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H.B. 199
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5 AN ACT RELATING TO COUNTIES AND ELECTION LAW; MODIFYING
6 QUALIFICATION REQUIREMENTS OF COUNTY OFFICERS; PROVIDING FOR
7 CONTINUATION OF DEPUTY'S SERVICE IF OFFICE OF OFFICER APPOINTING
8 DEPUTY BECOMES VACANT; MODIFYING APPOINTMENT AND ELECTION
9 PROCESSES FOR FILLING VACANCIES IN THE OFFICES OF COUNTY AND
10 DISTRICT ATTORNEY; ESTABLISHING A PROCESS FOR APPOINTING AN ACTING
11 COUNTY OR DISTRICT ATTORNEY; PROHIBITING WRITE-IN CANDIDACIES FOR
12 COUNTY OR DISTRICT ATTORNEY UNDER CERTAIN CIRCUMSTANCES; AND
13 MAKING TECHNICAL CORRECTIONS.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 17-5-216, as renumbered and amended by Chapter 147, Laws of Utah 1994
17 17-16-1, as last amended by Chapters 12 and 147, Laws of Utah 1994
18 17-16-7, as last amended by Chapter 198, Laws of Utah 1996
19 17-18-5, as last amended by Chapter 38, Laws of Utah 1993
20 20A-1-508, as last amended by Chapter 79, Laws of Utah 1996
21 20A-6-302, as last amended by Chapter 340, Laws of Utah 1995
22 20A-9-201, as last amended by Chapter 258, Laws of Utah 1996
23 ENACTS:
24 20A-1-509.1, Utah Code Annotated 1953
25 20A-1-509.2, Utah Code Annotated 1953
26 20A-1-509.3, Utah Code Annotated 1953
27 20A-9-602, Utah Code Annotated 1953
1 REPEALS AND REENACTS:
2 20A-1-509, as last amended by Chapter 21, Laws of Utah 1994
3 RENUMBERS AND AMENDS:
4 17-18-1.6, (Renumbered from 17-16-6.6, as enacted by Chapter 38, Laws of Utah 1993)
5 REPEALS:
6 17-16-6.7, as enacted by Chapter 38, Laws of Utah 1993
7 Be it enacted by the Legislature of the state of Utah:
8 Section 1. Section 17-5-216 is amended to read:
9 17-5-216. Vacancies in county offices -- Vacancies in the office of county attorney or
10 district attorney.
11 (1) [
12 20A-1-508.
13 (2) [
14 filled as provided in [
15 Section 2. Section 17-16-1 is amended to read:
16 17-16-1. Eligibility and residency requirements for county, district, precinct, or
17 prosecution district office.
18 (1) A person filing a declaration of candidacy for a county, district, precinct, or
19 prosecution district office shall:
20 (a) be a United States citizen;
21 (b) except as provided in Subsection 17-18-5(1)(d)(ii) with respect to the office of county
22 attorney or district attorney, as of the date of the election have been a resident of the county,
23 district, precinct, or prosecution district in which the person seeks office for at least one year
24 [
25 [
26
27
28 [
29 residency within the county, district, precinct, or prosecution district in which he was elected
30 during his term of office.
31 (b) If a county, district, precinct, or prosecution district officer establishes his principal
1 place of residence as provided in Section 20A-2-105 outside the county, district, precinct, or
2 prosecution district in which he was elected, the office is automatically vacant.
3 [
4 the county, district, precinct, or prosecution district any time during his term of office for a
5 continuous period of more than 60 days without the consent of the county legislative body or
6 bodies, the county, district, precinct, or prosecution district office is automatically vacant.
7 [
8
9
10 Section 3. Section 17-16-7 is amended to read:
11 17-16-7. Deputies -- Appointments -- Liability of principal -- Deputy may serve
12 despite vacancy in office of appointing officer.
13 (1) Every county or precinct officer, including any elected county executive, except a
14 county commissioner or county council member, may with the consent of the county legislative
15 body appoint deputies and assistants as necessary for the discharge of the duties of his office.
16 (2) The county legislative body shall provide the clerk of the district court in those
17 counties where the county clerk performs court clerk functions, deputies and assistants for the
18 business of the district courts as considered necessary and advisable by the judge or judges of the
19 district court.
20 (3) [
21
22
23 appointed, file a signed writing with the county clerk that memorializes the appointment.
24 (b) The officer appointing [
25 (c) If the office of the officer who appointed the deputy becomes vacant, the deputy may
26 continue to serve despite the vacancy.
27 Section 4. Section 17-18-1.6, which is renumbered from Section 17-16-6.6 is renumbered
28 and amended to read:
29 [
30 (1) Each district attorney shall be elected at the S REGULAR s general election beginning in
30a November,
Amend on 2_goldenrod February 13, 1997
31 1994, or any S REGULAR s general election year thereafter.
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1 (2) A district attorney shall hold office for four years, the term for which he is elected,
2 beginning the first Monday of January following his election and until a successor is elected or
3 appointed and qualified.
4 Section 5. Section 17-18-5 is amended to read:
5 17-18-5. Requirements of office.
6 (1) [Any] A person [elected to] filing a declaration of candidacy for the office of county
7 attorney or district attorney shall [be]:
8 (a) be a United States citizen;
9 (b) be an attorney licensed to practice law in Utah who is an active member in good
10 standing of the Utah State Bar;
11 (c) be a registered voter in the county or prosecution district in which he is elected to the
12 office; and
13 (d) (i) have been, as of the date of the election, a [current] resident of the county or
14 prosecution district in which he [was elected and has been a resident of that county] seeks office
15 for at least one year; or
16 (ii) have been appointed and, at the time of filing, be serving as county or district attorney
17 and have become a resident of the county or prosecution district within 30 days after appointment
18 to the office.
19 (2) [Any] Each person appointed to the office of county attorney or district attorney shall
20 be:
21 (a) a United States citizen; and
22 (b) an attorney licensed to practice law in Utah who is an active member in good standing
23 of the Utah State Bar.
24 Section 6. Section 20A-1-508 is amended to read:
25 20A-1-508. Midterm vacancies in county elected offices.
26 (1) As used in this section:
27 (a) "County offices" includes the county executive, members of the county legislative
28 body, the county treasurer, the county sheriff, the county clerk, the county auditor, the county
29 recorder, [the county attorney,] the county surveyor, and the county assessor.
30 (b) "County offices" does not mean the offices of president and vice president of the
31 United States, United States senators and representatives, members of the Utah Legislature, state
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1 constitutional officers, county attorneys, district attorneys, and judges.
2 (2) (a) Until a replacement is selected as provided in this section and has qualified, the
3 county legislative body shall appoint an interim replacement to fill the vacant office by following
4 the procedures and requirements of this subsection.
