20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer, state auditor, State Board of Education member, and lieutenant governor.

571 words·~3 min read·/ut/title-20a/chapter-1/20a-1-504

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)When a vacancy occurs for any reason in the office of attorney general, state treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the unexpired term at the next regular general election.

(b)The governor shall fill the vacancy until the next regular general election by:

(i)appointing a person who meets the qualifications for the office from three persons nominated by the state central committee of the same political party as the prior officeholder; or

(ii)for a State Board of Education vacancy, if the individual who is being replaced:

(A)was elected at a nonpartisan State Board of Education election, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications and residency requirements for filling the vacancy described in Section 20A-14-103 ;

(B)was elected at a partisan State Board of Education election, but is not a member of a political party, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications and residency requirements for filling the vacancy described in Section 20A-14-103 ; or

(C)was elected at a partisan State Board of Education election, and is a member of a political party, by appointing an individual who meets the qualifications for the office from three persons nominated by the state central committee of the same political party as the prior officeholder.

(2)If a vacancy occurs in the office of lieutenant governor, the governor shall, with the advice and consent of the Senate, appoint a person to hold the office until the next regular general election at which the governor stands for election.

(a)Except as provided in Subsection (3)(b) , an individual seeking appointment to fill a vacancy described in this section shall make a complete conflict of interest disclosure on the website described in Section 20A-11-1602.5 :

(i)for a vacancy in the office of lieutenant governor, attorney general, state treasurer, or state auditor, no later than the deadline for the individual to file an interim report under Subsection 20A-11-204(3)(a) ; or

(ii)for a vacancy in the office of State Board of Education member, no later than the deadline for the individual to file an interim report under Subsection 20A-11-1303(2) (a).

(b)An individual described in Subsection

(a)is not required to comply with Subsection

(a)if the individual:

(i)currently holds an office described in Subsection (1)(a) or (2);

(ii)already, that same year, filed a conflict of interest disclosure for the office described in Subsection (3)(b)(i) , in accordance with Section 20A-11-1604 ; and

(iii)no later than the deadline described in Subsection (3)(a) , indicates, in a written statement, that the conflict of interest disclosure described in Subsection (3)(b)(ii) is updated and accurate as of the date of the written statement.

(4)The lieutenant governor shall make each conflict of interest disclosure made by an individual described in Subsection (3)(a) available for public inspection in accordance with Subsection 20A-11-1603(4) .

(5)A vacancy in an office described in Subsection (1)(a) or

(2)does not occur unless the individual occupying the office:

(a)has left the office; or

(b)submits an irrevocable letter of resignation to the governor.

Amended by Chapter 90 , 2025 General Session