§ 20A-9-802. Western States Presidential Primary established -- Other ballot items prohibited.

(1)

(a)

(i) Contingent upon legislative appropriation, there is established a Western States Presidential Primary election to be held on the first Tuesday in February in the year in which a presidential election will be held.

(ii) A political party may participate in a regular primary election for the office of President of the United States only if there is no Western States Presidential Primary election in that year.

(b) Except as otherwise specifically provided in this chapter, county clerks shall administer the Western States Presidential Primary according to the provisions of Title 20A, Election Code, including:

(i) Title 20A, Chapter 1, General Provisions;

(ii) Title 20A, Chapter 2, Voter Registration;

(iii) Title 20A, Chapter 3, Voting;

(iv) Title 20A, Chapter 4, Election Returns and Election Contests;

(v) Title 20A, Chapter 5, Election Administration; and

(vi) Title 20A, Chapter 6, Ballot Form.

(c)

(i) The county clerks shall ensure that the ballot voted by the voters at the Western States Presidential Primary contains only the names of candidates for President of the United States who have qualified as provided in this part.

(ii) The county clerks may not present any other items to the voters to be voted upon at this election.

(2) Registered political parties, and candidates for President of the United States who are affiliated with a registered political party, may participate in the Western States Presidential Primary established by this part.

(3) As a condition for using the state's election system, each registered political party wishing to participate in Utah's Western States Presidential Primary shall:

(a) declare their intent to participate in the Western States Presidential Primary;

(b) identify one or more registered political parties whose members may vote for the registered political party's candidates and whether or not persons identified as unaffiliated with a political party may vote for the registered political party's candidates; and

(c) certify that information to the lieutenant governor no later than 5 p.m. on the June 30 of the year before the year in which the presidential primary will be held.

Amended by Chapter 2, 2011 Special Session 3