5 (b) (i) To appoint an interim replacement, the county legislative body shall give notice of
6 the vacancy to the county central committee of the same political party of the prior office holder
7 and invite that committee to submit the names of three nominees to fill the vacancy.
8 (ii) That county central committee shall, within 30 days, submit the names of three
9 nominees for the interim replacement to the county legislative body.
10 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
11 one of those nominees to serve out the unexpired term.
12 (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
13 vacancy within 45 days, the county clerk shall send to the governor a letter that:
14 (A) informs the governor that the county legislative body has failed to appoint a
15 replacement within the statutory time period; and
16 (B) contains the list of nominees submitted by the party central committee.
17 (ii) The governor shall appoint an interim replacement from that list of nominees to fill
18 the vacancy within 30 days after receipt of the letter.
19 (d) A person appointed as interim replacement under this Subsection (2) shall hold office
20 until their successor is elected and has qualified.
21 (3) (a) The requirements of this subsection apply to all county offices that become vacant
22 if:
23 (i) the vacant office has an unexpired term of two years or more; and
24 (ii) the vacancy occurs after the election at which the person was elected but before April
25 10 of the next even-numbered year.
26 (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk shall
27 notify the public and each registered political party that the vacancy exists.
28 (ii) All persons intending to become candidates for the vacant office shall:
29 (A) file a declaration of candidacy according to the procedures and requirements of Title
30 20A, Chapter 9, Part 2;
31 (B) if nominated as a party candidate or qualified as an independent or write-in candidate
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1 under Title 20A, Chapter 8, Political Party Formation and Procedure, run in the regular general
2 election; and
3 (C) if elected, complete the unexpired term of the person who created the vacancy.
4 (4) (a) The requirements of this subsection apply to all county offices that become vacant
5 if:
6 (i) the vacant office has an unexpired term of two years or more; and
7 (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 50 days
8 before the S REGULAR s primary election.
9 (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk shall
10 notify the public and each registered political party that:
11 (A) the vacancy exists; and
12 (B) identifies the date and time by which a person interested in becoming a candidate must
13 file a declaration of candidacy.
14 (ii) All persons intending to become candidates for the vacant offices shall, within five
15 days after the date that the notice is made, ending at 5 p.m. on the fifth day, file a declaration of
16 candidacy for the vacant office as required by Title 20A, Chapter 9, Part 2.
17 (iii) The county central committee of each party shall:
18 (A) select a candidate or candidates from among those qualified candidates who have filed
19 declarations of candidacy; and
20 (B) certify the name of the candidate or candidates to the county clerk at least 35 days
21 before the S REGULAR s primary election.
22 (5) (a) The requirements of this subsection apply to all county offices that become vacant:
23 (i) if the vacant office has an unexpired term of two years or more; and
24 (ii) when 50 days or less remain before the S REGULAR s primary S ELECTION s but more
24a than 50 days remain before
25 the regular general election.
26 (b) When the conditions established in Subsection (5)(a) are met, the county central
27 committees of each political party registered under this title that wishes to submit a candidate for
28 the office shall summarily certify the name of one candidate to the county clerk for placement on
29 the S REGULAR s general election ballot.
30 (6) (a) The requirements of this subsection apply to all county offices that become vacant:
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31 1994, or any S REGULAR s general election year thereafter.
1 (2) A district attorney shall hold office for four years, the term for which he is elected,
2 beginning the first Monday of January following his election and until a successor is elected or
3 appointed and qualified.
4 Section 5. Section 17-18-5 is amended to read:
5 17-18-5. Requirements of office.
6 (1) [
7 attorney or district attorney shall [
8 (a) be a United States citizen;
9 (b) be an attorney licensed to practice law in Utah who is an active member in good
10 standing of the Utah State Bar;
11 (c) be a registered voter in the county or prosecution district in which he is elected to the
12 office; and
13 (d) (i) have been, as of the date of the election, a [
14 prosecution district in which he [
15 for at least one year; or
16 (ii) have been appointed and, at the time of filing, be serving as county or district attorney
17 and have become a resident of the county or prosecution district within 30 days after appointment
18 to the office.
19 (2) [
20 be:
21 (a) a United States citizen; and
22 (b) an attorney licensed to practice law in Utah who is an active member in good standing
23 of the Utah State Bar.
24 Section 6. Section 20A-1-508 is amended to read:
25 20A-1-508. Midterm vacancies in county elected offices.
26 (1) As used in this section:
27 (a) "County offices" includes the county executive, members of the county legislative
28 body, the county treasurer, the county sheriff, the county clerk, the county auditor, the county
29 recorder, [
30 (b) "County offices" does not mean the offices of president and vice president of the
31 United States, United States senators and representatives, members of the Utah Legislature, state
1 constitutional officers, county attorneys, district attorneys, and judges.
2 (2) (a) Until a replacement is selected as provided in this section and has qualified, the
3 county legislative body shall appoint an interim replacement to fill the vacant office by following
4 the procedures and requirements of this subsection.
5 (b) (i) To appoint an interim replacement, the county legislative body shall give notice of
6 the vacancy to the county central committee of the same political party of the prior office holder
7 and invite that committee to submit the names of three nominees to fill the vacancy.
8 (ii) That county central committee shall, within 30 days, submit the names of three
9 nominees for the interim replacement to the county legislative body.
10 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
11 one of those nominees to serve out the unexpired term.
12 (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
13 vacancy within 45 days, the county clerk shall send to the governor a letter that:
14 (A) informs the governor that the county legislative body has failed to appoint a
15 replacement within the statutory time period; and
16 (B) contains the list of nominees submitted by the party central committee.
17 (ii) The governor shall appoint an interim replacement from that list of nominees to fill
18 the vacancy within 30 days after receipt of the letter.
19 (d) A person appointed as interim replacement under this Subsection (2) shall hold office
20 until their successor is elected and has qualified.
21 (3) (a) The requirements of this subsection apply to all county offices that become vacant
22 if:
23 (i) the vacant office has an unexpired term of two years or more; and
24 (ii) the vacancy occurs after the election at which the person was elected but before April
25 10 of the next even-numbered year.
26 (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk shall
27 notify the public and each registered political party that the vacancy exists.
28 (ii) All persons intending to become candidates for the vacant office shall:
29 (A) file a declaration of candidacy according to the procedures and requirements of Title
30 20A, Chapter 9, Part 2;
31 (B) if nominated as a party candidate or qualified as an independent or write-in candidate
1 under Title 20A, Chapter 8, Political Party Formation and Procedure, run in the regular general
2 election; and
3 (C) if elected, complete the unexpired term of the person who created the vacancy.
