Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 113 (2018GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 2/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows an individual, under certain conditions, to file a declaration of candidacy via a designated agent for a state, federal, or local office; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CANDIDATE FILING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
 Deidre M. Henderson
LONG TITLE
General Description:
This bill allows an individual, under certain conditions, to file a declaration of
candidacy via a designated agent.
Highlighted Provisions:
This bill:
▸ allows an individual, under certain conditions, to file a declaration of candidacy via
a designated agent for a state, federal, or local office; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-2a-305.1
, as last amended by Laws of Utah 2017, Chapter 91
17B-1-306
, as last amended by Laws of Utah 2014, Chapters 362 and 377
17B-1-1001
, as last amended by Laws of Utah 2017, Chapters 112 and 418
17B-1-1003
, as enacted by Laws of Utah 2017, Chapter 418
20A-9-201
, as last amended by Laws of Utah 2017, Chapter 63
20A-9-202
, as last amended by Laws of Utah 2017, Chapter 63
20A-9-203
, as last amended by Laws of Utah 2017, Chapter 91
20A-9-407
, as last amended by Laws of Utah 2017, Chapter 91
20A-9-408
, as last amended by Laws of Utah 2017, Chapter 91
20A-9-502
, as last amended by Laws of Utah 2013, Chapters 253 and 317
20A-9-503
, as last amended by Laws of Utah 2013, Chapter 317
20A-9-504
, as last amended by Laws of Utah 2017, Chapter 63
20A-9-601
, as last amended by Laws of Utah 2017, Chapter 63
20A-11-1005
, as last amended by Laws of Utah 2013, Chapter 252
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2a-305.1
 is amended to read:
10-2a-305.1.
Notice of number of council members to be elected and of district
boundaries -- Declaration of candidacy for city office -- Occupation of office.
(1) (a) Within 20 days of the county legislative body's receipt of the information under
Subsection 
10-2a-305
(2)(b), the county clerk shall publish, in accordance with Subsection
(1)(b), notice containing:
(i) information about the deadline for filing a declaration of candidacy for those
seeking to become candidates for mayor or town council; and
(ii) information about the length of the initial term of each of the town officers, as
determined by the petition sponsors under Subsection 
10-2a-305
(2)(a).
(b) The notice under Subsection (1)(a) shall be published:
(i) in a newspaper of general circulation within the future town at least once a week for
two successive weeks; and
(ii) in accordance with Section 
45-1-101
 for two weeks.
(c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
circulation within the future city, the county clerk shall post at least one notice per 1,000
population in conspicuous places within the future town that are most likely to give notice to
the residents of the future town.
(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
Subsection (1)(a).
(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
seven days before the deadline for filing a declaration of candidacy under Subsection (2).
(2) Notwithstanding Subsection 
20A-9-203
(3)(a) 
and the provisions of Subsection
20A-9-203
(3)(b) that require a declaration of candidacy to be filed with the city recorder or
town clerk
, each individual seeking to become a candidate for mayor or town council of a town
incorporating under this part shall, within 45 days 
after the day
 of the incorporation election
under Section 
10-2a-304
, file a declaration of candidacy with the clerk of the county in which
the future town is located.
Section 2. Section 
17B-1-306
 is amended to read:
17B-1-306.
Local district board -- Election procedures.
(1) Except as provided in Subsection (11), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election or the regular general election, as
applicable; and
(ii) at polling places designated by the local district board in consultation with the
county clerk for each county in which the local district is located, which polling places shall
coincide with municipal general election or regular general election polling places, as
applicable, whenever feasible.
(b) The local district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one consolidated
polling place.
(c) (i) Subject to Subsections (4)[
(f)
]
(h)
 and [
(g)
] 
(i)
, the number of polling places
under Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
polling place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) (a) The clerk of each local district with a board member position to be filled at the
next municipal general election or regular general election, as applicable, shall provide notice
of:
(i) each elective position of the local district to be filled at the next municipal general
election or regular general election, as applicable;
(ii) the constitutional and statutory qualifications for each position; and
(iii) the dates and times for filing a declaration of candidacy.
(b) The notice required under Subsection (3)(a) shall be:
(i) posted in at least five public places within the local district at least 10 days before
the first day for filing a declaration of candidacy; or
(ii) (A) published in a newspaper of general circulation within the local district at least
three but no more than 10 days before the first day for filing a declaration of candidacy; and
(B) published, in accordance with Section 
45-1-101
, for 10 days before the first day for
filing a declaration of candidacy.
(4) (a) [
To
] 
Except as provided in Subsection (4)(c), to
 become a candidate for an
elective local district board position, [
the prospective candidate
] 
an individual
 shall file a
declaration of candidacy in person with 
an official designated by
 the local district, during office
hours, within the candidate filing period for the applicable election year in which the election
for the local district board is held.
(b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
filing time shall be extended until the close of normal office hours on the following regular
business day.
(c) Subject to Subsection (4)(f), an individual may designate an agent to file a
declaration of candidacy with the official designated by the local district if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the official designated by the local
district; and
(iii) the individual communicates with the official designated by the local district using
an electronic device that allows the individual and official to see and hear each other.
[
(c)
] 
(d)
 (i) Before the filing officer may accept any declaration of candidacy 
from an
individual
, the filing officer shall:
(A) read to the [
prospective candidate
] 
individual
 the constitutional and statutory
qualification requirements for the office that the [
candidate
] 
individual
 is seeking; and
(B) require the [
candidate
] 
individual
 to state whether [
or not
] the [
candidate
]
individual
 meets those requirements.
