§ 20A-1-509.1 — Procedure for filling midterm vacancy in county or district with 15 or more attorneys.

Utah § 20A-1-509.1

• Jurisdiction: Utah
• Title 20A: Election Code
• Ch. 20A-1: General Provisions
• Part 20A-1-5: Candidate Vacancy and Vacancy and Temporary Absence in Elected Office

Text

(1) When a vacancy occurs in the office of county or district attorney in a county or district having 15 or more attorneys who are licensed active members in good standing with the Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) (2)(a) The requirements of this Subsection (2) apply when the office of county attorney or district attorney becomes vacant and:
(2)(a)(i) the vacant office has an unexpired term of two years or more; and
(2)(a)(ii) the vacancy occurs before the first day of the applicable declaration of candidacy filing period described in Section 20A-9-201.5.
(2)(b) When the conditions established in Subsection (2)(a) are met, the county clerk shall notify the public and each registered political party that the vacancy exists.
(2)(c) All persons intending to become candidates for the vacant office shall:
(2)(c)(i) file a declaration of candidacy according to the procedures and requirements of Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy;
(2)(c)(ii) if nominated as a party candidate or qualified as an independent or write-in candidate under Chapter 9, Candidate Qualifications and Nominating Procedures, run in the regular general election; and
(2)(c)(iii) if elected, complete the unexpired term of the person who created the vacancy.
(2)(d) If the vacancy occurs during the applicable declaration of candidacy filing period described in Section 20A-9-201.5:
(2)(d)(i) the time for filing a declaration of candidacy under Section 20A-9-202 shall be extended until 5 p.m. on the first business day that is no later than seven calendar days after the last day of the applicable declaration of candidacy filing period described in Section 20A-9-201.5; and
(2)(d)(ii) the county clerk shall notify the public and each registered political party that the vacancy exists.
(3) (3)(a) The requirements of this Subsection (3) apply when the office of county attorney or district attorney becomes vacant and:
(3)(a)(i) the vacant office has an unexpired term of two years or more; and
(3)(a)(ii) the vacancy occurs after the third Thursday in March of the even-numbered year but more than 75 calendar days before the regular primary election.
(3)(b) When the conditions established in Subsection (3)(a) are met, the county clerk shall:
(3)(b)(i) notify the public and each registered political party that the vacancy exists; and
(3)(b)(ii) identify the date and time by which a person interested in becoming a candidate shall file a declaration of candidacy.
(3)(c) All persons intending to become candidates for the vacant office shall:
(3)(c)(i) no later than 5 p.m. on the first business day that is at least five calendar days after the day on which the county clerk gives the notice described in Subsection (3)(b)(i), file a declaration of candidacy for the vacant office as required by Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(3)(c)(ii) if elected, complete the unexpired term of the person who created the vacancy.
(3)(d) The county central committee of each party shall:
(3)(d)(i) select a candidate or candidates from among those qualified candidates who have filed declarations of candidacy; and
(3)(d)(ii) certify the name of the candidate or candidates to the county clerk:
(3)(d)(ii)(A) no later than 5 p.m. on the last business day that is at least 60 calendar days before the day of the regular primary election; or
(3)(d)(ii)(B) electronically, before midnight no later than 60 calendar days before the day of the regular primary election.
(4) (4)(a) The requirements of this Subsection (4) apply when the office of county attorney or district attorney becomes vacant and:
(4)(a)(i) the vacant office has an unexpired term of two years or more; and
(4)(a)(ii) 75 calendar days or less remain before the regular primary election but more than 65 calendar days remain before the regular general election.
(4)(b) When the conditions established in Subsection (4)(a) are met, the county central committees of each registered political party that wishes to submit a candidate for the office shall, not later than five calendar days after the day on which the vacancy occurs, certify the name of one candidate to the county clerk for placement on the regular general election ballot.
(4)(c) The candidate elected shall complete the unexpired term of the person who created the vacancy.
(5) (5)(a) The requirements of this Subsection (5) apply when the office of county attorney or district attorney becomes vacant and:
(5)(a)(i) the vacant office has an unexpired term of less than two years; or
(5)(a)(ii) the vacant office has an unexpired term of two years or more but 65 calendar days or less remain before the next regular general election.
(5)(b) When the conditions established in Subsection (5)(a) are met, the county legislative body shall give notice of the vacancy to:
(5)(b)(i) the county clerk; and
(5)(b)(ii) the county central committee of the same political party of the prior officeholder.
(5)(c) The county legislative body shall invite the committee described in Subsection (5)(b)(ii) to submit the names of three nominees to fill the vacancy.
(5)(d) The county central committee shall, within 30 calendar days after the day on which the county legislative body gives the notice described in Subsection (5)(b)(ii), submit to the county legislative body the names of three nominees to fill the vacancy.
(5)(e) The county legislative body shall, within 45 calendar days after the vacancy occurs, appoint one of those nominees to serve out the unexpired term.
(5)(f) If the county legislative body fails to appoint a person to fill the vacancy within 45 calendar days, the county clerk shall send to the governor a letter that:
(5)(f)(i) informs the governor that the county legislative body has failed to appoint a person to fill the vacancy within the statutory time period; and
(5)(f)(ii) contains the list of nominees submitted by the party central committee.
(5)(g) The governor shall appoint a person to fill the vacancy from that list of nominees within 30 calendar days after the day on which the governor receives the letter described in Subsection (5)(f).
(5)(h) A person appointed to fill the vacancy under this Subsection (5) shall complete the unexpired term of the person who created the vacancy.
(6) A person seeking appointment to fill a vacancy described in Subsection (5)(a) shall, no later than the deadline for the person to file a financial report under Section 17-70-403:
(6)(a) complete a conflict of interest disclosure statement in accordance with Section 17-70-304; and
(6)(b) submit the conflict of interest disclosure statement to the county legislative body and the county clerk.
(7) (7)(a) The county clerk shall make each conflict of interest disclosure statement made by a person described in Subsection (6) available for public inspection by posting an electronic copy of the statement on the county's website for at least 10 calendar days after the day on which the county legislative body appoints a person to fill the vacancy.
(7)(b) The county clerk shall post the electronic statement described in Subsection (7)(a) no later than two business days after the day on which the county clerk receives the statement.
(8) A vacancy in the office described in Subsection (1) does not occur unless the person occupying the office:
(8)(a) has left the office; or
(8)(b) submits an irrevocable letter of resignation to the county legislative body.
(9) Nothing in this section prevents or prohibits independent candidates from filing a declaration of candidacy for the office within the required time limits.

Legislative History

Amended by Chapter 2, 2025 Special Session 2