Utah Code
Utah Code § 20A-9-406 (2026)
Qualified political party -- Requirements and exemptions
✓ current as of May 2026
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The following provisions apply to a qualified political party:
the qualified political party shall, no later than 5 p.m. on the first Monday of October of each odd-numbered year, certify to the lieutenant governor the identity of one or more registered political parties whose members may vote for the qualified political party's candidates and whether unaffiliated voters may vote for the qualified political party's candidates;
the following provisions do not apply to a nomination for the qualified political party:
Subsections 20A-9-403(1) through (4)(a);
Subsection 20A-9-403(4)(c); and
Section 20A-9-405;
an individual may only seek the nomination of the qualified political party by using a method described in Section 20A-9-407, Section 20A-9-408, or both;
the qualified political party shall comply with the provisions of Sections 20A-9-407, 20A-9-408, and 20A-9-409;
notwithstanding Subsection 20A-6-301(1)(a), (1)(e), or (2)(a), each election officer shall ensure that a ballot described in Section 20A-6-301 includes each individual nominated by a qualified political party:
under the qualified political party's name, if any; or
under the title of the qualified registered political party as designated by the qualified political party in the certification described in Subsection (1), or, if none is designated, then under some suitable title;
notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for ballots in regular general elections, that each candidate who is nominated by the qualified political party is listed by party;
notwithstanding Subsection 20A-6-304(1)(e), each election officer shall ensure that the party designation of each candidate who is nominated by the qualified political party is displayed adjacent to the candidate's name on a mechanical ballot;
"candidates for elective office," defined in Subsection 20A-9-101(1)(a), also includes an individual who files a declaration of candidacy under Section 20A-9-407 or 20A-9-408 to run in a regular general election for a federal office, statewide constitutional office, multicounty office, or county office;
an individual who is nominated by, or seeking the nomination of, the qualified political party is not required to comply with Subsection 20A-9-201(1)(c);
notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled to have each of the qualified political party's candidates for elective office appear on the primary ballot of the qualified political party with an indication that each candidate is a candidate for the qualified political party;
the lieutenant governor shall include on the list provided by the lieutenant governor to the county clerks under Section 20A-5a-205, the names of all candidates of the qualified political party for the offices described in Subsection 20A-5a-205(2)(a); and
a county clerk shall include on the list provided by the county clerk under Section 20A-5a-206, the names of all candidates of the qualified political party for the offices described in Subsection 20A-5a-206(2);
a county clerk shall:
except as provided in Subsection (12)(b), include on the regular primary election ballot the candidates of a qualified political party that have qualified for placement on the ballot; and
exclude from the regular primary election ballot the candidates who are unopposed candidates;
notwithstanding Subsection 20A-9-403(4)(c), a candidate who is unopposed for an elective office in the regular primary election of the qualified political party is nominated by the party for that office without appearing on the primary ballot; and
notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section 20A-9-405, the qualified political party is entitled to have the names of its candidates for elective office featured with party affiliation on the ballot at a regular general election.
Notes of Decisions
Cited in 8
cases, 2015–2018 · leading case: Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016).
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate candidates in 2016 in accordance with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate c&ndi-dates in 2016 in accordance-with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
Utah Repub. Party v. Herbert, 144 F. Supp. 3d 1263 (D. Utah 2015). “On August 17, 2015, the Utah Republican Party certified to the Lieutenant Governor its intent to nominate candidates *1270 in 2016 in accordance with Utah Code § 20A-9-406, which sets forth the requirements and exemptions for QPPs.”
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…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 nomination by "either" or "both" of the methods set…”
Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018). “See generally Utah Code § 20A-9-406 et seq. But unlike under the previous system, a party may not restrict access to the primary ballot just to candidates who emerge from the party convention.”
Utah Repub. Party v. Cox, 885 F.3d 1219 (10th Cir. 2018). “See generally Utah Code § 20A-9-406 et seq. But unlike under the previous system, a party may not restrict access to the primary ballot just to candidates who emerge from the party convention.”
Utah Repub. Party v. Herbert, 133 F. Supp. 3d 1337 (D. Utah 2015). “§ 20A-9-406. . Id. § 20A-8-101(4). . Id. § 20A-9-403(2)(a)(i).”
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…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 nomination by “either” or “both”…”
— Utah Code § 20A-9-406(1) — 1 case
Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate c&ndi-dates in 2016 in accordance-with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
— Utah Code § 20A-9-406(3) — 2 cases
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate candidates in 2016 in accordance with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…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 nomination by “either” or “both”…”
— Utah Code § 20A-9-406(4) — 3 cases
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…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 nomination by "either" or "both" of the methods set…”
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate candidates in 2016 in accordance with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…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 nomination by “either” or “both”…”
— Utah Code § 20A-9-406(5) — 1 case
Utah Repub. Party v. Herbert, 133 F. Supp. 3d 1337 (D. Utah 2015). “§ 20A-9-406. . Id. § 20A-8-101(4). . Id. § 20A-9-403(2)(a)(i).”
— Utah Code § 20A-9-406(8) — 1 case
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). “…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 nomination by "either" or "both" of the methods set…”
— Utah Code § 20A-9-406(l) — 2 cases
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate candidates in 2016 in accordance with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). “§ 20A-9-101(12)(e), the Utah Republican Party certifies its intent to nominate c&ndi-dates in 2016 in accordance-with its internal rules and procedures and Utah Code Ann. § 20A-9-406. This is without prejudice to the positions the party has asserted in the matter Utah Republican…”
— Utah Code § 20A-9-406(l)(a) — 1 case
Utah Repub. Party v. Herbert, 144 F. Supp. 3d 1263 (D. Utah 2015). “On August 17, 2015, the Utah Republican Party certified to the Lieutenant Governor its intent to nominate candidates *1270 in 2016 in accordance with Utah Code § 20A-9-406, which sets forth the requirements and exemptions for QPPs.”
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