(ii) If the [
prospective candidate
] 
individual
 does not meet the qualification
requirements for the office, the filing officer may not accept the 
individual's
 declaration of
candidacy.
(iii) If it appears that the [
prospective candidate
] 
individual
 meets the requirements of
candidacy, the filing officer shall accept the 
individual's
 declaration of candidacy.
[
(d)
] 
(e)
 The declaration of candidacy shall 
be in
 substantially [
comply with
] the
following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election[
,
] 
; and that,
if filing via a designated agent, I will be out of the state of Utah during the entire candidate
filing period,
 and I hereby request that my name be printed upon the official ballot for that
election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(f) An agent designated under Subsection (4)(c) may not sign the form described in
Subsection (4)(e).
[
(e)
] 
(g)
 Each [
person
] 
individual
 wishing to become a valid write-in candidate for an
elective local district board position is governed by Section 
20A-9-601
.
[
(f)
] 
(h)
 If at least one [
person
] 
individual
 does not file a declaration of candidacy as
required by this section, [
a person
] 
an individual
 shall be appointed to fill that board position
[
by following the procedures and requirements for appointment established
] in 
accordance with
the appointment provisions of
 Section 
20A-1-512
.
[
(g)
] 
(i)
 If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 
20A-9-601
, the board, in accordance with Section
20A-1-206
, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(5) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii) according to the procedures for primary elections provided under Title 20A,
Election Code.
(6) (a) Except as provided in Subsection (6)(c), within one business day after the
deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
names to the clerk of each county in which the local district is located.
(b) (i) Except as provided in Subsection (6)(c) and in accordance with Section
20A-6-305
, the clerk of each county in which the local district is located and the local district
clerk shall coordinate the placement of the name of each candidate for local district office in
the nonpartisan section of the ballot with the appropriate election officer.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible, the local
district board of trustees, in consultation with the county clerk, shall provide for a separate
local district election ballot to be administered by poll workers at polling locations designated
under Subsection (2).
(c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
prescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a
nonpartisan format.
(C) The name of each candidate shall be placed on the ballot in the order specified
under Section 
20A-6-305
.
(7) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(8) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(9) (a) Except as provided in Subsection 
17B-1-303
(8), a person elected to serve on a
local district board shall serve a four-year term, beginning at noon on the January 1 after the
person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
the county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear its own costs of each election it holds under this
section.
(11) This section does not apply to an improvement district that provides electric or gas
service.
(12) Except as provided in Subsection 
20A-3-605
(1)(b), the provisions of Title 20A,
Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
(13) (a) As used in this Subsection (13), "board" means:
(i) a local district board; or
(ii) the administrative control board of a special service district that has elected
members on the board.
(b) A board may hold elections for membership on the board at a regular general
election instead of a municipal general election if the board submits an application to the
lieutenant governor that:
(i) requests permission to hold elections for membership on the board at a regular
general election instead of a municipal general election; and
(ii) indicates that holding elections at the time of the regular general election is
beneficial, based on potential cost savings, a potential increase in voter turnout, or another
material reason.
(c) Upon receipt of an application described in Subsection (13)(b), the lieutenant
governor may approve the application if the lieutenant governor concludes that holding the
elections at the regular general election is beneficial based on the criteria described in
Subsection (13)(b)(ii).
(d) If the lieutenant governor approves a board's application described in this section:
(i) all future elections for membership on the board shall be held at the time of the
regular general election; and
(ii) the board may not hold elections at the time of a municipal general election unless
the board receives permission from the lieutenant governor to hold all future elections for
membership on the board at a municipal general election instead of a regular general election,
under the same procedure, and by applying the same criteria, described in this Subsection (13).
Section 3. Section 
17B-1-1001
 is amended to read:
17B-1-1001.
Provisions applicable to property tax levy.
(1) Each local district that levies and collects property taxes shall levy and collect them
according to the provisions of Title 59, Chapter 2, Property Tax Act.
(2) As used in this section:
(a) "Appointed board of trustees" means a board of trustees of a local district that
includes a member who is appointed to the board of trustees in accordance with Section
17B-1-304
, Subsection 
17B-1-303
(5), Subsection 
17B-1-306
(4)[
(f)
]
(h)
, or any of the
applicable provisions in Title 17B, Chapter 2a, Provisions Applicable to Different Types of
Local Districts.
(b) "Elected board of trustees" means a board of trustees of a local district that consists
entirely of members who are elected to the board of trustees in accordance with Subsection (4),
Section 
17B-1-306
, or any of the applicable provisions in Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Local Districts.
(3) (a) For a taxable year beginning on or after January 1, 2018, a local district may not
levy or collect property tax revenue that exceeds the certified tax rate unless: (i) to the
extent that the revenue from the property tax was pledged before January 1, 2018, the local
district pledges the property tax revenue to pay for bonds or other obligations of the local
district; or
(ii) the proposed tax or increase in the property tax rate has been approved by:
(A) an elected board of trustees;
(B) subject to Subsection (3)(b), an appointed board of trustees;
(C) a majority of the registered voters within the local district who vote in an election
held for that purpose on a date specified in Section 
20A-1-204
;
(D) the legislative body of the appointing authority; or
(E) the legislative body of:
(I) a majority of the municipalities partially or completely included within the
boundary of the specified local district; or
(II) the county in which the specified local district is located, if the county has some or
all of its unincorporated area included within the boundary of the specified local district.
(b) For a local district with an appointed board of trustees, each appointed member of
the board of trustees shall comply with the trustee reporting requirements described in Section
17B-1-1003
 before the local district may impose a property tax levy that exceeds the certified
tax rate.
