H.B. 199 Enrolled

COUNTY OFFICERS AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Jack A. Seitz
AN ACT RELATING TO COUNTIES AND ELECTION LAW; MODIFYING
QUALIFICATION REQUIREMENTS OF COUNTY OFFICERS; PROVIDING FOR
CONTINUATION OF DEPUTY'S SERVICE IF OFFICE OF OFFICER APPOINTING
DEPUTY BECOMES VACANT; MODIFYING APPOINTMENT AND ELECTION
PROCESSES FOR FILLING VACANCIES IN THE OFFICES OF COUNTY AND
DISTRICT ATTORNEY; ESTABLISHING A PROCESS FOR APPOINTING AN
ACTING COUNTY OR DISTRICT ATTORNEY; PROHIBITING WRITE-IN
CANDIDACIES FOR COUNTY OR DISTRICT ATTORNEY UNDER CERTAIN
CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-5-216, as renumbered and amended by Chapter 147, Laws of Utah 1994
17-16-1, as last amended by Chapters 12 and 147, Laws of Utah 1994
17-16-7, as last amended by Chapter 198, Laws of Utah 1996
17-18-5, as last amended by Chapter 38, Laws of Utah 1993
20A-1-508, as last amended by Chapter 79, Laws of Utah 1996
20A-6-302, as last amended by Chapter 340, Laws of Utah 1995
20A-9-201, as last amended by Chapter 258, Laws of Utah 1996
ENACTS:
20A-1-509.1, Utah Code Annotated 1953
20A-1-509.2, Utah Code Annotated 1953
20A-1-509.3, Utah Code Annotated 1953
20A-9-602, Utah Code Annotated 1953
REPEALS AND REENACTS:
20A-1-509, as last amended by Chapter 21, Laws of Utah 1994

RENUMBERS AND AMENDS:
17-18-1.6, (Renumbered from 17-16-6.6, as enacted by Chapter 38, Laws of Utah 1993)
REPEALS:
17-16-6.7, as enacted by Chapter 38, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-5-216 is amended to read:
17-5-216. Vacancies in county offices -- Vacancies in the office of county attorney or
district attorney.
(1) [Vacancies] A vacancy in a county [offices] office shall be filled as provided in Section
20A-1-508.
(2) [Vacancies] A vacancy in the office of county attorney or district attorney shall be filled
as provided in [Section 20A-1-509] Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3.
Section 2. Section 17-16-1 is amended to read:
17-16-1. Eligibility and residency requirements for county, district, precinct, or
prosecution district office.
(1) A person filing a declaration of candidacy for a county, district, precinct, or prosecution
district office shall:
(a) be a United States citizen;
(b) except as provided in Subsection 17-18-5(1)(d)(ii) with respect to the office of county
attorney or district attorney, as of the date of the election have been a resident of the county, district,
precinct, or prosecution district in which the person seeks office for at least one year [immediately
before the date of the election.]; and
[(2)] (c) [Any person elected to a county, district, precinct, or prosecution district office
shall] be a registered voter in the county, district, precinct, or prosecution district in which [he was
elected] the person seeks office.
[(3)] (2) (a) A county, district, precinct, or prosecution district officer shall maintain
residency within the county, district, precinct, or prosecution district in which he was elected during
his term of office.

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(b) If a county, district, precinct, or prosecution district officer establishes his principal place
of residence as provided in Section 20A-2-105 outside the county, district, precinct, or prosecution
district in which he was elected, the office is automatically vacant.
[(4)] (3) If an elected county, district, precinct, or prosecution district officer is absent from
the county, district, precinct, or prosecution district any time during his term of office for a
continuous period of more than 60 days without the consent of the county legislative body or bodies,
the county, district, precinct, or prosecution district office is automatically vacant.
[(5) The residency requirement of this section is inapplicable to the appointment of a county
attorney or district attorney under the conditions prescribed in Sections 17-5-216, 20A-1-508, and
20A-1-509.]
Section 3. Section 17-16-7 is amended to read:
17-16-7. Deputies -- Appointments -- Liability of principal -- Deputy may serve despite
vacancy in office of appointing officer.
(1) Every county or precinct officer, including any elected county executive, except a county
commissioner or county council member, may with the consent of the county legislative body
appoint deputies and assistants as necessary for the discharge of the duties of his office.
(2) The county legislative body shall provide the clerk of the district court in those counties
where the county clerk performs court clerk functions, deputies and assistants for the business of the
district courts as considered necessary and advisable by the judge or judges of the district court.
(3) [The appointment of a deputy shall be made in writing and filed in the office of the
county clerk. Until the appointment is made and filed, and the person has taken the oath of office as
a deputy, he is not a deputy. An] (a) Each officer appointing a deputy shall, for each deputy
appointed, file a signed writing with the county clerk that memorializes the appointment.
(b) The officer appointing [a] the deputy is liable for all official acts of the deputy.
(c) If the office of the officer who appointed the deputy becomes vacant, the deputy may
continue to serve despite the vacancy.
Section 4. Section 17-18-1.6, which is renumbered from Section 17-16-6.6 is renumbered
and amended to read:

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[17-16-6.6]. 17-18-1.6. Election of district attorney.
(1) Each district attorney shall be elected at the regular general election beginning in
November, 1994, or any regular general election year thereafter.
(2) A district attorney shall hold office for four years, the term for which he is elected,
beginning the first Monday of January following his election and until a successor is elected or
appointed and qualified.
Section 5. Section 17-18-5 is amended to read:
17-18-5. Requirements of office.
(1) [Any] A person [elected to] filing a declaration of candidacy for the office of county
attorney or district attorney shall [be]:
(a) be a United States citizen;
(b) be an attorney licensed to practice law in Utah who is an active member in good standing
of the Utah State Bar;
(c) be a registered voter in the county or prosecution district in which he is elected to the
office; and
(d) (i) have been, as of the date of the election, a [current] resident of the county or
prosecution district in which he [was elected and has been a resident of that county] seeks office for
at least one year; or
(ii) have been appointed and, at the time of filing, be serving as county or district attorney
and have become a resident of the county or prosecution district within 30 days after appointment
to the office.
(2) [Any] Each person appointed to the office of county attorney or district attorney shall
be:
(a) a United States citizen; and
(b) an attorney licensed to practice law in Utah who is an active member in good standing
of the Utah State Bar.
Section 6. Section 20A-1-508 is amended to read:
20A-1-508. Midterm vacancies in county elected offices.

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(1) As used in this section:
(a) "County offices" includes the county executive, members of the county legislative body,
the county treasurer, the county sheriff, the county clerk, the county auditor, the county recorder, [the
county attorney,] the county surveyor, and the county assessor.
(b) "County offices" does not mean the offices of president and vice president of the United
States, United States senators and representatives, members of the Utah Legislature, state
constitutional officers, county attorneys, district attorneys, and judges.
(2) (a) Until a replacement is selected as provided in this section and has qualified, the
county legislative body shall appoint an interim replacement to fill the vacant office by following
the procedures and requirements of this subsection.
(b) (i) To appoint an interim replacement, the county legislative body shall give notice of
the vacancy to the county central committee of the same political party of the prior office holder and
invite that committee to submit the names of three nominees to fill the vacancy.
(ii) That county central committee shall, within 30 days, submit the names of three nominees
for the interim replacement to the county legislative body.
(iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint one
of those nominees to serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint an interim replacement to fill the
vacancy within 45 days, the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint a replacement
within the statutory time period; and
(B) contains the list of nominees submitted by the party central committee.
(ii) The governor shall appoint an interim replacement from that list of nominees to fill the
vacancy within 30 days after receipt of the letter.
(d) A person appointed as interim replacement under this Subsection (2) shall hold office
until their successor is elected and has qualified.
(3) (a) The requirements of this subsection apply to all county offices that become vacant
if:

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(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the election at which the person was elected but before April
10 of the next even-numbered year.
(b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk shall
notify the public and each registered political party that the vacancy exists.
(ii) All persons intending to become candidates for the vacant office shall:
(A) file a declaration of candidacy according to the procedures and requirements of Title
20A, Chapter 9, Part 2;
(B) if nominated as a party candidate or qualified as an independent or write-in candidate
under Title 20A, Chapter 8, Political Party Formation and Procedure, run in the regular general
election; and
(C) if elected, complete the unexpired term of the person who created the vacancy.
(4) (a) The requirements of this subsection apply to all county offices that become vacant
if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after April 9 of the next even-numbered year but more than 50 days
before the regular primary election.
(b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk shall
notify the public and each registered political party that:
(A) the vacancy exists; and
(B) identifies the date and time by which a person interested in becoming a candidate must
file a declaration of candidacy.
(ii) All persons intending to become candidates for the vacant offices shall, within five days
after the date that the notice is made, ending at 5 p.m. on the fifth day, file a declaration of candidacy
for the vacant office as required by Title 20A, Chapter 9, Part 2.
(iii) The county central committee of each party shall:
(A) select a candidate or candidates from among those qualified candidates who have filed
declarations of candidacy; and

