HB 391 Utah House · 2026 General Session

Vacancy Replacement Amendments

HB 391 changes how vacancies in elected offices are filled in Utah. It requires governors to appoint candidates from the previous officeholder's political party for U.S. Senate, state legislature, or State Board of Education seats, while county offices must be filled by county legislative bodies. Crucially, it prohibits local governments from appointing replacements for municipal, school board, or special district vacancies during the period between general elections and the start of a new term. The bill makes these procedural adjustments without altering eligibility rules or adding costs.

Bill status passed 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Feb 2026

Governor

Introduced Jan 27, 2026 Last action Mar 7, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

Substitute #2 → Substitute #3 · 4 edits

MODERATE

This bill modifies how vacancies in Utah elected offices are filled, shifting the primary method from immediate gubernatorial appointment to a special election process for US Senators and State Legislators. The changes ensure that when a vacancy occurs, the office is filled by an individual selected by the political party of the prior officeholder, rather than the governor choosing directly. Technical updates were also made to financial reporting timelines for candidates seeking these interim appointments.

Scope change

The bill expands the requirement for party selection in vacancy appointments to include US Senators and State Legislators, whereas previous versions focused on other state offices. It also clarifies the specific election dates and filing deadlines for these special elections.

REQUIREMENT

Changed the vacancy filling process for US Senators and State Legislators from immediate gubernatorial appointment to a special election where the candidate is selected by the prior officeholder's political party.

Updated financial reporting requirements for candidates seeking interim appointments to ensure timely disclosure of funds before the party selects a nominee.

TIMELINE

Established specific deadlines for holding special elections, requiring primary and general elections to be scheduled on dates tied to regular municipal, presidential, or regular state elections.

TECHNICAL

Corrected formatting errors and updated references to previous laws in the Utah Code sections affected by the bill.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill updates Utah's laws to ensure that when an elected official resigns or leaves office, their replacement is selected by the political party of the departing official rather than by the local legislative body. It introduces a new 'interim vacancy period' rule that prevents local governments from filling vacancies in municipal, school, or special district offices until after the next general election, ensuring the political party of the original officeholder retains control over the appointment. The changes also standardize financial reporting requirements for interim appointees and clarify procedures for filling vacancies in various offices, including state, county, and special districts.

Scope change

The bill expands the scope of vacancy replacement rules to explicitly include municipal offices, local school boards, and special district offices during the interim vacancy period, previously focusing primarily on state and county offices.

DEFINITION

Added the definition of 'interim vacancy period' as the time between a general election and the start of a newly elected official's term.

ELIGIBILITY

Changed the method for filling vacancies in state, county, municipal, and special district offices to require selection by the political party of the prior officeholder instead of direct appointment by the local legislative body.

REQUIREMENT

Prohibited local legislative bodies from appointing replacements for municipal, school, and special district vacancies until the interim vacancy period ends.

Updated financial reporting and conflict of interest disclosure requirements for individuals appointed to fill midterm vacancies.

TIMELINE

Established specific deadlines for filing candidacy and submitting replacement names for county and special district vacancies based on when the vacancy occurs relative to election cycles.

TECHNICAL

Corrected formatting errors, section numbering inconsistencies, and cross-references in the Utah Code sections.

Floor votes · House Feb 17, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 27, 2026

Upper · Passed

Senate/ committee report favorable [Senate Government Operations and Political Subdivisions Committee]

upper

Feb 27, 2026

Upper · Passed

Senate Comm - Favorable Recommendation [Senate Government Operations and Political Subdivisions Committee]

upper

Feb 24, 2026

Committee

Senate/ to standing committee [Senate Government Operations and Political Subdivisions Committee]

upper

Feb 18, 2026

Introduced

Senate/ 1st reading (Introduced)

upper

Feb 17, 2026

Upper · Passed

House/ passed 3rd reading

upper

Feb 9, 2026

Lower · Passed

House/ committee report favorable [House Government Operations Committee]

lower

Feb 7, 2026

Lower · Passed

House Comm - Favorable Recommendation [House Government Operations Committee]

lower

Jan 29, 2026

Committee

House/ to standing committee [House Government Operations Committee]

lower

Jan 27, 2026

Introduced

House/ 1st reading (Introduced)

lower

1 primary · 1 co-sponsor