(4) (a) Notwithstanding provisions to the contrary in Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Local Districts, and subject to Subsection (4)(b), members of
the board of trustees of a local district shall be elected, if:
(i) two-thirds of all members of the board of trustees of the local district vote in favor
of changing to an elected board of trustees; and
(ii) the legislative body of each municipality or county that appoints a member to the
board of trustees adopts a resolution approving the change to an elected board of trustees.
(b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
the term of any member of the board of trustees serving at the time of the change.
(5) Subsections (2), (3), and (4) do not apply to:
(a) Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
(b) Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; or
(c) a local district in which:
(i) the board of trustees consists solely of:
(A) land owners or the land owners' agents; or
(B) as described in Subsection 
17B-1-302
(3), land owners or the land owners' agents or
officers; and
(ii) there are no residents within the local district at the time a property tax is levied.
Section 4. Section 
17B-1-1003
 is amended to read:
17B-1-1003.
Trustee reporting requirement.
(1) As used in this section:
(a) "Appointed board of trustees" means a board of trustees of a local district that
includes a member who is appointed to the board of trustees in accordance with Section
17B-1-304
, Subsection 
17B-1-303
(5), Subsection 
17B-1-306
(4)[
(f)
]
(h)
, or any of the
applicable provisions in Title 17B, Chapter 2a, Provisions Applicable to Different Types of
Local Districts.
(b) "Legislative entity" means:
(i) the member's appointing authority, if the appointing authority is a legislative body;
or
(ii) the member's nominating entity, if the appointing authority is not a legislative body.
(c) (i) "Member" means an individual who is appointed to a board of trustees for a
local district in accordance with Section 
17B-1-304
, Subsection 
17B-1-303
(5), Subsection
17B-1-306
(4)[
(f)
]
(h)
, or any of the applicable provisions in Title 17B, Chapter 2a, Provisions
Applicable to Different Types of Local Districts.
(ii) "Member" includes a member of the board of trustees who holds an elected
position with a municipality, county, or another local district that is partially or completely
included within the boundaries of the local district.
(d) "Nominating entity" means the legislative body that submits nominees for
appointment to the board of trustees to an appointing authority.
(e) "Property tax increase" means a property tax levy that exceeds the certified tax rate
for the taxable year.
(2) (a) If a local district board of trustees adopts a tentative budget that includes a
property tax increase, each member shall report to the member's legislative entity on the
property tax increase.
(b) (i) The local district shall request that each of the legislative entities that appoint or
nominate a member to the local district's board of trustees hear the report required by
Subsection (2)(a) at a public meeting of each legislative entity.
(ii) The request to make a report may be made by:
(A) the member appointed or nominated by the legislative entity; or
(B) another member of the board of trustees.
(c) The member appointed or nominated by the legislative entity shall make the report
required by Subsection (2)(a) at a public meeting that:
(i) complies with Title 52, Chapter 4, Open and Public Meetings Act;
(ii) includes the report as a separate agenda item; and
(iii) is held within 40 days after the day on which the legislative entity receives a
request to hear the report.
(d) (i) If the legislative entity does not have a scheduled meeting within 40 days after
the day on which the legislative entity receives a request to hear the report required by
Subsection (2)(a), the legislative entity shall schedule a meeting for that purpose.
(ii) If the legislative entity fails to hear the report at a public meeting that meets the
criteria described in Subsection (2)(c), the trustee reporting requirements under this section
shall be considered satisfied.
(3) (a) A report on a property tax increase at a legislative entity's public meeting shall
include:
(i) a statement that the local district intends to levy a property tax at a rate that exceeds
the certified tax rate for the taxable year;
(ii) the dollar amount of and purpose for additional ad valorem tax revenue that would
be generated by the proposed increase in the certified tax rate;
(iii) the approximate percentage increase in ad valorem tax revenue for the local
district based on the proposed property tax increase; and
(iv) any other information requested by the legislative entity.
(b) The legislative entity shall allow time during the meeting for comment from the
legislative entity and members of the public on the property tax increase.
(4) (a) If more than one member is appointed to the board of trustees by the same
legislative entity, a majority of the members appointed or nominated by the legislative entity
shall be present to provide the report required by Subsection (2) and described in Subsection
(3).
(b) The chair of the board of trustees shall appoint another member of the board of
trustees to provide the report described in Subsection (3) to the legislative entity if:
(i) the member appointed or nominated by the legislative entity is unable or unwilling
to provide the report at a public meeting that meets the requirements of Subsection (3)(a); and
(ii) the absence of the member appointed or nominated by the legislative entity results
in:
(A) no member who was appointed or nominated by the legislative entity being present
to provide the report; or
(B) an inability to comply with Subsection (4)(a).
(5) A local district board of trustees may approve a property tax increase only after the
conditions of this section have been satisfied or considered satisfied for each member of the
board of trustees.
Section 5. 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
] 
an
individual
 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
] 
individual
 is a member; or
(ii) that the [
person
] 
individual
 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
] 
An individual
 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
]
individual
 resigns the [
person's
] 
individual's
 candidacy for the other office after the [
person
]
individual
 is officially nominated for president or vice president of the United States.
(ii) [
A person
] 
An individual
 may file a declaration of candidacy for, or be a candidate
for, more than one justice court judge office.
(iii) [
A person
] 
An individual
 may file a declaration of candidacy for lieutenant
governor even if the [
person
] 
individual
 filed a declaration of candidacy for another office in
the same election year if the [
person
] 
individual
 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 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)
] 
(i)
 read to the [
prospective candidate
] 
individual
 the constitutional and statutory
qualification requirements for the office that the [
candidate
] 
individual
 is seeking; and
[
(B)
] 
(ii)
 require the [
candidate
] 
individual
 to state whether the [
candidate
] 
individual
meets those requirements.
