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S.B. 241

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 13, 2007 at 10:27 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 26, 2007 at 10:05 AM by ddonat. -->              1     

ELECTION LAW MODIFICATIONS

             2     
2007 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Peter C. Knudson

             5     
House Sponsor: Fred R. Hunsaker

             6     

             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions in the Election Code.
             10      Highlighted Provisions:
             11          This bill:
             12          .    permits the election officer to process and count absentee ballots prior to the date of
             13      the canvass, provided that the election officer does not release the results of the
             14      count until the time of the canvass;
             15          .    requires each election officer to publicly release the results of all absentee ballots
             16      counted as of the date of the election;
             17          .    requires each election officer to publicly release, on the date after the election:
             18              .    the number of absentee ballots received by the election officer as of that time;
             19      and
             20              .    the number of provisional ballots that were cast in the election within the
             21      election officer's jurisdiction;
             22          .    permits the election officer, during the period between the election and the date of
             23      the canvass, to publicly update the number of absentee ballots that the election
             24      officer has received;
             25          .    requires the lieutenant governor to certify the name of each candidate as it appears
             26      on the candidate's declaration of candidacy;
             27          .    prohibits the amendment or modification of a declaration of candidacy or



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House Floor Amendments 2-26-2007 dd/enw
             28
     nomination petition after the last date established for filing a declaration of candidacy;
             29          .    requires election officers that accept declarations of candidacy to inform the
             30      candidate that the candidate's name will appear on the ballot as it appears on the
             31      declaration of candidacy;
             32          .    moves the last day to declare candidacy for the Western States Presidential Primary
             33      from January 15 to October 15 of the previous year; H. [ and ]
             33a          . amends language relating to the election of members of Congress; and .H
             34          .    makes H. other .H technical changes.
             35      Monies Appropriated in this Bill:
             36          None
             37      Other Special Clauses:
             38          None
             39      Utah Code Sections Affected:
             40      AMENDS:
             41          20A-3-309, as enacted by Chapter 1, Laws of Utah 1993
             42          20A-4-202, as last amended by Chapter 105, Laws of Utah 2005
             43          20A-9-201, as last amended by Chapter 226, Laws of Utah 2006
             44          20A-9-203, as last amended by Chapters 28 and 226, Laws of Utah 2006
             45          20A-9-701, as last amended by Chapter 77, Laws of Utah 2003
             46          20A-9-803, as last amended by Chapter 355, Laws of Utah 2006
             46a           H. 20A-13-101 (Contingently Effective), as repealed and reenacted by Chapter 1, Laws
             46b      of Utah 2006, Fifth Special Session .H
             47     

             48      Be it enacted by the Legislature of the state of Utah:
             49          Section 1. Section 20A-3-309 is amended to read:
             50           20A-3-309. Absentee ballots in the custody of the election officer -- Disposition --
             51      Counting -- Release of total number canvass.
             52          (1) The election officer shall deliver all envelopes containing valid absentee ballots
             53      that are in the election officer's custody to the place of the official canvass of the election by
             54      noon on the day of the official canvass following the election.
             55          (2) (a) Absentee ballots may be processed and counted:
             56          (i) by the election officer before the date of the canvass; and
             57          [(2) At] (ii) at the canvass, [election judges] by the election officer or poll workers,



