office does not expire, the lieutenant governor shall:
(4)(a)(i) establish a date and time, which is before the date for a candidate to be certified for the ballot under Section 20A-9-701 and no later than 21 calendar days after the day on which the vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant office shall file:
(4)(a)(i)(A) a declaration of candidacy; or
(4)(a)(i)(B) a certificate of nomination; and
(4)(a)(ii) give notice of the vacancy and the date and time described in Subsection (4)(a)(i):
(4)(a)(ii)(A) on the lieutenant governor's website; and
(4)(a)(ii)(B) to each registered political party.
(4)(b) A person intending to obtain a position on the ballot for the vacant office shall:
(4)(b)(i) before the date and time specified in Subsection (4)(a)(i), file a declaration of candidacy or certificate of nomination according to the procedures and requirements of Chapter 9, Candidate Qualifications and Nominating Procedures; and
(4)(b)(ii) run in the regular general election if:
(4)(b)(ii)(A) nominated as a party candidate; or
(4)(b)(ii)(B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate Qualifications and Nominating Procedures.
(4)(c) If a vacancy described in Subsection (3)(a) occurs after the deadline described in Subsection 20A-9-202(1)(b) and before August 31, of an even-numbered year in which the term of office does not expire, a party liaison from each registered political party may submit a name of a person described in Subsection (4)(b) to the lieutenant governor before 5 p.m. no later than August 30 for placement on the regular general election ballot.
(5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an even-numbered year in which a term does not expire, the governor shall fill the vacancy for the unexpired term by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.
(6) (6)(a) Except as provided in Subsection (6)(b), an individual seeking appointment to fill a vacancy described in this section shall, no later than the deadline for the individual to file an interim report under Subsection 20A-11-303(3)(a), make a complete conflict of interest disclosure on the website described in Section 20A-11-1602.5.
(6)(b) An individual described in Subsection (6)(a) is not required to comply with Subsection (6)(a) if the individual:
(6)(b)(i) (6)(b)(i)(A) currently holds the office of senator and is seeking appointment as a representative; or
(6)(b)(i)(B) currently holds the office of representative and is seeking appointment as a senator;
(6)(b)(ii) already, that same year, filed a conflict of interest disclosure for the office described in Subsection (6)(b)(i), in accordance with Section 20A-11-1604; and
(6)(b)(iii) no later than the deadline described in Subsection (6)(a), indicates, in a written statement, that the conflict of interest disclosure described in Subsection (6)(b)(ii) is updated and accurate as of the date of the written statement.
(7) The lieutenant governor shall make each conflict of interest disclosure made by an individual described in Subsection (6)(a) available for public inspection in accordance with Subsection 20A-11-1603(4).
(8) A vacancy in the office of senator or representative of the Legislature does not occur unless the senator or representative:
(8)(a) has left the office; or
(8)(b) submits an irrevocable letter of resignation to:
(8)(b)(i) for a senator, the president of the Senate; or
(8)(b)(ii) for a representative, the speaker of the House of Representatives.