2
3
4
5
6 Cosponsors:
7 Patrice M. Arent
Rebecca Chavez-Houck
Marie H. Poulson
8
9 LONG TITLE
10 General Description:
11 This bill requires a candidate for vice president of the United States to file a declaration
12 of candidacy and meet other related requirements.
13 Highlighted Provisions:
14 This bill:
15 ▸ requires a candidate for vice president of the United States to file a declaration of
16 candidacy and meet other related requirements;
17 ▸ creates requirements for a declaration of candidacy for vice president of the United
18 States; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-9-201, as last amended by Laws of Utah 2016, Chapter 28
27 20A-9-202, as last amended by Laws of Utah 2015, Chapter 296
28 20A-9-504, as enacted by Laws of Utah 1996, Chapter 258
29 20A-9-601, as last amended by Laws of Utah 2014, Chapter 169
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-9-201 is amended to read:
33 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
34 more than one political party prohibited with exceptions -- General filing and form
35 requirements -- Affidavit of impecuniosity.
36 (1) Before filing a declaration of candidacy for election to any office, a person shall:
37 (a) be a United States citizen;
38 (b) meet the legal requirements of that office; and
39 (c) if seeking a registered political party's nomination as a candidate for elective office,
40 state:
41 (i) the registered political party of which the person is a member; or
42 (ii) that the person is not a member of a registered political party.
43 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
44 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
45 Utah during any election year;
46 (ii) appear on the ballot as the candidate of more than one political party; or
47 (iii) file a declaration of candidacy for a registered political party of which the
48 individual is not a member, except to the extent that the registered political party permits
49 otherwise in the registered political party's bylaws.
50 (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
51 or vice president of the United States and another office, if the person resigns the person's
52 candidacy for the other office after the person is officially nominated for president or vice
53 president of the United States.
54 (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
55 one justice court judge office.
56 (iii) A person may file a declaration of candidacy for lieutenant governor even if the
57 person filed a declaration of candidacy for another office in the same election year if the person
58 withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
59 before filing the declaration of candidacy for lieutenant governor.
60 (3) (a) (i) Except for [
61 president of the United States, before the filing officer may accept any declaration of
62 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 the candidate meets those requirements.
66 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
67 county clerk shall ensure that the person filing that declaration of candidacy is:
68 (A) a United States citizen;
69 (B) an attorney licensed to practice law in Utah who is an active member in good
70 standing of the Utah State Bar;
71 (C) a registered voter in the county in which the person is seeking office; and
72 (D) a current resident of the county in which the person is seeking office and either has
73 been a resident of that county for at least one year or was appointed and is currently serving as
74 county attorney and became a resident of the county within 30 days after appointment to the
75 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 the person is seeking office;
83 and
84 (D) a current resident of the prosecution district in which the person is seeking office
85 and either will have been a resident of that prosecution district for at least one year as of the
86 date of the election or was appointed and is currently serving as district attorney and became a
87 resident of the prosecution district within 30 days after receiving appointment to the office.
88 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
89 county clerk shall ensure that the person filing the declaration of candidacy:
90 (A) as of the date of filing:
91 (I) is a United States citizen;
92 (II) is a registered voter in the county in which the person seeks office;
93 (III) (Aa) has successfully met the standards and training requirements established for
94 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
95 Certification Act; or
96 (Bb) has met the waiver requirements in Section 53-6-206; and
97 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
98 53-13-103; and
99 (B) as of the date of the election, shall have been a resident of the county in which the
100 person seeks office for at least one year.
101 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
102 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
103 Education member, the filing officer shall ensure:
104 (A) that the person filing the declaration of candidacy also files the financial disclosure
105 required by Section 20A-11-1603; and
106 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
107 provided to the lieutenant governor according to the procedures and requirements of Section
108 20A-11-1603.
109 (b) If the prospective candidate states that the qualification requirements for the office
110 are not met, the filing officer may not accept the prospective candidate's declaration of
111 candidacy.
112 (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
113 requirements of candidacy are met, the filing officer shall:
114 (i) inform the candidate that:
115 (A) the candidate's name will appear on the ballot as the candidate's name is written on
116 the declaration of candidacy;
117 (B) the candidate may be required to comply with state or local campaign finance
118 disclosure laws; and
119 (C) the candidate is required to file a financial statement before the candidate's political
120 convention under:
121 (I) Section 20A-11-204 for a candidate for constitutional office;
122 (II) Section 20A-11-303 for a candidate for the Legislature; or
123 (III) local campaign finance disclosure laws, if applicable;
124 (ii) except for a presidential candidate, provide the candidate with a copy of the current
125 campaign financial disclosure laws for the office the candidate is seeking and inform the
126 candidate that failure to comply will result in disqualification as a candidate and removal of the
127 candidate's name from the ballot;
128 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
129 Electronic Voter Information Website Program and inform the candidate of the submission
130 deadline under Subsection 20A-7-801(4)(a);
131 (iv) provide the candidate with a copy of the pledge of fair campaign practices
132 described under Section 20A-9-206 and inform the candidate that:
133 (A) signing the pledge is voluntary; and
134 (B) signed pledges shall be filed with the filing officer;
135 (v) accept the candidate's declaration of candidacy; and
136 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
137 declaration of candidacy to the chair of the county or state political party of which the
138 candidate is a member.