4 (4) (a) The requirements of this subsection apply to all county offices that become vacant
5 if:
6 (i) the vacant office has an unexpired term of two years or more; and
7 (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 50 days
8 before the S REGULAR s primary election.
9 (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk shall
10 notify the public and each registered political party that:
11 (A) the vacancy exists; and
12 (B) identifies the date and time by which a person interested in becoming a candidate must
13 file a declaration of candidacy.
14 (ii) All persons intending to become candidates for the vacant offices shall, within five
15 days after the date that the notice is made, ending at 5 p.m. on the fifth day, file a declaration of
16 candidacy for the vacant office as required by Title 20A, Chapter 9, Part 2.
17 (iii) The county central committee of each party shall:
18 (A) select a candidate or candidates from among those qualified candidates who have filed
19 declarations of candidacy; and
20 (B) certify the name of the candidate or candidates to the county clerk at least 35 days
21 before the S REGULAR s primary election.
22 (5) (a) The requirements of this subsection apply to all county offices that become vacant:
23 (i) if the vacant office has an unexpired term of two years or more; and
24 (ii) when 50 days or less remain before the S REGULAR s primary S ELECTION s but more
24a than 50 days remain before
25 the regular general election.
26 (b) When the conditions established in Subsection (5)(a) are met, the county central
27 committees of each political party registered under this title that wishes to submit a candidate for
28 the office shall summarily certify the name of one candidate to the county clerk for placement on
29 the S REGULAR s general election ballot.
30 (6) (a) The requirements of this subsection apply to all county offices that become vacant:
Amend on 2_goldenrod February 13, 1997
31 (i) if the vacant office has an unexpired term of less than two years; or
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1 (ii) if the vacant office has an unexpired term of two years or more but 50 days or less
2 remain before the next regular general election.
3 (b) (i) When the conditions established in Subsection (6)(a) are met, the county legislative
4 body shall give notice of the vacancy to the county central committee of the same political party
5 as the prior office holder and invite that committee to submit the names of three nominees to fill
6 the vacancy.
7 (ii) That county central committee shall, within 30 days, submit the names of three
8 nominees to fill the vacancy to the county legislative body.
9 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
10 one of those nominees to serve out the unexpired term.
11 (c) (i) If the county legislative body fails to appoint a person to fill the vacancy within 45
12 days, the county clerk shall send to the governor a letter that:
13 (A) informs the governor that the county legislative body has failed to appoint a person
14 to fill the vacancy within the statutory time period; and
15 (B) contains the list of nominees submitted by the party central committee.
16 (ii) The governor shall appoint a person to fill the vacancy from that list of nominees to
17 fill the vacancy within 30 days after receipt of the letter.
18 (d) A person appointed to fill the vacancy under Subsection (6) shall hold office until their
19 successor is elected and has qualified.
20 (7) Except as otherwise provided by law, the county legislative body may appoint
21 replacements to fill all vacancies that occur in those offices filled by appointment of the county
22 legislative body.
23 (8) Nothing in this section prevents or prohibits independent candidates from filing a
24 declaration of candidacy for the office within the same time limits.
25 Section 7. Section 20A-1-509 is repealed and reenacted to read:
26 20A-1-509. Definitions applicable to Sections 20A-1-509.1, 20A-1-509.2, and
27 20A-1-509.3.
28 As used in Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3:
29 (1) "County clerk" means:
30 (a) for a single county, the county clerk of that county; and
31 (b) for a prosecution district, the county clerk of the most populous county within the
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1 prosecution district.
2 (2) "County legislative body" includes each legislative body with the power to participate
3 in the selection of a district attorney as provided in the interlocal prosecution district agreement.
4 Section 8. Section 20A-1-509.1 is enacted to read:
5 20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15 or
6 more attorneys.
7 (1) When a vacancy occurs in the office of county or district attorney in a county or district
8 having 15 or more attorneys who are licensed active members in good standing with the Utah State
9 Bar and registered voters, the vacancy shall be filled as provided in this section.
10 (2) (a) The requirements of this subsection apply when the office of county attorney or
11 district attorney becomes vacant and:
12 (i) the vacant office has an unexpired term of two years or more; and
13 (ii) the vacancy occurs before March 17 of the even-numbered year.
14 (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
15 notify the public and each registered political party that the vacancy exists.
16 (c) All persons intending to become candidates for the vacant office shall:
17 (i) file a declaration of candidacy according to the procedures and requirements of Title
18 20A, Chapter 9, Part 2;
19 (ii) if nominated as a party candidate or qualified as an independent or write-in candidate
20 under Title 20A, Chapter 9, run in the regular general election; and
21 (iii) if elected, complete the unexpired term of the person who created the vacancy.
22 (d) If the vacancy occurs after March 9 and before March 17, the time for filing a
23 declaration of candidacy under Section 20A-9-202 shall be extended until ten days after the county
24 clerk gives notice under Subsection (2)(b), but no later than March 27.
25 (3) (a) The requirements of this subsection apply when the office of county attorney or
26 district attorney becomes vacant and:
27 (i) the vacant office has an unexpired term of two years or more; and
28 (ii) the vacancy occurs after March 16 of the even-numbered year but more than 50 days
29 before the S REGULAR s primary election.
30 (b) When the conditions established in Subsection (3)(a) are met, the county clerk shall:
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31 (i) if the vacant office has an unexpired term of less than two years; or
1 (ii) if the vacant office has an unexpired term of two years or more but 50 days or less
2 remain before the next regular general election.
3 (b) (i) When the conditions established in Subsection (6)(a) are met, the county legislative
4 body shall give notice of the vacancy to the county central committee of the same political party
5 as the prior office holder and invite that committee to submit the names of three nominees to fill
6 the vacancy.
7 (ii) That county central committee shall, within 30 days, submit the names of three
8 nominees to fill the vacancy to the county legislative body.
9 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
10 one of those nominees to serve out the unexpired term.
11 (c) (i) If the county legislative body fails to appoint a person to fill the vacancy within 45
12 days, the county clerk shall send to the governor a letter that:
13 (A) informs the governor that the county legislative body has failed to appoint a person
14 to fill the vacancy within the statutory time period; and
15 (B) contains the list of nominees submitted by the party central committee.
16 (ii) The governor shall appoint a person to fill the vacancy from that list of nominees to
17 fill the vacancy within 30 days after receipt of the letter.
18 (d) A person appointed to fill the vacancy under Subsection (6) shall hold office until their
19 successor is elected and has qualified.
20 (7) Except as otherwise provided by law, the county legislative body may appoint
21 replacements to fill all vacancies that occur in those offices filled by appointment of the county
22 legislative body.
