1     
CANDIDATE DISCLOSURE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David E. Lifferth

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to a candidate's disclosure requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a candidate to make certain disclosures relating to criminal convictions,
13     pending criminal charges, protection orders, and bankruptcy;
14          ▸     imposes a fine and requires public notification for a violation of the provisions of
15     this bill; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-9-201, as last amended by Laws of Utah 2014, Chapter 17
24          20A-9-203, as last amended by Laws of Utah 2014, Chapter 38
25     ENACTS:
26          20A-9-207, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 20A-9-201 is amended to read:
30          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
31     more than one political party prohibited with exceptions -- General filing and form
32     requirements -- Affidavit of impecuniosity.
33          (1) Before filing a declaration of candidacy for election to any office, a person shall:
34          (a) be a United States citizen;
35          (b) meet the legal requirements of that office; and
36          (c) if seeking a registered political party's nomination as a candidate for elective office,
37     designate that registered political party as their preferred party affiliation on their declaration of
38     candidacy.
39          (2) (a) Except as provided in Subsection (2)(b), a person may not:
40          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
41     Utah during any election year; or
42          (ii) appear on the ballot as the candidate of more than one political party.
43          (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
44     or vice president of the United States and another office, if the person resigns the person's
45     candidacy for the other office after the person is officially nominated for president or vice
46     president of the United States.
47          (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
48     one justice court judge office.
49          (iii) A person may file a declaration of candidacy for lieutenant governor even if the
50     person filed a declaration of candidacy for another office in the same election year if the person
51     withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
52     before filing the declaration of candidacy for lieutenant governor.
53          (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
54     declaration of candidacy, the filing officer shall:
55          (A) read to the prospective candidate the constitutional and statutory qualification
56     requirements for the office that the candidate is seeking; and
57          (B) require the candidate to state whether [or not] the candidate meets those
58     requirements.

59          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
60     county clerk shall ensure that the person filing that declaration of candidacy is:
61          (A) a United States citizen;
62          (B) an attorney licensed to practice law in Utah who is an active member in good
63     standing of the Utah State Bar;
64          (C) a registered voter in the county in which the person is seeking office; and
65          (D) a current resident of the county in which the person is seeking office and either has
66     been a resident of that county for at least one year or was appointed and is currently serving as
67     county attorney and became a resident of the county within 30 days after appointment to the
68     office.
69          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
70     county clerk shall ensure that, as of the date of the election, the person filing that declaration of
71     candidacy is:
72          (A) a United States citizen;
73          (B) an attorney licensed to practice law in Utah who is an active member in good
74     standing of the Utah State Bar;
75          (C) a registered voter in the prosecution district in which the person is seeking office;
76     and
77          (D) a current resident of the prosecution district in which the person is seeking office
78     and either will have been a resident of that prosecution district for at least one year as of the
79     date of the election or was appointed and is currently serving as district attorney and became a
80     resident of the prosecution district within 30 days after [receiving appointment] the day on
81     which the person was appointed to the office of district attorney.
82          (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
83     county clerk shall ensure that the person filing the declaration of candidacy:
84          (A) as of the date of filing:
85          (I) is a United States citizen;
86          (II) is a registered voter in the county in which the person seeks office;
87          (III) (Aa) has successfully met the standards and training requirements established for
88     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
89     Certification Act; or

