S.B. 147

1

CANDIDATE FILING REQUIREMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Glenn A. Donnelson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by amending declaration of candidacy provisions
10 for candidates claiming impecuniosity.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a person from claiming that the person is unable to pay a candidate filing
14 fee when that person is able to pay;
15 . allows a filing clerk to request a financial statement from an individual who files an
16 affidavit of impecuniosity;
17 . adds the language "under penalty of law for false statements" to the affidavit of
18 impecuniosity, which is used by candidates claiming they are unable to pay the
19 candidate filing fee;
20 . provides that a person may be removed from the ballot if the person is convicted of
21 filing a false statement in relation to an affidavit of impecuniosity or a financial
22 statement;
23 . requires a filing clerk to provide a notice of the penalties for making a false
24 statement; and
25 . making technical changes.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 This bill provides an immediate effective date.
30 Utah Code Sections Affected:
31 AMENDS:
32 20A-9-201, as last amended by Laws of Utah 2007, Chapters 83 and 97
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-9-201 is amended to read:
36 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
37 more than one political party prohibited with exceptions -- General filing and form
38 requirements -- Affidavit of impecuniosity.
39 (1) Before filing a declaration of candidacy for election to any office, a person shall:
40 (a) be a United States citizen; and
41 (b) meet the legal requirements of that office.
42 (2) (a) Except as provided in Subsection (2)(b), a person may not:
43 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
44 Utah during any election year; or
45 (ii) appear on the ballot as the candidate of more than one political party.
46 (b) A person may file a declaration of candidacy for, or be a candidate for, President or
47 Vice President of the United States and another office, if the person resigns the person's
48 candidacy for the other office after the person is officially nominated for President or Vice
49 President of the United States.
50 (3) If the final date established for filing a declaration of candidacy is a Saturday or
51 Sunday, the filing time shall be extended until 5 p.m. on the following business day.
52 (4) (a) (i) Except for presidential candidates, before the filing officer may accept any
53 declaration of candidacy, the filing officer shall:
54 (A) read to the prospective candidate the constitutional and statutory qualification
55 requirements for the office that the candidate is seeking; and
56 (B) require the candidate to state whether or not the candidate meets those
57 requirements.
58 (ii) Before accepting a declaration of candidacy for the office of county attorney, the

59 county clerk shall ensure that the person filing that declaration of candidacy is:
60 (A) a United States citizen;
61 (B) an attorney licensed to practice law in Utah who is an active member in good
62 standing of the Utah State Bar;
63 (C) a registered voter in the county in which he is seeking office; and
64 (D) a current resident of the county in which he is seeking office and either has been a
65 resident of that county for at least one year or was appointed and is currently serving as county
66 attorney and became a resident of the county within 30 days after appointment to the office.
67 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
68 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
69 candidacy is:
70 (A) a United States citizen;
71 (B) an attorney licensed to practice law in Utah who is an active member in good
72 standing of the Utah State Bar;
73 (C) a registered voter in the prosecution district in which he is seeking office; and
74 (D) a current resident of the prosecution district in which he is seeking office and either
75 will have been a resident of that prosecution district for at least one year as of the date of the
76 election or was appointed and is currently serving as district attorney and became a resident of
77 the prosecution district within 30 days after receiving appointment to the office.
78 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
79 county clerk shall ensure that the person filing the declaration of candidacy:
80 (A) as of the date of filing:
81 (I) is a United States citizen;
82 (II) is a registered voter in the county in which the person seeks office;
83 (III) (Aa) has successfully met the standards and training requirements established for
84 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
85 Certification Act; or
86 (Bb) has passed a certification examination as provided in Section 53-6-206 ; and
87 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
88 53-13-103 ; and
89 (B) as of the date of the election, shall have been a resident of the county in which the