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             58
     acting under the supervision of the official canvassers of the election[,].
             59          (b) When processing ballots, the election officer and poll workers shall comply with
             60      the procedures and requirements of Section 20A-3-308 in opening envelopes, verifying
             61      signatures, confirming eligibility of the ballots, and depositing them in a ballot box.
             62          (3) (a) After all valid absentee ballots have been deposited, [they] the absentee ballots
             63      shall be counted in the usual manner [and].
             64          (b) After the polls close on the date of the election, the election officer shall publicly
             65      release the results of those absentee ballots that have been counted on or before the date of the
             66      election.
             67          (c) The election officer may not release any results from those absentee ballots that are
             68      counted after the date of the election through the date of the canvass.
             69          (d) On the date of the canvass, the election officer shall provide a tally of all absentee
             70      ballots counted, and the resulting tally shall be added to the official canvass of the election.
             71          (4) (a) On the day after the date of the election, the election officer shall determine the
             72      number of absentee ballots received by the election officer at that time and shall make that
             73      number available to the public.
             74          (b) The election officer may elect to publicly release updated totals for the number of
             75      absentee ballots received by the election officer up through the date of the canvass.
             76          Section 2. Section 20A-4-202 is amended to read:
             77           20A-4-202. Election officers -- Disposition of ballots.
             78          (1) (a) Upon receipt of the election returns from an election judge, the election officer
             79      shall:
             80          (i) ensure that the election judge has provided all of the ballots and election returns;
             81          (ii) inspect the ballots and election returns to ensure that they are sealed;
             82          (iii) (A) for paper ballots, deposit and lock the ballots and election returns in a safe and
             83      secure place; or
             84          (B) for punch card ballots:
             85          (I) count the ballots; and
             86          (II) deposit and lock the ballots and election returns in a safe and secure place; and
             87          (iv) for bond elections, provide a copy of the election results to the board of canvassers
             88      of the local political subdivision that called the bond election.
             89          (b) Inspecting poll watchers appointed as provided in Section 20A-3-201 may be



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Senate Committee Amendments 2-13-2007 rd/enw
             90
     present and observe the election officer's receipt, inspection, and deposit of the ballots and
             91      election returns.
             92          (2) Each election officer shall:
             93          (a) no later than 5 p.m. H. S. [ [ ] on the day [ ] ] [ three days ] .S .H after the date
             93a1      of the election,
             93a      determine the number
             94      of provisional ballots cast within the election officer's jurisdiction and make that number
             95      available to the public;
             96          [(a)] (b) preserve ballots for 22 months after the election or until the time has expired
             97      during which the ballots could be used in an election contest;
             98          [(b)] (c) package and seal a true copy of the ballot label used in each voting precinct;
             99          [(c)] (d) preserve all other official election returns for at least 22 months after an
             100      election; and
             101          [(d)] (e) after that time, destroy them without opening or examining them.
             102          (3) (a) The election officer shall package and retain all tabulating cards and other
             103      materials used in the programming of the automatic tabulating equipment.
             104          (b) The election officer:
             105          (i) may access these tabulating cards and other materials;
             106          (ii) may make copies of these materials and make changes to the copies;
             107          (iii) may not alter or make changes to the materials themselves; and
             108          (iv) within 22 months after the election in which they were used, may dispose of those
             109      materials or retain them.
             110          (4) (a) If an election contest is begun within 12 months, the election officer shall:
             111          (i) keep the ballots and election returns unopened and unaltered until the contest is
             112      complete; or
             113          (ii) surrender the ballots and election returns to the custody of the court having
             114      jurisdiction of the contest when ordered or subpoenaed to do so by that court.
             115          (b) When all election contests arising from an election are complete, the election
             116      officer shall either:
             117          (i) retain the ballots and election returns until the time for preserving them under this
             118      section has run; or
             119          (ii) destroy the ballots and election returns remaining in his custody without opening or
             120      examining them if the time for preserving them under this section has run.



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             121
         Section 3. Section 20A-9-201 is amended to read:
             122           20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
             123      more than one political party prohibited with exceptions -- General filing and form
             124      requirements.
             125          (1) Before filing a declaration of candidacy for election to any office, a person shall:
             126          (a) be a United States citizen; and
             127          (b) meet the legal requirements of that office.
             128          (2) (a) Except as provided in Subsection (2)(b), a person may not:
             129          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
             130      Utah during any election year; or
             131          (ii) appear on the ballot as the candidate of more than one political party.
             132          (b) A person may file a declaration of candidacy for, or be a candidate for, President or
             133      Vice President of the United States and another office, if the person resigns the person's
             134      candidacy for the other office after the person is officially nominated for President or Vice
             135      President of the United States.
             136          (3) If the final date established for filing a declaration of candidacy is a Saturday or
             137      Sunday, the filing time shall be extended until 5 p.m. on the following business day.
             138          (4) (a) (i) Except for presidential candidates, before the filing officer may accept any
             139      declaration of candidacy, the filing officer shall:
             140          (A) read to the prospective candidate the constitutional and statutory qualification
             141      requirements for the office that the candidate is seeking; and
             142          (B) require the candidate to state whether or not the candidate meets those
             143      requirements.
             144          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
             145      county clerk shall ensure that the person filing that declaration of candidacy is:
             146          (A) a United States citizen;
             147          (B) an attorney licensed to practice law in Utah who is an active member in good
             148      standing of the Utah State Bar;
             149          (C) a registered voter in the county in which he is seeking office; and
             150          (D) a current resident of the county in which he is seeking office and either has been a
             151      resident of that county for at least one year or was appointed and is currently serving as county