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(B) certify the name of the candidate or candidates to the county clerk at least 35 days before
the regular primary election.
(5) (a) The requirements of this subsection apply to all county offices that become vacant:
(i) if the vacant office has an unexpired term of two years or more; and
(ii) when 50 days or less remain before the regular primary election but more than 50 days
remain before the regular general election.
(b) When the conditions established in Subsection (5)(a) are met, the county central
committees of each political party registered under this title that wishes to submit a candidate for the
office shall summarily certify the name of one candidate to the county clerk for placement on the
regular general election ballot.
(6) (a) The requirements of this subsection apply to all county offices that become vacant:
(i) if the vacant office has an unexpired term of less than two years; or
(ii) if the vacant office has an unexpired term of two years or more but 50 days or less
remain before the next regular general election.
(b) (i) When the conditions established in Subsection (6)(a) are met, the county legislative
body shall give notice of the vacancy to the county central committee of the same political party as
the prior office holder and invite that committee to submit the names of three nominees to fill the
vacancy.
(ii) That county central committee shall, within 30 days, submit the names of three nominees
to fill the vacancy to the county legislative body.
(iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint one
of those nominees to serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint a person to fill the vacancy within 45
days, the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint a person to
fill the vacancy within the statutory time period; and
(B) contains the list of nominees submitted by the party central committee.
(ii) The governor shall appoint a person to fill the vacancy from that list of nominees to fill

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the vacancy within 30 days after receipt of the letter.
(d) A person appointed to fill the vacancy under Subsection (6) shall hold office until their
successor is elected and has qualified.
(7) Except as otherwise provided by law, the county legislative body may appoint
replacements to fill all vacancies that occur in those offices filled by appointment of the county
legislative body.
(8) Nothing in this section prevents or prohibits independent candidates from filing a
declaration of candidacy for the office within the same time limits.
Section 7. Section 20A-1-509 is repealed and reenacted to read:
20A-1-509. Definitions applicable to Sections 20A-1-509.1, 20A-1-509.2, and
20A-1-509.3.
As used in Sections 20A-1-509.1, 20A-1-509.2, and 20A-1-509.3:
(1) "County clerk" means:
(a) for a single county, the county clerk of that county; and
(b) for a prosecution district, the county clerk of the most populous county within the
prosecution district.
(2) "County legislative body" includes each legislative body with the power to participate
in the selection of a district attorney as provided in the interlocal prosecution district agreement.
Section 8. Section 20A-1-509.1 is enacted to read:
20A-1-509.1. Procedure for filling midterm vacancy in county or district with 15 or
more attorneys.
(1) When a vacancy occurs in the office of county or district attorney in a county or district
having 15 or more attorneys who are licensed active members in good standing with the Utah State
Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) (a) The requirements of this subsection apply when the office of county attorney or
district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs before March 17 of the even-numbered year.

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(b) When the conditions established in Subsection (2)(a) are met, the county clerk shall
notify the public and each registered political party that the vacancy exists.
(c) All persons intending to become candidates for the vacant office shall:
(i) file a declaration of candidacy according to the procedures and requirements of Title 20A,
Chapter 9, Part 2;
(ii) if nominated as a party candidate or qualified as an independent or write-in candidate
under Title 20A, Chapter 9, run in the regular general election; and
(iii) if elected, complete the unexpired term of the person who created the vacancy.
(d) If the vacancy occurs after March 9 and before March 17, the time for filing a declaration
of candidacy under Section 20A-9-202 shall be extended until ten days after the county clerk gives
notice under Subsection (2)(b), but no later than March 27.
(3) (a) The requirements of this subsection apply when the office of county attorney or
district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after March 16 of the even-numbered year but more than 50 days
before the regular primary election.
(b) When the conditions established in Subsection (3)(a) are met, the county clerk shall:
(i) notify the public and each registered political party that the vacancy exists; and
(ii) identify the date and time by which a person interested in becoming a candidate must
file a declaration of candidacy.
(c) All persons intending to become candidates for the vacant office shall:
(i) within five days after the date that the notice is made, ending at 5 p.m. on the fifth day,
file a declaration of candidacy for the vacant office as required by Title 20A, Chapter 9, Part 2; and
(ii) if elected, complete the unexpired term of the person who created the vacancy.
(d) The county central committee of each party shall:
(i) select a candidate or candidates from among those qualified candidates who have filed
declarations of candidacy; and
(ii) certify the name of the candidate or candidates to the county clerk at least 35 days before