90 person seeks office for at least one year.
91 (b) If the prospective candidate states that he does not meet the qualification
92 requirements for the office, the filing officer may not accept the prospective candidate's
93 declaration of candidacy.
94 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
95 shall:
96 (i) inform the candidate that the candidate's name will appear on the ballot as it is
97 written on the declaration of candidacy;
98 (ii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
99 Electronic Voter Information Website Program and inform the candidate of the submission
100 deadline under Subsection 20A-7-801 (4)(a);
101 (iii) provide the candidate with a copy of the pledge of fair campaign practices
102 described under Section 20A-9-206 and inform the candidate that:
103 (A) signing the pledge is voluntary; and
104 (B) signed pledges shall be filed with the filing officer;
105 (iv) accept the candidate's declaration of candidacy; and
106 (v) if the candidate has filed for a partisan office, provide a certified copy of the
107 declaration of candidacy to the chair of the county or state political party of which the
108 candidate is a member.
109 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
110 officer shall:
111 (i) accept the candidate's pledge; and
112 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
113 candidate's pledge to the chair of the county or state political party of which the candidate is a
114 member.
115 (5) Except for presidential candidates, the form of the declaration of candidacy shall be
116 substantially as follows:
117 "State of Utah, County of ____
118 I, ______________, declare my intention of becoming a candidate for the office of
119 ____ as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that
120 office, both legally and constitutionally, if selected; I reside at _____________ in the City or

121 Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law
122 governing campaigns and elections; and I will qualify for the office if elected to it. The
123 mailing address that I designate for receiving official election notices is
124 ___________________________.
125 ____________________________________________________________________
126 Subscribed and sworn before me this __________(month\day\year).
127

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

128 (6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
129 is:
130 (i) $25 for candidates for the local school district board; and
131 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
132 holding the office, but not less than $5, for all other federal, state, and county offices.
133 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
134 any candidate:
135 (i) who is disqualified; or
136 (ii) who the filing officer determines has filed improperly.
137 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
138 from candidates.
139 (ii) The lieutenant governor shall:
140 (A) apportion to and pay to the county treasurers of the various counties all fees
141 received for filing of nomination certificates or acceptances; and
142 (B) ensure that each county receives that proportion of the total amount paid to the
143 lieutenant governor from the congressional district that the total vote of that county for all
144 candidates for representative in Congress bears to the total vote of all counties within the
145 congressional district for all candidates for representative in Congress.
146 (d) (i) [Each] A person who is unable to pay the filing fee may file a declaration of
147 candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as
148 evidenced by an affidavit of impecuniosity filed with the filing officer and, if requested by the
149 filing officer, a financial statement filed at the time the affidavit is submitted.
150 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
151 (iii) (A) False statements made on an affidavit of impecuniosity or a financial

152 statement filed under this section shall be subject to the criminal penalties provided under
153 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
154 (B) Conviction of a criminal offense under Subsection (6)(d)(iii)(A) shall be
155 considered an offense under this title for the purposes of assessing the penalties provided in
156 Subsection 20A-1-609 (2).
157 [(ii)] (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
158 substantially the following form:
159 "Affidavit of Impecuniosity
160 Individual Name
161 ____________________________Address_____________________________
162 Phone Number _________________
163 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
164 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
165 law.
166 Date ______________ Signature________________________________________________
167 Affiant
168 Subscribed and sworn to before me on ___________ (month\day\year)
169

______________________

170

(signature)

171 Name and Title of Officer Authorized to Administer Oath

______________________"

172 (v) The filing officer shall provide to a person who requests an affidavit of
173 impecuniosity a statement printed in substantially the following form, which may be included
174 on the affidavit of impecuniosity:
175 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609 , a
176 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
177 penalties, will be removed from the ballot."
178 (vi) The filing officer may request that a person who makes a claim of impecuniosity
179 under this Subsection (6)(d) file a financial statement on a form prepared by the election
180 official.
181 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
182 within the time provided in this chapter is ineligible for nomination to office.

183 (8) A declaration of candidacy filed under this section may not be amended or
184 modified after the final date established for filing a declaration of candidacy.
185 Section 2. Effective date.
186 If approved by two-thirds of all the members elected to each house, this bill takes effect
187 upon approval by the governor, or the day following the constitutional time limit of Utah
188 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
189 the date of veto override.




Legislative Review Note
as of 1-18-08 3:09 PM

Office of Legislative Research and General Counsel