[
(ii)
] 
(b)
 Before accepting a declaration of candidacy for the office of county attorney,
the county clerk shall ensure that the [
person
] 
individual
 filing that declaration of candidacy is:
[
(A)
] 
(i)
 a United States citizen;
[
(B)
] 
(ii)
 an attorney licensed to practice law in [
Utah
] 
the state
 who is an active
member in good standing of the Utah State Bar;
[
(C)
] 
(iii)
 a registered voter in the county in which the [
person
] 
individual
 is seeking
office; and
[
(D)
] 
(iv)
 a current resident of the county in which the [
person
] 
individual
 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)
] 
(c)
 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
] 
individual
 filing
that declaration of candidacy is:
[
(A)
] 
(i)
 a United States citizen;
[
(B)
] 
(ii)
 an attorney licensed to practice law in [
Utah
] 
the state
 who is an active
member in good standing of the Utah State Bar;
[
(C)
] 
(iii)
 a registered voter in the prosecution district in which the [
person
] 
individual
is seeking office; and
[
(D)
] 
(iv)
 a current resident of the prosecution district in which the [
person
] 
individual
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)
] 
(d)
 Before accepting a declaration of candidacy for the office of county sheriff,
the county clerk shall ensure that the [
person
] 
individual
 filing the declaration [
of candidacy
]:
[
(A) as of the date of filing:
]
[
(I)
] 
(i)
 is a United States citizen;
[
(II)
] 
(ii)
 is a registered voter in the county in which the [
person
] 
individual
 seeks
office;
[
(III) (Aa)
] 
(iii) (A)
 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)
] 
(B)
 has met the waiver requirements in Section 
53-6-206
; [
and
]
[
(IV)
] 
(iv)
 is qualified to be certified as a law enforcement officer, as defined in
Section 
53-13-103
; and
[
(B)
] 
(v)
 as of the date of the election, [
shall
] 
will
 have been a resident of the county in
which the [
person
] 
individual
 seeks office for at least one year.
[
(v)
] 
(e)
 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)
] 
(i)
 that the [
person
] 
individual
 filing the declaration of candidacy also files the
financial disclosure required by Section 
20A-11-1603
; and
[
(B)
] 
(ii)
 if the filing officer is not the lieutenant governor, that the 
individual provides
the
 financial disclosure [
is provided
] to the lieutenant governor [
according to the procedures
and requirements of
] 
in accordance with
 Section 
20A-11-1603
.
[
(b) If the prospective candidate states that
]
(4) If an individual who files a declaration of candidacy does not meet
 the qualification
requirements for the office [
are not met
] 
the individual is seeking
, the filing officer may not
accept the [
prospective candidate's
] 
individual's
 declaration of candidacy.
[
(c) If the candidate
]
(5) If an individual who files a declaration of candidacy
 meets the requirements [
of
Subsection (3)(a) and states that the requirements of candidacy are met
] 
described in
Subsection (3)
, the filing officer shall:
[
(i)
] 
(a)
 inform the [
candidate
] 
individual
 that:
[
(A)
] 
(i)
 the [
candidate's
] 
individual's
 name will appear on the ballot as the
[
candidate's
] 
individual's
 name is written on the 
individual's
 declaration of candidacy;
[
(B)
] 
(ii)
 the [
candidate
] 
individual
 may be required to comply with state or local
campaign finance disclosure laws; and
[
(C)
] 
(iii)
 the [
candidate
] 
individual
 is required to file a financial statement before the
[
candidate's
] 
individual's
 political convention under:
[
(I)
] 
(A)
 Section 
20A-11-204
 for a candidate for constitutional office;
[
(II)
] 
(B)
 Section 
20A-11-303
 for a candidate for the Legislature; or
[
(III)
] 
(C)
 local campaign finance disclosure laws, if applicable;
[
(ii)
] 
(b)
 except for a presidential candidate, provide the [
candidate
] 
individual
 with a
copy of the current campaign financial disclosure laws for the office the [
candidate
] 
individual
is seeking and inform the [
candidate
] 
individual
 that failure to comply will result in
disqualification as a candidate and removal of the [
candidate's
] 
individual's
 name from the
ballot;
[
(iii)
] 
(c)
 provide the [
candidate
] 
individual
 with a copy of Section 
20A-7-801
regarding the Statewide Electronic Voter Information Website Program and inform the
[
candidate
] 
individual
 of the submission deadline under Subsection 
20A-7-801
(4)(a);
[
(iv)
] 
(d)
 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)
] 
(i)
 signing the pledge is voluntary; and
[
(B)
] 
(ii)
 signed pledges shall be filed with the filing officer;
[
(v)
] 
(e)
 accept the [
candidate's
] 
individual's
 declaration of candidacy; and
[
(vi)
] 
(f)
 if the [
candidate
] 
individual
 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
] 
individual
 is a member.
[
(d)
] 
(6)
 If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
[
(i)
] 
(a)
 accept the candidate's pledge; and
[
(ii)
] 
(b)
 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)
] 
(7)
 (a) Except for 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; 
if filing via a designated
agent, I will be out of the state of Utah during the entire candidate filing period;
 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)
]
(7)
(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 
under Subsection 
20A-9-202
(1)(b)
 to file a declaration of
candidacy [
under Section 
20A-9-202
] may not sign the form described in Subsection [
(4)(a)
]
(7)(a) or Section 
20A-9-408.5
.
