HB 443 — Amendments to Procedure to Fill A Legislative Vacancy

02-19HB0443S01 15:05compared 1stwith Sub.HB0443 {Omitted text} shows text that was in HB0443 but was omitted in HB0443S01 inserted text shows text that was not in HB0443 but was inserted into HB0443S01 DISCLAIMER:

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{and} ▸ provides a method for calling a special primary election or a special general election to fill a vacancy in the Legislature on a date other than a date that coincides with the dates of other elections;elections{.

and} ▸; provides for a temporary appointment to fill a vacancy in the Legislature that occurs, or s will exist, during a general session of the Legislature, until the vacancy is filled by at special election described in this bill.

Sand MoneyH Appropriated▸ provides for a temporary appointment to fill a vacancy in the Legislature that occurB, or will exist, during a general session of the Legislature, until the vacancy is filled by4a special election described in this Bill:bill.

uHB0443 bcompared Nonewith HHB0443S01 OtherMoney SpecialAppropriated Clauses:in this Bill:

B None .Other Special Clauses:

None Utah Code Sections Affected:

4 ENACTS:

320A-1-503.1 20A-1-503.1,, Utah Code Annotated 1953 REPEALS AND REENACTS:

20A-1-503,20A-1-503 , as last amended by Laws of Utah 2025, Chapters 90, 448 1stBe Sub.it enacted by the Legislature of the state of Utah:

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443 02-19 15:05 Be it enacted by the Legislature of the state of Utah:

20A-1-50320A-1-503. .

- 2 - HB0443 compared with HB0443S01 (2) Except as provided in Subsection (3) or (4), if a vacancy occurs in the office of representative, or if a representative submits an irrevocable letter of future resignation, the governor shall issue a proclamation calling a special election to fill the vacancy, as follows:

(a)(i)(a) (i) if the office is vacant, the governor shall issue the proclamation within seven days after the day on which the vacancy occurs;

and -(ii) 2the -special 02-19general 15:05election 1stwill Sub.be held on the same date as the next available special general election date following the date of the special primary election;

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443 (ii) the special general election will be held on the same date as the next available special general election date following the date of the special primary election;

- 3 - HB0443 compared with HB0443S01 (3) Except as provided in Subsection (4), if the governor is unable to issue a proclamation calling a special election to fill the vacancy more than 90 days before an available special primary election date, the office will remain vacant until filled at the next regular general election.

(a)(i)(a) (i) the day on which the governor issues the proclamation is more than 90 days before an available special primary election date;

or (b)(i)(b) (i) the day on which the governor issues the proclamation is 90 or fewer days before the latest available special primary election date;

-(5) 3(a) -If 1stthe Sub.proclamation sets the date of a special election to fill a vacancy on a date other than a date required under Subsection (2)(b), the governor shall:

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443 02-19 15:05 (5)(a) If the proclamation sets the date of a special election to fill a vacancy on a date other than a date required under Subsection (2)(b), the governor shall:

and (ii)(A)(ii) (A) if the governor is able to issue another proclamation more than 90 days before an available special primary election date, the governor shall issue the proclamation and set the election dates in accordance with Subsection (2)(b);

or - 4 - HB0443 compared with HB0443S01 (B) if the governor is unable to issue another proclamation more than 90 days before an available special primary election date, the office will remain vacant until filled at the next regular general election.

(a) the governor shall immediately appoint, as a temporary replacement to fill the vacancy, the qualified individual whose name is submitted to the governor by the party liaison for the party of which the prior officeholder was a member when the -prior 4officeholder -was 02-19elected 15:05or 1stappointed Sub.to the office;

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443 prior officeholder was elected or appointed to the office;

Section 20A-1-503.12 is enacted to read:

20A-1-503.120A-1-503.1. .

- 5 - HB0443 compared with HB0443S01 (ii) the date of the regular primary election held during the second year of the term of office for the applicable Senate district;

(iv) the date of the regular general election held during the second year of the term of -office 5for -the 1stapplicable Sub.Senate district;