§ UCA § 20A-9-409Primary election provisions relating to qualified political party

Effective 5/6/2026

20A-9-409. 
Primary election provisions relating to qualified political party.




(1)
The regular primary election is held on the date specified in Section 20A-1-201.5.





(2)



(a)
A qualified political party that nominates only one candidate for an elective office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that office under Section 20A-9-408:


(i)
may not participate in the primary election for that office; and





(ii)
will appear as a candidate for that office on the regular general election ballot.








(b)
A qualified political party that has only one candidate qualify as a candidate for an elective office under Section 20A-9-408 and does not nominate a candidate for that office under Section 20A-9-407:


(i)
may not participate in the primary election for that office; and





(ii)
will appear as a candidate for that office on the regular general election ballot.








(c)
A qualified political party that nominates one or more candidates for an elective office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that office under Section 20A-9-408 shall participate in the primary election for that office.





(d)
A qualified political party that has two or more candidates qualify as candidates for an elective office under Section 20A-9-408, and does not nominate a candidate for that office under Section 20A-9-407, shall participate in the primary election for that office.





(e)
A qualified political party that nominates two candidates for an elective office under Section 20A-9-407, and does not have a candidate qualify as a candidate for elective office under Section 20A-9-408, shall participate in the primary election for that office.








(3)
Notwithstanding Subsection (2), in an opt-in county, as defined in Section 17-62-201 or 17-62-202, a qualified political party shall participate in the primary election for a county commission office if:


(a)
there is more than one:


(i)
open position as defined in Section 17-62-201; or





(ii)
midterm vacancy as defined in Section 17-62-201; and








(b)
the number of candidates nominated under Section 20A-9-407 or qualified under Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number of respective open positions or midterm vacancies.






Amended by Chapter 329, 2026 General Session