Title 20A Chapter 9 Section 201 (Superseded 01/01/15)

Election Code
Candidate Qualifications and Nominating Procedures
Section 201 (Superseded 01/01/15)
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.

            

20A-9-201 (Superseded 01/01/15).   Declarations of candidacy -- Candidacy for more than one office or of more than one political party prohibited with exceptions -- General filing and form requirements -- Affidavit of impecuniosity.

            (1) Before filing a declaration of candidacy for election to any office, a person shall:

            (a) be a United States citizen; and

            (b) meet the legal requirements of that office.

            (2) (a) Except as provided in Subsection (2)(b), a person may not:

            (i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah during any election year; or

            (ii) appear on the ballot as the candidate of more than one political party.

            (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president or vice president of the United States and another office, if the person resigns the person's candidacy for the other office after the person is officially nominated for president or vice president of the United States.

            (ii) A person may file a declaration of candidacy for, or be a candidate for, more than one justice court judge office.

            (iii) A person may file a declaration of candidacy for lieutenant governor even if the person filed a declaration of candidacy for another office in the same election year if the person withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.

            (3) (a) (i) Except for presidential candidates, before the filing officer may accept any declaration of candidacy, the filing officer shall:

            (A) read to the prospective candidate the constitutional and statutory qualification requirements for the office that the candidate is seeking; and

            (B) require the candidate to state whether or not the candidate meets those requirements.

            (ii) Before accepting a declaration of candidacy for the office of county attorney, the county clerk shall ensure that the person filing that declaration of candidacy is:

            (A) a United States citizen;

            (B) an attorney licensed to practice law in Utah who is an active member in good standing of the Utah State Bar;

            (C) a registered voter in the county in which the person is seeking office; and

            (D) a current resident of the county in which the person is seeking office and either has been a resident of that county for at least one year or was appointed and is currently serving as county attorney and became a resident of the county within 30 days after appointment to the office.

            (iii) Before accepting a declaration of candidacy for the office of district attorney, the county clerk shall ensure that, as of the date of the election, the person filing that declaration of candidacy is:

            (A) a United States citizen;

            (B) an attorney licensed to practice law in Utah who is an active member in good standing of the Utah State Bar;

            (C) a registered voter in the prosecution district in which the person is seeking office; and

            (D) a current resident of the prosecution district in which the person is seeking office and either will have been a resident of that prosecution district for at least one year as of the date of the election or was appointed and is currently serving as district attorney and became a resident of the prosecution district within 30 days after receiving appointment to the office.

            (iv) Before accepting a declaration of candidacy for the office of county sheriff, the county clerk shall ensure that the person filing the declaration of candidacy:

            (A) as of the date of filing:

            (I) is a United States citizen;

            (II) is a registered voter in the county in which the person seeks office;

            (III) (Aa) has successfully met the standards and training requirements established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or

            (Bb) has met the waiver requirements in Section 53-6-206; and

            (IV) is qualified to be certified as a law enforcement officer, as defined in Section 53-13-103; and

            (B) as of the date of the election, shall have been a resident of the county in which the person seeks office for at least one year.

            (v) Before accepting a declaration of candidacy for the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or State Board of Education member, the filing officer shall ensure:

            (A) that the person filing the declaration of candidacy also files the financial disclosure required by Section 20A-11-1603; and

            (B) if the filing officer is not the lieutenant governor, that the financial disclosure is provided to the lieutenant governor according to the procedures and requirements of Section 20A-11-1603.

            (b) If the prospective candidate states that the qualification requirements for the office are not met, the filing officer may not accept the prospective candidate's declaration of candidacy.

            (c) If the candidate meets the requirements of Subsection (3)(a) and states that the requirements of candidacy are met, the filing officer shall:

            (i) inform the candidate that:

            (A) the candidate's name will appear on the ballot as it is written on the declaration of candidacy;

            (B) the candidate may be required to comply with state or local campaign finance disclosure laws; and

            (C) the candidate is required to file a financial statement before the candidate's political convention under:

            (I) Section 20A-11-204 for a candidate for constitutional office;

            (II) Section 20A-11-303 for a candidate for the Legislature; or

            (III) local campaign finance disclosure laws, if applicable;

            (ii) except for a presidential candidate, provide the candidate with a copy of the current campaign financial disclosure laws for the office the candidate is seeking and inform the candidate that failure to comply will result in disqualification as a candidate and removal of the candidate's name from the ballot;

            (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide Electronic Voter Information Website Program and inform the candidate of the submission deadline under Subsection 20A-7-801(4)(a);

            (iv) provide the candidate with a copy of the pledge of fair campaign practices described under Section 20A-9-206 and inform the candidate that:

            (A) signing the pledge is voluntary; and

            (B) signed pledges shall be filed with the filing officer;

            (v) accept the candidate's declaration of candidacy; and

            (vi) if the candidate has filed for a partisan office, provide a certified copy of the declaration of candidacy to the chair of the county or state political party of which the candidate is a member.

