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[Introduced][Status][Bill Documents][Fiscal Note]
[Bills Directory]
H.B. 223 Enrolled
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VOTER INFORMATION WEBSITE
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Wayne A. Harper
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Senate Sponsor:
Michael G. Waddoups
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LONG TITLE
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General Description:
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This bill modifies the Election Code and the Lieutenant Governor Chapter by
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establishing the Statewide Electronic Voter Information Website Program administered
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by the lieutenant governor.
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Highlighted Provisions:
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This bill:
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. establishes the Statewide Electronic Voter Information Website Program
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administered by the lieutenant governor in cooperation with the county clerks;
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. requires the lieutenant governor to develop and implement a website that includes
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all information currently provided in the voter information pamphlet and to include
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information on local races, candidates, and ballot propositions;
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. requires local election officials to submit information to the lieutenant governor for
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each ballot label under the election official's direct responsibility so the information
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may be placed on the website;
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. provides certain deadlines for submitting the election information;
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. provides for the lieutenant governor's review of submitted information;
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. requires certain frequently asked voter questions and answers to be included on the
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website;
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. provides a deadline for the website to be ready for use;
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. allows the expansion of the information to include other elections;
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. requires the filing clerk to inform qualified candidates of the program;
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. amends the duties of the lieutenant governor to provide election information to the
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public by providing it on the Internet; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-9-201, as last amended by Chapter 226, Laws of Utah 2006
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20A-9-203, as last amended by Chapters 28 and 226, Laws of Utah 2006
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67-1a-2, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
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ENACTS:
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20A-7-801, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-7-801
is enacted to read:
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Part 8. Statewide Electronic Voter Information Website
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20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
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the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
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Frequently asked voter questions -- Other elections.
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(1) There is established the Statewide Electronic Voter Information Website Program
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administered by the lieutenant governor in cooperation with the county clerks for general
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elections and municipal authorities for municipal elections.
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(2) In accordance with this section, and as resources become available, the lieutenant
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governor, in cooperation with county clerks, shall develop, establish, and maintain a
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state-provided Internet website designed to help inform the voters of the state of:
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(a) the offices and candidates up for election; and
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(b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
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of ballot propositions submitted to the voters.
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(3) Except as provided under Subsection (6), the website shall include:
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(a) all information currently provided in the Utah voter information pamphlet under
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Title 20A, Chapter 7, Voter Information Pamphlet, including a section prepared, analyzed, and
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submitted by the Judicial Council describing the judicial selection and retention process;
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(b) all information submitted by election officers under Subsection (4) on local office
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races, local office candidates, and local ballot propositions; and
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(c) other information determined appropriate by the lieutenant governor that is
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currently being provided by law, rule, or ordinance in relation to candidates and ballot
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questions.
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(4) (a) An election official shall submit the following information for each ballot label
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under the election official's direct responsibility under this title:
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(i) a list of all candidates for each office;
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(ii) if submitted by the candidate to the election official's office on or before August 20
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at 5 p.m.:
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(A) a statement of qualifications, not exceeding 200 words in length, for each
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candidate;
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(B) the following biographical information if desired by the candidate, current:
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(I) age;
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(II) occupation;
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(III) city of residence;
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(IV) years of residence in current city; and
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(V) email address; and
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(C) a single web address where voters may access more information about the
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candidate and the candidate's views; and
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(iii) factual information pertaining to all ballot propositions submitted to the voters,
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including:
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(A) a copy of the number and ballot title of each ballot proposition;
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(B) the final vote cast for each ballot proposition, if any, by a legislative body if the
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vote was required to place the ballot proposition on the ballot;
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(C) a complete copy of the text of each ballot proposition, with all new language
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underlined and all deleted language placed within brackets; and
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(D) other factual information determined helpful by the election official.
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(b) The information under Subsection (4)(a) shall be submitted to the lieutenant
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governor no later than one business day after the deadline under Subsection (4)(a) for each
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general election year and each municipal election year.
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(c) The lieutenant governor shall:
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(i) review the information submitted under this section prior to placing it on the
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website to determine compliance under this section;
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(ii) refuse to post information submitted under this section on the website if it is not in
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compliance with the provisions of this section; and
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(iii) organize, format, and arrange the information submitted under this section for the
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website.
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(d) The lieutenant governor may refuse to include information the lieutenant governor
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determines is not in keeping with:
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(i) Utah voter needs;
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(ii) public decency; or
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(iii) the purposes, organization, or uniformity of the website.
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(e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
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Subsection (5).