23 (8) Nothing in this section prevents or prohibits independent candidates from filing a
24 declaration of candidacy for the office within the same time limits.
25 Section 7. Section 20A-1-509 is repealed and reenacted to read:
26 20A-1-509. Definitions applicable to Sections 20A-1-509.1, 20A-1-509.2, and
27 20A-1-509.3.
28 As used in Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3:
29 (1) "County clerk" means:
30 (a) for a single county, the county clerk of that county; and
31 (b) for a prosecution district, the county clerk of the most populous county within the
1 prosecution district.
2 (2) "County legislative body" includes each legislative body with the power to participate
3 in the selection of a district attorney as provided in the interlocal prosecution district agreement.
4 Section 8. Section 20A-1-509.1 is enacted to read:
5 20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15 or
6 more attorneys.
7 (1) When a vacancy occurs in the office of county or district attorney in a county or district
8 having 15 or more attorneys who are licensed active members in good standing with the Utah State
9 Bar and registered voters, the vacancy shall be filled as provided in this section.
10 (2) (a) The requirements of this subsection apply when the office of county attorney or
11 district attorney becomes vacant and:
12 (i) the vacant office has an unexpired term of two years or more; and
13 (ii) the vacancy occurs before March 17 of the even-numbered year.
14 (b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
15 notify the public and each registered political party that the vacancy exists.
16 (c) All persons intending to become candidates for the vacant office shall:
17 (i) file a declaration of candidacy according to the procedures and requirements of Title
18 20A, Chapter 9, Part 2;
19 (ii) if nominated as a party candidate or qualified as an independent or write-in candidate
20 under Title 20A, Chapter 9, run in the regular general election; and
21 (iii) if elected, complete the unexpired term of the person who created the vacancy.
22 (d) If the vacancy occurs after March 9 and before March 17, the time for filing a
23 declaration of candidacy under Section 20A-9-202 shall be extended until ten days after the county
24 clerk gives notice under Subsection (2)(b), but no later than March 27.
25 (3) (a) The requirements of this subsection apply when the office of county attorney or
26 district attorney becomes vacant and:
27 (i) the vacant office has an unexpired term of two years or more; and
28 (ii) the vacancy occurs after March 16 of the even-numbered year but more than 50 days
29 before the S REGULAR s primary election.
30 (b) When the conditions established in Subsection (3)(a) are met, the county clerk shall:
Amend on 2_goldenrod February 13, 1997
31 (i) notify the public and each registered political party that the vacancy exists; and
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1 (ii) identify the date and time by which a person interested in becoming a candidate must
2 file a declaration of candidacy.
3 (c) All persons intending to become candidates for the vacant office shall:
4 (i) within five days after the date that the notice is made, ending at 5 p.m. on the fifth day,
5 file a declaration of candidacy for the vacant office as required by Title 20A, Chapter 9, Part 2; and
6 (ii) if elected, complete the unexpired term of the person who created the vacancy.
7 (d) The county central committee of each party shall:
8 (i) select a candidate or candidates from among those qualified candidates who have filed
9 declarations of candidacy; and
10 (ii) certify the name of the candidate or candidates to the county clerk at least 35 days
11 before the S REGULAR s primary election.
12 (4) (a) The requirements of this subsection apply when the office of county attorney or
13 district attorney becomes vacant and:
14 (i) the vacant office has an unexpired term of two years or more; and
15 (ii) 50 days or less remain before the S REGULAR s primary S ELECTION s but more than
15a 50 days remain before the
16 regular general election.
17 (b) When the conditions established in Subsection (4)(a) are met, the county central
18 committees of each registered political party that wish to submit a candidate for the office shall
19 summarily certify the name of one candidate to the county clerk for placement on the S REGULAR s
19a general
20 election ballot.
21 (c) The candidate elected shall complete the unexpired term of the person who created the
22 vacancy.
23 (5) (a) The requirements of this subsection apply when the office of county attorney or
24 district attorney becomes vacant and:
25 (i) the vacant office has an unexpired term of less than two years; or
26 (ii) the vacant office has an unexpired term of two years or more but 50 days or less
27 remain before the next regular general election.
28 (b) When the conditions established in Subsection (5)(a) are met, the county legislative
29 body shall give notice of the vacancy to the county central committee of the same political party
30 of the prior officeholder and invite that committee to submit the names of three nominees to fill
31 the vacancy.
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31 (i) notify the public and each registered political party that the vacancy exists; and
1 (ii) identify the date and time by which a person interested in becoming a candidate must
2 file a declaration of candidacy.
3 (c) All persons intending to become candidates for the vacant office shall:
4 (i) within five days after the date that the notice is made, ending at 5 p.m. on the fifth day,
5 file a declaration of candidacy for the vacant office as required by Title 20A, Chapter 9, Part 2; and
6 (ii) if elected, complete the unexpired term of the person who created the vacancy.
7 (d) The county central committee of each party shall:
8 (i) select a candidate or candidates from among those qualified candidates who have filed
9 declarations of candidacy; and
10 (ii) certify the name of the candidate or candidates to the county clerk at least 35 days
11 before the S REGULAR s primary election.
12 (4) (a) The requirements of this subsection apply when the office of county attorney or
13 district attorney becomes vacant and:
14 (i) the vacant office has an unexpired term of two years or more; and
15 (ii) 50 days or less remain before the S REGULAR s primary S ELECTION s but more than
15a 50 days remain before the
16 regular general election.
17 (b) When the conditions established in Subsection (4)(a) are met, the county central
18 committees of each registered political party that wish to submit a candidate for the office shall
19 summarily certify the name of one candidate to the county clerk for placement on the S REGULAR s
19a general
20 election ballot.
21 (c) The candidate elected shall complete the unexpired term of the person who created the
22 vacancy.
23 (5) (a) The requirements of this subsection apply when the office of county attorney or
24 district attorney becomes vacant and:
25 (i) the vacant office has an unexpired term of less than two years; or
26 (ii) the vacant office has an unexpired term of two years or more but 50 days or less
27 remain before the next regular general election.
28 (b) When the conditions established in Subsection (5)(a) are met, the county legislative
29 body shall give notice of the vacancy to the county central committee of the same political party
30 of the prior officeholder and invite that committee to submit the names of three nominees to fill
31 the vacancy.
Amend on 2_goldenrod February 13, 1997
- 9 -
1 (c) That county central committee shall, within 30 days of receiving notice from the
2 county legislative body, submit to the county legislative body the names of three nominees to fill
3 the vacancy.
4 (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint one
5 of those nominees to serve out the unexpired term.
