Utah Code » Title 20A, Chapter 1 — General Provisions; part 20A-1-8 — Civil Action for Election Code Violation
Utah Code

Utah Code § 20A-1-804 (2026)

Judgment and findings -- Appeal -- Criminal prosecution not affected by judgment

✓ current as of May 2026
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Except as provided in Subsection (2), if the court finds that the candidate whose right to office is being challenged, the candidate's personal campaign committee, or a member of the candidate's personal campaign committee has committed a significant violation of any provision of this title, the judge shall enter an order:
declaring void the election of the candidate to that office;
ousting and excluding the candidate from office; and
declaring the office vacant.
A vacancy created by an order described in Subsection (1)(a) shall be filled as provided in this chapter.
As it relates to a candidate for either house of the Legislature, if the court finds that the candidate, the candidate's personal campaign committee, or a member of the candidate's personal campaign committee has committed a significant violation of any provision of this title, the court shall:
prepare and sign written findings of fact and conclusions of law relating to the violation; and
without issuing an order, transmit those findings and conclusions to the reviewing official.
The reviewing official shall transmit the judge's findings and conclusions to the house of the Legislature for which the person is a candidate.
A party may appeal the determination of the court in the same manner as appeals may be taken in civil actions.
A judge may not issue an injunction suspending or staying the proceeding unless:
application is made to the court or to the presiding judge of the court;
all parties receive notice of the application and the time for the hearing; and
the judge conducts a hearing.
Any judgment or findings and conclusions issued as provided in this section may not be construed to bar or affect in any way any criminal prosecution of any candidate or other person.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: League of Women Voters v. Utah State Legislature, 2024 UT 40 (Utah 2024).
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League of Women Voters v. Utah State Legislature, 2024 UT 40 (Utah 2024). “§ 20A-1-804(1)(a) (empowering courts to—where certain candidates for office have “committed a significant violation” of the Election Code— “declar[e] void the election” of the candidate, oust and exclude the candidate from office, and declare the office vacant).”
— Utah Code § 20A-1-804(1)(a) — 1 case
League of Women Voters v. Utah State Legislature, 2024 UT 40 (Utah 2024). “§ 20A-1-804(1)(a) (empowering courts to—where certain candidates for office have “committed a significant violation” of the Election Code— “declar[e] void the election” of the candidate, oust and exclude the candidate from office, and declare the office vacant).”
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