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(5) (a) A person whose information is refused under Subsection (4), and who is
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aggrieved by the determination, may appeal by submitting a written notice of appeal to the
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lieutenant governor within ten business days after the date of the determination. A notice of
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appeal submitted under this Subsection (5)(a) shall contain:
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(i) a listing of each objection to the lieutenant governor's determination; and
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(ii) the basis for each objection.
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(b) The lieutenant governor shall review the notice of appeal and shall issue a written
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response within ten business days after the notice of appeal is submitted.
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(c) An appeal of the response of the lieutenant governor shall be made to the district
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court, which shall review the matter de novo.
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(6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
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enter the voter's address information on the website to retrieve information on which offices,
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candidates, and ballot propositions will be on the voter's ballot at the next general election or
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municipal election.
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(b) The information on the website will anticipate and answer frequent voter questions
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including the following:
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(i) what offices are up in the current year for which the voter may cast a vote;
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(ii) who is running for what office and who is the incumbent, if any;
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(iii) what address each candidate may be reached at and how the candidate may be
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contacted;
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(iv) for partisan races only, what, if any, is each candidate's party affiliation;
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(v) what qualifications have been submitted by each candidate;
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(vi) where additional information on each candidate may be obtained;
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(vii) what ballot propositions will be on the ballot; and
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(viii) what judges are up for retention election.
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(7) By not later than March 1, 2008, the lieutenant governor shall have the Statewide
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Electronic Voter Information Website Program ready for use in the next election in accordance
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with this section.
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(8) As resources are made available and in cooperation with the county clerks, the
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lieutenant governor may expand the electronic voter information website program to include
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the same information as provided under this section for special elections and primary elections.
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Section 2.
Section
20A-9-201
is amended to read:
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20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
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more than one political party prohibited with exceptions -- General filing and form
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requirements.
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(1) Before filing a declaration of candidacy for election to any office, a person shall:
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(a) be a United States citizen; and
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(b) meet the legal requirements of that office.
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(2) (a) Except as provided in Subsection (2)(b), a person may not:
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(i) file a declaration of candidacy for, or be a candidate for, more than one office in
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Utah during any election year; or
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(ii) appear on the ballot as the candidate of more than one political party.
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(b) A person may file a declaration of candidacy for, or be a candidate for, President or
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Vice President of the United States and another office, if the person resigns the person's
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candidacy for the other office after the person is officially nominated for President or Vice
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President of the United States.
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(3) If the final date established for filing a declaration of candidacy is a Saturday or
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Sunday, the filing time shall be extended until 5 p.m. on the following business day.
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(4) (a) (i) Except for presidential candidates, before the filing officer may accept any
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declaration of candidacy, the filing officer shall:
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(A) read to the prospective candidate the constitutional and statutory qualification
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requirements for the office that the candidate is seeking; and
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(B) require the candidate to state whether or not the candidate meets those
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requirements.
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(ii) Before accepting a declaration of candidacy for the office of county attorney, the
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county clerk shall ensure that the person filing that declaration of candidacy is:
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(A) a United States citizen;
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(B) an attorney licensed to practice law in Utah who is an active member in good
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standing of the Utah State Bar;
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(C) a registered voter in the county in which he is seeking office; and
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(D) a current resident of the county in which he is seeking office and either has been a
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resident of that county for at least one year or was appointed and is currently serving as county
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attorney and became a resident of the county within 30 days after appointment to the office.
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(iii) Before accepting a declaration of candidacy for the office of district attorney, the
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county clerk shall ensure that, as of the date of the election, the person filing that declaration of
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candidacy is:
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(A) a United States citizen;
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(B) an attorney licensed to practice law in Utah who is an active member in good
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standing of the Utah State Bar;
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(C) a registered voter in the prosecution district in which he is seeking office; and
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(D) a current resident of the prosecution district in which he is seeking office and either
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will have been a resident of that prosecution district for at least one year as of the date of the
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election or was appointed and is currently serving as district attorney and became a resident of
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the prosecution district within 30 days after receiving appointment to the office.
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(iv) Before accepting a declaration of candidacy for the office of county sheriff, the
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county clerk shall ensure that the person filing the declaration of candidacy:
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(A) as of the date of filing:
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(I) is a United States citizen;
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(II) is a registered voter in the county in which the person seeks office;
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(III) (Aa) has successfully met the standards and training requirements established for
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law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
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Certification Act; or
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(Bb) has passed a certification examination as provided in Section
53-6-206
; and
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(IV) is qualified to be certified as a law enforcement officer, as defined in Section
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53-13-103
; and
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(B) as of the date of the election, shall have been a resident of the county in which the
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person seeks office for at least one year.
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(b) If the prospective candidate states that he does not meet the qualification
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requirements for the office, the filing officer may not accept the prospective candidate's
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declaration of candidacy.
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(c) If the candidate states that he meets the requirements of candidacy, the filing officer
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shall:
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(i) provide the candidate with a copy of Section
20A-7-801
regarding the Statewide
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Electronic Voter Information Website Program and inform the candidate of the submission
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deadline under Subsection
20A-7-801
(4)(a);
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[(i)] (ii) provide the candidate with a copy of the pledge of fair campaign practices
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described under Section
20A-9-206
and inform the candidate that:
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(A) signing the pledge is voluntary; and
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(B) signed pledges shall be filed with the filing officer;
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[(ii)] (iii) accept the candidate's declaration of candidacy; and
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[(iii)] (iv) if the candidate has filed for a partisan office, provide a certified copy of the
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declaration of candidacy to the chair of the county or state political party of which the
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candidate is a member.
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(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
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officer shall:
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(i) accept the candidate's pledge; and
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(ii) if the candidate has filed for a partisan office, provide a certified copy of the
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candidate's pledge to the chair of the county or state political party of which the candidate is a
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member.
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(5) Except for presidential candidates, the form of the declaration of candidacy shall be
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substantially as follows:
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"State of Utah, County of ____
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I, ______________, declare my intention of becoming a candidate for the office of
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____ as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that
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office, both legally and constitutionally, if selected; I reside at _____________ in the City or
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Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law
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governing campaigns and elections; and I will qualify for the office if elected to it. The
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mailing address that I designate for receiving official election notices is
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___________________________.
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____________________________________________________________________
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Subscribed and sworn before me this __________(month\day\year).
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Notary Public (or other officer qualified to administer oath.)"
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(6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
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is:
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(i) $25 for candidates for the local school district board; and
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(ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
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holding the office, but not less than $5, for all other federal, state, and county offices.
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(b) Except for presidential candidates, the filing officer shall refund the filing fee to
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any candidate:
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(i) who is disqualified; or
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(ii) who the filing officer determines has filed improperly.
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(c) (i) The county clerk shall immediately pay to the county treasurer all fees received
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from candidates.
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(ii) The lieutenant governor shall:
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(A) apportion to and pay to the county treasurers of the various counties all fees
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received for filing of nomination certificates or acceptances; and
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(B) ensure that each county receives that proportion of the total amount paid to the
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lieutenant governor from the congressional district that the total vote of that county for all
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candidates for representative in Congress bears to the total vote of all counties within the
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congressional district for all candidates for representative in Congress.
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(d) (i) Each person who is unable to pay the filing fee may file a declaration of
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candidacy without payment upon a prima facie showing of impecuniosity as evidenced by an
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affidavit of impecuniosity filed with the filing officer.
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(ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
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substantially the following form:
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"Affidavit of Impecuniosity
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Individual Name
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____________________________Address_____________________________
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Phone Number _________________
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I,__________________________(name), do solemnly [swear] [affirm] that, owing to my
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poverty, I am unable to pay the filing fee required by law.
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Date ______________ Signature________________________________________________
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Affiant
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Subscribed and sworn to before me on ___________ (month\day\year)
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______________________
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(signature)
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Name and Title of Officer Authorized to Administer Oath ______________________"
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(7) Any person who fails to file a declaration of candidacy or certificate of nomination
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within the time provided in this chapter is ineligible for nomination to office.
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Section 3.
Section
20A-9-203
is amended to read:
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20A-9-203. Declarations of candidacy -- Municipal general elections.
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(1) (a) A person may become a candidate for any municipal office if the person is a
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registered voter and:
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(i) the person has resided within the municipality in which that person seeks to hold
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elective office for the 12 consecutive months immediately before the date of the election; or
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(ii) if the territory in which the person resides was annexed into the municipality, the
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person has resided within the annexed territory or the municipality for 12 months.
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(b) In addition to the requirements of Subsection (1)(a), candidates for a municipal
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council position under the council-mayor or council-manager alternative forms of municipal
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government shall, if elected from districts, be residents of the council district from which they
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are elected.
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(c) In accordance with Utah Constitution Article IV, Section 6, any mentally
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incompetent person, any person convicted of a felony, or any person convicted of treason or a
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crime against the elective franchise may not hold office in this state until the right to hold
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elective office is restored under Section
20A-2-101.5
.
