Utah Legislature Passes Bill Easing Petition Deadline for Independent Candidates

On February 15, the Utah legislature passed SB 107, which eases the petition deadline for independent candidates from January to June 15. It also repeals the residency requirements for petitioners, so now the law allows out-of-state circulators.

As far as is known, this is the first bill in any state this year to have passed the legislature that improves ballot access for minor party or independent candidates. The lawsuit filed by Robert F. Kennedy, Jr., is responsible for the portion of the bill that eases the deadline.


Comments

Utah Legislature Passes Bill Easing Petition Deadline for Independent Candidates — 16 Comments

  1. Does the law now all out of state petition circulators for all petitions, which includes petitions for new parties, candidates for primary elections, initiatives, referendums and recalls (if Utah has a recall petition process; I know Utah has initiative and referendum petitions), or does it only apply to independent candidate petitions.

  2. @Andy,

    I think so. There are dozens of places where the residency requirement is struck out, and the circulator only has to affirm that they are 18 YO. If there are any cases left out, it is by accident of the drafter.

    The bill was amended in the House to change the independent filing deadline.

    It is interesting that Utah has an option for electronic signature gathering. It still requires a circulator, who presents an approved device to the potential signer and transmits the information to a website maintained by the state. (this is not a new section, the bill just removes the requirement that the circulator who presents the device to the voter does not have to be a resident).

  3. Some states have no out of state petition circulator bans for candidate or party petitions, but do have them for initiative and referendum petitions.

  4. “The lawsuit filed by Robert F. Kennedy, Jr., is responsible for the portion of the bill that eases the deadline.”

    If he accomplished nothing else, the most useful thing that RFK-2 can accomplish is establish some positive precedents for ballot access.

  5. Does this bill apply to this year? As in, could a candidate currently running now submit signatures and qualify for the ballot? Has the govern signed the bill? Thanks.

  6. @Brian,

    The bill has an immediate implementation clause, which required a 2/3 vote. But it was almost a unanimous vote. It will take effect when the governor signs the bill or there is a veto override. I think there may be a starting date for circulating.

    The legislature had messed up another change, which inadvertently changed a July deadline to January for independent candidates. This bill sets the deadline to June 15, which was a month earlier than previous.

    Apparently the AG has told a federal court that the legislature was going to fix the law. This is technically a violation of separation of powers, but it lets the legislature make what is a technical change, and then the lawyers can agree to withdraw the case as moot, and the judge won’t have to issue an injunction.

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