H.B. 272
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7 LONG TITLE
8 General Description:
9 This bill requires a city recorder or town clerk to maintain certain office hours during
10 the municipal candidacy declaration and nomination period.
11 Highlighted Provisions:
12 This bill:
13 . requires a city recorder or town clerk to maintain certain office hours during the
14 municipal candidacy declaration and nomination period; and
15 . makes technical and conforming amendments.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-301 , as last amended by Laws of Utah 2012, Chapter 251
23 20A-9-203 , as last amended by Laws of Utah 2013, Chapters 317 and 402
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-3-301 is amended to read:
27 10-3-301. Notice -- Eligibility and residency requirements for elected municipal
28 office -- Mayor and recorder limitations.
29 (1) (a) On or before February 1 in a year in which there is a municipal general election,
30 the municipal clerk shall publish a notice that identifies:
31 (i) the municipal offices to be voted on in the municipal general election; and
32 (ii) the dates for filing a declaration of candidacy for the offices identified under
33 Subsection (1)(a)(i).
34 (b) The municipal clerk shall publish the notice described in Subsection (1)(a):
35 (i) on the Utah Public Notice Website established by Section 63F-1-701 ; and
36 (ii) in at least one of the following ways:
37 (A) at the principal office of the municipality;
38 (B) in a newspaper of general circulation within the municipality at least once a week
39 for two successive weeks in accordance with Section 45-1-101 ;
40 (C) in a newsletter produced by the municipality;
41 (D) on a website operated by the municipality; or
42 (E) with a utility enterprise fund customer's bill.
43 (2) (a) A person filing a declaration of candidacy for a municipal office shall meet the
44 requirements of Section 20A-9-203 .
45 (b) The city recorder or town clerk of each municipality shall maintain office hours 8
46 a.m. to 5 p.m. on the dates described in Subsections 20A-9-203 (2)(a)(i) and (b)(i) unless the
47 date occurs on a:
48 (i) Saturday or Sunday; or
49 (ii) state holiday as listed in Section 63G-1-301 .
50 (3) Any person elected to municipal office shall be a registered voter in the
51 municipality in which the person was elected.
52 (4) (a) Each elected officer of a municipality shall maintain residency within the
53 boundaries of the municipality during the officer's term of office.
54 (b) If an elected officer of a municipality establishes a principal place of residence as
55 provided in Section 20A-2-105 outside the municipality during the officer's term of office, the
56 office is automatically vacant.
57 (5) If an elected municipal officer is absent from the municipality any time during the
58 officer's term of office for a continuous period of more than 60 days without the consent of the
59 municipal legislative body, the municipal office is automatically vacant.
60 (6) (a) A mayor of a municipality may not also serve as the municipal recorder or
61 treasurer.
62 (b) The recorder of a municipality may not also serve as the municipal treasurer.
63 Section 2. Section 20A-9-203 is amended to read:
64 20A-9-203. Declarations of candidacy -- Municipal general elections.
65 (1) (a) (i) A person may become a candidate for any municipal office if:
66 (A) the person is a registered voter; and
67 (B) (I) the person has resided within the municipality in which that person seeks to
68 hold elective office for the 12 consecutive months immediately before the date of the election;
69 or
70 (II) if the territory in which the person resides was annexed into the municipality, the
71 person has resided within the annexed territory or the municipality the 12 consecutive months
72 immediately before the date of the election.
73 (ii) For purposes of determining whether a person meets the residency requirement of
74 Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
75 the election, the municipality shall be considered to have been incorporated 12 months before
76 the date of the election.
77 (b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal
78 council position shall, if elected from a district, be a resident of the council district from which
79 elected.
80 (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
81 incompetent person, any person convicted of a felony, or any person convicted of treason or a
82 crime against the elective franchise may not hold office in this state until the right to hold
83 elective office is restored under Section 20A-2-101.3 or 20A-2-101.5 .
84 (2) (a) A person seeking to become a candidate for a municipal office shall:
85 (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
86 the office hours described in Section 10-3-301 and not later than the close of [
87 office hours, between June 1 and June 7 of any odd-numbered year; and
88 (ii) pay the filing fee, if one is required by municipal ordinance.
89 (b) Any resident of a municipality may nominate a candidate for a municipal office by:
90 (i) filing a nomination petition with the city recorder or town clerk during the office
91 hours[
92 hours, between June 1 and June 7 of any odd-numbered year; and
93 (ii) paying the filing fee, if one is required by municipal ordinance.
94 (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
95 petition, the filing officer shall:
96 (i) read to the prospective candidate or person filing the petition the constitutional and
97 statutory qualification requirements for the office that the candidate is seeking; and
98 (ii) require the candidate or person filing the petition to state whether the candidate
99 meets those requirements.
100 (b) If the prospective candidate does not meet the qualification requirements for the
101 office, the filing officer may not accept the declaration of candidacy or nomination petition.