139 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
140 officer shall:
141 (i) accept the candidate's pledge; and
142 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
143 candidate's pledge to the chair of the county or state political party of which the candidate is a
144 member.
145 (4) (a) Except for [
146 of the United States, the form of the declaration of candidacy shall:
147 (i) be substantially as follows:
148 "State of Utah, County of ____
149 I, ______________, declare my candidacy for the office of ____, seeking the
150 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
151 hold the office, both legally and constitutionally, if selected; I reside at _____________
152 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
153 knowingly violate any law governing campaigns and elections; I will file all campaign
154 financial disclosure reports as required by law; and I understand that failure to do so
155 will result in my disqualification as a candidate for this office and removal of my name
156 from the ballot. The mailing address that I designate for receiving official election
157 notices is ___________________________.
158 ____________________________________________________________________
159 Subscribed and sworn before me this __________(month\day\year).
160
Notary Public (or other officer qualified to administer oath)."; and
161 (ii) require the candidate to state, in the sworn statement described in Subsection
162 (4)(a)(i):
163 (A) the registered political party of which the candidate is a member; or
164 (B) that the candidate is not a member of a registered political party.
165 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
166 may not sign the form described in Subsection (4)(a).
167 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
168 is:
169 (i) $50 for candidates for the local school district board; and
170 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
171 person holding the office for all other federal, state, and county offices.
172 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
173 any candidate:
174 (i) who is disqualified; or
175 (ii) who the filing officer determines has filed improperly.
176 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
177 from candidates.
178 (ii) The lieutenant governor shall:
179 (A) apportion to and pay to the county treasurers of the various counties all fees
180 received for filing of nomination certificates or acceptances; and
181 (B) ensure that each county receives that proportion of the total amount paid to the
182 lieutenant governor from the congressional district that the total vote of that county for all
183 candidates for representative in Congress bears to the total vote of all counties within the
184 congressional district for all candidates for representative in Congress.
185 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
186 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
187 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
188 a financial statement filed at the time the affidavit is submitted.
189 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
190 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
191 statement filed under this section shall be subject to the criminal penalties provided under
192 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
193 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
194 considered an offense under this title for the purposes of assessing the penalties provided in
195 Subsection 20A-1-609(2).
196 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
197 substantially the following form:
198 "Affidavit of Impecuniosity
199 Individual Name
200 ____________________________Address_____________________________
201 Phone Number _________________
202 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
203 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
204 law.
205 Date ______________ Signature________________________________________________
206 Affiant
207 Subscribed and sworn to before me on ___________ (month\day\year)
208
______________________
209
(signature)
210 Name and Title of Officer Authorized to Administer Oath
______________________"
211 (v) The filing officer shall provide to a person who requests an affidavit of
212 impecuniosity a statement printed in substantially the following form, which may be included
213 on the affidavit of impecuniosity:
214 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
215 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
216 penalties, will be removed from the ballot."
217 (vi) The filing officer may request that a person who makes a claim of impecuniosity
218 under this Subsection (5)(d) file a financial statement on a form prepared by the election
219 official.
220 (6) (a) If there is no legislative appropriation for the Western States Presidential
221 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
222 president of the United States who is affiliated with a registered political party and chooses to
223 participate in the regular primary election shall:
224 (i) file a declaration of candidacy, in person or via a designated agent, with the
225 lieutenant governor:
226 (A) on a form developed and provided by the lieutenant governor; and
227 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
228 March before the next regular primary election;
229 (ii) identify the registered political party whose nomination the candidate is seeking;
230 (iii) provide a letter from the registered political party certifying that the candidate may
231 participate as a candidate for that party in that party's presidential primary election; and
232 (iv) pay the filing fee of $500.
233 (b) An agent designated to file a declaration of candidacy may not sign the form
234 described in Subsection (6)(a)(i)(A).
235 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
236 within the time provided in this chapter is ineligible for nomination to office.
237 (8) A declaration of candidacy filed under this section may not be amended or
238 modified after the final date established for filing a declaration of candidacy.
239 Section 2. Section 20A-9-202 is amended to read:
240 20A-9-202. Declarations of candidacy for regular general elections.
241 (1) (a) Each person seeking to become a candidate for an elective office that is to be
242 filled at the next regular general election shall:
243 (i) file a declaration of candidacy in person with the filing officer on or after January 1
244 of the regular general election year, and, if applicable, before the candidate circulates
245 nomination petitions under Section 20A-9-405; and
246 (ii) pay the filing fee.
247 (b) Each county clerk who receives a declaration of candidacy from a candidate for
248 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
249 candidacy to the lieutenant governor within one working day after it is filed.