[
(5)
] 
(8)
 (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)
] 
(8)
(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)
] 
(8)
(d) file a financial statement on a form prepared by the election
official.
[
(6)
] 
(9)
 (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
] 
A designated agent
described in Subsection (9)(a)(i)
 may not sign the form described in Subsection [
(6)
]
(9)
(a)(i)(A).
[
(7) Any person
]
(10) An individual
 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)
] 
(11)
 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 6. Section 
20A-9-202
 is amended to read:
20A-9-202.
Declarations of candidacy for regular general elections.
(1) (a) [
Each person
] 
An individual
 seeking to become a candidate for an elective
office that is to be filled at the next regular general election shall:
(i) 
except as provided in Subsection (1)(b),
 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
] 
individual
 circulates nomination petitions under Section
20A-9-405
; and
(ii) pay the filing fee.
(b) Subject to Subsection 
20A-9-201
(7)(b), an individual may designate an agent to file
a declaration of candidacy with the filing officer if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the filing officer;
(iii) the individual communicates with the filing officer using an electronic device that
allows the individual and filing officer to see and hear each other; and
(iv) the individual provides the filing officer with an email address to which the filing
officer may send the individual the copies described in Subsection 
20A-9-201
(5).
[
(b)
] 
(c)
 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
] 
business
 day after [
it is filed
] 
the
candidate files the declaration of candidacy
.
[
(c)
] 
(d)
 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
] 
a
declaration of candidacy with the county clerk
.
[
(d)
] 
(e)
 Each [
person
] 
individual
 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
] 
individual
 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
] 
individual
 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) 
(i)
 [
Any
] 
A
 candidate for lieutenant governor who fails to timely file is disqualified.
(ii)
 If a 
candidate for
 lieutenant governor is disqualified, another candidate [
shall
] 
may
file to replace the disqualified candidate.
(4) On or before August 31, each registered political party shall:
(a) certify the names of [
its
] 
the political party's
 candidates for president and vice
president of the United States to the lieutenant governor; 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)
] 
(7)
 (a) Except for a candidate who is certified by a registered political party under
Subsection (4), and 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 
a
 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)
] 
(7)
(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)
]
(7)
(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)
] 
(7)
(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)
] 
(7)
 may not appear on the general election ballot.
Section 7. Section 
20A-9-203
 is amended to read:
20A-9-203.
Declarations of candidacy -- Municipal general elections.
(1) An individual may become a candidate for any municipal office if:
(a) the individual is a registered voter; and
(b) (i) the individual has resided within the municipality in which the individual seeks
to hold elective office for the 12 consecutive months immediately before the date of the
election; or
(ii) the territory in which the individual resides was annexed into the municipality, the
individual has resided within the annexed territory or the municipality the 12 consecutive
months immediately before the date of the election.
(2) (a) For purposes of determining whether an individual meets the residency
requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
before the election, the municipality is considered to have been incorporated 12 months before
the date of the election.
(b) In addition to the requirements of Subsection (1), each candidate for a municipal
council position shall, if elected from a district, be a resident of the council district from which
the candidate is elected.
(c) In accordance with Utah Constitution, Article IV, Section 6, any mentally
incompetent person, any person convicted of a felony, or any person convicted of treason or a
crime against the elective franchise may not hold office in this state until the right to hold
elective office is restored under Section 
20A-2-101.3
 or 
20A-2-101.5
.
(3) (a) An individual seeking to become a candidate for a municipal office shall,
regardless of the nomination method by which the individual is seeking to become a candidate:
(i) 
except as provided in Subsection (3)(b),
 file a declaration of candidacy, in person
with the city recorder or town clerk, during the office hours described in Section 
10-3-301
 and
not later than the close of those office hours, between June 1 and June 7 of any odd-numbered
year; and
(ii) pay the filing fee, if one is required by municipal ordinance.
(b) Subject to Subsection (5)(b), an individual may designate an agent to file a
declaration of candidacy with the city recorder or town clerk if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the city recorder or town clerk;
(iii) the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and city recorder or town clerk to see and hear each
other; and
(iv) the individual provides the city recorder or town clerk with an email address to
which the city recorder or town clerk may send the individual the copies described in
Subsection (4).
[
(b)
] 
(c)
 Any resident of a municipality may nominate a candidate for a municipal
office by:
(i) filing a nomination petition with the city recorder or town clerk during the office
hours described in Section 
10-3-301
 and not later than the close of those office hours, between
June 1 and June 7 of any odd-numbered year; and
(ii) paying the filing fee, if one is required by municipal ordinance.
(4) (a) Before the filing officer may accept any declaration of candidacy or nomination
petition, the filing officer shall:
(i) read to the prospective candidate or individual filing the petition the constitutional
and statutory qualification requirements for the office that the candidate is seeking; and
(ii) require the candidate or individual filing the petition to state whether the candidate
meets those requirements.
(b) If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall:
(i) inform the candidate that the candidate's name will appear on the ballot as it is
written on the declaration of candidacy;
(ii) 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; and
(v) accept the declaration of candidacy or nomination petition.
(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.
[
(5) Notwithstanding the requirement in Subsection (3)(a)(i) to file a declaration of
candidacy in person, an individual may designate an agent to file the form described in
Subsection (6) in person with the city recorder or town clerk if:
]
[
(a) the individual is located outside the state during the filing period because:
]
[
(i) of employment with the state or the United States; or
]
[
(ii) the individual 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 individual makes the declaration of candidacy described in Subsection (6) to an
individual qualified to administer an oath;
]
[
(c) the individual communicates with the city recorder or town clerk using an
electronic device that allows the individual and the city recorder or town clerk to see and hear
each other; and
]
[
(d) the individual provides the city recorder or town clerk with an email address to
which the filing officer may send the copies described in Subsection (4).
