MIDTERM VACANCY ELECTION – STATE SENATE DISTRICT 14

MIDTERM VACANCY ELECTION – STATE SENATE DISTRICT 14

The Utah County Republican Party (UCRP) announces a Midterm Vacancy Election for the filling of the seat vacated by Senator Al Jackson in SD14.  The following information may be helpful for individuals seeking eligibility to fill that state senate seat:


PLEASE BE AWARE THAT IF YOU PLAN TO FILE FOR CANDIDACY TO FILL THE SD14 OPEN SENATE SEAT YOU MUST FILE THAT INTENT BY 4:59 PM ON FRIDAY, JULY 22, 2016, ALSO KNOW AS “THE FILING DEADLINE.”


PLEASE ALSO BE AWARE THAT THE FILING MUST BE WITH THE UCRP SECRETARY, KRISTEN CHEVRIER, BY THE FILING DEADLINE, BY EMAIL.  PLEASE INCLUDE WITHIN THE BODY OF YOUR EMAIL AN AFFIRMATIVE STATEMENT INDICATING THAT YOU INTEND TO SEEK THE OPEN STATE SENATE DISTRICT 14 SEAT.


THE UCRP SECRETARY’s EMAIL IS kchevrier@ucrp.org

Please refer all questions or comments in writing to the UCRP Secretary at kchevrier@ucrp.org, regarding this midterm vacancy election.


To be eligible to run, a person must:

  • Be a citizen of the United States
  • Be at least 25 years of age
  • Be a qualified voter in the district from which the person is chosen
  • Be a resident of the state for three consecutive years immediately prior to the person’s appointment to the office, for a person appointed to fill a mid-term vacancy
  • Be a resident of the district for which the person is appointed to fill a mid-term vacancy for six consecutive months immediately prior to the person’s appointment
  • Must have been registered as a Republican in the most recent general election and…currently eligible to file as a Republican (Party) candidate (Bylaw 7 and Bylaw 5.B.)

The following individuals have filed to participate as candidates in this midterm vacancy election (posted in order of filing).  Placement of declared candidate on ballot pending verification of eligibility:

Daniel Hemmert  (7/11/16  2:41 pm)
‘Afa Kehaati Palu  (7/11/16 3:48 pm)  WITHDRAWN 7/26/2016  8:00 pm
Christopher Michael Miller  (7/11/16  4:31 pm)  WITHDRAWN   7/14/16   10:58 am

The following schedule/timeline for this midterm vacancy election cycle is provided for reference (and may be subject to change):


MONDAY, JULY 11, 2016 | Start of Filing Period  (potential candidates must meet the requirements to run for the Utah State Senate)


FRIDAY, JULY 22, 2016 at 4:59 pm | End of Filing Period


SATURDAY, JULY 23, 2016 | Start of Official Campaigning Period


THIS EVENT HAS BEEN CANCELLED SATURDAY, JULY 30, 2016 at 9:00 am | UCRP Senate District 14 Debate (officially filed/eligible candidates only) (Location TBA)


FRIDAY, AUGUST 5, 2016 | End of Official Campaigning Period


SATURDAY, AUGUST 6, 2016 at 8:00 am | MIDTERM VACANCY ELECTION SENATE DISTRICT 14 – Credentialing Begins for County Delegates in SD14 (Location TBA)


SATURDAY, AUGUST 6, 2016 at 9:00 am | MIDTERM VACANCY ELECTION SENATE DISTRICT 14 – Call to Order for Midterm Vacancy Election for State Senator SD14


Constitutional, statutory, and UCRP Bylaws are provided below for additional reference.  (Other statutory and/or bylaw requirements may be required.  It is the responsibility of the potential candidate to become acquainted with all laws and requirements for eligibility for this election.)


A person must be eligible to hold the office of state senator.  The following are the laws and rules to be eligible for this office…


The CONSTITUTION of the STATE of UTAH, requirements:


Article VI, Section 5   [Who is eligible as a legislator.]

