Second Substitute H.B. 194

Representative Joseph G. Murray proposes the following substitute bill:

1 SHERIFF CERTIFICATION REQUIREMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Joseph G. Murray
5 This act modifies candidacy requirements for the office of county sheriff to require a
6 candidate for county sheriff to have successfully met certain standards and training or to
7 have been passed a certification examination and to be qualified to be certified as a law
8 enforcement officer at the time the person files a declaration of candidacy. The act
9 modifies qualification requirements for a county sheriff. The act requires county clerks
10 to ensure that persons filing a declaration of candidacy for county sheriff meet the
11 qualifications for office. The act also makes technical changes.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 17-22-1.5, as last amended by Chapter 282, Laws of Utah 1998
15 20A-9-201, as last amended by Chapter 75, Laws of Utah 2000
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 17-22-1.5 is amended to read:
18 17-22-1.5. County sheriff qualifications.
19 (1) Each person filing a declaration of candidacy for the office of county sheriff shall:
20 (a) (i) have successfully met the standards and training requirements established for
21 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
22 Certification; or
23 (ii) have passed a certification examination as provided in Section 53-6-206 ; and
24 (b) be qualified to be certified as a law enforcement officer, as defined in Section
25 53-13-103 .

26 [(1)] (2) In addition to the general qualifications required of county officers by Title 17,
27 Chapter 16, County Officers, each county sheriff [must meet each of the following
28 qualifications during his term of office] shall:
29 (a) [Prior to] at the time of taking office[, a county sheriff must]:
30 (i) (A) have successfully met the standards and training requirements established for
31 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
32 Certification; or
33 (B) have passed a certification examination as provided in Section 53-6-206 ; and
34 (ii) be qualified to be certified as a law enforcement officer [according to procedures
35 and requirements of Title 53, Chapter 6, Peace Officer Standards and Training, and shall], as
36 defined in Section 53-13-103 ; and
37 (b) satisfactorily complete annual certified training as required in Section 53-13-103 [.];
38 and
39 [(b) After] (c) after certification[, each county sheriff must] as provided in Subsection
40 (2)(a), remain certified as a law enforcement officer during [his] the sheriff's term of office.
41 [(2)] (3) The county legislative body shall declare the office of sheriff to be vacant if at
42 any time the incumbent sheriff fails to meet the legal qualifications for office under Subsection
43 [(1)] (2).
44 Section 2. Section 20A-9-201 is amended to read:
45 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
46 more than one political party prohibited with exceptions -- General filing and form
47 requirements.
48 (1) Before filing a declaration of candidacy for election to any office, a person shall:
49 (a) be a United States citizen; and
50 (b) meet the legal requirements of that office.
51 (2) (a) Except as provided in Subsection (2)(b), a person may not:
52 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
53 Utah during any election year; or
54 (ii) appear on the ballot as the candidate of more than one political party.
55 (b) A person may file a declaration of candidacy for, or be a candidate for, President or
56 Vice President of the United States and another office, if the person resigns the person's

57 candidacy for the other office after the person is officially nominated for President or Vice
58 President of the United States.
59 (3) If the final date established for filing a declaration of candidacy is a Saturday or
60 Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
61 (4) (a) (i) Except for presidential candidates, before the filing officer may accept any
62 declaration of candidacy, the filing officer shall:
63 (A) read to the prospective candidate the constitutional and statutory qualification
64 requirements for the office that the candidate is seeking; and
65 (B) require the candidate to state whether or not the candidate meets those
66 requirements.
67 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
68 county clerk shall ensure that the person filing that declaration of candidacy is:
69 (A) a United States citizen;
70 (B) an attorney licensed to practice law in Utah who is an active member in good
71 standing of the Utah State Bar;
72 (C) a registered voter in the county in which he is seeking office; and
73 (D) a current resident of the county in which he is seeking office and either has been a
74 resident of that county for at least one year or was appointed and is currently serving as county
75 attorney and became a resident of the county within 30 days after appointment to the office.
76 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
77 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
78 candidacy is:
79 (A) a United States citizen;
80 (B) an attorney licensed to practice law in Utah who is an active member in good
81 standing of the Utah State Bar;
82 (C) a registered voter in the prosecution district in which he is seeking office; and
83 (D) a current resident of the prosecution district in which he is seeking office and either
84 will have been a resident of that prosecution district for at least one year as of the date of the
85 election or was appointed and is currently serving as district attorney and became a resident of
86 the prosecution district within 30 days after receiving appointment to the office.
87 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the

88 county clerk shall ensure that the person filing the declaration of candidacy:
89 (A) as of the date of filing:
90 (I) is a United States Citizen;
91 (II) is a registered voter in the county in which the person seeks office;
92 (III) (aa) has successfully met the standards and training requirements established for
93 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
94 Certification; or
95 (bb) has passed a certification examination as provided in Section 53-6-206 ; and
96 (IV) is qualified to be certified as a law enforcement officer, as defined in 53-13-103 ;
97 and
98 (B) as of the date of the election, shall have been a resident of the county in which the
99 person seeks office for at least one year.
100 (b) If the prospective candidate states that he does not meet the qualification
101 requirements for the office, the filing officer may not accept the prospective candidate's
102 declaration of candidacy.
103 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
104 shall:
105 (i) accept the candidate's declaration of candidacy; and
106 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
107 declaration of candidacy to the chair of the county or state political party of which the
108 candidate is a member.
109 (5) Except for presidential candidates, the form of the declaration of candidacy shall be
110 substantially as follows:
111 "State of Utah, County of ____
112 I, ______________, declare my intention of becoming a candidate for the office of
113 ____ as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that
114 office, both legally and constitutionally, if selected; I reside at _____________ in the City or
115 Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law
116 governing campaigns and elections; and I will qualify for the office if elected to it. The
117 mailing address that I designate for receiving official election notices is
118 ___________________________.

119 ____________________________________________________________________
120 Subscribed and sworn before me this __________(month\day\year).
121

_________________________________________________

122

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

123 (6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
124 is:
125 (i) $25 for candidates for the local school district board; and
126 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
127 holding the office, but not less than $5, for all other federal, state, and county offices.
128 (b) Except for presidential candidates, the filing officer shall refund the filing fee to any
129 candidate:
130 (i) who is disqualified; or
131 (ii) who the filing officer determines has filed improperly.
132 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
133 from candidates.
134 (ii) The lieutenant governor shall:
135 (A) apportion to and pay to the county treasurers of the various counties all fees
136 received for filing of nomination certificates or acceptances; and
137 (B) ensure that each county receives that proportion of the total amount paid to the
138 lieutenant governor from the congressional district that the total vote of that county for all
139 candidates for representative in Congress bears to the total vote of all counties within the
140 congressional district for all candidates for representative in Congress.
141 (d) (i) Each person who is unable to pay the filing fee may file a declaration of
142 candidacy without payment upon a prima facie showing of impecuniosity as evidenced by an
143 affidavit of impecuniosity filed with the filing officer.
144 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
145 substantially the following form:
146 "Affidavit of Impecuniosity
147 Individual Name
148 ____________________________Address_____________________________
149 Phone Number _________________

150 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my
151 poverty, I am unable to pay the filing fee required by law.
152 Date ______________ Signature________________________________________________
153 Affiant
154 Subscribed and sworn to before me on ___________ (month\day\year)
155

______________________

156

(signature)

157 Name and Title of Officer Authorized to Administer Oath

_________________________"

158 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
159 within the time provided in this chapter is ineligible for nomination to office.