20A-9-409. Primary election provisions relating to qualified political party.
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Effective 5/6/2026
20A-9-409. Primary election provisions relating to qualified political party.
(1)The regular primary election is held on the date specified in Section 20A-1-201.5 .
(a)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 :
(i)may not participate in the primary election for that office; and
(ii)will appear as a candidate for that office on the regular general election ballot.
(b)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 :
(i)may not participate in the primary election for that office; and
(ii)will appear as a candidate for that office on the regular general election ballot.
(c)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.
(d)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.
(e)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.
(3)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:
(a)there is more than one:
(i)open position as defined in Section 17-62-201 ; or
(ii)midterm vacancy as defined in Section 17-62-201 ; and
(b)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.
Amended by Chapter 329 , 2026 General Session