Utah Code » Title 20A, Chapter 9 — Candidate Qualifications and Nominating Procedures; part 20A-9-4 — Primary Elections
Utah Code

Utah Code § 20A-9-407 (2026)

Convention process to seek the nomination of a qualified political party

✓ current as of May 2026
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This section describes the requirements for a member of a qualified political party who is seeking the nomination of a qualified political party for an elective office through the qualified political party's convention process.
Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of candidacy for a member of a qualified political party who is nominated by, or who is seeking the nomination of, the qualified political party under this section shall be substantially as described in Section 20A-9-408.5.
Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the nomination of the qualified political party for an elective office that is to be filled at the next general election, shall:
except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy in person with the filing officer during the applicable declaration of candidacy filing period described in Section 20A-9-201.5; and
pay the filing fee.
Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political party who, under this section, is seeking the nomination of the qualified political party for the office of district attorney within a multicounty prosecution district that is to be filled at the next general election, shall:
file a declaration of candidacy with the county clerk designated in the interlocal agreement creating the prosecution district during the applicable declaration of candidacy filing period described in Section 20A-9-201.5; and
pay the filing fee.
Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who files as the joint-ticket running mate of an individual who is nominated by a qualified political party, under this section, for the office of governor shall, during the applicable declaration of candidacy filing period described in Section 20A-9-201.5, file a declaration of candidacy and submit a letter from the candidate for governor that names the lieutenant governor candidate as a joint-ticket running mate.
A qualified political party that nominates a candidate under this section shall certify the name of the candidate to the lieutenant governor before the deadline described in Subsection 20A-9-202(1)(b).
The lieutenant governor and a county clerk shall include, in the primary ballot certification or, for a race where a primary is not held because the candidate is unopposed, in the list of names described in Sections 20A-5a-209 and 20A-5a-210, the name of each candidate nominated by a qualified political party under this section.
Notwithstanding Subsection 20A-5a-209(3), the ballot shall, for each candidate who is nominated by a qualified political party under this section, designate the qualified political party that nominated the candidate.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2015–2021 · leading case: Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016).
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Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). · cites it 5× “…Political Party (QPP) permit its members to seek its nomination by "either" or "both" of the methods set forth in § 20A-9-407 and § 20A-9-408, or may a QPP preclude a member from seeking the party's nomination by gathering signatures under § 20A-9-4087 If a registered…”
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). · cites it 6× “The first question asks whether it is up to the member or the party to choose how the member of the party seeks nomination: 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…”
Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018). · cites it 2× “Utah Code § 20A-9-407. No party to this lawsuit challenges the constitutionality of this provision, and in fact the URP’s primary assertion, as discussed above, is that this should be the only available method for qualifying for the Republican primary ballot.”
Utah Repub. Party v. Cox, 177 F. Supp. 3d 1343 (D. Utah 2016). · cites it 2× “” The Convention Route Is Constitutional No party claims that the QPP convention path, found in Utah Code § 20A-9-407, is unconstitutional.”
Utah Repub. Party v. Cox, 885 F.3d 1219 (10th Cir. 2018). · cites it 2× “Utah Code § 20A-9-407. No party to this lawsuit challenges the constitutionality of this provision, and in fact the URP’s primary assertion, as discussed above, is that this should be the only available method for qualifying for the Republican primary ballot.”
Utah Repub. Party v. Herbert, 144 F. Supp. 3d 1263 (D. Utah 2015). · cites it 2× “3 (QPP section) (citing Utah Code § 20A-9-407). . State Fact no. 4 (QPP section) (citing Utah Code § 20A-9-408).”
Utah Repub. Party v. Herbert, 133 F. Supp. 3d 1337 (D. Utah 2015). · cites it 4× “On the convention nomination track, Utah Code Ann. § 20A-9-407 sets forth the “requirements for a member of a qualified political party who is seeking the nomination of a qualified political party.”
Utah Repub. Party v. Cox, 2016 UT 17 (Utah 2016). · cites it 6× “…Political Party (QPP) permit its members to seek its nomination by “either” or “both” of the methods set forth in § 20A-9-407 and § 20A-9-408, or may a QPP preclude a member from seeking the party’s nomination by gathering signatures under § 20A-9-408? UTAH REPUBLICAN…”
Garbett v. Herbert (D. Utah 2020). · cites it 2× “3 See Utah Code Ann. §§ 20A-9-407, 20A-9-408. 4 See id.”
Garbett v. Herbert (D. Utah 2021). “§§ 20A-9-407, 20A-9-408 (West 2020). 10 See Dkt.”
— Utah Code § 20A-9-407(3)(a) — 1 case
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “The first question asks whether it is up to the member or the party to choose how the member of the party seeks nomination: 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…”
— Utah Code § 20A-9-407(3)(b) — 1 case
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “The first question asks whether it is up to the member or the party to choose how the member of the party seeks nomination: 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…”
— Utah Code § 20A-9-407(6)(a) — 1 case
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “The first question asks whether it is up to the member or the party to choose how the member of the party seeks nomination: 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…”
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