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             152
     attorney and became a resident of the county within 30 days after appointment to the office.
             153          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
             154      county clerk shall ensure that, as of the date of the election, the person filing that declaration of
             155      candidacy is:
             156          (A) a United States citizen;
             157          (B) an attorney licensed to practice law in Utah who is an active member in good
             158      standing of the Utah State Bar;
             159          (C) a registered voter in the prosecution district in which he is seeking office; and
             160          (D) a current resident of the prosecution district in which he is seeking office and either
             161      will have been a resident of that prosecution district for at least one year as of the date of the
             162      election or was appointed and is currently serving as district attorney and became a resident of
             163      the prosecution district within 30 days after receiving appointment to the office.
             164          (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
             165      county clerk shall ensure that the person filing the declaration of candidacy:
             166          (A) as of the date of filing:
             167          (I) is a United States citizen;
             168          (II) is a registered voter in the county in which the person seeks office;
             169          (III) (Aa) has successfully met the standards and training requirements established for
             170      law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
             171      Certification Act; or
             172          (Bb) has passed a certification examination as provided in Section 53-6-206 ; and
             173          (IV) is qualified to be certified as a law enforcement officer, as defined in Section
             174      53-13-103 ; and
             175          (B) as of the date of the election, shall have been a resident of the county in which the
             176      person seeks office for at least one year.
             177          (b) If the prospective candidate states that he does not meet the qualification
             178      requirements for the office, the filing officer may not accept the prospective candidate's
             179      declaration of candidacy.
             180          (c) If the candidate states that he meets the requirements of candidacy, the filing officer
             181      shall:
             182          (i) inform the candidate that the candidate's name will appear on the ballot as it is



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             183
     written on the declaration of candidacy;
             184          [(i)] (ii) provide the candidate with a copy of the pledge of fair campaign practices
             185      described under Section 20A-9-206 and inform the candidate that:
             186          (A) signing the pledge is voluntary; and
             187          (B) signed pledges shall be filed with the filing officer;
             188          [(ii)] (iii) accept the candidate's declaration of candidacy; and
             189          [(iii)] (iv) if the candidate has filed for a partisan office, provide a certified copy of the
             190      declaration of candidacy to the chair of the county or state political party of which the
             191      candidate is a member.
             192          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
             193      officer shall:
             194          (i) accept the candidate's pledge; and
             195          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
             196      candidate's pledge to the chair of the county or state political party of which the candidate is a
             197      member.
             198          (5) Except for presidential candidates, the form of the declaration of candidacy shall be
             199      substantially as follows:
             200          "State of Utah, County of ____
             201          I, ______________, declare my intention of becoming a candidate for the office of
             202      ____ as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that
             203      office, both legally and constitutionally, if selected; I reside at _____________ in the City or
             204      Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law
             205      governing campaigns and elections; and I will qualify for the office if elected to it. The
             206      mailing address that I designate for receiving official election notices is
             207      ___________________________.
             208      ____________________________________________________________________
             209          Subscribed and sworn before me this __________(month\day\year).
             210     
Notary Public (or other officer qualified to administer oath.)"