            (d) If the candidate elects to sign the pledge of fair campaign practices, the filing officer shall:

            (i) accept the candidate's pledge; and

            (ii) if the candidate has filed for a partisan office, provide a certified copy of the candidate's pledge to the chair of the county or state political party of which the candidate is a member.

            (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall be substantially as follows:

            "State of Utah, County of ____

I, ______________, declare my intention of becoming a candidate for the office of ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns and elections; I will file all campaign financial disclosure reports as required by law; and I understand that failure to do so will result in my disqualification as a candidate for this office and removal of my name from the ballot. The mailing address that I designate for receiving official election notices is ___________________________.

____________________________________________________________________

            Subscribed and sworn before me this __________(month\day\year).

Notary Public (or other officer qualified to administer oath.)"

            (b) An agent designated to file a declaration of candidacy under Section 20A-9-202 may not sign the form described in Subsection (4)(a).

            (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy is:

            (i) $50 for candidates for the local school district board; and

            (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the person holding the office for all other federal, state, and county offices.

            (b) Except for presidential candidates, the filing officer shall refund the filing fee to any candidate:

            (i) who is disqualified; or

            (ii) who the filing officer determines has filed improperly.

            (c) (i) The county clerk shall immediately pay to the county treasurer all fees received from candidates.

            (ii) The lieutenant governor shall:

            (A) apportion to and pay to the county treasurers of the various counties all fees received for filing of nomination certificates or acceptances; and

            (B) ensure that each county receives that proportion of the total amount paid to the lieutenant governor from the congressional district that the total vote of that county for all candidates for representative in Congress bears to the total vote of all counties within the congressional district for all candidates for representative in Congress.

            (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer, a financial statement filed at the time the affidavit is submitted.

            (ii) A person who is able to pay the filing fee may not claim impecuniosity.

            (iii) (A) False statements made on an affidavit of impecuniosity or a financial statement filed under this section shall be subject to the criminal penalties provided under Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.

            (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be considered an offense under this title for the purposes of assessing the penalties provided in Subsection 20A-1-609(2).

            (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially the following form:

            "Affidavit of Impecuniosity

Individual Name ____________________________Address_____________________________

Phone Number _________________

I,__________________________(name), do solemnly [swear] [affirm], under penalty of law for false statements, that, owing to my poverty, I am unable to pay the filing fee required by law.

Date ______________ Signature________________________________________________ Affiant

Subscribed and sworn to before me on ___________ (month\day\year)

______________________

(signature)

            Name and Title of Officer Authorized to Administer Oath      ______________________"

            (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a statement printed in substantially the following form, which may be included on the affidavit of impecuniosity:

            "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a candidate who is found guilty of filing a false statement, in addition to being subject to criminal penalties, will be removed from the ballot."

            (vi) The filing officer may request that a person who makes a claim of impecuniosity under this Subsection (5)(d) file a financial statement on a form prepared by the election official.

            (6) (a) If there is no legislative appropriation for the Western States Presidential Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for president of the United States who is affiliated with a registered political party and chooses to participate in the regular primary election shall:

            (i) file a declaration of candidacy, in person or via a designated agent, with the lieutenant governor:

            (A) on a form developed and provided by the lieutenant governor; and

            (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in March before the next regular primary election;

            (ii) identify the registered political party whose nomination the candidate is seeking;

            (iii) provide a letter from the registered political party certifying that the candidate may participate as a candidate for that party in that party's presidential primary election; and

            (iv) pay the filing fee of $500.

            (b) An agent designated to file a declaration of candidacy may not sign the form described in Subsection (6)(a)(i)(A).

            (7) Any person who fails to file a declaration of candidacy or certificate of nomination within the time provided in this chapter is ineligible for nomination to office.

            (8) A declaration of candidacy filed under this section may not be amended or modified after the final date established for filing a declaration of candidacy.


Amended by Chapter 145, 2013 General Session

Amended by Chapter 317, 2013 General Session