Utah Code

Utah Code § 20A-9-101 (2026)

Definitions

✓ current as of May 2026

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As used in this chapter:

"Candidates for elective office" means persons who file a declaration of candidacy under Section 20A-9-202 to run in a regular general election for a federal office, statewide constitutional office, multicounty office, or county office.

"Candidates for elective office" does not mean candidates for:

justice or judge of court of record or not of record;

presidential elector;

any political party offices; and

municipal or special district offices.

"Continuing political party" means the same as that term is defined in Section 20A-8-101.

"County office" means an elective office where the officeholder is selected by voters entirely within one county.

"County office" does not mean:

the office of justice or judge of any court of record or not of record;

the office of presidential elector;

any political party offices;

any municipal or special district offices; and

the office of United States Senator and United States Representative.

"Electronic candidate qualification process" means:

as it relates to a registered political party that is not a qualified political party, the process for gathering signatures electronically to seek the nomination of a registered political party, described in:

Section 20A-9-403;

Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and

Section 20A-21-201; and

as it relates to a qualified political party, the process, for gathering signatures electronically to seek the nomination of a registered political party, described in:

Section 20A-9-405, except Subsections 20A-9-405(3) and (5);

Section 20A-9-408; and

Section 20A-21-201.

"Federal office" means an elective office for United States Senator and United States Representative.

"Filing officer" means:

the lieutenant governor, for:

the office of United States Senator and United States Representative; and

all constitutional offices;

for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (6)(c) or (d);

the county clerk, for county offices and local school district offices;

the county clerk in the filer's county of residence, for multicounty offices;

the city or town clerk, for municipal offices; or

the special district clerk, for special district offices.

"Local government office" includes county offices, municipal offices, and special district offices and other elective offices selected by the voters from a political division entirely within one county.

"Manual candidate qualification process" means the process for gathering signatures to seek the nomination of a registered political party, using paper signature packets that a signer physically signs.

"Multicounty office" means an elective office where the officeholder is selected by the voters from more than one county.

"Multicounty office" does not mean:

a county office;

a federal office;

the office of justice or judge of any court of record or not of record;

the office of presidential elector;

any political party offices; or

any municipal or special district offices.

"Municipal office" means an elective office in a municipality.

"Political division" means a geographic unit from which an officeholder is elected and that an officeholder represents.

"Political division" includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district.

"Qualified political party" means a registered political party that:

permits a delegate for the registered political party to vote on a candidate nomination in the registered political party's convention remotely; or

provides a procedure for designating an alternate delegate if a delegate is not present at the registered political party's convention;

does not hold the registered political party's convention before the fourth Saturday in March of an even-numbered year;

permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods:

seeking the nomination through the registered political party's convention process, in accordance with the provisions of Section 20A-9-407; or

seeking the nomination by collecting signatures, in accordance with the provisions of Section 20A-9-408; and

if the registered political party is a continuing political party, no later than 5 p.m. on the first Monday of October of an odd-numbered year, certifies to the lieutenant governor that, for the election in the following year, the registered political party intends to nominate the registered political party's candidates in accordance with the provisions of Section 20A-9-406; or

if the registered political party is not a continuing political party, certifies at the time that the registered political party files the petition described in Section 20A-8-103 that, for the next election, the registered political party intends to nominate the registered political party's candidates in accordance with the provisions of Section 20A-9-406.

"Signature," as it relates to a petition for a candidate to seek the nomination of a registered political party, means:

when using the manual candidate qualification process, a holographic signature collected physically on a nomination petition described in Subsection 20A-9-405(3); or

when using the electronic candidate qualification process:

an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or

a holographic signature collected electronically under Subsection 20A-21-201(6)(c)(ii)(B).

"Special district office" means an elected office in a special district.

"Statewide constitutional office" means the office of governor, lieutenant governor, attorney general, state auditor, and state treasurer.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 2015–2024 · leading case: Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016).

Sort: Relevance Newest Treatment

Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). · cites it 30× “Utah Code §§ 20A-9-101 (12)(d) and - 408; Utah Republican Party, 2016 UT 17, ¶4 ("[T]o meet the definitional requirements of a QPP, a political party must permit its members to seek its nomination by ‘choosing to seek the nomination by either or both' the convention and the…”

Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). · cites it 12× “…certified questions of law from the United States District Court for the District of Utah: 1. In interpreting Utah Code § 20A-9-101(12)(d), § 20A-9-406(8) and § 20A-9-406(4), does Utah law require that a Qualified Political Party (QPP) permit its members to seek its…”

Utah Repub. Party v. Herbert, 144 F. Supp. 3d 1263 (D. Utah 2015). · cites it 22× “” 49 The State argues that Utah Code § 20A-9-101(12)(a), the provision in SB54 that requires QPPs to allow unaffiliated voters to vote in the QPP’s primary election (“Unaffiliated Voter Provision”), is not a “severe burden;” 50 and argues that CPU’s facial challenge to SB54…”

Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). · cites it 13× “24 The Order explained Utah Code § 20A-9-101(12)(a) was potentially unconstitutional.”

Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018). · cites it 4× “]” Utah Code § 20A-9-101(12)(c) (“the Either or Both Provision”) (emphasis added).”

Utah Repub. Party v. Cox, 885 F.3d 1219 (10th Cir. 2018). · cites it 4× “]” Utah Code § 20A-9-101(12)(c) (“the Either or Both Provision”) (emphasis added).”

United Utah Party v. Cox, 268 F. Supp. 3d 1227 (D. Utah 2017). · cites it 2× “Governor and his staff reviewed the proposed procedure and determined that, if adopted, the proposed procedure would satisfy the requirement to be a QPP found in Utah Code § 20A-9-101(12)(a). 88 Later on July 31, the governing body of the UUP then met and adopted the procedure…”

Pipkin v. Acumen, 2020 UT App 111 (Utah Ct. App. 2020). · cites it 2× “To make a long story short,2 in 2014 the Legislature passed SB54 which, when enacted, created a signature-gathering path for candidates to the primary election ballot as an alternative to state nominating conventions and prevented any political party from restricting access to…”

Utah Repub. Party v. Herbert, 133 F. Supp. 3d 1337 (D. Utah 2015). · cites it 9× “§ 20A-9-101(12). . S.B. 207 at 23:618-625.”

Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). · cites it 12× “…certified questions of law from the United States District Court for the District of Utah: 1. In interpreting Utah Code § 20A-9-101(12)(d), § 20A-9-406(3) and § 20A-9-406(4), does Utah law require that a Qualified Political Party (QPP) permit its members to seek its…”

Rohr v. State of Utah (D. Utah 2024). “§ 20A-9-101(1)(b). Thus, Plaintiffs were not on the Utah ballot as presidential electors.”

— Utah Code § 20A-9-101(1)(b) — 1 case

Rohr v. State of Utah (D. Utah 2024). “§ 20A-9-101(1)(b). Thus, Plaintiffs were not on the Utah ballot as presidential electors.”

— Utah Code § 20A-9-101(12) — 2 cases

Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “Utah Code §§ 20A-9-101 (12)(d) and - 408; Utah Republican Party, 2016 UT 17, ¶4 ("[T]o meet the definitional requirements of a QPP, a political party must permit its members to seek its nomination by ‘choosing to seek the nomination by either or both' the convention and the…”

Utah Repub. Party v. Herbert, 133 F. Supp. 3d 1337 (D. Utah 2015). “§ 20A-9-101(12). . S.B. 207 at 23:618-625.”

— Utah Code § 20A-9-101(12)(a) — 5 cases

Utah Repub. Party v. Herbert, 144 F. Supp. 3d 1263 (D. Utah 2015). “” 49 The State argues that Utah Code § 20A-9-101(12)(a), the provision in SB54 that requires QPPs to allow unaffiliated voters to vote in the QPP’s primary election (“Unaffiliated Voter Provision”), is not a “severe burden;” 50 and argues that CPU’s facial challenge to SB54…”

Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). “24 The Order explained Utah Code § 20A-9-101(12)(a) was potentially unconstitutional.”

United Utah Party v. Cox, 268 F. Supp. 3d 1227 (D. Utah 2017). “Governor and his staff reviewed the proposed procedure and determined that, if adopted, the proposed procedure would satisfy the requirement to be a QPP found in Utah Code § 20A-9-101(12)(a). 88 Later on July 31, the governing body of the UUP then met and adopted the procedure…”

Utah Repub. Party v. Herbert, 133 F. Supp. 3d 1337 (D. Utah 2015). “§ 20A-9-101(12). . S.B. 207 at 23:618-625.”

— Utah Code § 20A-9-101(12)(c) — 3 cases

Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018). “]” Utah Code § 20A-9-101(12)(c) (“the Either or Both Provision”) (emphasis added).”

Utah Repub. Party v. Cox, 885 F.3d 1219 (10th Cir. 2018). “]” Utah Code § 20A-9-101(12)(c) (“the Either or Both Provision”) (emphasis added).”

Pipkin v. Acumen, 2020 UT App 111 (Utah Ct. App. 2020). “To make a long story short,2 in 2014 the Legislature passed SB54 which, when enacted, created a signature-gathering path for candidates to the primary election ballot as an alternative to state nominating conventions and prevented any political party from restricting access to…”

— Utah Code § 20A-9-101(12)(d) — 4 cases

Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…certified questions of law from the United States District Court for the District of Utah: 1. In interpreting Utah Code § 20A-9-101(12)(d), § 20A-9-406(8) and § 20A-9-406(4), does Utah law require that a Qualified Political Party (QPP) permit its members to seek its…”

Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). “24 The Order explained Utah Code § 20A-9-101(12)(a) was potentially unconstitutional.”

Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…certified questions of law from the United States District Court for the District of Utah: 1. In interpreting Utah Code § 20A-9-101(12)(d), § 20A-9-406(3) and § 20A-9-406(4), does Utah law require that a Qualified Political Party (QPP) permit its members to seek its…”

— Utah Code § 20A-9-101(12)(e) — 2 cases

Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). “24 The Order explained Utah Code § 20A-9-101(12)(a) was potentially unconstitutional.”

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