Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 195 (2019GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/25/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a filing officer to, when an individual files a declaration of candidacy for legislative office, inform the individual that the Utah Constitution prohibits a person who holds a public office of profit or trust from being a member of the Legislature.

Every vote on this bill

Bill text

DECLARATION OF CANDIDACY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
 Brady Brammer
LONG TITLE
General Description:
This bill amends the information disclosure that a filing officer is required to make to
an individual who files a declaration of candidacy.
Highlighted Provisions:
This bill:
▸ requires a filing officer to, when an individual files a declaration of candidacy for
legislative office, inform the individual that the Utah Constitution prohibits a person
who holds a public office of profit or trust from being a member of the Legislature.
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 2018, Chapter 11
20A-9-601
, as last amended by Laws of Utah 2018, Chapters 11 and 80
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, 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 individual is a member; or
(ii) that the 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) 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 individual resigns the
individual's candidacy for the other office after the individual is officially nominated for
president or vice president of the United States.
(ii) An individual may file a declaration of candidacy for, or be a candidate for, more
than one justice court judge office.
(iii) An individual may file a declaration of candidacy for lieutenant governor even if
the individual filed a declaration of candidacy for another office in the same election year if the
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) 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:
(i) read to the individual the constitutional and statutory qualification requirements for
the office that the individual is seeking; [
and
]
(ii) require the individual to state whether the individual meets those requirements[
.
]
;
and
(iii) if the declaration of candidacy is for a legislative office, inform the individual that
Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
or trust, under authority of the United States or Utah, from being a member of the Legislature.
(b) Before accepting a declaration of candidacy for the office of county attorney, the
county clerk shall ensure that the individual filing that declaration of candidacy is:
(i) a United States citizen;
(ii) an attorney licensed to practice law in the state who is an active member in good
standing of the Utah State Bar;
(iii) a registered voter in the county in which the individual is seeking office; and
(iv) a current resident of the county in which the 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.
(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 individual filing that
declaration of candidacy is:
(i) a United States citizen;
(ii) an attorney licensed to practice law in the state who is an active member in good
standing of the Utah State Bar;
(iii) a registered voter in the prosecution district in which the individual is seeking
office; and
(iv) a current resident of the prosecution district in which the 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.
(d) Before accepting a declaration of candidacy for the office of county sheriff, the
county clerk shall ensure that the individual filing the declaration:
(i) is a United States citizen;
(ii) is a registered voter in the county in which the individual seeks office;
(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
(B) has met the waiver requirements in Section 
53-6-206
;
(iv) is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(v) as of the date of the election, will have been a resident of the county in which the
individual seeks office for at least one year.
(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:
(i) that the individual filing the declaration of candidacy also files the financial
disclosure required by Section 
20A-11-1603
; and
(ii) if the filing officer is not the lieutenant governor, that the individual provides the
financial disclosure to the lieutenant governor in accordance with Section 
20A-11-1603
.
(4) If an individual who files a declaration of candidacy does not meet the qualification
requirements for the office the individual is seeking, the filing officer may not accept the
individual's declaration of candidacy.
(5) If an individual who files a declaration of candidacy meets the requirements
described in Subsection (3), the filing officer shall:
(a) inform the individual that:
(i) the individual's name will appear on the ballot as the individual's name is written on
the individual's declaration of candidacy;
(ii) the individual may be required to comply with state or local campaign finance
disclosure laws; and
(iii) the individual is required to file a financial statement before the individual's
political convention under:
(A) Section 
20A-11-204
 for a candidate for constitutional office;
(B) Section 
20A-11-303
 for a candidate for the Legislature; or
(C) local campaign finance disclosure laws, if applicable;
(b) except for a presidential candidate, provide the individual with a copy of the current
campaign financial disclosure laws for the office the individual is seeking and inform the
individual that failure to comply will result in disqualification as a candidate and removal of
the individual's name from the ballot;
(c) provide the individual with a copy of Section 
20A-7-801
 regarding the Statewide
Electronic Voter Information Website Program and inform the individual of the submission
deadline under Subsection 
20A-7-801
(4)(a);
(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:
(i) signing the pledge is voluntary; and
(ii) signed pledges shall be filed with the filing officer;
(e) accept the individual's declaration of candidacy; and
(f) if the 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
individual is a member.
(6) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(a) accept the candidate's pledge; and
(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.
(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
(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 may not sign the form described in Subsection (7)(a) or Section 
20A-9-408.5
.
(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 (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 (8)(d) file a financial statement on a form prepared by the election
official.
(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) A designated agent described in Subsection (9)(a)(i) may not sign the form
described in Subsection (9)(a)(i)(A).
(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.
(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 2. Section 
20A-9-601
 is amended to read:
20A-9-601.
Qualifying as a write-in candidate.
(1) (a) 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 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.
(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 rejection of any votes cast
for me. 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)."
(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.)"
(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
(7).
(d) An agent described in Subsection (1)(a) or (b) may not sign the form described in
Subsection (2)(a) or (b).
(3) (a) The filing officer shall:
(i) read to the candidate the constitutional and statutory requirements for the office;
[
and
]
(ii) ask the candidate whether or not the candidate meets the requirements[
.
]
; and
(iii) if the declaration of candidacy is for a legislative office, inform the individual that
Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
or trust, under authority of the United States or Utah, from being a member of the Legislature.
(b) If the candidate cannot meet the requirements of office, the filing officer may not
accept the write-in candidate's declaration of candidacy.
(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.