Title 20A Chapter 9 Section 502

Election Code
Candidate Qualifications and Nominating Procedures
Section 502
Certificate of nomination -- Contents -- Circulation -- Verification -- Criminal penalty.

            

20A-9-502.   Certificate of nomination -- Contents -- Circulation -- Verification -- Criminal penalty.

            (1) The candidate shall:

            (a) prepare a certificate of nomination in substantially the following form:

            "State of Utah, County of ______________________________________________

            I, ______________, declare my intention of becoming an unaffiliated candidate for the political group designated as ____ for the office of ____. I do solemnly swear that I can qualify to hold that office both legally and constitutionally if selected, and that I reside at ____ Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and that I am providing, or have provided, the required number of holographic signatures of registered voters required by law; that as a candidate at the next election I will not knowingly violate any election or campaign law; 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.

__________________________________________

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

__________________________________________

Notary Public (or other officer

qualified to administer oaths)";

            (b) bind signature sheets to the certificate that:

            (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;

            (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line blank for the purpose of binding;

            (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate Certificate of Nomination Petition" printed directly below the horizontal line;

            (iv) contain the word "Warning" printed directly under the words described in Subsection (1)(b)(iii);

            (v) contain, to the right of the word "Warning," the following statement printed in not less than eight-point, single leaded type:

            "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination signature sheet with any name other than the person's own name or more than once for the same candidate or if the person is not registered to vote in this state and does not intend to become registered to vote in this state before the county clerk certifies the signatures.";

            (vi) contain the following statement directly under the statement described in Subsection (1)(b)(v):

            "Each signer says:

            I have personally signed this petition with a holographic signature;

            I am registered to vote in Utah or intend to become registered to vote in Utah before the county clerk certifies my signature; and

            My street address is written correctly after my name.";

            (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in Subsection (1)(b)(vi); and

            (viii) be vertically divided into columns as follows:

            (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;

            (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed Name (must be legible to be counted)";

            (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of Registered Voter";

            (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";

            (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code"; and

            (F) at the bottom of the sheet, contain the following statement: "Birth date or age information is not required, but it may be used to verify your identity with voter registration records. If you choose not to provide it, your signature may not be certified as a valid signature if you change your address before petition signatures are certified or if the information you provide does not match your voter registration records."; and

            (c) bind a final page to one or more signature sheets that are bound together that contains, except as provided by Subsection (3), the following printed statement:

            "Verification

            State of Utah, County of ____

            I, _______________, of ____, hereby state that:

            I am a Utah resident and am at least 18 years old;

            All the names that appear on the signature sheets bound to this page were signed by persons who professed to be the persons whose names appear on the signature sheets, and each of them signed the person's name on the signature sheets in my presence;

            I believe that each has printed and signed the person's name and written the person's street address correctly, and that each signer is registered to vote in Utah or will register to vote in Utah before the county clerk certifies the signatures on the signature sheet.

            ______________________________________________________________________

            (Signature)                              (Residence Address)                                      (Date)".

            (2) An agent designated to file a certificate of nomination under Subsection 20A-9-503(4) may not sign the form described in Subsection (1)(a).

            (3) (a) The candidate shall circulate the nomination petition and ensure that the person in whose presence each signature sheet is signed:

            (i) is at least 18 years old;

            (ii) except as provided by Subsection (3)(b), meets the residency requirements of Section 20A-2-105; and

            (iii) verifies each signature sheet by completing the verification bound to one or more signature sheets that are bound together.

            (b) A person who is not a resident may sign the verification on a petition for an unaffiliated candidate for the office of president of the United States.

            (c) A person may not sign the verification if the person signed a signature sheet bound to the verification.

            (4) (a) It is unlawful for any person to:

            (i) knowingly sign a certificate of nomination signature sheet:

            (A) with any name other than the person's own name;

            (B) more than once for the same candidate; or

            (C) if the person is not registered to vote in this state and does not intend to become registered to vote in this state before the county clerk certifies the signatures; or

            (ii) sign the verification of a certificate of nomination signature sheet if the person:

            (A) except as provided by Subsection (3)(b), does not meet the residency requirements of Section 20A-2-105;

            (B) has not witnessed the signing by those persons whose names appear on the certificate of nomination signature sheet; or

            (C) knows that a person whose signature appears on the certificate of nomination signature sheet is not registered to vote in this state and does not intend to become registered to vote in this state.

            (b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.

            (5) (a) The candidate shall submit the petition and signature sheets to the county clerk for certification when the petition has been completed by:

            (i) at least 1,000 registered voters residing within the state when the nomination is for an office to be filled by the voters of the entire state; or

            (ii) at least 300 registered voters residing within a political division or at least 5% of the registered voters residing within a political division, whichever is less, when the nomination is for an office to be filled by the voters of any political division smaller than the state.

            (b) In reviewing the petition, the county clerk shall count and certify only those persons who signed the petition with a holographic signature who:

            (i) are registered voters within the political division that the candidate seeks to represent; and

            (ii) did not sign any other certificate of nomination for that office.

            (c) The candidate may supplement or amend the certificate of nomination at any time on or before the filing deadline.


Amended by Chapter 253, 2013 General Session

Amended by Chapter 317, 2013 General Session