]
[
(6)
] 
(5)
 (a) The declaration of candidacy shall 
be in
 substantially [
comply with
] the
following form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
the legal qualifications required of candidates for this office. 
If filing via a designated agent, I
attest that I will be out of the state of Utah during the entire candidate filing period.
 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. I request that my name be printed upon the applicable official ballots. (Signed)
_______________
Subscribed and sworn to (or affirmed) before me by ____ on this
__________(month\day\year).
(Signed) _______________ (Clerk or other officer qualified to administer oath)".
(b) An agent designated 
under Subsection (3)(b)
 to file a declaration of candidacy
[
under Subsection (5)
] may not sign the form described in Subsection [
(6)
] 
(5)
(a).
[
(7) (a) A registered voter may be nominated for municipal office by submitting a
petition signed, with a holographic signature, by:
]
[
(i) 25 residents of the municipality who are at least 18 years old; or
]
[
(ii) 20% of the residents of the municipality who are at least 18 years old.
]
[
(b) (i) The petition shall substantially conform to the following form:
]
[
"NOMINATION PETITION
]
[
The undersigned residents of (name of municipality) being 18 years old or older
nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
applicable)."
]
[
(ii) The remainder of the petition shall contain lines and columns for the signatures of
individuals signing the petition and the individuals' addresses and telephone numbers.
]
[
(8)
] 
(6)
 If the declaration of candidacy or nomination petition fails to state whether the
nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
for the four-year term.
[
(9)
] 
(7)
 (a) The clerk shall verify with the county clerk that all candidates are
registered voters.
(b) Any candidate who is not registered to vote is disqualified and the clerk may not
print the candidate's name on the ballot.
[
(10)
] 
(8)
 Immediately after expiration of the period for filing a declaration of
candidacy, the clerk shall:
(a) cause the names of the candidates as they will appear on the ballot to be published:
(i) in at least two successive publications of a newspaper with general circulation in the
municipality; and
(ii) as required in Section 
45-1-101
; and
(b) notify the lieutenant governor of the names of the candidates as they will appear on
the ballot.
[
(11)
] 
(9)
 A declaration of candidacy or nomination petition filed under this section
may not be amended after the expiration of the period for filing a declaration of candidacy.
[
(12)
] 
(10)
 (a) A declaration of candidacy or nomination petition filed under this
section is valid unless a written objection is filed with the clerk within five days after the last
day for filing.
(b) If an objection is made, the clerk shall:
(i) mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii) decide any objection within 48 hours after the objection is filed.
(c) If the clerk sustains the objection, the candidate may correct 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 decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district 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.
[
(13)
] 
(11)
 An individual who files a declaration of candidacy and is nominated, and an
individual who is nominated by a nomination petition, may, any time up to 23 days before the
election, withdraw the nomination by filing a written affidavit with the clerk.
Section 8. Section 
20A-9-407
 is amended to read:
20A-9-407.
 Convention process to seek the nomination of a qualified political
party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of a qualified political party for an elective office through the
qualified political party's convention process.
(2) Notwithstanding Subsection 
20A-9-201
[
(4)
]
(7)
(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election, shall:
(a) 
except as provided in Subsection 
20A-9-202
(1)(b),
 file a declaration of candidacy
in person with the filing officer on or after the second Friday in March and before 5 p.m. on the
third Thursday in March before the next regular general election; and
(b) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district on or after the second Friday in March and before 5
p.m. on the third Thursday in March before the next regular general election; and
(b) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, on or before 5 p.m. on the
first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
running mate.
(6) (a) A qualified political party that nominates a candidate under this section shall
certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
after the fourth Saturday in April.
(b) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
Section 9. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering process to seek the nomination of a qualified
political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of the qualified political party for an elective office through the
signature-gathering process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
[
(4)
]
(7)
(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
described in Section 
20A-9-408.5
.
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), a member of a qualified political party who, under this section, is seeking the
nomination of the qualified political party for an elective office that is to be filled at the next
general election shall:
(a) within the period beginning on January 1 before the next regular general election
and ending on the third Thursday in March of the same year, and before gathering signatures
under this section, file with the filing officer on a form approved by the lieutenant governor a
notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) 
except as provided in Subsection 
20A-9-202
(1)(b),
 file a declaration of candidacy,
in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
the third Thursday in March before the next regular general election; and
(c) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
(2)(a), a member of a qualified political
party who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at the next
general election shall:
(a) on or after January 1 before the next regular general election, and before gathering
signatures under this section, file with the filing officer on a form approved by the lieutenant
governor a notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) 
except as provided in Subsection 
20A-9-202
(1)(b),
 file a declaration of candidacy,
in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
the third Thursday in March before the next regular general election; and
(c) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
(3)(a)(iii), a lieutenant governor candidate
who files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, on or before 5 p.m. on the
first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
running mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
(8) A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a) complying with the requirements described in this section; and
(b) collecting signatures, on a form approved by the lieutenant governor, during the
period beginning on January 1 of an even-numbered year and ending 14 days before the day on
which the qualified political party's convention for the office is held, in the following amounts:
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's candidates in
a primary election;
(ii) for a congressional district race, 7,000 signatures of registered voters who are
residents of the congressional district and are permitted by the qualified political party to vote
for the qualified political party's candidates in a primary election;
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(iv) for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(v) for a State Board of Education race, the lesser of:
(A) 2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for the qualified
political party's candidates in a primary election; or
(B) 3% of the registered voters of the qualified political party who are residents of the
applicable State Board of Education district; and
(vi) for a county office race, signatures of 3% of the registered voters who are residents
of the area permitted to vote for the county office and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.
