Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 133 (2017GS)

Sponsor

Rep. Moss, C.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a candidate for vice president of the United States to file a declaration of candidacy and meet other related requirements;
• creates requirements for a declaration of candidacy for vice president of the United States; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CANDIDATE FILING REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
 Luz Escamilla
LONG TITLE
General Description:
This bill requires a candidate for vice president of the United States to file a declaration
of candidacy and meet other related requirements.
Highlighted Provisions:
This bill:
▸ requires a candidate for vice president of the United States to file a declaration of
candidacy and meet other related requirements;
▸ creates requirements for a declaration of candidacy for vice president of the United
States; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-9-201
, as last amended by Laws of Utah 2016, Chapter 28
20A-9-202
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-504
, as enacted by Laws of Utah 1996, Chapter 258
20A-9-601
, as last amended by Laws of Utah 2014, Chapter 169
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-9-201
 is amended to read:
20A-9-201.
Declarations of candidacy -- Candidacy for more than one office or of
more than one political party prohibited with exceptions -- General filing and form
requirements -- Affidavit of impecuniosity.
(1) Before filing a declaration of candidacy for election to any office, a person shall:
(a) be a United States citizen;
(b) meet the legal requirements of that office; and
(c) if seeking a registered political party's nomination as a candidate for elective office,
state:
(i) the registered political party of which the person is a member; or
(ii) that the person is not a member of a registered political party.
(2) (a) Except as provided in Subsection (2)(b), an individual may not:
(i) file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year;
(ii) appear on the ballot as the candidate of more than one political party; or
(iii) file a declaration of candidacy for a registered political party of which the
individual is not a member, except to the extent that the registered political party permits
otherwise in the registered political party's bylaws.
(b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
or vice president of the United States and another office, if the person resigns the person's
candidacy for the other office after the person is officially nominated for president or vice
president of the United States.
(ii) A person may file a declaration of candidacy for, or be a candidate for, more than
one justice court judge office.
(iii) A person may file a declaration of candidacy for lieutenant governor even if the
person filed a declaration of candidacy for another office in the same election year if the person
withdraws as a candidate for the other office in accordance with Subsection 
20A-9-202
(6)
before filing the declaration of candidacy for lieutenant governor.
(3) (a) (i) Except for [
presidential candidates
] 
a candidate for president or vice
president of the United States
, before the filing officer may accept any declaration of
candidacy, the filing officer shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether the candidate meets those requirements.
(ii) Before accepting a declaration of candidacy for the office of county attorney, the
county clerk shall ensure that the person filing that declaration of candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
(C) a registered voter in the county in which the person is seeking office; and
(D) a current resident of the county in which the person is seeking office and either has
been a resident of that county for at least one year or was appointed and is currently serving as
county attorney and became a resident of the county within 30 days after appointment to the
office.
(iii) Before accepting a declaration of candidacy for the office of district attorney, the
county clerk shall ensure that, as of the date of the election, the person filing that declaration of
candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
(C) a registered voter in the prosecution district in which the person is seeking office;
and
(D) a current resident of the prosecution district in which the person is seeking office
and either will have been a resident of that prosecution district for at least one year as of the
date of the election or was appointed and is currently serving as district attorney and became a
resident of the prosecution district within 30 days after receiving appointment to the office.
(iv) Before accepting a declaration of candidacy for the office of county sheriff, the
county clerk shall ensure that the person filing the declaration of candidacy:
(A) as of the date of filing:
(I) is a United States citizen;
(II) is a registered voter in the county in which the person seeks office;
(III) (Aa) has successfully met the standards and training requirements established for
law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
Certification Act; or
(Bb) has met the waiver requirements in Section 
53-6-206
; and
(IV) is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(B) as of the date of the election, shall have been a resident of the county in which the
person seeks office for at least one year.
