HB 262

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1Judicial Election Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Jason B. Kyle
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses judicial retention elections.
6   Highlighted Provisions:
7This bill:
8▸ modifies the number of votes required for a justice or judge to be retained in a judicial
9   retention election.
10   Money Appropriated in this Bill:
11None
12   Other Special Clauses:
13None
14   Utah Code Sections Affected:
15   AMENDS:
1620A-12-201, as last amended by Laws of Utah 2025, Chapter 39
17
18   Be it enacted by the Legislature of the state of Utah:
19Section 1. Section 20A-12-201 is amended to read:
2020A-12-201 . Judicial appointees -- Retention elections.
21   (1)(a) Each judicial appointee to a court is subject to an unopposed retention election at
22the first general election held more than three years after the judge or justice was
23appointed.
  H.B. 262
24(b) After the first retention election:
25(i) each Supreme Court justice shall be on the regular general election ballot for an
26unopposed retention election every tenth year; and
27(ii) each judge of other courts shall be on the regular general election ballot for an
28unopposed retention election every sixth year.
29   (2)(a) Each justice or judge of a court of record who wishes to retain office shall, in the
30year the justice or judge is subject to a retention election:
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31(i) file a declaration of candidacy with the lieutenant governor, or with the county
32clerk in the candidate's county of residence, within the period beginning on July 1
33and ending at 5 p.m. on July 15 in the year of a regular general election; and
34(ii) pay a filing fee of $50.
35      (b)(i) Each justice court judge who wishes to retain office shall, in the year the justice
36court judge is subject to a retention election:
37(A) file a declaration of candidacy with the lieutenant governor, or with the county
38clerk in the candidate's county of residence, within the period beginning on
39July 1 and ending at 5 p.m. on July 15 in the year of a regular general election;
40and
41(B) pay a filing fee of $25 for each judicial office.
42(ii) If a justice court judge is appointed or elected to more than one judicial office, the
43declaration of candidacy shall identify all of the courts included in the same
44general election.
45(iii) If a justice court judge is appointed or elected to more than one judicial office,
46filing a declaration of candidacy in one county in which one of those courts is
47located is valid for the courts in any other county.
48  (3)(a) The lieutenant governor shall, no later than August 31 of each regular general
49      election year:
50(i) transmit a certified list containing the names of the justices of the Supreme Court,
51judges of the Court of Appeals, and judges of the Business and Chancery Court
52declaring their candidacy to the county clerk of each county; and
53(ii) transmit a certified list containing the names of judges of other courts declaring
54their candidacy to the county clerk of each county in the geographic division in
55which the judge filing the declaration holds office.
56      (b) Each county clerk shall place the names of justices and judges standing for retention
57election:
58(i) in the nonpartisan section of the ballot; and
59(ii) in accordance with Section 20A-6-109.
60  (4)(a) At the general election, the ballots shall contain:
61  (i) at the beginning of the judicial retention section of the ballot, the following statement:
62"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's
63      recommendations for each judge"; and
64  (ii) as to each justice or judge of any court to be voted on in the county, the following question:
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65"Shall ______________________________(name of justice or judge) be retained in the
66office of ___________________________? (name of office, such as "Justice of the Supreme
67Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
68Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
69Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
70County or (name of municipality)")
71Yes ()
72No ()."
73(b) If a justice court exists by means of an interlocal agreement under Section 78A-7-102,
74the ballot question for the judge shall include the name of that court.
75   (5)(a) If [the justice or judge receives more yes votes than no votes] at least 67% of the
76votes cast are "yes" votes, the justice or judge is retained for the term of office
77provided by law.
78(b) If [the justice or judge does not receive more yes votes than no votes] fewer than 67%
79of the votes cast are "yes" votes, the justice or judge is not retained, and a vacancy
80exists in the office on the first Monday in January after the regular general election.
81   (6) A justice or judge not retained is ineligible for appointment to the office for which the
82justice or judge was defeated until after the expiration of that term of office.
83   (7)(a) If a justice court judge is standing for retention for one or more judicial offices in
84a county in which the judge is a county justice court judge or a municipal justice
85court judge in a town or municipality of the fourth or fifth class, as described in
86Section 10-2-301, or any combination thereof, the election officer shall place the
87judge's name on the county ballot only once for all judicial offices for which the
88judge seeks to be retained.
89(b) If a justice court judge is standing for retention for one or more judicial offices in a
90municipality of the first, second, or third class, as described in Section 10-2-301, the
91election officer shall place the judge's name only on the municipal ballot for the
92voters of the municipality that the judge serves.
93Section 2. Effective Date.
94   This bill takes effect on May 6, 2026.
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