90          (Bb) has met the waiver requirements in Section 53-6-206; and
91          (IV) is qualified to be certified as a law enforcement officer, as defined in Section
92     53-13-103; and
93          (B) as of the date of the election, shall have been a resident of the county in which the
94     person seeks office for at least one year.
95          (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
96     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
97     Education member, the filing officer shall ensure:
98          (A) that the person filing the declaration of candidacy also files the financial disclosure
99     required by Section 20A-11-1603; and
100          (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
101     provided to the lieutenant governor according to the procedures and requirements of Section
102     20A-11-1603.
103          (b) If the prospective candidate states that the qualification requirements for the office
104     are not met, the filing officer may not accept the prospective candidate's declaration of
105     candidacy.
106          (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
107     requirements of candidacy are met, the filing officer shall:
108          (i) inform the candidate that:
109          (A) the candidate's name will appear on the ballot as it is written on the declaration of
110     candidacy;
111          (B) the candidate may be required to comply with state or local campaign finance
112     disclosure laws; [and]
113          (C) the candidate is required to file a financial statement before the candidate's political
114     convention under:
115          (I) Section 20A-11-204 for a candidate for constitutional office;
116          (II) Section 20A-11-303 for a candidate for the Legislature; or
117          (III) local campaign finance disclosure laws, if applicable; and
118          (D) a candidate, other than a presidential or vice presidential candidate, is required to
119     file the candidate filing disclosure form described in Section 20A-9-207;
120          (ii) except for a presidential candidate, provide the candidate with a copy of the current

121     campaign financial disclosure laws for the office the candidate is seeking and inform the
122     candidate that failure to comply will result in disqualification as a candidate and removal of the
123     candidate's name from the ballot;
124          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
125     Electronic Voter Information Website Program and inform the candidate of the submission
126     deadline under Subsection 20A-7-801(4)(a);
127          (iv) provide the candidate with a copy of the pledge of fair campaign practices
128     described under Section 20A-9-206 and inform the candidate that:
129          (A) signing the pledge is voluntary; and
130          (B) signed pledges shall be filed with the filing officer;
131          (v) accept the candidate's declaration of candidacy; and
132          (vi) if the candidate has filed for a partisan office, provide a certified copy of the
133     declaration of candidacy to the chair of the county or state political party of which the
134     candidate is a member.
135          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
136     officer shall:
137          (i) accept the candidate's pledge; and
138          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
139     candidate's pledge to the chair of the county or state political party of which the candidate is a
140     member.
141          (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall
142     be substantially as follows:
143          "State of Utah, County of ____
144               I, ______________, declare my candidacy for the office of ____, seeking the
145     nomination of the ____ party, which is my preferred political party affiliation. I do
146     solemnly swear that: I will meet the qualifications to hold the office, both legally and
147     constitutionally, if selected; I reside at _____________ in the City or Town of ____,
148     Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
149     campaigns and elections; I will file all campaign financial disclosure reports as required
150     by law; and I understand that failure to do so will result in my disqualification as a
151     candidate for this office and removal of my name from the ballot. The mailing address

152     that I designate for receiving official election notices is _________________________.
153     ____________________________________________________________________
154          Subscribed and sworn before me this __________(month\day\year).
155     
Notary Public (or other officer qualified to administer oath.)"

156          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
157     may not sign the form described in Subsection (4)(a).
158          (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
159     is:
160          (i) $50 for candidates for the local school district board; and
161          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
162     person holding the office for all other federal, state, and county offices.
163          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
164     any candidate:
165          (i) who is disqualified; or
166          (ii) who the filing officer determines has filed improperly.
167          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
168     from candidates.
169          (ii) The lieutenant governor shall:
170          (A) apportion to and pay to the county treasurers of the various counties all fees
171     received for filing of nomination certificates or acceptances; and
172          (B) ensure that each county receives that proportion of the total amount paid to the
173     lieutenant governor from the congressional district that the total vote of that county for all
174     candidates for representative in Congress bears to the total vote of all counties within the
175     congressional district for all candidates for representative in Congress.
176          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
177     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
178     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
179     a financial statement filed at the time the affidavit is submitted.
180          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
181          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
182     statement filed under this section shall be subject to the criminal penalties provided under

183     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
184          (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
185     considered an offense under this title for the purposes of assessing the penalties provided in
186     Subsection 20A-1-609(2).
187          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
188     substantially the following form:
189          "Affidavit of Impecuniosity
190     Individual Name
191     ____________________________Address_____________________________
192     Phone Number _________________
193     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
194     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
195     law.
196     Date ______________ Signature________________________________________________
197     Affiant
198     Subscribed and sworn to before me on ___________ (month\day\year)
199     
______________________