(9) (a) In order for a member of the qualified political party to qualify as a candidate
for the qualified political party's nomination for an elective office under this section, the
member shall:
(i) collect the signatures on a form approved by the lieutenant governor, using the same
circulation and verification requirements described in Sections 
20A-7-204
 and 
20A-7-205
; and
(ii) submit the signatures to the election officer no later than 14 days before the day on
which the qualified political party holds its convention to select candidates, for the elective
office, for the qualified political party's nomination.
(b) An individual may not gather signatures under this section until after the individual
files a notice of intent to gather signatures for candidacy described in this section.
(c) An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
the notice of intent to gather signatures for candidacy:
(i) required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described in Subsection
(9)(c)(i).
(d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, no later than one day before the day on which the qualified political party
holds the convention to select a nominee for the elective office to which the signature packets
relate:
(i) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(iii) determine whether each signer is a registered voter who is qualified to sign the
petition, using the same method, described in Section 
20A-7-206.3
, used to verify a signature
on a petition;
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet; and
(v) notify the qualified political party and the lieutenant governor of the name of each
member of the qualified political party who qualifies as a nominee of the qualified political
party, under this section, for the elective office to which the convention relates.
(e) Upon receipt of a notice of intent to gather signatures for candidacy described in
this section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the lieutenant governor
posts a declaration of candidacy.
Section 10. Section 
20A-9-502
 is amended to read:
20A-9-502.
Certificate of nomination -- Contents -- Circulation -- Verification --
Criminal penalty.
(1) The candidate shall:
(a) prepare a certificate of nomination in substantially the following form:
"State of Utah, County of ______________________________________________
I, ______________, declare my intention of becoming an unaffiliated candidate for the
political group designated as ____ for the office of ____. I do solemnly swear that I can
qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
that I am providing, or have provided, the required number of holographic signatures of
registered voters required by law; that as a candidate at the next election I will not knowingly
violate any election or campaign law; 
that, if filing via a designated agent for an office other
than president of the United States, I will be out of the state of Utah during the entire candidate
filing period;
 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.
__________________________________________
Subscribed and sworn to before me this ______(month\day\year).
__________________________________________
Notary Public (or other officer
qualified to administer oaths)";
(b) bind signature sheets to the certificate that:
(i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
blank for the purpose of binding;
(iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
Certificate of Nomination Petition" printed directly below the horizontal line;
(iv) contain the word "Warning" printed directly under the words described in
Subsection (1)(b)(iii);
(v) contain, to the right of the word "Warning," the following statement printed in not
less than eight-point, single leaded type:
"It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
signature sheet with any name other than the person's own name or more than once for the
same candidate or if the person is not registered to vote in this state and does not intend to
become registered to vote in this state before the county clerk certifies the signatures.";
(vi) contain the following statement directly under the statement described in
Subsection (1)(b)(v):
"Each signer says:
I have personally signed this petition with a holographic signature;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
county clerk certifies my signature; and
My street address is written correctly after my name.";
(vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
Subsection (1)(b)(vi); and
(viii) be vertically divided into columns as follows:
(A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
headed with "For Office Use Only," and be subdivided with a light vertical line down the
middle;
(B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
Registered Voter";
(D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
(E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code"; and
(F) at the bottom of the sheet, contain the following statement: "Birth date or age
information is not required, but it may be used to verify your identity with voter registration
records. If you choose not to provide it, your signature may not be certified as a valid signature
if you change your address before petition signatures are certified or if the information you
provide does not match your voter registration records."; and
(c) bind a final page to one or more signature sheets that are bound together that
contains, except as provided by Subsection (3), the following printed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am a Utah resident and am at least 18 years old;
All the names that appear on the signature sheets bound to this page were signed by
persons who professed to be the persons whose names appear on the signature sheets, and each
of them signed the person's name on the signature sheets in my presence;
I believe that each has printed and signed the person's name and written the person's
street address correctly, and that each signer is registered to vote in Utah or will register to vote
in Utah before the county clerk certifies the signatures on the signature sheet.
______________________________________________________________________
(Signature) (Residence Address) (Date)".
(2) An agent designated to file a certificate of nomination under Subsection
20A-9-503
[
(4)
]
(1)(b)
 may not sign the form described in Subsection (1)(a).
(3) (a) The candidate shall circulate the nomination petition and ensure that the person
in whose presence each signature sheet is signed:
(i) is at least 18 years old;
(ii) except as provided by Subsection (3)(b), meets the residency requirements of
Section 
20A-2-105
; and
(iii) verifies each signature sheet by completing the verification bound to one or more
signature sheets that are bound together.
(b) A person who is not a resident may sign the verification on a petition for an
unaffiliated candidate for the office of president of the United States.
(c) A person may not sign the verification if the person signed a signature sheet bound
to the verification.
(4) (a) It is unlawful for any person to:
(i) knowingly sign a certificate of nomination signature sheet:
(A) with any name other than the person's own name;
(B) more than once for the same candidate; or
(C) if the person is not registered to vote in this state and does not intend to become
registered to vote in this state before the county clerk certifies the signatures; or
(ii) sign the verification of a certificate of nomination signature sheet if the person:
(A) except as provided by Subsection (3)(b), does not meet the residency requirements
of Section 
20A-2-105
;
(B) has not witnessed the signing by those persons whose names appear on the
certificate of nomination signature sheet; or
(C) knows that a person whose signature appears on the certificate of nomination
signature sheet is not registered to vote in this state and does not intend to become registered to
vote in this state.