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(2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to
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become a candidate for a municipal office shall file a declaration of candidacy in person with
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the city recorder or town clerk during office hours and not later than 5 p.m. between July 15
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and August 15 of any odd numbered year and pay the filing fee, if one is required by municipal
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ordinance.
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(b) (i) As used in this Subsection (2)(b), "registered voters" means the number of
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persons registered to vote in the municipality on the January 1 of the municipal election year.
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(ii) A third, fourth, or fifth class city that used the convention system to nominate
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candidates in the last municipal election as authorized by Subsection
20A-9-404
(3) or used the
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process contained in this Subsection (2)(b) in the last municipal election or a town that used the
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convention system to nominate candidates in the last municipal election as authorized by
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Subsection
20A-9-404
(3) or used the process contained in this Subsection (2)(b) in the last
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municipal election may, by ordinance, require, in lieu of the convention system, that candidates
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for municipal office file a nominating petition signed by a percentage of registered voters at the
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same time that the candidate files a declaration of candidacy.
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(iii) The ordinance shall specify the number of signatures that the candidate must
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obtain on the nominating petition in order to become a candidate for municipal office under
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this Subsection (2), but that number may not exceed 5% of registered voters.
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(c) Any resident of a municipality may nominate a candidate for a municipal office by
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filing a nomination petition with the city recorder or town clerk during office hours but not
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later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing
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fee, if one is required by municipal ordinance.
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(d) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
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p.m. on the following Monday.
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(3) (a) Before the filing officer may accept any declaration of candidacy or nomination
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petition, the filing officer shall:
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(i) read to the prospective candidate or person filing the petition the constitutional and
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statutory qualification requirements for the office that the candidate is seeking; and
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(ii) require the candidate or person filing the petition to state whether or not the
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candidate meets those requirements.
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(b) If the prospective candidate does not meet the qualification requirements for the
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office, the filing officer may not accept the declaration of candidacy or nomination petition.
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(c) If it appears that the prospective candidate meets the requirements of candidacy, the
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filing officer shall:
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(i) provide the candidate with a copy of Section
20A-7-801
regarding the Statewide
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Electronic Voter Information Website Program and inform the candidate of the submission
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deadline under Subsection
20A-7-801
(4)(a);
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[(i)] (ii) provide the candidate with a copy of the pledge of fair campaign practices
321
described under Section
20A-9-206
and inform the candidate that:
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(A) signing the pledge is voluntary; and
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(B) signed pledges shall be filed with the filing officer; and
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[(ii)] (iii) accept the declaration of candidacy or nomination petition.
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(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
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officer shall:
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(i) accept the candidate's pledge; and
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(ii) if the candidate has filed for a partisan office, provide a certified copy of the
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candidate's pledge to the chair of the county or state political party of which the candidate is a
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member.
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(4) The declaration of candidacy shall substantially comply with the following form:
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"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
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County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
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registered voter; and that I am a candidate for the office of ____ (stating the term). I request
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that my name be printed upon the applicable official ballots. (Signed) _______________
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Subscribed and sworn to (or affirmed) before me by ____ on this
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__________(month\day\year).
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(Signed) _______________ (Clerk or other officer qualified to administer oath)"
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(5) (a) In all first and second class cities, and in third, fourth, or fifth class cities that
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have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not
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passed the ordinance authorized by Subsection (2)(b), any registered voter may be nominated
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for municipal office by submitting a petition signed by:
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(i) 25 residents of the municipality who are at least 18 years old; or
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(ii) 20% of the residents of the municipality who are at least 18 years old.
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(b) (i) The petition shall substantially conform to the following form:
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"NOMINATION PETITION
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The undersigned residents of (name of municipality) being 18 years old or older
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nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
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applicable)."
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(ii) The remainder of the petition shall contain lines and columns for the signatures of
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persons signing the petition and their addresses and telephone numbers.
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(6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized
353
by Subsection (2)(b), and in towns that have passed the ordinance authorized by Subsection
354
(2)(b), any registered voter may be nominated for municipal office by submitting a petition
355
signed by the same percentage of registered voters in the municipality as required by the
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ordinance passed under authority of Subsection (2)(b).
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(b) (i) The petition shall substantially conform to the following form:
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"NOMINATION PETITION
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The undersigned residents of (name of municipality) being 18 years old or older
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nominate (name of nominee) to the office of (name of office) for the (two or four-year term,
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whichever is applicable)."
362
(ii) The remainder of the petition shall contain lines and columns for the signatures of
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persons signing the petition and their addresses and telephone numbers.
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(7) If the declaration of candidacy or nomination petition fails to state whether the
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nomination is for the two or four-year term, the clerk shall consider the nomination to be for
366
the four-year term.