(1) A person is not eligible to the office of senator or representative unless the person is:

(a) a citizen of the United States;

(b) at least twenty-five years of age;

(c) a qualified voter in the district from which the person is chosen;

(d) a resident of the state for three consecutive years immediately prior to:

(i) the last date provided by statute for filing for the office, for a person seeking election to the office; or

(ii) the person’s appointment to the office, for a person appointed to fill a mid-term vacancy; and

(e) (i) a resident of the district from which the person is elected for six consecutive months immediately prior to the last date provided by statute for filing for the office; or

(ii) a resident of the district for which the person is appointed to fill a mid-term vacancy for six consecutive months immediately prior to the person’s appointment.

(2) A person elected or appointed to the office of senator or representative may not continue to serve in that office after ceasing to be a resident of the district from which elected or for which appointed.


A person is ineligible as a legislator…


Article VI, Section 6  [Who ineligible as legislator.]

No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust.

Utah State Law, requirements (for a Midterm Vacancy Election, non-applicable sections for this election are stricken):

20A-1-503  Midterm vacancies in the Legislature.

(1) As used in this section:

(a) “Filing deadline” means the final date for filing:

(i) a declaration of candidacy as provided in Section 20A-9-202; and

(ii) a certificate of nomination as provided in Section 20A-9-503.

(b) “Party liaison” means the political party officer designated to serve as a liaison with the lieutenant governor on all matters relating to the political party’s relationship with the state as required by Section 20A-8-401.

(2) When a vacancy occurs for any reason in the office of representative in the Legislature, the governor shall fill the vacancy by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior representative.

(3)   (a) Except as provided by Subsection (5), when a vacancy occurs for any reason in the office of senator in the Legislature, it 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 immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.

(4) (a) If a vacancy described in Subsection (3)(a) occurs after the filing deadline but before August 31 of an even-numbered year in which the term of office does not expire, the lieutenant governor shall:

(i) establish a date, which is before the date for a candidate to be certified for the ballot under Section 20A-9-701 and no later than 21 days after the day on which the vacancy occurred, by which a person intending to obtain a position on the ballot for the vacant office shall file:

(A) a declaration of candidacy; or

(B) a certificate of nomination; and

(ii) give notice of the vacancy and the date described in Subsection (4)(a)(i):

(A) on the lieutenant governor’s website; and

(B) to each registered political party.

(b) A person intending to obtain a position on the ballot for the vacant office shall:

(i) by the date specified in Subsection (4)(a)(i), file a declaration of candidacy or certificate of nomination according to the procedures and requirements of Chapter 9, Candidate Qualifications and Nominating Procedures; and

(ii) run in the regular general election if:

(A) nominated as a party candidate; or

(B) qualified as an unaffiliated candidate as provided by Chapter 9, Candidate Qualifications and Nominating Procedures.

(c) If a vacancy described in Subsection (3)(a) occurs on or after the first Monday after the third Saturday in April and before August 31 of an even-numbered year in which the term of office does not expire, a party liaison from each registered political party may submit a name of a person described in Subsection (4)(b) to the lieutenant governor by August 30 for placement on the regular general election ballot.

(5) If a vacancy described in Subsection (3)(a) occurs on or after August 31 of an even-numbered year in which a term does not expire, the governor shall fill the vacancy for the unexpired term by immediately appointing the person whose name was submitted by the party liaison of the same political party as the prior senator.


The Utah County Republican Party, requirements…


Bylaw 7 – Midterm Vacancy Replacements of Republican Elected Officials

A. In a midterm vacancy of a Republican Utah State Senator or House Representative for a district entirely within Utah County and in accordance with Utah Code 20A-1-503.2 and 3, the Party shall call a convention of the district’s county delegates to elect a replacement.

1. Such election shall follow the same voting procedures and rules used for Nominating Conventions as outlined in Bylaw 6, Section D, governing the selection of Party candidates, except as modified below.

a. If, after the round of balloting in which only two candidates remain, neither candidate receives at least sixty percent of the votes cast, the vote totals for each candidate shall be announced and voting proceed one last time. The candidate who then receives the most votes shall be the replacement.

b. In the case of a tie between the two remaining candidates, the selection shall be determined by a coin toss.

B. Eligibility. Any candidate who was registered as a Republican in the most recent general election and is currently eligible to file as a Republican candidate may file for a midterm vacancy.


(and)


F. The Party Chair and Secretary, in accordance with Utah Code 20A-1-503-513, shall certify the selection.