(b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
(5) (a) The candidate shall submit the petition and signature sheets to the county clerk
for certification when the petition has been completed by:
(i) at least 1,000 registered voters residing within the state when the nomination is for
an office to be filled by the voters of the entire state; or
(ii) at least 300 registered voters residing within a political division or at least 5% of
the registered voters residing within a political division, whichever is less, when the
nomination is for an office to be filled by the voters of any political division smaller than the
state.
(b) In reviewing the petition, the county clerk shall count and certify only those persons
who signed the petition with a holographic signature who:
(i) are registered voters within the political division that the candidate seeks to
represent; and
(ii) did not sign any other certificate of nomination for that office.
(c) The candidate may supplement or amend the certificate of nomination at any time
on or before the filing deadline.
Section 11. Section 
20A-9-503
 is amended to read:
20A-9-503.
Certificate of nomination -- Filing -- Fees.
(1) [
After
] 
(a) Except as provided in Subsection (1)(b), after
 the certificate of
nomination has been certified, executed, and acknowledged by the county clerk, the candidate
shall:
[
(a)
] 
(i)
 between the second Friday in March and the close of normal office hours on
the third Thursday in March of the year in which the regular general election will be held[
, file
the petition in person with
]:
[
(i)
] 
(A) file the petition in person with
 the lieutenant governor, if the office the
candidate seeks is a constitutional office or a federal office[
; or (ii)
] 
, or
 the county clerk, if the
office the candidate seeks is a county office; and
[
(iii)
] 
(B)
 pay the filing fee; or
[
(b)
] 
(ii)
 not later than the close of normal office hours on June 15 of any
odd-numbered year[
, file the petition in person with
]:
[
(i)
] 
(A) file the petition in person with
 the municipal clerk, if the candidate seeks an
office in a city or town[
; (ii)
] 
, or
 the local district clerk, if the candidate seeks an office in a
local district; and
[
(iii)
] 
(B)
 pay the filing fee.
(b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
declaration of candidacy for president of the United States.
(ii) Subject to Subsections (3)(c) and 
20A-9-502
(2), an individual may designate an
agent to file a declaration of candidacy with the appropriate filing officer if:
(A) the individual is located outside of the state during the entire filing period;
(B) the designated agent appears in person before the filing officer; and
(C) the individual communicates with the filing officer using an electronic device that
allows the individual and filing officer to see and hear each other.
(2) (a) At the time of filing, and before accepting the petition, the filing officer shall
read the constitutional and statutory requirements for candidacy to the candidate.
(b) If the candidate states that he does not meet the requirements, the filing officer may
not accept the petition.
(3) (a) Persons filing a certificate of nomination for president of the United States
under this section shall pay a filing fee of $500.
(b) Notwithstanding Subsection (1), a person filing a certificate of nomination for
president or vice president of the United States:
(i) may file the certificate of nomination between the second Friday in March and the
close of normal office hours on August 15 of the year in which the regular general election will
be held; and
(ii) may use a designated agent to file the certificate of nomination.
(c) An agent designated [
to file the certificate of nomination
] 
under Subsection
(1)(b)(ii) or described in Subsection (3)(b)(ii)
 may not sign the certificate of nomination form.
[
(4) Notwithstanding the requirement in Subsection (1) to file a certificate of
nomination in person, a person may designate an agent to file the certificate of nomination 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 the filing officer to see and hear each other.
]
Section 12. 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.
(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)
]
(7)
.
Section 13. Section 
20A-9-601
 is amended to read:
20A-9-601.
Qualifying as a write-in candidate.
(1) (a) [
Each person wishing
] 
Except as provided in Subsection (1)(b), an individual
who wishes
 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
] 
individual
 intends to be a
write-in candidate.
(b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
declaration of candidacy for president of the United States.
(ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
declaration of candidacy with the appropriate filing officer if:
(A) the individual is located outside of the state during the entire filing period;
(B) the designated agent appears in person before the filing officer; and
(C) the individual communicates with the filing officer using an electronic device that
allows the individual and filing officer to see and hear each other.
[
(b) (i)
] 
(2) (a)
 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; 
if filing via a designated
agent, I will be out of the state of Utah during the entire candidate filing period;
 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)
] 
(b)
 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)
] 
(c)
 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)
]
(7)
.
[
(iv)
] 
(d)
 An agent [
designated to file a declaration of candidacy under Subsection (2)
]
described in Subsection (1)(a) or (b)
 may not sign the form described in Subsection [
(1)(b)(i) or
(ii)
] 
(2)(a) or (b)
.
[
(c) (i)
] 
(3) (a)
 The filing officer shall:
[
(A)
] 
(i)
 read to the candidate the constitutional and statutory requirements for the
office; and
[
(B)
] 
(ii)
 ask the candidate whether or not the candidate meets the requirements.
[
(ii)
] 
(b)
 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)
] 
(4)
 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.
Section 14. Section 
20A-11-1005
 is amended to read:
20A-11-1005.
Fines for failing to file a financial statement.
(1) Except as provided in Subsections 
20A-11-512
(1)(b) and (4), the chief election
officer shall fine a filing entity $100 for failing to file a financial statement by the filing
deadline.
(2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a
manner similar to Subsection 
20A-9-201
[
(5)
]
(8)
(d), the chief election officer shall impose the
fine against the candidate or treasurer, as appropriate.
(3) The chief election officer shall deposit fines collected under this chapter in the
General Fund.
Section 15. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Legislative Review Note
Office of Legislative Research and General Counsel