102 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
103 filing officer shall:
104 (i) inform the candidate that the candidate's name will appear on the ballot as it is
105 written on the declaration of candidacy;
106 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
107 for the office the candidate is seeking and inform the candidate that failure to comply will
108 result in disqualification as a candidate and removal of the candidate's name from the ballot;
109 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
110 Electronic Voter Information Website Program and inform the candidate of the submission
111 deadline under Subsection 20A-7-801 (4)(a);
112 (iv) provide the candidate with a copy of the pledge of fair campaign practices
113 described under Section 20A-9-206 and inform the candidate that:
114 (A) signing the pledge is voluntary; and
115 (B) signed pledges shall be filed with the filing officer; and
116 (v) accept the declaration of candidacy or nomination petition.
117 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
118 officer shall:
119 (i) accept the candidate's pledge; and
120 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
121 candidate's pledge to the chair of the county or state political party of which the candidate is a
122 member.
123 (4) Notwithstanding the requirement in Subsection (2)(a)(i) to file a declaration of
124 candidacy in person, a person may designate an agent to file the form described in Subsection
125 (5) in person with the city recorder or town clerk if:
126 (a) the person is located outside the state during the filing period because:
127 (i) of employment with the state or the United States; or
128 (ii) the person is a member of:
129 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
130 Coast Guard of the United States who is on active duty;
131 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
132 commissioned corps of the National Oceanic and Atmospheric Administration of the United
133 States; or
134 (C) the National Guard on activated status;
135 (b) the person makes the declaration of candidacy described in Subsection (5) to a
136 person qualified to administer an oath;
137 (c) the person communicates with the city recorder or town clerk using an electronic
138 device that allows the person and the city recorder or town clerk to see and hear each other; and
139 (d) the person provides the city recorder or town clerk with an email address to which
140 the filing officer may send the copies described in Subsection (3).
141 (5) (a) The declaration of candidacy shall substantially comply with the following
142 form:
143 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
144 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
145 registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
146 the legal qualifications required of candidates for this office. I will file all campaign financial
147 disclosure reports as required by law and I understand that failure to do so will result in my
148 disqualification as a candidate for this office and removal of my name from the ballot. I
149 request that my name be printed upon the applicable official ballots. (Signed)
150 _______________
151 Subscribed and sworn to (or affirmed) before me by ____ on this
152 __________(month\day\year).
153 (Signed) _______________ (Clerk or other officer qualified to administer oath)"
154 (b) An agent designated to file a declaration of candidacy under Subsection (4) may not
155 sign the form described in Subsection (5)(a).
156 (6) (a) A registered voter may be nominated for municipal office by submitting a
157 petition signed, with a holographic signature, by:
158 (i) 25 residents of the municipality who are at least 18 years old; or
159 (ii) 20% of the residents of the municipality who are at least 18 years old.
160 (b) (i) The petition shall substantially conform to the following form:
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162 The undersigned residents of (name of municipality) being 18 years old or older
163 nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
164 applicable)."
165 (ii) The remainder of the petition shall contain lines and columns for the signatures of
166 persons signing the petition and their addresses and telephone numbers.
167 (7) If the declaration of candidacy or nomination petition fails to state whether the
168 nomination is for the two or four-year term, the clerk shall consider the nomination to be for
169 the four-year term.
170 (8) (a) The clerk shall verify with the county clerk that all candidates are registered
171 voters.
172 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
173 print the candidate's name on the ballot.
174 (9) Immediately after expiration of the period for filing a declaration of candidacy, the
175 clerk shall:
176 (a) cause the names of the candidates as they will appear on the ballot to be published:
177 (i) in at least two successive publications of a newspaper with general circulation in the
178 municipality; and
179 (ii) as required in Section 45-1-101 ; and
180 (b) notify the lieutenant governor of the names of the candidates as they will appear on
181 the ballot.
182 (10) A declaration of candidacy or nomination petition filed under this section may not
183 be amended after the expiration of the period for filing a declaration of candidacy.
184 (11) (a) A declaration of candidacy or nomination petition filed under this section is
185 valid unless a written objection is filed with the clerk within five days after the last day for
186 filing.
187 (b) If an objection is made, the clerk shall:
188 (i) mail or personally deliver notice of the objection to the affected candidate
189 immediately; and
190 (ii) decide any objection within 48 hours after it is filed.
191 (c) If the clerk sustains the objection, the candidate may correct the problem by
192 amending the declaration or petition within three days after the objection is sustained or by
193 filing a new declaration within three days after the objection is sustained.
194 (d) (i) The clerk's decision upon objections to form is final.
195 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
196 prompt application is made to the district court.
197 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
198 of its discretion, agrees to review the lower court decision.
199 (12) Any person who filed a declaration of candidacy and was nominated, and any
200 person who was nominated by a nomination petition, may, any time up to 23 days before the
201 election, withdraw the nomination by filing a written affidavit with the clerk.
Legislative Review Note
as of 7-9-13 9:33 AM