             211          (6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
             212      is:
             213          (i) $25 for candidates for the local school district board; and



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             214
         (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person
             215      holding the office, but not less than $5, for all other federal, state, and county offices.
             216          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
             217      any candidate:
             218          (i) who is disqualified; or
             219          (ii) who the filing officer determines has filed improperly.
             220          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
             221      from candidates.
             222          (ii) The lieutenant governor shall:
             223          (A) apportion to and pay to the county treasurers of the various counties all fees
             224      received for filing of nomination certificates or acceptances; and
             225          (B) ensure that each county receives that proportion of the total amount paid to the
             226      lieutenant governor from the congressional district that the total vote of that county for all
             227      candidates for representative in Congress bears to the total vote of all counties within the
             228      congressional district for all candidates for representative in Congress.
             229          (d) (i) Each person who is unable to pay the filing fee may file a declaration of
             230      candidacy without payment upon a prima facie showing of impecuniosity as evidenced by an
             231      affidavit of impecuniosity filed with the filing officer.
             232          (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
             233      substantially the following form:
             234          "Affidavit of Impecuniosity
             235      Individual Name
             236      ____________________________Address_____________________________
             237      Phone Number _________________
             238      I,__________________________(name), do solemnly [swear] [affirm] that, owing to my
             239      poverty, I am unable to pay the filing fee required by law.
             240      Date ______________ Signature________________________________________________
             241      Affiant
             242      Subscribed and sworn to before me on ___________ (month\day\year)
             243     
______________________

             244     
(signature)



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             245
         Name and Title of Officer Authorized to Administer Oath
_________________________"

             246          (7) Any person who fails to file a declaration of candidacy or certificate of nomination
             247      within the time provided in this chapter is ineligible for nomination to office.
             248          (8) A declaration of candidacy filed under this section may not be amended or
             249      modified after the final date established for filing a declaration of candidacy.
             250          Section 4. Section 20A-9-203 is amended to read:
             251           20A-9-203. Declarations of candidacy -- Municipal general elections.
             252          (1) (a) A person may become a candidate for any municipal office if the person is a
             253      registered voter and:
             254          (i) the person has resided within the municipality in which that person seeks to hold
             255      elective office for the 12 consecutive months immediately before the date of the election; or
             256          (ii) if the territory in which the person resides was annexed into the municipality, the
             257      person has resided within the annexed territory or the municipality for 12 months.
             258          (b) In addition to the requirements of Subsection (1)(a), candidates for a municipal
             259      council position under the council-mayor or council-manager alternative forms of municipal
             260      government shall, if elected from districts, be residents of the council district from which they
             261      are elected.
             262          (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
             263      incompetent person, any person convicted of a felony, or any person convicted of treason or a
             264      crime against the elective franchise may not hold office in this state until the right to hold
             265      elective office is restored under Section 20A-2-101.5 .
             266          (2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to
             267      become a candidate for a municipal office shall file a declaration of candidacy in person with
             268      the city recorder or town clerk during office hours and not later than 5 p.m. between July 15
             269      and August 15 of any odd numbered year and pay the filing fee, if one is required by municipal
             270      ordinance.
             271          (b) (i) As used in this Subsection (2)(b), "registered voters" means the number of
             272      persons registered to vote in the municipality on the January 1 of the municipal election year.
             273          (ii) A third, fourth, or fifth class city that used the convention system to nominate
             274      candidates in the last municipal election as authorized by Subsection 20A-9-404 (3) or used the
             275      process contained in this Subsection (2)(b) in the last municipal election or a town that used the