6 (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
7 days, the county clerk shall send to the governor a letter that:
8 (i) informs the governor that the county legislative body has failed to appoint a person to
9 fill the vacancy within the statutory time period; and
10 (ii) contains the list of nominees submitted by the party central committee.
11 (f) The governor shall appoint a person to fill the vacancy from that list of nominees within
12 30 days after receipt of the letter.
13 (g) A person appointed to fill the vacancy under Subsection (5) shall complete the
14 unexpired term of the person who created the vacancy.
15 (6) Nothing in this section prevents or prohibits independent candidates from filing a
16 declaration of candidacy for the office within the required time limits.
17 Section 9. Section 20A-1-509.2 is enacted to read:
18 20A-1-509.2. Procedure for filling vacancy in county or district with fewer than 15
19 attorneys.
20 (1) When a vacancy occurs in the office of county or district attorney in a county or district
21 having fewer than 15 attorneys who are licensed, active members in good standing with the Utah
22 State Bar and registered voters, the vacancy shall be filled as provided in this section.
23 (2) The county clerk shall send a letter to each attorney residing in the county or district
24 who is a licensed, active member in good standing with the Utah State Bar and a registered voter
25 that:
26 (a) informs the attorney of the vacancy;
27 (b) invites the attorney to apply for the vacancy; and
28 (c) informs the attorney that if the attorney has not responded within ten calendar days
29 from the date that the letter was mailed, his candidacy to fill the vacancy will not be considered.
30 (3) (a) (i) If, after ten calendar days from the date the letter was mailed, more than three
31 attorneys who are licensed, active members in good standing with the Utah State Bar and
- 10 -
1 registered voters in the county or district have applied for the vacancy, the county clerk shall,
2 except as provided in Subsection (3)(a)(ii), submit the applications to the county central committee
3 of the same political party of the prior officeholder.
4 (ii) In multicounty prosecution districts, the clerk shall submit the applications to the
5 county central committee of each county within the prosecution district.
6 (b) The central committee shall nominate three of the applicants and forward their names
7 to the county legislative body within 20 days after the date the county clerk submitted the
8 applicants' names.
9 (c) The county legislative body shall appoint one of the nominees to fill the vacant
10 position.
11 (d) If the central committee of the political party fails to submit at least three names to the
12 county legislative body within 20 days after the date the county clerk submitted the applicants'
13 names, the county legislative body shall appoint one of the applicants to fill the vacant position.
14 (e) If the county legislative body fails to appoint a person to fill the vacancy within 120
15 days after the vacancy occurs, the county clerk shall mail to the governor:
16 (i) a letter informing him that the county legislative body has failed to appoint a person
17 to fill the vacancy; and
18 (ii) (A) the list of nominees, if any, submitted by the central committee of the political
19 party; or
20 (B) if the party central committee has not submitted a list of at least three nominees within
21 the required time, the names of the persons who submitted applications for the vacant position to
22 the county clerk.
23 (f) The governor shall appoint a person to fill the vacancy from the list within 30 days after
24 receipt of the letter.
25 (4) (a) If, after ten calendar days from the date the letter was mailed, three or fewer
26 attorneys who are licensed, active members in good standing with the Utah State Bar and
27 registered voters in the county or district have applied for the vacancy, the county legislative body
28 may:
29 (i) appoint one of them to be county or district attorney; or
30 (ii) solicit additional applicants and appoint a county or district attorney as provided in
31 Subsection (4)(b).
- 11 -
1 (b) (i) If three or fewer attorneys who are licensed members in good standing of the Utah
2 State Bar and registered voters in the county or district submit applications, the county legislative
3 body may publicly solicit and accept additional applications for the position from licensed, active
4 members in good standing of the Utah State Bar who are not residents of the county or prosecution
5 district.
6 (ii) The county legislative body shall consider the applications submitted by the attorneys
7 who are residents of and registered voters in the county or prosecution district and the applications
8 submitted by the attorneys who are not residents of the county or prosecution district and shall
9 appoint one of the applicants to be county attorney or district attorney.
10 (c) If the legislative body fails to appoint a person to fill the vacancy within 120 days after
11 the vacancy occurs, the county clerk shall:
12 (i) notify the governor that the legislative body has failed to fill the vacancy within the
13 required time period; and
14 (ii) provide the governor with a list of all the applicants.
15 (d) The governor shall appoint a person to fill the vacancy within 30 days after he receives
16 the notification.
17 (5) The person appointed to fill the vacancy shall serve for the unexpired term of the
18 person who created the vacancy.
19 Section 10. Section 20A-1-509.3 is enacted to read:
20 20A-1-509.3. Procedure for making interim replacement.
21 (1) Until the vacancy is filled as provided in Section 20A-1-509.1 or 20A-1-509.2 and the
22 new county attorney or district attorney has qualified, the county legislative body may appoint an
23 interim replacement to fill the vacant office by following the procedures and requirements of this
24 subsection.
25 (a) The county legislative body shall appoint a deputy county or district attorney to serve
26 as acting county or district attorney if there are at least three deputies in the office that has the
27 vacancy.
28 (b) The county legislative body may contract with any member of the Utah State Bar in
29 good standing to be acting county or district attorney if:
30 (i) there are not at least three deputies in the office that has the vacancy; or
31 (ii) there are three or more deputies in the office but none of the deputies is willing to
- 12 -
1 serve.
2 (2) A person appointed as interim replacement under this section shall hold office until his
3 successor is selected and has qualified.
4 Section 11. Section 20A-6-302 is amended to read:
5 20A-6-302. Placement of candidates' names on paper ballots.
6 (1) Each election officer shall ensure, for paper ballots in regular general elections, that:
7 (a) except for candidates for state school board and local school boards:
8 (i) each candidate is listed by party; and
9 (ii) candidates' surnames are listed in alphabetical order on the ballots when two or more
10 candidates' names are required to be listed on a ticket under the title of an office;
11 (b) the names of candidates for the State Board of Education are placed on the ballot as
12 certified by the lieutenant governor under Section 20A-14-105;
13 (c) if candidates for membership on a local board of education were selected in a S REGULAR s
13a primary
14 election, the name of the candidate who received the most votes in the S REGULAR s primary
14a election is listed
15 first on the ballot; and
16 (d) if candidates for membership on a local board of education were not selected in the
17 S REGULAR s primary election, the names of the candidates are listed on the ballot in the order
17a determined by
18 a lottery conducted by the county clerk.
19 (2) (a) The election officer may not allow the name of a candidate who dies or withdraws
20 before election day to be printed upon the ballots.
21 (b) If the ballots have already been printed, the election officer:
22 (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a line
23 through the candidate's name before the ballots are delivered to voters; and
24 (ii) may not count any votes for that dead or withdrawn candidate.
