Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 290 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• updates the statute to reflect the requirements in the Utah Constitution for the office of attorney general; and
• requires potential candidates for district attorney, county attorney, or attorney general to submit certain information affirming that the potential candidate meets the constitutional requirements for that office.

Every vote on this bill

Bill text

3
20A-9-201
0
Candidate Licensing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill codifies the requirements in the Utah Constitution for an individual seeking the 
office of attorney general.
Highlighted Provisions:
This bill:
updates the statute to reflect the requirements in the Utah Constitution for the office of 
attorney general; and
requires potential candidates for district attorney, county attorney, or attorney general to 
submit certain information affirming that the potential candidate meets the constitutional 
requirements for that office.
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 2024, Chapter 465
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;
(ii)
require the individual to state whether the individual meets the requirements 
described in Subsection (3)(a)(i);
(iii)
if the declaration of candidacy is for a county office, inform the individual that 
an individual who holds a county elected office may not, at the same time, hold a 
municipal elected office; and
(iv)
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)
(i)
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)
a United States citizen;
(ii)
(B)
an attorney licensed to practice law in the state who is an active member 
in good standing of the Utah State Bar;
(iii)
(C)
a registered voter in the county in which the individual is seeking office; 
and
(iv)
(D)
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 before the 
date of the election 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.
(ii)
An individual filing a declaration of candidacy for the office of county attorney 
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an 
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit 
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the 
requirements for office of county attorney described in Subsection (3)(b)(i), 
prior to taking office.
(iii)
In addition to the requirements described in Subsection (3)(b)(ii), an individual 
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(c)
(i)
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)
a United States citizen;
(ii)
(B)
an attorney licensed to practice law in the state who is an active member 
in good standing of the Utah State Bar;
(iii)
(C)
a registered voter in the prosecution district in which the individual is 
seeking office; and
(iv)
(D)
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 before the date of the election or was appointed and is 
currently serving as district attorney 
or county attorney 
and became a resident 
of the prosecution district within 30 days after receiving appointment to the 
office.
(ii)
An individual filing a declaration of candidacy for the office of district attorney 
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an 
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit 
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the 
requirements for office of district attorney described in Subsection 
(3)(c)(i)
, 
prior to taking office.
(iii)
In addition to the requirements described in Subsection 
(3)(c)(ii)
, an individual 
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(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)
before 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)
(i)
An individual filing a declaration of candidacy for the office of attorney general 
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an 
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit 
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the 
requirements for office of attorney general, described in Article VII, Sec. 3, 
Utah Constitution, prior to taking office.
(ii)
In addition to the requirements described in Subsection 
(3)(e)(i)
, an individual 
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(iii)
An individual filing the declaration of candidacy for the office of attorney 
general shall also make the conflict of interest disclosure described in Section 
20A-11-1603
.
(e)
(f)
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 that the individual filing 
the declaration of candidacy also makes the conflict of interest disclosure described 
in 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)
(i)
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);
(ii)
inform the individual that the individual must provide the filing officer with an 
email address that the individual actively monitors:
(A)
to receive a communication from a filing officer or an election officer; and
(B)
if the individual wishes to display a candidate profile on the Statewide 
Electronic Voter Information Website, to submit to the website the 
biographical and other information described in Subsection 
20A-7-801
(4)(a)(ii);
(iii)
inform the individual that the email address described in Subsection (5)(c)(ii) is 
not a record under Title 63G, Chapter 2, Government Records Access and 
Management Act; and
(iv)
obtain from the individual the email address described in Subsection (5)(c)(ii);
(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, under penalty of perjury, 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)(c) 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 a candidate for president or vice president of the United States, 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)
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.
(10)
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. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 11:33 AM