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H.B. 61






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.

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


Notary Public (or other officer

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

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