(v) Before accepting a declaration of candidacy for the office of governor, lieutenant
governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
Education member, the filing officer shall ensure:
(A) that the person filing the declaration of candidacy also files the financial disclosure
required by Section 
20A-11-1603
; and
(B) if the filing officer is not the lieutenant governor, that the financial disclosure is
provided to the lieutenant governor according to the procedures and requirements of Section
20A-11-1603
.
(b) If the prospective candidate states that the qualification requirements for the office
are not met, the filing officer may not accept the prospective candidate's declaration of
candidacy.
(c) If the candidate meets the requirements of Subsection (3)(a) and states that the
requirements of candidacy are met, the filing officer shall:
(i) inform the candidate that:
(A) the candidate's name will appear on the ballot as the candidate's name is written on
the declaration of candidacy;
(B) the candidate may be required to comply with state or local campaign finance
disclosure laws; and
(C) the candidate is required to file a financial statement before the candidate's political
convention under:
(I) Section 
20A-11-204
 for a candidate for constitutional office;
(II) Section 
20A-11-303
 for a candidate for the Legislature; or
(III) local campaign finance disclosure laws, if applicable;
(ii) except for a presidential candidate, provide the candidate with a copy of the current
campaign financial disclosure laws for the office the candidate is seeking and inform the
candidate that failure to comply will result in disqualification as a candidate and removal of the
candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the candidate of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer;
(v) accept the candidate's declaration of candidacy; and
(vi) if the candidate has filed for a partisan office, provide a certified copy of the
declaration of candidacy to the chair of the county or state political party of which the
candidate is a member.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
(4) (a) Except for [
presidential candidates
] 
a candidate for president or vice president
of the United States
, the form of the declaration of candidacy shall:
(i) be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
hold the office, both legally and constitutionally, if selected; I reside at _____________
in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
knowingly violate any law governing campaigns and elections; I will file all campaign
financial disclosure reports as required by law; and I understand that failure to do so will result
in my disqualification as a candidate for this office and removal of my name from the ballot. 
The mailing address that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath)."; and
(ii) require the candidate to state, in the sworn statement described in Subsection
(4)(a)(i):
(A) the registered political party of which the candidate is a member; or
(B) that the candidate is not a member of a registered political party.
(b) An agent designated to file a declaration of candidacy under Section 
20A-9-202
may not sign the form described in Subsection (4)(a).
(5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
is:
(i) $50 for candidates for the local school district board; and
(ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b) Except for presidential candidates, the filing officer shall refund the filing fee to
any candidate:
(i) who is disqualified; or
(ii) who the filing officer determines has filed improperly.
(c) (i) The county clerk shall immediately pay to the county treasurer all fees received
from candidates.
(ii) The lieutenant governor shall:
(A) apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
(B) ensure that each county receives that proportion of the total amount paid to the
lieutenant governor from the congressional district that the total vote of that county for all
candidates for representative in Congress bears to the total vote of all counties within the
congressional district for all candidates for representative in Congress.
(d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
a financial statement filed at the time the affidavit is submitted.
(ii) A person who is able to pay the filing fee may not claim impecuniosity.
(iii) (A) False statements made on an affidavit of impecuniosity or a financial
statement filed under this section shall be subject to the criminal penalties provided under
Sections 
76-8-503
 and 
76-8-504
 and any other applicable criminal provision.
(B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
considered an offense under this title for the purposes of assessing the penalties provided in
Subsection 
20A-1-609
(2).
(iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
substantially the following form:
"Affidavit of Impecuniosity
Individual Name
____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
law.
Date ______________ Signature________________________________________________
Affiant
Subscribed and sworn to before me on ___________ (month\day\year)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath 
______________________"
(v) The filing officer shall provide to a person who requests an affidavit of
impecuniosity a statement printed in substantially the following form, which may be included
on the affidavit of impecuniosity:
"Filing a false statement is a criminal offense. In accordance with Section 
20A-1-609
, a
candidate who is found guilty of filing a false statement, in addition to being subject to criminal
penalties, will be removed from the ballot."
(vi) The filing officer may request that a person who makes a claim of impecuniosity
under this Subsection (5)(d) file a financial statement on a form prepared by the election
official.
(6) (a) If there is no legislative appropriation for the Western States Presidential
Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
president of the United States who is affiliated with a registered political party and chooses to
participate in the regular primary election shall:
(i) file a declaration of candidacy, in person or via a designated agent, with the
lieutenant governor:
(A) on a form developed and provided by the lieutenant governor; and
(B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
March before the next regular primary election;
(ii) identify the registered political party whose nomination the candidate is seeking;
(iii) provide a letter from the registered political party certifying that the candidate may
participate as a candidate for that party in that party's presidential primary election; and
(iv) pay the filing fee of $500.
(b) An agent designated to file a declaration of candidacy may not sign the form
described in Subsection (6)(a)(i)(A).
(7) Any person who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
(8) A declaration of candidacy filed under this section may not be amended or
modified after the final date established for filing a declaration of candidacy.
Section 2. Section 
20A-9-202
 is amended to read:
20A-9-202.
Declarations of candidacy for regular general elections.
(1) (a) Each person seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the filing officer on or after January 1
of the regular general election year, and, if applicable, before the candidate circulates
nomination petitions under Section 
20A-9-405
; and
(ii) pay the filing fee.
(b) Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
candidacy to the lieutenant governor within one working day after it is filed.
(c) Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of candidates who have filed in their office.
(d) Each person seeking the office of lieutenant governor, the office of district attorney,
or the office of president or vice president of the United States shall comply with the specific
declaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general election
shall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district on or after January 1 of the regular general election year, and
before the candidate circulates nomination petitions under Section 
20A-9-405
; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the office of
district attorney.
(3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor;
(ii) pay the filing fee; and
(iii) submit a letter from a candidate for governor who has received certification for the
primary-election ballot under Section 
20A-9-403
 that names the lieutenant governor candidate
as a joint-ticket running mate.
(b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
lieutenant governor is disqualified, another candidate shall file to replace the disqualified
candidate.
(4) [
Each
] 
On or before August 31, each
 registered political party shall:
(a) certify the names of its candidates for president and vice president of the United
States to the lieutenant governor [
no later than August 31
]; or
(b) provide written authorization for the lieutenant governor to accept the certification
of candidates for president and vice president of the United States from the national office of
the registered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor within five days after the last day for
filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by amending the declaration or petition within three days after the objection is
sustained or by filing a new declaration within three days after the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of its discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate by
filing a written affidavit with the clerk.
(7) Except as provided in Subsection 
20A-9-201
(4)(b), notwithstanding a requirement
in this section to file a declaration of candidacy in person, a person may designate an agent to
file the form described in Subsection 
20A-9-201
(4) in person with the filing officer if:
(a) the person is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the person is a member of:
(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States who is on active duty;
(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric Administration of the United
States; or
(C) the National Guard on activated status;
(b) the person communicates with the filing officer using an electronic device that
allows the person and filing officer to see and hear each other; and
(c) the person provides the filing officer with an email address to which the filing
officer may send the copies described in Subsection 
20A-9-201
(3).
(8) (a) Except as provided in Section 
20A-9-504
, on or before August 31 of a general
election year, each individual running as a candidate for vice president of the United States
shall:
(i) file a declaration of candidacy, in person or via designated agent, on a form
developed by the lieutenant governor, that:
(A) contains the individual's name, address, and telephone number;
(B) states that the individual meets the qualifications for the office of vice president of
the United States;
(C) names the presidential candidate, who has qualified for the general election ballot,
with which the individual is running as a joint-ticket running mate;
(D) states that the individual agrees to be the running mate of the presidential candidate
described in Subsection (8)(a)(i)(C); and
(E) contains any other necessary information identified by the lieutenant governor;
(ii) pay the filing fee, if applicable; and
(iii) submit a letter from the presidential candidate described in Subsection (8)(a)(i)(C)
that names the individual as a joint-ticket running mate as a vice presidential candidate.
(b) A designated agent described in Subsection (8)(a)(i) may not sign the declaration of
candidacy.
(c) A vice presidential candidate who fails to meet the requirements described in this
Subsection (8) may not appear on the general election ballot.
Section 3. Section 
20A-9-504
 is amended to read:
20A-9-504.
 Unaffiliated candidates -- Governor and president of the United
States.
(1) 
(a)
 Each unaffiliated candidate for governor shall, before July 1 of the regular
general election year, select a running mate to file as an unaffiliated candidate for the office of
lieutenant governor.
[
(2)
] 
(b)
 The unaffiliated lieutenant governor candidate shall, by July 1 of the regular
general election year, file as an unaffiliated candidate by following the procedures and
requirements of this part.
(2) (a) Each unaffiliated candidate for president of the United States shall, before 5
p.m. on August 15 of a regular general election year, select a running mate to file as an
unaffiliated candidate for the office of vice president of the United States.
(b) Before 5 p.m. on August 15 of a regular general election year, the unaffiliated
candidate for vice president of the United States described in Subsection (2)(a) shall comply
with the requirements of Subsection 
20A-9-202
(8).
Section 4. Section 
20A-9-601
 is amended to read:
20A-9-601.
Qualifying as a write-in candidate.
(1) (a) Each person wishing to become a valid write-in candidate shall file a declaration
of candidacy in person, or through a designated agent for a candidate for president or vice
president of the United States, with the appropriate filing officer not later than 60 days before
the regular general election or a municipal general election in which the person intends to be a
write-in candidate.
(b) (i) The form of the declaration of candidacy for all offices, except president 
or vice
president
 of the United States, is substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of
____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
qualifications to hold the office, both legally and constitutionally, if selected; I reside at
_____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
not knowingly violate any law governing campaigns and elections; I will file all campaign
financial disclosure reports as required by law; and I understand that failure to do so will result
in my disqualification as a candidate for this office and removal of my name from the ballot. 
The mailing address that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath)."
(ii) The form of the declaration of candidacy for president of the United States is
substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of the
president of the United States. I do solemnly swear that: I will meet the qualifications to hold
the office, both legally and constitutionally, if selected; I reside at _____________ in the City
or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections. The mailing address that I designate for receiving
official election notices is ___________________________. I designate _______________ as
my vice presidential candidate.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath.)"
(iii) A declaration of candidacy for a write-in candidate for vice president of the United
States shall be in substantially the same form as a declaration of candidacy described in
Subsection 
20A-9-202
(8).
[
(iii)
] 
(iv)
 An agent designated to file a declaration of candidacy under Subsection (2)
may not sign the form described in Subsection (1)(b)(i) or (ii).
(c) (i) The filing officer shall:
(A) read to the candidate the constitutional and statutory requirements for the office;
and
(B) ask the candidate whether or not the candidate meets the requirements.
(ii) If the candidate cannot meet the requirements of office, the filing officer may not
accept the write-in candidate's declaration of candidacy.
(2) Notwithstanding the requirement in Subsection (1) to file a declaration of
candidacy in person, a person may designate an agent to file the declaration of candidacy in
person with the filing officer if:
(a) the person is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the person is a member of:
(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States who is on active duty;
(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric Administration of the United
States; or
(C) the National Guard on activated status; and
(b) the person communicates with the filing officer using an electronic device that
allows the person and filing officer to see and hear each other.
(3) By November 1 of each regular general election year, the lieutenant governor shall
certify to each county clerk the names of all write-in candidates who filed their declaration of
candidacy with the lieutenant governor.
Legislative Review Note
Office of Legislative Research and General Counsel