200     
(signature)

201          Name and Title of Officer Authorized to Administer Oath
______________________"

202          (v) The filing officer shall provide to a person who requests an affidavit of
203     impecuniosity a statement printed in substantially the following form, which may be included
204     on the affidavit of impecuniosity:
205          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
206     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
207     penalties, will be removed from the ballot."
208          (vi) The filing officer may request that a person who makes a claim of impecuniosity
209     under this Subsection (5)(d) file a financial statement on a form prepared by the election
210     official.
211          (6) (a) If there is no legislative appropriation for the Western States Presidential
212     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
213     president of the United States who is affiliated with a registered political party and chooses to

214     participate in the regular primary election shall:
215          (i) file a declaration of candidacy, in person or via a designated agent, with the
216     lieutenant governor:
217          (A) on a form developed and provided by the lieutenant governor; and
218          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
219     March before the next regular primary election;
220          (ii) identify the registered political party whose nomination the candidate is seeking;
221          (iii) provide a letter from the registered political party certifying that the candidate may
222     participate as a candidate for that party in that party's presidential primary election; and
223          (iv) pay the filing fee of $500.
224          (b) An agent designated to file a declaration of candidacy may not sign the form
225     described in Subsection (6)(a)(i)(A).
226          (7) Any person who fails to file a declaration of candidacy or certificate of nomination
227     within the time provided in this chapter is ineligible for nomination to office.
228          (8) A declaration of candidacy filed under this section may not be amended or
229     modified after the final date established for filing a declaration of candidacy.
230          Section 2. Section 20A-9-203 is amended to read:
231          20A-9-203. Declarations of candidacy -- Municipal general elections.
232          (1) (a) (i) A person may become a candidate for any municipal office if:
233          (A) the person is a registered voter; and
234          (B) (I) the person has resided within the municipality in which that person seeks to
235     hold elective office for the 12 consecutive months immediately before the date of the election;
236     or
237          (II) if the territory in which the person resides was annexed into the municipality, the
238     person has resided within the annexed territory or the municipality the 12 consecutive months
239     immediately before the date of the election.
240          (ii) For purposes of determining whether a person meets the residency requirement of
241     Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
242     the election, the municipality shall be considered to have been incorporated 12 months before
243     the date of the election.
244          (b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal

245     council position shall, if elected from a district, be a resident of the council district from which
246     elected.
247          (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
248     incompetent person, any person convicted of a felony, or any person convicted of treason or a
249     crime against the elective franchise may not hold office in this state until the right to hold
250     elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
251          (2) (a) A person seeking to become a candidate for a municipal office shall:
252          (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
253     the office hours described in Section 10-3-301 and not later than the close of those office
254     hours, between June 1 and June 7 of any odd-numbered year; and
255          (ii) pay the filing fee, if one is required by municipal ordinance.
256          (b) Any resident of a municipality may nominate a candidate for a municipal office by:
257          (i) filing a nomination petition with the city recorder or town clerk during the office
258     hours described in Section 10-3-301 and not later than the close of those office hours, between
259     June 1 and June 7 of any odd-numbered year; and
260          (ii) paying the filing fee, if one is required by municipal ordinance.
261          (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
262     petition, the filing officer shall:
263          (i) read to the prospective candidate or person filing the petition the constitutional and
264     statutory qualification requirements for the office that the candidate is seeking; and
265          (ii) require the candidate or person filing the petition to state whether the candidate
266     meets those requirements.
267          (b) If the prospective candidate does not meet the qualification requirements for the
268     office, the filing officer may not accept the declaration of candidacy or nomination petition.
269          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
270     filing officer shall:
271          (i) inform the candidate that the candidate's name will appear on the ballot as it is
272     written on the declaration of candidacy;
273          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
274     for the office the candidate is seeking and inform the candidate that failure to comply will
275     result in disqualification as a candidate and removal of the candidate's name from the ballot;