25 (3) (a) When there is only one candidate for county attorney at the regular general election
26 in counties that have three or fewer registered voters of the county who are licensed active
27 members in good standing of the Utah State Bar, the county clerk shall cause that candidate's name
28 and party affiliation, if any, to be placed on a separate section of the ballot with the following
29 question: "Shall (name of candidate) be elected to the office of county attorney? Yes ____ No
30 ____."
Text Box
1 (c) That county central committee shall, within 30 days of receiving notice from the
2 county legislative body, submit to the county legislative body the names of three nominees to fill
3 the vacancy.
4 (d) The county legislative body shall, within 45 days after the vacancy occurs, appoint one
5 of those nominees to serve out the unexpired term.
6 (e) If the county legislative body fails to appoint a person to fill the vacancy within 45
7 days, the county clerk shall send to the governor a letter that:
8 (i) informs the governor that the county legislative body has failed to appoint a person to
9 fill the vacancy within the statutory time period; and
10 (ii) contains the list of nominees submitted by the party central committee.
11 (f) The governor shall appoint a person to fill the vacancy from that list of nominees within
12 30 days after receipt of the letter.
13 (g) A person appointed to fill the vacancy under Subsection (5) shall complete the
14 unexpired term of the person who created the vacancy.
15 (6) Nothing in this section prevents or prohibits independent candidates from filing a
16 declaration of candidacy for the office within the required time limits.
17 Section 9. Section 20A-1-509.2 is enacted to read:
18 20A-1-509.2. Procedure for filling vacancy in county or district with fewer than 15
19 attorneys.
20 (1) When a vacancy occurs in the office of county or district attorney in a county or district
21 having fewer than 15 attorneys who are licensed, active members in good standing with the Utah
22 State Bar and registered voters, the vacancy shall be filled as provided in this section.
23 (2) The county clerk shall send a letter to each attorney residing in the county or district
24 who is a licensed, active member in good standing with the Utah State Bar and a registered voter
25 that:
26 (a) informs the attorney of the vacancy;
27 (b) invites the attorney to apply for the vacancy; and
28 (c) informs the attorney that if the attorney has not responded within ten calendar days
29 from the date that the letter was mailed, his candidacy to fill the vacancy will not be considered.
30 (3) (a) (i) If, after ten calendar days from the date the letter was mailed, more than three
31 attorneys who are licensed, active members in good standing with the Utah State Bar and
1 registered voters in the county or district have applied for the vacancy, the county clerk shall,
2 except as provided in Subsection (3)(a)(ii), submit the applications to the county central committee
3 of the same political party of the prior officeholder.
4 (ii) In multicounty prosecution districts, the clerk shall submit the applications to the
5 county central committee of each county within the prosecution district.
6 (b) The central committee shall nominate three of the applicants and forward their names
7 to the county legislative body within 20 days after the date the county clerk submitted the
8 applicants' names.
9 (c) The county legislative body shall appoint one of the nominees to fill the vacant
10 position.
11 (d) If the central committee of the political party fails to submit at least three names to the
12 county legislative body within 20 days after the date the county clerk submitted the applicants'
13 names, the county legislative body shall appoint one of the applicants to fill the vacant position.
14 (e) If the county legislative body fails to appoint a person to fill the vacancy within 120
15 days after the vacancy occurs, the county clerk shall mail to the governor:
16 (i) a letter informing him that the county legislative body has failed to appoint a person
17 to fill the vacancy; and
18 (ii) (A) the list of nominees, if any, submitted by the central committee of the political
19 party; or
20 (B) if the party central committee has not submitted a list of at least three nominees within
21 the required time, the names of the persons who submitted applications for the vacant position to
22 the county clerk.
23 (f) The governor shall appoint a person to fill the vacancy from the list within 30 days after
24 receipt of the letter.
25 (4) (a) If, after ten calendar days from the date the letter was mailed, three or fewer
26 attorneys who are licensed, active members in good standing with the Utah State Bar and
27 registered voters in the county or district have applied for the vacancy, the county legislative body
28 may:
29 (i) appoint one of them to be county or district attorney; or
30 (ii) solicit additional applicants and appoint a county or district attorney as provided in
31 Subsection (4)(b).
1 (b) (i) If three or fewer attorneys who are licensed members in good standing of the Utah
2 State Bar and registered voters in the county or district submit applications, the county legislative
3 body may publicly solicit and accept additional applications for the position from licensed, active
4 members in good standing of the Utah State Bar who are not residents of the county or prosecution
5 district.
6 (ii) The county legislative body shall consider the applications submitted by the attorneys
7 who are residents of and registered voters in the county or prosecution district and the applications
8 submitted by the attorneys who are not residents of the county or prosecution district and shall
9 appoint one of the applicants to be county attorney or district attorney.
10 (c) If the legislative body fails to appoint a person to fill the vacancy within 120 days after
11 the vacancy occurs, the county clerk shall:
12 (i) notify the governor that the legislative body has failed to fill the vacancy within the
13 required time period; and
14 (ii) provide the governor with a list of all the applicants.
15 (d) The governor shall appoint a person to fill the vacancy within 30 days after he receives
16 the notification.
17 (5) The person appointed to fill the vacancy shall serve for the unexpired term of the
18 person who created the vacancy.
19 Section 10. Section 20A-1-509.3 is enacted to read:
20 20A-1-509.3. Procedure for making interim replacement.
21 (1) Until the vacancy is filled as provided in Section 20A-1-509.1 or 20A-1-509.2 and the
22 new county attorney or district attorney has qualified, the county legislative body may appoint an
23 interim replacement to fill the vacant office by following the procedures and requirements of this
24 subsection.
25 (a) The county legislative body shall appoint a deputy county or district attorney to serve
26 as acting county or district attorney if there are at least three deputies in the office that has the
27 vacancy.
28 (b) The county legislative body may contract with any member of the Utah State Bar in
29 good standing to be acting county or district attorney if:
30 (i) there are not at least three deputies in the office that has the vacancy; or
31 (ii) there are three or more deputies in the office but none of the deputies is willing to
1 serve.
2 (2) A person appointed as interim replacement under this section shall hold office until his
3 successor is selected and has qualified.
4 Section 11. Section 20A-6-302 is amended to read:
5 20A-6-302. Placement of candidates' names on paper ballots.
