Section 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.(2)(a) A qualified political party that nominates one or more candidates 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, may, but is not required to, participate in the primary election for that office.(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, may, but is not required to, participate in the primary election for that office.(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.(3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section 17-52a-201 or 17-52a-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 17-52a-201; or(ii) midterm vacancy as defined in Section 17-52a-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.(4)(a) As used in this Subsection (4), a candidate is "unopposed" if:(i) no individual other than the candidate receives a certification, from the appropriate filing officer, for the regular primary election ballot of the candidate's registered political party for a particular elective office; or(ii) for an office where more than one individual is to be elected or nominated, the number of candidates who receive certification, from the appropriate filing officer, for the regular primary election of the candidate's registered political party does not exceed the total number of candidates to be elected or nominated for that office.(b) Before the deadline described in Subsection (4)(c), the lieutenant governor shall: (i) provide to the county clerks: (A) a list of the names of all candidates for federal, constitutional, multi-county, single county, and county offices who have received certifications from the appropriate filing officer, along with instructions on how those names shall appear on the primary election ballot in accordance with Section 20A-6-305; and(B) a list of unopposed candidates for elective office who have been nominated by a registered political party; and(ii) instruct the county clerks to exclude unopposed candidates from the primary election ballot.(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after the fourth Saturday in April.Amended by Chapter 6, 2021SP2 General Session ,§ 4, eff. 11/16/2021.Amended by Chapter 4, 2019SP1 General Session ,§ 11, eff. 9/23/2019.Amended by Chapter 68, 2018 General Session ,§ 37, eff. 3/15/2018.Amended by Chapter 91, 2017 General Session ,§ 14, eff. 5/9/2017.Amended by Chapter 54, 2017 General Session ,§ 5, eff. 5/9/2017.Added by Chapter 17, 2014 General Session ,§ 18, eff. 1/1/2015.