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             276
     convention system to nominate candidates in the last municipal election as authorized by
             277      Subsection 20A-9-404 (3) or used the process contained in this Subsection (2)(b) in the last
             278      municipal election may, by ordinance, require, in lieu of the convention system, that candidates
             279      for municipal office file a nominating petition signed by a percentage of registered voters at the
             280      same time that the candidate files a declaration of candidacy.
             281          (iii) The ordinance shall specify the number of signatures that the candidate must
             282      obtain on the nominating petition in order to become a candidate for municipal office under
             283      this Subsection (2), but that number may not exceed 5% of registered voters.
             284          (c) Any resident of a municipality may nominate a candidate for a municipal office by
             285      filing a nomination petition with the city recorder or town clerk during office hours but not
             286      later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing
             287      fee, if one is required by municipal ordinance.
             288          (d) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5
             289      p.m. on the following Monday.
             290          (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
             291      petition, the filing officer shall:
             292          (i) read to the prospective candidate or person filing the petition the constitutional and
             293      statutory qualification requirements for the office that the candidate is seeking; and
             294          (ii) require the candidate or person filing the petition to state whether or not the
             295      candidate meets those requirements.
             296          (b) If the prospective candidate does not meet the qualification requirements for the
             297      office, the filing officer may not accept the declaration of candidacy or nomination petition.
             298          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
             299      filing officer shall:
             300          (i) inform the candidate that the candidate's name will appear on the ballot as it is
             301      written on the declaration of candidacy;
             302          [(i)] (ii) provide the candidate with a copy of the pledge of fair campaign practices
             303      described under Section 20A-9-206 and inform the candidate that:
             304          (A) signing the pledge is voluntary; and
             305          (B) signed pledges shall be filed with the filing officer; and
             306          [(ii)] (iii) accept the declaration of candidacy or nomination petition.



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             307
         (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
             308      officer shall:
             309          (i) accept the candidate's pledge; and
             310          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
             311      candidate's pledge to the chair of the county or state political party of which the candidate is a
             312      member.
             313          (4) The declaration of candidacy shall substantially comply with the following form:
             314          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
             315      County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
             316      registered voter; and that I am a candidate for the office of ____ (stating the term). I request
             317      that my name be printed upon the applicable official ballots. (Signed) _______________
             318          Subscribed and sworn to (or affirmed) before me by ____ on this
             319      __________(month\day\year).
             320          (Signed) _______________ (Clerk or other officer qualified to administer oath)"
             321          (5) (a) In all first and second class cities, and in third, fourth, or fifth class cities that
             322      have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not
             323      passed the ordinance authorized by Subsection (2)(b), any registered voter may be nominated
             324      for municipal office by submitting a petition signed by:
             325          (i) 25 residents of the municipality who are at least 18 years old; or
             326          (ii) 20% of the residents of the municipality who are at least 18 years old.
             327          (b) (i) The petition shall substantially conform to the following form:
             328     
"NOMINATION PETITION

             329          The undersigned residents of (name of municipality) being 18 years old or older
             330      nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
             331      applicable)."
             332          (ii) The remainder of the petition shall contain lines and columns for the signatures of
             333      persons signing the petition and their addresses and telephone numbers.
             334          (6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized
             335      by Subsection (2)(b), and in towns that have passed the ordinance authorized by Subsection
             336      (2)(b), any registered voter may be nominated for municipal office by submitting a petition
             337      signed by the same percentage of registered voters in the municipality as required by the



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             338
     ordinance passed under authority of Subsection (2)(b).
             339          (b) (i) The petition shall substantially conform to the following form:
             340          "NOMINATION PETITION
             341          The undersigned residents of (name of municipality) being 18 years old or older
             342      nominate (name of nominee) to the office of (name of office) for the (two or four-year term,
             343      whichever is applicable)."
             344          (ii) The remainder of the petition shall contain lines and columns for the signatures of
             345      persons signing the petition and their addresses and telephone numbers.
             346          (7) If the declaration of candidacy or nomination petition fails to state whether the
             347      nomination is for the two or four-year term, the clerk shall consider the nomination to be for
             348      the four-year term.
             349          (8) (a) The clerk shall verify with the county clerk that all candidates are registered
             350      voters.
             351          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
             352      print the candidate's name on the ballot.
             353          (9) Immediately after expiration of the period for filing a declaration of candidacy, the
             354      clerk shall:
             355          (a) cause the names of the candidates as they will appear on the ballot to be published
             356      in at least two successive publications of a newspaper with general circulation in the
             357      municipality; and
             358          (b) notify the lieutenant governor of the names of the candidates as they will appear on
             359      the ballot.
             360          (10) A declaration of candidacy or nomination petition filed under this section may not
             361      be amended after the expiration of the period for filing a declaration of candidacy.
             362          [(10)] (11) (a) A declaration of candidacy or nomination petition filed under this
             363      section is valid unless a written objection is filed with the clerk within five days after the last
             364      day for filing.
             365          (b) If an objection is made, the clerk shall:
             366          (i) mail or personally deliver notice of the objection to the affected candidate
             367      immediately; and
             368          (ii) decide any objection within 48 hours after it is filed.