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the regular primary election.
(4) (a) The requirements of this subsection apply when the office of county attorney or
district attorney becomes vacant and:
(i) the vacant office has an unexpired term of two years or more; and
(ii) 50 days or less remain before the regular primary election but more than 50 days remain
before the regular general election.
(b) When the conditions established in Subsection (4)(a) are met, the county central
committees of each registered political party that wish to submit a candidate for the office shall
summarily certify the name of one candidate to the county clerk for placement on the regular general
election ballot.
(c) The candidate elected shall complete the unexpired term of the person who created the
vacancy.
(5) (a) The requirements of this subsection apply when the office of county attorney or
district attorney becomes vacant and:
(i) the vacant office has an unexpired term of less than two years; or
(ii) the vacant office has an unexpired term of two years or more but 50 days or less remain
before the next regular general election.
(b) When the conditions established in Subsection (5)(a) are met, the county legislative body
shall give notice of the vacancy to the county central committee of the same political party of the
prior officeholder and invite that committee to submit the names of three nominees to fill the
vacancy.
(c) That county central committee shall, within 30 days of receiving notice from the county
legislative body, submit to the county legislative body the names of three nominees to fill the
vacancy.
(d) The county legislative body shall, within 45 days after the vacancy occurs, appoint one
of those nominees to serve out the unexpired term.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 45 days,
the county clerk shall send to the governor a letter that:

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(i) informs the governor that the county legislative body has failed to appoint a person to fill
the vacancy within the statutory time period; and
(ii) contains the list of nominees submitted by the party central committee.
(f) The governor shall appoint a person to fill the vacancy from that list of nominees within
30 days after receipt of the letter.
(g) A person appointed to fill the vacancy under Subsection (5) shall complete the unexpired
term of the person who created the vacancy.
(6) Nothing in this section prevents or prohibits independent candidates from filing a
declaration of candidacy for the office within the required time limits.
Section 9. Section 20A-1-509.2 is enacted to read:
20A-1-509.2. Procedure for filling vacancy in county or district with fewer than 15
attorneys.
(1) When a vacancy occurs in the office of county or district attorney in a county or district
having fewer than 15 attorneys who are licensed, active members in good standing with the Utah
State Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) The county clerk shall send a letter to each attorney residing in the county or district who
is a licensed, active member in good standing with the Utah State Bar and a registered voter that:
(a) informs the attorney of the vacancy;
(b) invites the attorney to apply for the vacancy; and
(c) informs the attorney that if the attorney has not responded within ten calendar days from
the date that the letter was mailed, his candidacy to fill the vacancy will not be considered.
(3) (a) (i) If, after ten calendar days from the date the letter was mailed, more than three
attorneys who are licensed, active members in good standing with the Utah State Bar and registered
voters in the county or district have applied for the vacancy, the county clerk shall, except as
provided in Subsection (3)(a)(ii), submit the applications to the county central committee of the same
political party of the prior officeholder.
(ii) In multicounty prosecution districts, the clerk shall submit the applications to the county
central committee of each county within the prosecution district.

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(b) The central committee shall nominate three of the applicants and forward their names
to the county legislative body within 20 days after the date the county clerk submitted the applicants'
names.
(c) The county legislative body shall appoint one of the nominees to fill the vacant position.
(d) If the central committee of the political party fails to submit at least three names to the
county legislative body within 20 days after the date the county clerk submitted the applicants'
names, the county legislative body shall appoint one of the applicants to fill the vacant position.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 120 days
after the vacancy occurs, the county clerk shall mail to the governor:
(i) a letter informing him that the county legislative body has failed to appoint a person to
fill the vacancy; and
(ii) (A) the list of nominees, if any, submitted by the central committee of the political party;
or
(B) if the party central committee has not submitted a list of at least three nominees within
the required time, the names of the persons who submitted applications for the vacant position to the
county clerk.
(f) The governor shall appoint a person to fill the vacancy from the list within 30 days after
receipt of the letter.
(4) (a) If, after ten calendar days from the date the letter was mailed, three or fewer attorneys
who are licensed, active members in good standing with the Utah State Bar and registered voters in
the county or district have applied for the vacancy, the county legislative body may:
(i) appoint one of them to be county or district attorney; or
(ii) solicit additional applicants and appoint a county or district attorney as provided in
Subsection (4)(b).
(b) (i) If three or fewer attorneys who are licensed members in good standing of the Utah
State Bar and registered voters in the county or district submit applications, the county legislative
body may publicly solicit and accept additional applications for the position from licensed, active
members in good standing of the Utah State Bar who are not residents of the county or prosecution

