§ 20A-9-404 — Municipal primary elections.

(1) (1)(a) Except as otherwise provided in this section or Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, candidates for municipal office in all municipalities shall be nominated at a municipal primary election.
(1)(b) Municipal primary elections shall be held:
(1)(b)(i) consistent with Section 20A-1-201.5, on the second Tuesday following the first Monday in the August before the regular municipal election; and
(1)(b)(ii) whenever possible, at the same polling places as the regular municipal election.
(1)(c) Subsections (3) through (5) do not apply to an election to elect local school board members under Section 53G-3-302.
(1)(d) Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, does not apply to an election to elect local school board members under Section 53G-3-302.
(2) Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if the number of candidates for a particular municipal office does not exceed twice the number of individuals needed to fill that office, a primary election for that office may not be held and the candidates are considered nominated.
(3) (3)(a) For purposes of this Subsection (3), "convention" means an organized assembly of voters or delegates.
(3)(b) (3)(b)(i) By ordinance adopted before the May 1 that falls before a regular municipal election, any third, fourth, or fifth class city or town may exempt itself from a primary election by providing that the nomination of candidates for municipal office to be voted upon at a municipal election be nominated by a municipal party convention or committee.
(3)(b)(ii) The municipal party convention or committee described in Subsection (3)(b)(i) shall be held on or before May 30 of an odd-numbered year.
(3)(b)(iii) Any primary election exemption ordinance adopted under this Subsection (3) remains in effect until repealed by ordinance.
(3)(c) (3)(c)(i) A convention or committee may not nominate more than one candidate for each of the municipal offices to be voted upon at the municipal election.
(3)(c)(ii) A convention or committee may not nominate an individual who has accepted the nomination of a different convention or committee.
(3)(c)(iii) A municipal party may not have more than one group of candidates placed upon the ballot and may not group the same candidates on different tickets by the same party under a different name or emblem.
(3)(d) (3)(d)(i) On or before May 31 of an odd-numbered year, a convention or committee shall prepare and submit to the filing officer a certificate of nomination for each individual nominated.
(3)(d)(ii) The certificate of nomination shall:
(3)(d)(ii)(A) contain the name of the office for which each individual is nominated, the name, post office address, and, if in a city, the street number of residence and place of business, if any, of each individual nominated;
(3)(d)(ii)(B) designate in not more than five words the party that the convention or committee represents;
(3)(d)(ii)(C) contain a copy of the resolution passed at the convention that authorized the committee to make the nomination;
(3)(d)(ii)(D) contain a statement certifying that the name of the candidate nominated by the political party will not appear on the ballot as a candidate for any other political party;
(3)(d)(ii)(E) be signed by the presiding officer and secretary of the convention or committee; and
(3)(d)(ii)(F) contain a statement identifying the residence and post office address of the presiding officer and secretary and certifying that the presiding officer and secretary were officers of the convention or committee and that the certificates are true to the best of their knowledge and belief.
(3)(d)(iii) A candidate nominated by a municipal party convention or committee shall file a declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:
(3)(d)(iii)(A) the name of the municipal party or convention that nominated the candidate; and
(3)(d)(iii)(B) the office for which the convention or committee nominated the candidate.
(3)(e) A committee appointed at a convention, if authorized by an enabling resolution, may also make nominations or fill vacancies in nominations made at a convention if the committee makes the nomination before the deadline for a write-in candidate to file a declaration of candidacy under Section 20A-9-601.
(3)(f) The election ballot shall substantially comply with the form prescribed in Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall be included with the candidate's name.
(4) (4)(a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the May 1 that falls before the regular municipal election that:
(4)(a)(i) exempts the city or town from the other methods of nominating candidates to municipal office provided in this section; and
(4)(a)(ii) provides for a municipal partisan convention method of nominating candidates as provided in this Subsection (4).
(4)(b) (4)(b)(i) Any party that was a registered political party at the last regular general election or regular municipal election is a municipal political party under this section.
(4)(b)(ii) Any political party may qualify as a municipal political party by presenting a petition to the city recorder that:
(4)(b)(ii)(A) is signed, with a holographic signature, by registered voters within the municipality equal to at least 20% of the number of votes cast for all candidates for mayor in the last municipal election at which a mayor was elected;
(4)(b)(ii)(B) is filed with the city recorder or town clerk no later than 5 p.m. on the last business day before the day on which the municipal party holds a convention to nominate a candidate under this Subsection (4);
(4)(b)(ii)(C) is substantially similar to the form of the signature sheets described in Section 20A-7-303; and
(4)(b)(ii)(D) contains the name of the municipal political party using not more than five words.
(4)(b)(iii) With the assistance of the county clerk, the city recorder or town clerk shall use the procedures described in Section 20A-1-1002 to determine whether each signer is a registered voter who is qualified to sign the petition.
(4)(c) (4)(c)(i) If the number of candidates for a particular office does not exceed twice the number of offices to be filled at the regular municipal election, no primary election for that office shall be held and the candidates are considered to be nominated.
(4)(c)(ii) If the number of candidates for a particular office exceeds twice the number of offices to be filled at the regular municipal election, those candidates for municipal office shall be nominated at a municipal primary election.
(4)(d) The clerk shall ensure that the partisan municipal primary ballot is similar to the ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.
(4)(e) After marking a municipal primary ballot, the voter shall deposit the ballot in the blank ballot box.
(4)(f) Immediately after the canvass, the election judges shall, without examination, destroy the tickets deposited in the blank ballot box.
(5) (5)(a) A voter who signs a petition under Subsection (4)(b)(ii) may have the voter's signature removed from the petition by, no later than 5 p.m. three business days after the day on which the petition is filed with the city recorder or town clerk, submitting to the city recorder or town clerk a statement requesting that the voter's signature be removed.
(5)(b) A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(5)(c) With the assistance of the county clerk and using the procedures described in Subsection 20A-1-1003(3), the city recorder or town clerk shall determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.

Legislative History

Amended by Chapter 448, 2025 General Session