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             369
         (c) If the clerk sustains the objection, the candidate may correct the problem by
             370      amending the declaration or petition within three days after the objection is sustained or by
             371      filing a new declaration within three days after the objection is sustained.
             372          (d) (i) The clerk's decision upon objections to form is final.
             373          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
             374      prompt application is made to the district court.
             375          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
             376      of its discretion, agrees to review the lower court decision.
             377          [(11)] (12) Any person who filed a declaration of candidacy and was nominated, and
             378      any person who was nominated by a nomination petition, may, any time up to 23 days before
             379      the election, withdraw the nomination by filing a written affidavit with the clerk.
             380          Section 5. Section 20A-9-701 is amended to read:
             381           20A-9-701. Certification of party candidates to county clerks.
             382          (1) By September 3 of each regular general election year, the lieutenant governor shall
             383      certify to each county clerk the names of each candidate, including candidates for president and
             384      vice president, certified by each registered political party as that party's nominees for offices to
             385      be voted upon at the regular general election in that county clerk's county.
             386          (2) The names shall be certified by the lieutenant governor and shall be displayed on
             387      the ballot as they are provided on the candidate's declaration of candidacy.
             388          Section 6. Section 20A-9-803 is amended to read:
             389           20A-9-803. Declaration of candidacy -- Filing fee -- Form.
             390          (1) (a) Candidates for President of the United States who are affiliated with a registered
             391      political party in Utah that has elected to participate in Utah's Western States Presidential
             392      Primary and who wish to participate in the primary shall:
             393          (i) except as provided in Subsection (1)(b), file a declaration of candidacy, in person or
             394      via a designated agent, with the lieutenant governor between July 1 of the year before the
             395      primary election will be held and 5 p.m. on [January] October 15 of the year [in which] before
             396      the primary election will be held;
             397          (ii) identify the registered political party whose nomination the candidate is seeking;
             398          (iii) provide a letter from the registered political party certifying that the candidate may
             399      participate as a candidate for that party in that party's presidential primary election; and



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House Floor Amendments 2-26-2007 dd/enw
             400
         (iv) pay the filing fee of $500.
             401          (b) If [January] October 15 falls on a Saturday, Sunday, or holiday, the filing time shall
             402      be extended until 5 p.m. on the following business day.
             403          (2) The lieutenant governor shall develop a declaration of candidacy form for
             404      presidential candidates participating in the primary.
             404a           H. Section 7. Section 20A-13-101 is amended to read:
             404b           20A-13-101 (Contingently Effective).   Representatives to the United States Congress -- Four
             404c      representative districts -- When elected -- District boundaries.
             404d          (1) (a) Utah is divided into four districts for the election of representatives to the Congress of
             404e      the United States, with one member to be elected from each Congressional district.
             404f           [ (b) At each general election held after December 5, 2006, and at any special election called by
             404g      the governor to elect one or more members of Congress held within one year after December 5, 2006,
             404h      one representative from each Congressional district shall be elected to serve in the Congress of the
             404i      United States. ]
             404j           (b) (i) At the general election to be held in 2008, and biennially thereafter, one representative
             404k      from each Congressional district shall be elected to serve in the Congress of the United States.
             404l          (ii) At any special election called by the governor to elect one or more members of Congress
             404m      held within one year after December 5, 2006, one representative from each Congressional district
             404n      designated in the special election declaration shall be elected to serve in the Congress of the United
             404o      States.
             404p           (2) (a) The Legislature adopts the official census population figures and maps of the Bureau of
             404q      the Census of the United States Department of Commerce developed in connection with the taking of
             404r      the 2000 national decennial census as the official data for establishing Congressional district
             404s      boundaries.
             404t          (b) The numbers and boundaries of the Congressional districts are designated and established
             404u      by the maps attached to the bill that enacts this section. .H





Legislative Review Note
    as of 2-7-07 1:02 PM


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