H.B. 61

1

CANDIDATES NOT AFFILIATED WITH A
2 PARTY
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael E. Noel
6 This act modifies the Election Code by modifying the requirements for a certificate of
7 nomination for candidates not affiliated with a political party.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 20A-9-502, as last amended by Chapter 75, Laws of Utah 2000
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 20A-9-502 is amended to read:
13 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification.
14 (1) The candidate shall:
15 (a) prepare a certificate of nomination in substantially the following form:
16 "State of Utah, County of ______________________________________________
17 I, ______________, declare my intention of becoming an unaffiliated candidate for the
18 political group designated as ____ for the office of ____. I do solemnly swear that I can
19 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
20 Street, in the city of ____, county of ____, state of Utah, zip code ____, phone ____, and that I
21 am providing, or have provided, the required number of signatures of registered voters required
22 by law; that as a candidate at the next election I will not knowingly violate any election or
23 campaign law, and that I will qualify for the office if I am elected to it.
24

__________________________________________

25

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

26

__________________________________________

27

Notary Public (or other officer

28

qualified to administer oaths)"; and

29 (b) attach signature sheets to the certificate that contain a place for the registered
30 voter's signature, a place for the registered voter to print his name, and a place for the registered
31 voter's address.
32 (2) (a) The candidate shall circulate the nomination petition and submit it to the county
33 clerk for certification when the petition has been completed by:
34 (i) at least 1,000 registered voters residing within the state when the nomination is for
35 an office to be filled by the voters of the entire state; or
36 (ii) at least 300 registered voters residing within a political division or at least 5% of
37 the registered voters residing within a political division, whichever is less, when the
38 nomination is for an office to be filled by the voters of any political division smaller than the
39 state.
40 (b) In reviewing the petition, the county clerk shall count and certify only those persons
41 who signed the petition who:
42 (i) are registered voters within the political division that the candidate seeks to
43 represent; and
44 (ii) did not sign any other certificate of nomination for that office.
45 (c) The candidate may supplement or amend the certificate of nomination at any time
46 on or before the filing deadline.




Legislative Review Note
as of 12-16-02 3:52 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel