16-804. Continued representation on basis of votes cast at last preceding general election or registered electors

A. A political organization that at the last preceding general election cast for governor or presidential electors or for county attorney or for mayor, whichever applies, not less than five per cent of the total votes cast for governor or presidential electors, in the state or in such county, city or town, is entitled to representation as a political party on the official ballot for state officers or for officers of such county or local subdivision.

B. In lieu of subsection A, a political organization is entitled to continued representation as a political party on the official ballot for state, county, city or town officers if, on October 1 of the year immediately preceding the year in which the general election for state or county officers and for city or town officers one hundred fifty-five days immediately preceding the primary election in such jurisdiction, such party has registered electors in the party equal to at least two-thirds of one percent of the total registered electors in such jurisdiction.

C. The secretary of state shall determine the political parties qualified for continued representation on the state ballot pursuant to this section by December 1 of the appropriate year. Each county recorder shall furnish to the secretary of state such information as the secretary of state may require no later than October 31 of the preceding year.

D. Each county recorder shall determine the political parties qualified for the county ballot pursuant to this section by December 1 of the appropriate year.

E. Each city or town clerk of a city or town providing for partisan elections shall determine the political parties qualified for such city or town ballot pursuant to this section one hundred forty days before the primary election.