6 (1) Each election officer shall ensure, for paper ballots in regular general elections, that:
7 (a) except for candidates for state school board and local school boards:
8 (i) each candidate is listed by party; and
9 (ii) candidates' surnames are listed in alphabetical order on the ballots when two or more
10 candidates' names are required to be listed on a ticket under the title of an office;
11 (b) the names of candidates for the State Board of Education are placed on the ballot as
12 certified by the lieutenant governor under Section 20A-14-105;
13 (c) if candidates for membership on a local board of education were selected in a S REGULAR s
13a primary
14 election, the name of the candidate who received the most votes in the S REGULAR s primary
14a election is listed
15 first on the ballot; and
16 (d) if candidates for membership on a local board of education were not selected in the
17 S REGULAR s primary election, the names of the candidates are listed on the ballot in the order
17a determined by
18 a lottery conducted by the county clerk.
19 (2) (a) The election officer may not allow the name of a candidate who dies or withdraws
20 before election day to be printed upon the ballots.
21 (b) If the ballots have already been printed, the election officer:
22 (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a line
23 through the candidate's name before the ballots are delivered to voters; and
24 (ii) may not count any votes for that dead or withdrawn candidate.
25 (3) (a) When there is only one candidate for county attorney at the regular general election
26 in counties that have three or fewer registered voters of the county who are licensed active
27 members in good standing of the Utah State Bar, the county clerk shall cause that candidate's name
28 and party affiliation, if any, to be placed on a separate section of the ballot with the following
29 question: "Shall (name of candidate) be elected to the office of county attorney? Yes ____ No
30 ____."
Amend on 2_goldenrod February 13, 1997
31 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
- 13 -
1 elected to the office of county attorney.
2 (c) If the number of "No" votes [for the candidate] exceeds the number of "Yes" votes [for
3the candidate], the candidate is not elected and may not take office, nor may he continue in the
4 office past the end of the term resulting from any prior election or appointment.
5 (d) When the name of only one candidate for county attorney is printed on the ballot under
6 authority of Subsection (3), the county clerk may not count any write-in votes received for the
7 office of county attorney.
8 (e) If no qualified person files for the office of county attorney [as provided in Section
920A-9-202] or if the candidate is not elected by the voters, the county [governing] legislative body
10 shall appoint the county attorney as provided in Section [20A-1-509] 20A-1-509.2.
11 (4) (a) When there is only one candidate for district attorney at the regular general election
12 in a prosecution district that has three or fewer registered voters of the district who are licensed
13 active members in good standing of the Utah State Bar, the county clerk shall cause that
14 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot with
15 the following question: "Shall (name of candidate) be elected to the office of district attorney? Yes
16 ____ No ____."
17 [(5)] (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
18 elected to the office of district attorney.
19 [(6)] (c) If the number of "No" votes [for the candidate] exceeds the number of "Yes" votes
20 [for the candidate], the candidate is not elected and may not take office, nor may he continue in
21 the office past the end of the term resulting from any prior election or appointment.
22 (d) When the name of only one candidate for district attorney is printed on the ballot under
23 authority of Subsection (4), the county clerk may not count any write-in votes received for the
24 office of district attorney.
25 [(7)] (e) If no qualified person files for the office of district attorney, or if the only
26 candidate is not [retained] elected by the voters under this [section] subsection, the county
27 legislative body shall appoint a new district attorney for a four-year term as provided in Section
28 [20A-1-509] 20A-1-509.2.
29 Section 12. Section 20A-9-201 is amended to read:
30 20A-9-201. Declarations of candidacy -- Candidacy for more than one office
31 prohibited -- General filing and form requirements.
- 14 -
1 (1) Before filing a declaration of candidacy for election to any office, a person shall:
2 (a) be a United States citizen; and
3 (b) meet the legal requirements of that office.
4 (2) A person may not file for, or be a candidate for, more than one elective office during
5 any election year.
6 (3) If the final date established for filing a declaration of candidacy is a Saturday or
7 Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
8 (4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing
9 officer shall:
10 (A) read to the prospective candidate the constitutional and statutory qualification
11 requirements for the office that the candidate is seeking; and
12 (B) require the candidate to state whether or not the candidate meets those requirements.
13 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
14 county clerk shall ensure that the person filing that declaration of candidacy is:
15 (A) a United States citizen;
16 (B) an attorney licensed to practice law in Utah who is an active member in good standing
17 of the Utah State Bar;
18 (C) a registered voter in the county in which he is seeking office; and
19 (D) a current resident of the county in which he is seeking office and either has been a
20 resident of that county for at least one year or was appointed and is currently serving as county
21 attorney and became a resident of the county within 30 days after appointment to the office.
22 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
23 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
24 candidacy is:
25 (A) a United States citizen;
26 (B) an attorney licensed to practice law in Utah who is an active member in good standing
27 of the Utah State Bar;
28 (C) a registered voter in the prosecution district in which he is seeking office; and
29 (D) a current resident of the prosecution district in which he is seeking office and either
30 will have been a resident of that prosecution district for at least one year as of the date of the
31 election or was appointed and is currently serving as district attorney and became a resident of the
- 15 -
1 prosecution district within 30 days after receiving appointment to the office.
2 (b) If the prospective candidate states that he does not meet the qualification requirements
3 for the office, the filing officer may not accept the prospective candidate's declaration of
4 candidacy.
5 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
6 shall:
7 (i) accept the candidate's declaration of candidacy; and
8 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
9 declaration of candidacy to the chair of the county or state political party of which the candidate
10 is a member.
11 (5) The form of the declaration of candidacy shall be substantially as follows:
12 "State of Utah, County of ____
13 I, ______________, declare my intention of becoming a candidate for the office of ____
14 as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
15 legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
16 Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
17 and elections; and I will qualify for the office if elected to it.
18 ____________________________________________________________________
19 Subscribed and sworn before me this ____ day of ____, 19__.
20
21
22 (6) (a) The fee for filing a declaration of candidacy is:
23 (i) $25 for candidates for the local school district board; and
24 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
25 holding the office, but not less than $5, for all other federal, state, and county offices.
26 (b) The filing officer shall refund the filing fee to any candidate:
27 (i) who is disqualified; or
28 (ii) who the filing officer determines has filed improperly.
29 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
30 from candidates.
31 (ii) The lieutenant governor shall:
- 16 -
1 (A) apportion to and pay to the county treasurers of the various counties all fees received
2 for filing of nomination certificates or acceptances; and
3 (B) ensure that each county receives that proportion of the total amount paid to the
4 lieutenant governor from the congressional district that the total vote of that county for all
5 candidates for representative in Congress bears to the total vote of all counties within the
6 congressional district for all candidates for representative in Congress.
7 (d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
8 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
9 impecuniosity filed with the filing officer.
