Title 20A Chapter 9 Section 601

Election Code
Candidate Qualifications and Nominating Procedures
Section 601
Qualifying as a write-in candidate.

            

20A-9-601.   Qualifying as a write-in candidate.

            (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration of candidacy in person, or through a designated agent for a candidate for president or vice president of the United States, with the appropriate filing officer not later than 30 days before the regular general election or 60 days before a municipal general election in which the person intends to be a write-in candidate.

            (b) (i) The form of the declaration of candidacy for all offices, except president of the United States, is substantially as follows:

            "State of Utah, County of ____

            I, ______________, declare my intention of becoming a candidate for the office of ____ for the ____ district (if applicable). 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)."

            (ii) The form of the declaration of candidacy for president of the United States is substantially as follows:

            "State of Utah, County of ____

            I, ______________, declare my intention of becoming a candidate for the office of the president of the United States. 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 ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate any law governing campaigns and elections. The mailing address that I designate for receiving official election notices is ___________________________. I designate _______________ as my vice presidential candidate.

            ____________________________________________________________________

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

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

            (iii) An agent designated to file a declaration of candidacy under Subsection (2) may not sign the form described in Subsection (1)(b)(i) or (ii).

            (c) (i) The filing officer shall:

            (A) read to the candidate the constitutional and statutory requirements for the office; and

            (B) ask the candidate whether or not the candidate meets the requirements.

            (ii) If the candidate cannot meet the requirements of office, the filing officer may not accept the write-in candidate's declaration of candidacy.

            (2) Notwithstanding the requirement in Subsection (1) to file a declaration of candidacy in person, a person may designate an agent to file the declaration of candidacy in person with the filing officer if:

            (a) the person is located outside the state during the filing period because:

            (i) of employment with the state or the United States; or

            (ii) the person is a member of:

            (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;

            (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

            (C) the National Guard on activated status; and

            (b) the person communicates with the filing officer using an electronic device that allows the person and filing officer to see and hear each other.

            (3) By November 1 of each regular general election year, the lieutenant governor shall certify to each county clerk the names of all write-in candidates who filed their declaration of candidacy with the lieutenant governor.


Amended by Chapter 317, 2013 General Session

Amended by Chapter 402, 2013 General Session