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Utah lawmakers establish new district attorney election procedures for unopposed candidates

January 02, 2025 | 2025 Utah Senate Bills, 2025 Utah Legislative Session, Utah Legislation Bills, Utah


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Utah lawmakers establish new district attorney election procedures for unopposed candidates
A new legislative proposal in Utah, S.B. 54, is stirring discussions about the electoral process for district attorneys. Introduced on January 2, 2025, the bill aims to streamline ballot procedures when only one candidate is running for the position of district attorney in districts with minimal registered voters.

The crux of S.B. 54 is its provision that allows a single candidate's name to appear on a separate section of the ballot, accompanied by a straightforward yes/no question: "Shall (name of candidate) be elected to the office of district attorney?" If the candidate receives more "Yes" votes than "No," they are elected; otherwise, they are disqualified from taking office. This approach is particularly relevant in districts with three or fewer active members of the Utah State Bar, where competition for the role is scarce.

Supporters argue that this bill could simplify the election process and ensure that districts are not left without legal representation due to a lack of candidates. However, critics raise concerns about the potential for voter apathy, as the streamlined process might discourage engagement in elections where choices are limited.

The bill also stipulates that if no qualified candidates emerge or if the sole candidate is not elected, the county legislative body will appoint a new district attorney for a four-year term. This provision aims to maintain continuity in legal representation, but it raises questions about the democratic process of electing officials.

As S.B. 54 moves through the legislative process, its implications for local governance and electoral engagement will be closely monitored. The outcome could reshape how district attorneys are elected in Utah, potentially setting a precedent for other states facing similar challenges in candidate availability.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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