276          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
277     Electronic Voter Information Website Program and inform the candidate of the submission
278     deadline under Subsection 20A-7-801(4)(a);
279          (iv) provide the candidate with a copy of the pledge of fair campaign practices
280     described under Section 20A-9-206 and inform the candidate that:
281          (A) signing the pledge is voluntary; and
282          (B) signed pledges shall be filed with the filing officer; [and]
283          (v) inform the candidate that the candidate is required to file the candidate filing
284     disclosure form described in Section 20A-9-207; and
285          [(v)] (vi) accept the declaration of candidacy or nomination petition.
286          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
287     officer shall:
288          (i) accept the candidate's pledge; and
289          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
290     candidate's pledge to the chair of the county or state political party of which the candidate is a
291     member.
292          (4) Notwithstanding the requirement in Subsection (2)(a)(i) to file a declaration of
293     candidacy in person, a person may designate an agent to file the form described in Subsection
294     (5) in person with the city recorder or town clerk if:
295          (a) the person is located outside the state during the filing period because:
296          (i) of employment with the state or the United States; or
297          (ii) the person is a member of:
298          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
299     Coast Guard of the United States who is on active duty;
300          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
301     commissioned corps of the National Oceanic and Atmospheric Administration of the United
302     States; or
303          (C) the National Guard on activated status;
304          (b) the person makes the declaration of candidacy described in Subsection (5) to a
305     person qualified to administer an oath;
306          (c) the person communicates with the city recorder or town clerk using an electronic

307     device that allows the person and the city recorder or town clerk to see and hear each other; and
308          (d) the person provides the city recorder or town clerk with an email address to which
309     the filing officer may send the copies described in Subsection (3).
310          (5) (a) The declaration of candidacy shall substantially comply with the following
311     form:
312          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
313     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
314     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
315     the legal qualifications required of candidates for this office. I will file all campaign financial
316     disclosure reports as required by law and I understand that failure to do so will result in my
317     disqualification as a candidate for this office and removal of my name from the ballot. I
318     request that my name be printed upon the applicable official ballots. (Signed)
319     _______________
320          Subscribed and sworn to (or affirmed) before me by ____ on this
321     __________(month\day\year).
322          (Signed) _______________ (Clerk or other officer qualified to administer oath)"
323          (b) An agent designated to file a declaration of candidacy under Subsection (4) may not
324     sign the form described in Subsection (5)(a).
325          (6) (a) A registered voter may be nominated for municipal office by submitting a
326     petition signed, with a holographic signature, by:
327          (i) 25 residents of the municipality who are at least 18 years old; or
328          (ii) 20% of the residents of the municipality who are at least 18 years old.
329          (b) (i) The petition shall substantially conform to the following form:
330     
"NOMINATION PETITION

331          The undersigned residents of (name of municipality) being 18 years old or older
332     nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
333     applicable)."
334          (ii) The remainder of the petition shall contain lines and columns for the signatures of
335     persons signing the petition and their addresses and telephone numbers.
336          (7) If the declaration of candidacy or nomination petition fails to state whether the
337     nomination is for the two or four-year term, the clerk shall consider the nomination to be for