10 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
11 substantially the following form:
12 "Affidavit of Impecuniosity
13 Individual Name ____________________________Address_____________________________
14 Phone Number _________________
15 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
16 I am unable to pay the filing fee required by law.
17 Date ______________ Signature________________________________________________
18 Affiant
19 Subscribed and sworn to before me on ___________(date)
20
21
22 Name and Title of Officer Authorized to Administer Oath:"
23 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
24 within the time provided in this chapter is ineligible for nomination to office.
25 Section 13. Section 20A-9-602 is enacted to read:
26 20A-9-602. Write-in candidacy and voting prohibited in certain circumstances.
27 In elections for county attorney or district attorney that meet the requirements of
28 Subsections 20A-6-302(3) and (4), a person may not file a declaration of candidacy as a write-in
29 candidate under this part and the county clerk may not count any write-in votes received for the
30 office of county or district attorney.
31 Section 14. Repealer.
- 17 -
1 This act repeals:
2 Section 17-16-6.7, Election of district attorney -- Conditions precedent to filing of
3 declaration of candidacy.
Legislative Review Note
as of 12-9-96 11:35 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
- 18 -
[Bill Documents][Bills Directory]
31 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
1 elected to the office of county attorney.
2 (c) If the number of "No" votes [
3
4 office past the end of the term resulting from any prior election or appointment.
5 (d) When the name of only one candidate for county attorney is printed on the ballot under
6 authority of Subsection (3), the county clerk may not count any write-in votes received for the
7 office of county attorney.
8 (e) If no qualified person files for the office of county attorney [
9
10 shall appoint the county attorney as provided in Section [
11 (4) (a) When there is only one candidate for district attorney at the regular general election
12 in a prosecution district that has three or fewer registered voters of the district who are licensed
13 active members in good standing of the Utah State Bar, the county clerk shall cause that
14 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot with
15 the following question: "Shall (name of candidate) be elected to the office of district attorney? Yes
16 ____ No ____."
17 [
18 elected to the office of district attorney.
19 [
20 [
21 the office past the end of the term resulting from any prior election or appointment.
22 (d) When the name of only one candidate for district attorney is printed on the ballot under
23 authority of Subsection (4), the county clerk may not count any write-in votes received for the
24 office of district attorney.
25 [
26 candidate is not [
27 legislative body shall appoint a new district attorney for a four-year term as provided in Section
28 [
29 Section 12. Section 20A-9-201 is amended to read:
30 20A-9-201. Declarations of candidacy -- Candidacy for more than one office
31 prohibited -- General filing and form requirements.
1 (1) Before filing a declaration of candidacy for election to any office, a person shall:
2 (a) be a United States citizen; and
3 (b) meet the legal requirements of that office.
4 (2) A person may not file for, or be a candidate for, more than one elective office during
5 any election year.
6 (3) If the final date established for filing a declaration of candidacy is a Saturday or
7 Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
8 (4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing
9 officer shall:
10 (A) read to the prospective candidate the constitutional and statutory qualification
11 requirements for the office that the candidate is seeking; and
12 (B) require the candidate to state whether or not the candidate meets those requirements.
13 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
14 county clerk shall ensure that the person filing that declaration of candidacy is:
15 (A) a United States citizen;
16 (B) an attorney licensed to practice law in Utah who is an active member in good standing
17 of the Utah State Bar;
18 (C) a registered voter in the county in which he is seeking office; and
19 (D) a current resident of the county in which he is seeking office and either has been a
20 resident of that county for at least one year or was appointed and is currently serving as county
21 attorney and became a resident of the county within 30 days after appointment to the office.
22 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
23 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
24 candidacy is:
25 (A) a United States citizen;
26 (B) an attorney licensed to practice law in Utah who is an active member in good standing
27 of the Utah State Bar;
28 (C) a registered voter in the prosecution district in which he is seeking office; and
29 (D) a current resident of the prosecution district in which he is seeking office and either
30 will have been a resident of that prosecution district for at least one year as of the date of the
31 election or was appointed and is currently serving as district attorney and became a resident of the
1 prosecution district within 30 days after receiving appointment to the office.
2 (b) If the prospective candidate states that he does not meet the qualification requirements
3 for the office, the filing officer may not accept the prospective candidate's declaration of
4 candidacy.
5 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
6 shall:
7 (i) accept the candidate's declaration of candidacy; and
8 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
9 declaration of candidacy to the chair of the county or state political party of which the candidate
10 is a member.
11 (5) The form of the declaration of candidacy shall be substantially as follows:
12 "State of Utah, County of ____
13 I, ______________, declare my intention of becoming a candidate for the office of ____
14 as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
15 legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
16 Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
17 and elections; and I will qualify for the office if elected to it.
18 ____________________________________________________________________
19 Subscribed and sworn before me this ____ day of ____, 19__.
20
_________________________________________________
21
Notary Public (or other officer qualified to administer oath.)"
22 (6) (a) The fee for filing a declaration of candidacy is:
23 (i) $25 for candidates for the local school district board; and
24 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
25 holding the office, but not less than $5, for all other federal, state, and county offices.
26 (b) The filing officer shall refund the filing fee to any candidate:
27 (i) who is disqualified; or
28 (ii) who the filing officer determines has filed improperly.
29 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
30 from candidates.
31 (ii) The lieutenant governor shall:
1 (A) apportion to and pay to the county treasurers of the various counties all fees received
2 for filing of nomination certificates or acceptances; and
3 (B) ensure that each county receives that proportion of the total amount paid to the
4 lieutenant governor from the congressional district that the total vote of that county for all
5 candidates for representative in Congress bears to the total vote of all counties within the
6 congressional district for all candidates for representative in Congress.
7 (d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
8 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
9 impecuniosity filed with the filing officer.
10 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
11 substantially the following form:
12 "Affidavit of Impecuniosity
13 Individual Name ____________________________Address_____________________________
14 Phone Number _________________
15 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
16 I am unable to pay the filing fee required by law.
17 Date ______________ Signature________________________________________________
18 Affiant
19 Subscribed and sworn to before me on ___________(date)
20
______________________
21
(signature)
22 Name and Title of Officer Authorized to Administer Oath:"
23 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
24 within the time provided in this chapter is ineligible for nomination to office.
25 Section 13. Section 20A-9-602 is enacted to read:
26 20A-9-602. Write-in candidacy and voting prohibited in certain circumstances.
27 In elections for county attorney or district attorney that meet the requirements of
28 Subsections 20A-6-302(3) and (4), a person may not file a declaration of candidacy as a write-in
29 candidate under this part and the county clerk may not count any write-in votes received for the
30 office of county or district attorney.
31 Section 14. Repealer.
1 This act repeals:
2 Section 17-16-6.7, Election of district attorney -- Conditions precedent to filing of
3 declaration of candidacy.
Legislative Review Note
as of 12-9-96 11:35 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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