Lawmaker behind candidate ballot name bill to propose changes after woman's filing issue

SALT LAKE CITY — Officials have a different interpretation of a new state law, which has left one Utah candidate unable to run for office with her preferred name.

Rachel Lewis Jepperson is running for South Jordan City Council. She said she was told she can't run using her married last name because it's not her legal name. She never changed it after she was married, but it's what she's known by both personally and professionally.

State Sen. Stephanie Pitcher, D-Salt Lake City, was the bill sponsor of SB54, which is now law. It created a new election code that cracks down on what nicknames can show up on our ballots. She told KSL-TV this may be the first time she's seen an issue with the intent of a law versus interpretation.

"That did surprise me because the intent of the bill was to allow for commonly used names," Pitcher said.

She said the point of the legislation was to preserve election integrity.

"Ensure that actual names are going on, and not nicknames or things that would otherwise sort of make a mockery of the system," Pitcher said.

The law prevents candidates from using a slogan, anything offensive or a title, among other rules.

"An example of that would be somebody putting like an MD after their last name, but they don't actually hold a medical degree," Pitcher said.

Pitcher explained it allows nicknames under certain guidelines. And the way she reads it, it could be nicknames for someone's first or last name. But that's not how others interpret it.

"I don't read the code as specifying between first or last name," she said. "It just says nicknames. And so, my belief in the intent was that it could apply to either scenario."

Related:

City council candidate can't use her preferred name to run due to new state law

A candidate for city council said she can't run for office using her preferred name because of a new election code.

Lewis Jepperson contacted Pitcher when she ran into an issue.

"She let me know that when she filed for office that the clerk that she had approached to let her know that she can't use a last name that she never legally changed, but it would otherwise be her married name," Pitcher said.

Lewis Jepperson said she's used her husband's last name for years without any problems.

The way Pitcher reads the election code differs from how other officials do, including the state elections office.

"Certainly when there is a discrepancy between what I'm reading and what a clerk is reading, or there's a discrepancy in interpretation, that probably means that we need to clarify it," she said.

Pitcher said she's already opened a bill file to make that change, which will likely happen during the next legislative session.

"This might be the first time that I've seen an actual issue with interpretation versus intent, but certainly anytime a big bill is passed, once it's actually passed and implemented, issues arise," she said. "And that's not uncommon at all. And so we are frequently coming back the following session to address issues that have been identified and improve on the policy."

Lewis Jepperson said she filed under her maiden name. She plans to proceed as Rachel Lewis for her candidacy.

"My conversation with the state elections office was more based on process," Pitcher said. "What they helped me understand is that the appropriate process for Rachel would be to approach her clerk first, if the clerk tells her no. Then she would need to go to court to request the statutory interpretation of that provision."

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