338     the four-year term.
339          (8) (a) The clerk shall verify with the county clerk that all candidates are registered
340     voters.
341          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
342     print the candidate's name on the ballot.
343          (9) Immediately after expiration of the period for filing a declaration of candidacy, the
344     clerk shall:
345          (a) cause the names of the candidates as they will appear on the ballot to be published:
346          (i) in at least two successive publications of a newspaper with general circulation in the
347     municipality; and
348          (ii) as required in Section 45-1-101; and
349          (b) notify the lieutenant governor of the names of the candidates as they will appear on
350     the ballot.
351          (10) A declaration of candidacy or nomination petition filed under this section may not
352     be amended after the expiration of the period for filing a declaration of candidacy.
353          (11) (a) A declaration of candidacy or nomination petition filed under this section is
354     valid unless a written objection is filed with the clerk within five days after the last day for
355     filing.
356          (b) If an objection is made, the clerk shall:
357          (i) mail or personally deliver notice of the objection to the affected candidate
358     immediately; and
359          (ii) decide any objection within 48 hours after it is filed.
360          (c) If the clerk sustains the objection, the candidate may correct the problem by
361     amending the declaration or petition within three days after the objection is sustained or by
362     filing a new declaration within three days after the objection is sustained.
363          (d) (i) The clerk's decision upon objections to form is final.
364          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
365     prompt application is made to the district court.
366          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
367     of its discretion, agrees to review the lower court decision.
368          (12) Any person who filed a declaration of candidacy and was nominated, and any

369     person who was nominated by a nomination petition, may, any time up to 23 days before the
370     election, withdraw the nomination by filing a written affidavit with the clerk.
371          Section 3. Section 20A-9-207 is enacted to read:
372          20A-9-207. Candidate filing disclosure form.
373          (1) Within seven days after the day on which a candidate, other than a presidential or
374     vice presidential candidate, files a declaration of candidacy, the candidate shall file with the
375     filing officer a candidate filing disclosure form that includes the information described in
376     Subsection (2).
377          (2) Except as provided in Subsection (3), the candidate filing disclosure form shall
378     require the candidate to:
379          (a) indicate whether the candidate has ever been convicted of a felony and, for each
380     felony conviction:
381          (i) give a description of the felony;
382          (ii) state the date of conviction;
383          (iii) state the jurisdiction of the conviction; and
384          (iv) state whether the candidate's civil rights have been restored;
385          (b) indicate whether the candidate has ever been convicted of a class A or class B
386     misdemeanor and, for each class A or class B misdemeanor conviction:
387          (i) give a description of the misdemeanor;
388          (ii) state the date of conviction;
389          (iii) state the jurisdiction of the conviction; and
390          (iv) state whether the candidate's civil rights have been restored;
391          (c) indicate whether there are any criminal charges for a felony, a class A
392     misdemeanor, or a class B misdemeanor pending against the candidate and, for each pending
393     criminal charge for a felony, a class A misdemeanor, or a class B misdemeanor:
394          (i) give a description of the charge; and
395          (ii) state the jurisdiction where the charge is pending;
396          (d) indicate whether a protection order has ever been issued against the candidate and,
397     for each protection order issued:
398          (i) state the reason for the protection order;
399          (ii) state the beginning and ending dates of the protection order;

400          (iii) identify the court that issued the protection order; and
401          (iv) indicate whether the protection order was ever extended and the reason for the
402     extension; and
403          (e) indicate whether the candidate has ever filed for bankruptcy, and for each filing,
404     state the date and jurisdiction of the filing.
405          (3) (a) A candidate who completes a candidacy filing disclosure form is not required to
406     disclose a felony or misdemeanor, or any information relating to a felony or misdemeanor, that
407     has been expunged.
408          (b) A candidate is not required to disclose a protection order, or any information
409     relating to a protection order, that was issued without the candidate receiving notice and an
410     opportunity to be heard before the protection order was issued.
411          (4) The lieutenant governor shall:
412          (a) impose a $100 fine on a state office candidate who fails to timely file a complete
413     and accurate candidate filing disclosure form;
414          (b) deposit a fine collected under Subsection (4)(a) into the General Fund as a
415     dedicated credit to pay for the costs of administering the provisions of this section; and
416          (c) report the fine on the lieutenant governor's website, in the location where reports
417     relating to each candidate are available for public access.
418          (5) The election official shall:
419          (a) impose a $100 fine on a candidate, who is not a state office candidate, who fails to
420     timely file a complete and accurate candidate filing disclosure form; and
421          (b) report the fine on the election official's website.






Legislative Review Note
     as of 1-2-15 12:26 PM


Office of Legislative Research and General Counsel