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(8) (a) The clerk shall verify with the county clerk that all candidates are registered
368
voters.
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(b) Any candidate who is not registered to vote is disqualified and the clerk may not
370
print the candidate's name on the ballot.
371
(9) Immediately after expiration of the period for filing a declaration of candidacy, the
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clerk shall:
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(a) cause the names of the candidates as they will appear on the ballot to be published
374
in at least two successive publications of a newspaper with general circulation in the
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municipality; and
376
(b) notify the lieutenant governor of the names of the candidates as they will appear on
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the ballot.
378
(10) (a) A declaration of candidacy or nomination petition filed under this section is
379
valid unless a written objection is filed with the clerk within five days after the last day for
380
filing.
381
(b) If an objection is made, the clerk shall:
382
(i) mail or personally deliver notice of the objection to the affected candidate
383
immediately; and
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(ii) decide any objection within 48 hours after it is filed.
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(c) If the clerk sustains the objection, the candidate may correct the problem by
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amending the declaration or petition within three days after the objection is sustained or by
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filing a new declaration within three days after the objection is sustained.
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(d) (i) The clerk's decision upon objections to form is final.
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(ii) The clerk's decision upon substantive matters is reviewable by a district court if
390
prompt application is made to the district court.
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(iii) The decision of the district court is final unless the Supreme Court, in the exercise
392
of its discretion, agrees to review the lower court decision.
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(11) Any person who filed a declaration of candidacy and was nominated, and any
394
person who was nominated by a nomination petition, may, any time up to 23 days before the
395
election, withdraw the nomination by filing a written affidavit with the clerk.
396
Section 4.
Section
67-1a-2
is amended to read:
397
67-1a-2. Duties enumerated.
398
(1) The lieutenant governor shall:
399
(a) perform duties delegated by the governor, including assignments to serve in any of
400
the following capacities:
401
(i) as the head of any one department, if so qualified, with the consent of the Senate,
402
and, upon appointment at the pleasure of the governor and without additional compensation;
403
(ii) as the chairperson of any cabinet group organized by the governor or authorized by
404
law for the purpose of advising the governor or coordinating intergovernmental or
405
interdepartmental policies or programs;
406
(iii) as liaison between the governor and the state Legislature to coordinate and
407
facilitate the governor's programs and budget requests;
408
(iv) as liaison between the governor and other officials of local, state, federal, and
409
international governments or any other political entities to coordinate, facilitate, and protect the
410
interests of the state;
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(v) as personal advisor to the governor, including advice on policies, programs,
412
administrative and personnel matters, and fiscal or budgetary matters; and
413
(vi) as chairperson or member of any temporary or permanent boards, councils,
414
commissions, committees, task forces, or other group appointed by the governor;
415
(b) serve on all boards and commissions in lieu of the governor, whenever so
416
designated by the governor;
417
(c) serve as the chief election officer of the state as required by Subsection (2);
418
(d) keep custody of the Great Seal of Utah;
419
(e) keep a register of, and attest, the official acts of the governor;
420
(f) affix the Great Seal, with an attestation, to all official documents and instruments to
421
which the official signature of the governor is required; and
422
(g) furnish a certified copy of all or any part of any law, record, or other instrument
423
filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
424
it and pays the fee.
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(2) (a) As the chief election officer, the lieutenant governor shall:
426
(i) exercise general supervisory authority over all elections;
427
(ii) exercise direct authority over the conduct of elections for federal, state, and
428
multicounty officers and statewide or multicounty ballot propositions and any recounts
429
involving those races;
430
(iii) assist county clerks in unifying the election ballot;
431
(iv) (A) prepare election information for the public [and] as required by statute and as
432
determined appropriate by the lieutenant governor;
433
(B) make [that] the information under Subsection (2)(a)(iv)(A) available to the public
434
and to news media on the Internet and in other forms as required by statute or as determined
435
appropriate by the lieutenant governor;
436
(v) receive and answer election questions and maintain an election file on opinions
437
received from the attorney general;
438
(vi) maintain election returns and statistics;
439
(vii) certify to the governor the names of those persons who have received the highest
440
number of votes for any office;
441
(viii) ensure that all voting equipment purchased by the state complies with the
442
requirements of Subsection
20A-5-302
(2) and Sections
20A-5-402.5
and
20A-5-402.7
; and
443
(ix) perform other election duties as provided in Title 20A, Election Code.
444
(b) As chief election officer, the lieutenant governor may not assume the
445
responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
446
officials by Title 20A, Election Code.
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