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district.
(ii) The county legislative body shall consider the applications submitted by the attorneys
who are residents of and registered voters in the county or prosecution district and the applications
submitted by the attorneys who are not residents of the county or prosecution district and shall
appoint one of the applicants to be county attorney or district attorney.
(c) If the legislative body fails to appoint a person to fill the vacancy within 120 days after
the vacancy occurs, the county clerk shall:
(i) notify the governor that the legislative body has failed to fill the vacancy within the
required time period; and
(ii) provide the governor with a list of all the applicants.
(d) The governor shall appoint a person to fill the vacancy within 30 days after he receives
the notification.
(5) The person appointed to fill the vacancy shall serve for the unexpired term of the person
who created the vacancy.
Section 10. Section 20A-1-509.3 is enacted to read:
20A-1-509.3. Procedure for making interim replacement.
(1) Until the vacancy is filled as provided in Section 20A-1-509.1 or 20A-1-509.2 and the
new county attorney or district attorney has qualified, the county legislative body may appoint an
interim replacement to fill the vacant office by following the procedures and requirements of this
subsection.
(a) The county legislative body shall appoint a deputy county or district attorney to serve
as acting county or district attorney if there are at least three deputies in the office that has the
vacancy.
(b) The county legislative body may contract with any member of the Utah State Bar in good
standing to be acting county or district attorney if:
(i) there are not at least three deputies in the office that has the vacancy; or
(ii) there are three or more deputies in the office but none of the deputies is willing to serve.
(2) A person appointed as interim replacement under this section shall hold office until his

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successor is selected and has qualified.
Section 11. Section 20A-6-302 is amended to read:
20A-6-302. Placement of candidates' names on paper ballots.
(1) Each election officer shall ensure, for paper ballots in regular general elections, that:
(a) except for candidates for state school board and local school boards:
(i) each candidate is listed by party; and
(ii) candidates' surnames are listed in alphabetical order on the ballots when two or more
candidates' names are required to be listed on a ticket under the title of an office;
(b) the names of candidates for the State Board of Education are placed on the ballot as
certified by the lieutenant governor under Section 20A-14-105;
(c) if candidates for membership on a local board of education were selected in a regular
primary election, the name of the candidate who received the most votes in the regular primary
election is listed first on the ballot; and
(d) if candidates for membership on a local board of education were not selected in the
regular primary election, the names of the candidates are listed on the ballot in the order determined
by a lottery conducted by the county clerk.
(2) (a) The election officer may not allow the name of a candidate who dies or withdraws
before election day to be printed upon the ballots.
(b) If the ballots have already been printed, the election officer:
(i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a line
through the candidate's name before the ballots are delivered to voters; and
(ii) may not count any votes for that dead or withdrawn candidate.
(3) (a) When there is only one candidate for county attorney at the regular general election
in counties that have three or fewer registered voters of the county who are licensed active members
in good standing of the Utah State Bar, the county clerk shall cause that candidate's name and party
affiliation, if any, to be placed on a separate section of the ballot with the following question: "Shall
(name of candidate) be elected to the office of county attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is elected

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to the office of county attorney.
(c) If the number of "No" votes [for the candidate] exceeds the number of "Yes" votes [for
the candidate], the candidate is not elected and may not take office, nor may he continue in the office
past the end of the term resulting from any prior election or appointment.
(d) When the name of only one candidate for county attorney is printed on the ballot under
authority of Subsection (3), the county clerk may not count any write-in votes received for the office
of county attorney.
(e) If no qualified person files for the office of county attorney [as provided in Section
20A-9-202] or if the candidate is not elected by the voters, the county [governing] legislative body
shall appoint the county attorney as provided in Section [20A-1-509] 20A-1-509.2.
(4) (a) When there is only one candidate for district attorney at the regular general election
in a prosecution district that has three or fewer registered voters of the district who are licensed
active members in good standing of the Utah State Bar, the county clerk shall cause that candidate's
name and party affiliation, if any, to be placed on a separate section of the ballot with the following
question: "Shall (name of candidate) be elected to the office of district attorney? Yes ____ No ____."
[(5)] (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of district attorney.
[(6)] (c) If the number of "No" votes [for the candidate] exceeds the number of "Yes" votes
[for the candidate], the candidate is not elected and may not take office, nor may he continue in the
office past the end of the term resulting from any prior election or appointment.
(d) When the name of only one candidate for district attorney is printed on the ballot under
authority of Subsection (4), the county clerk may not count any write-in votes received for the office
of district attorney.
[(7)] (e) If no qualified person files for the office of district attorney, or if the only candidate
is not [retained] elected by the voters under this [section] subsection, the county legislative body
shall appoint a new district attorney for a four-year term as provided in Section [20A-1-509]
20A-1-509.2.
Section 12. Section 20A-9-201 is amended to read:

