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

Utah Code § 20A-9-409 (2026)

Primary election provisions relating to qualified political party

✓ current as of May 2026
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The regular primary election is held on the date specified in Section 20A-1-201.5.
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:
may not participate in the primary election for that office; and
will appear as a candidate for that office on the regular general election ballot.
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:
may not participate in the primary election for that office; and
will appear as a candidate for that office on the regular general election ballot.
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.
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.
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.
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:
there is more than one:
open position as defined in Section 17-62-201; or
midterm vacancy as defined in Section 17-62-201; and
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.
Notes of Decisions
Cited in 3 cases, 2016–2018 · leading case: Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018).
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Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018). “See Utah Code Ann. § 20A-9-409(2). If a party's only candidates for an office are chosen at its convention, the party "may, but is not required to, participate in the primary election for that office.”
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). · cites it 2× “The URP Constitution Article XII, § 2(1) conflicts with Utah Code § 20A-9-409(4). The URP Constitution states that winners from the URP convention will “proceed to the general election,” while the law states that winners from party conventions "shall participate in the primary…”
Utah Repub. Party v. Cox, 885 F.3d 1219 (10th Cir. 2018). “See Utah Code Ann. § 20A-9-409(2). If a party's only candidates for an office are chosen at its convention, the party "may, but is not *1252 required to, participate in the primary election for that office.”
— Utah Code § 20A-9-409(2) — 2 cases
Utah Repub. Party v. Cox, 892 F.3d 1066 (10th Cir. 2018). “See Utah Code Ann. § 20A-9-409(2). If a party's only candidates for an office are chosen at its convention, the party "may, but is not required to, participate in the primary election for that office.”
Utah Repub. Party v. Cox, 885 F.3d 1219 (10th Cir. 2018). “See Utah Code Ann. § 20A-9-409(2). If a party's only candidates for an office are chosen at its convention, the party "may, but is not *1252 required to, participate in the primary election for that office.”
— Utah Code § 20A-9-409(4) — 1 case
Utah Repub. Party v. Cox, 178 F. Supp. 3d 1150 (D. Utah 2016). “The URP Constitution Article XII, § 2(1) conflicts with Utah Code § 20A-9-409(4). The URP Constitution states that winners from the URP convention will “proceed to the general election,” while the law states that winners from party conventions "shall participate in the primary…”
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