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20A-9-201. Declarations of candidacy -- Candidacy for more than one office prohibited
-- General filing and form requirements.
(1) Before filing a declaration of candidacy for election to any office, a person shall:
(a) be a United States citizen; and
(b) meet the legal requirements of that office.
(2) A person may not file for, or be a candidate for, more than one elective office during any
election year.
(3) If the final date established for filing a declaration of candidacy is a Saturday or Sunday,
the filing time shall be extended until 5 p.m. on the following Monday.
(4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those requirements.
(ii) Before accepting a declaration of candidacy for the office of county attorney, the county
clerk shall ensure that the person filing that declaration of candidacy is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good standing
of the Utah State Bar;
(C) a registered voter in the county in which he is seeking office; and
(D) a current resident of the county in which he is seeking office and either has been a
resident of that county for at least one year or was appointed and is currently serving as county
attorney and became a resident of the county within 30 days after appointment to the office.
(iii) Before accepting a declaration of candidacy for the office of district attorney, the county
clerk shall ensure that, as of the date of the election, the person filing that declaration of candidacy
is:
(A) a United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good standing

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of the Utah State Bar;
(C) a registered voter in the prosecution district in which he is seeking office; and
(D) a current resident of the prosecution district in which he is seeking office and either will
have been a resident of that prosecution district for at least one year as of the date of the election or
was appointed and is currently serving as district attorney and became a resident of the prosecution
district within 30 days after receiving appointment to the office.
(b) If the prospective candidate states that he does not meet the qualification requirements
for the office, the filing officer may not accept the prospective candidate's declaration of candidacy.
(c) If the candidate states that he meets the requirements of candidacy, the filing officer
shall:
(i) accept the candidate's declaration of candidacy; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of the declaration
of candidacy to the chair of the county or state political party of which the candidate is a member.
(5) The form of the declaration of candidacy shall be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of ____ as
a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that 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; and I will qualify for the office if elected to it.
____________________________________________________________________
Subscribed and sworn before me this ____ day of ____, 19__.

_________________________________________________

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

(6) (a) The fee for filing a declaration of candidacy is:
(i) $25 for candidates for the local school district board; and
(ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person holding
the office, but not less than $5, for all other federal, state, and county offices.

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(b) The filing officer shall refund the filing fee to any candidate:
(i) who is disqualified; or
(ii) who the filing officer determines has filed improperly.
(c) (i) The county clerk shall immediately pay to the county treasurer all fees received from
candidates.
(ii) The lieutenant governor shall:
(A) apportion to and pay to the county treasurers of the various counties all fees received for
filing of nomination certificates or acceptances; and
(B) ensure that each county receives that proportion of the total amount paid to the lieutenant
governor from the congressional district that the total vote of that county for all candidates for
representative in Congress bears to the total vote of all counties within the congressional district for
all candidates for representative in Congress.
(d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
impecuniosity filed with the filing officer.
(ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
substantially the following form:
"Affidavit of Impecuniosity
Individual Name ____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
I am unable to pay the filing fee required by law.
Date ______________ Signature________________________________________________
Affiant
Subscribed and sworn to before me on ___________(date)

______________________

(signature)

Name and Title of Officer Authorized to Administer Oath:"

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(7) Any person who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
Section 13. Section 20A-9-602 is enacted to read:
20A-9-602. Write-in candidacy and voting prohibited in certain circumstances.
In elections for county attorney or district attorney that meet the requirements of Subsections
20A-6-302(3) and (4), a person may not file a declaration of candidacy as a write-in candidate under
this part and the county clerk may not count any write-in votes received for the office of county or
district attorney.
Section 14. Repealer.
This act repeals:
Section 17-16-6.7, Election of district attorney -- Conditions precedent to filing of
declaration of candidacy.

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