250 (c) Each day during the filing period, each county clerk shall notify the lieutenant
251 governor electronically or by telephone of candidates who have filed in their office.
252 (d) Each person seeking the office of lieutenant governor, the office of district attorney,
253 or the office of president or vice president of the United States shall comply with the specific
254 declaration of candidacy requirements established by this section.
255 (2) (a) Each person intending to become a candidate for the office of district attorney
256 within a multicounty prosecution district that is to be filled at the next regular general election
257 shall:
258 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
259 creating the prosecution district on or after January 1 of the regular general election year, and
260 before the candidate circulates nomination petitions under Section 20A-9-405; and
261 (ii) pay the filing fee.
262 (b) The designated clerk shall provide to the county clerk of each county in the
263 prosecution district a certified copy of each declaration of candidacy filed for the office of
264 district attorney.
265 (3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
266 lieutenant governor candidate shall:
267 (i) file a declaration of candidacy with the lieutenant governor;
268 (ii) pay the filing fee; and
269 (iii) submit a letter from a candidate for governor who has received certification for the
270 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
271 as a joint-ticket running mate.
272 (b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
273 lieutenant governor is disqualified, another candidate shall file to replace the disqualified
274 candidate.
275 (4) [
276 (a) certify the names of its candidates for president and vice president of the United
277 States to the lieutenant governor [
278 (b) provide written authorization for the lieutenant governor to accept the certification
279 of candidates for president and vice president of the United States from the national office of
280 the registered political party.
281 (5) (a) A declaration of candidacy filed under this section is valid unless a written
282 objection is filed with the clerk or lieutenant governor within five days after the last day for
283 filing.
284 (b) If an objection is made, the clerk or lieutenant governor shall:
285 (i) mail or personally deliver notice of the objection to the affected candidate
286 immediately; and
287 (ii) decide any objection within 48 hours after it is filed.
288 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
289 problem by amending the declaration or petition within three days after the objection is
290 sustained or by filing a new declaration within three days after the objection is sustained.
291 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
292 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
293 by a district court if prompt application is made to the court.
294 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
295 of its discretion, agrees to review the lower court decision.
296 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
297 filing a written affidavit with the clerk.
298 (7) Except as provided in Subsection 20A-9-201(4)(b), notwithstanding a requirement
299 in this section to file a declaration of candidacy in person, a person may designate an agent to
300 file the form described in Subsection 20A-9-201(4) in person with the filing officer if:
301 (a) the person is located outside the state during the filing period because:
302 (i) of employment with the state or the United States; or
303 (ii) the person is a member of:
304 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
305 Coast Guard of the United States who is on active duty;
306 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
307 commissioned corps of the National Oceanic and Atmospheric Administration of the United
308 States; or
309 (C) the National Guard on activated status;
310 (b) the person communicates with the filing officer using an electronic device that
311 allows the person and filing officer to see and hear each other; and
312 (c) the person provides the filing officer with an email address to which the filing
313 officer may send the copies described in Subsection 20A-9-201(3).
314 (8) (a) Except for a candidate who is certified by a registered political party under
315 Subsection (4), and except as provided in Section 20A-9-504, on or before August 31 of a
316 general election year, each individual running as a candidate for vice president of the United
317 States shall:
318 (i) file a declaration of candidacy, in person or via designated agent, on a form
319 developed by the lieutenant governor, that:
320 (A) contains the individual's name, address, and telephone number;
321 (B) states that the individual meets the qualifications for the office of vice president of
322 the United States;
323 (C) names the presidential candidate, who has qualified for the general election ballot,
324 with which the individual is running as a joint-ticket running mate;
325 (D) states that the individual agrees to be the running mate of the presidential candidate
326 described in Subsection (8)(a)(i)(C); and
327 (E) contains any other necessary information identified by the lieutenant governor;
328 (ii) pay the filing fee, if applicable; and
329 (iii) submit a letter from the presidential candidate described in Subsection (8)(a)(i)(C)
330 that names the individual as a joint-ticket running mate as a vice presidential candidate.
331 (b) A designated agent described in Subsection (8)(a)(i) may not sign the declaration of
332 candidacy.
333 (c) A vice presidential candidate who fails to meet the requirements described in this
334 Subsection (8) may not appear on the general election ballot.
335 Section 3. Section 20A-9-504 is amended to read:
336 20A-9-504. Unaffiliated candidates -- Governor and president of the United
337 States.
338 (1) (a) Each unaffiliated candidate for governor shall, before July 1 of the regular
339 general election year, select a running mate to file as an unaffiliated candidate for the office of
340 lieutenant governor.
341 [
342 general election year, file as an unaffiliated candidate by following the procedures and
343 requirements of this part.
344 (2) (a) Each unaffiliated candidate for president of the United States shall, before 5
345 p.m. on August 15 of a regular general election year, select a running mate to file as an
346 unaffiliated candidate for the office of vice president of the United States.
347 (b) Before 5 p.m. on August 15 of a regular general election year, the unaffiliated
348 candidate for vice president of the United States described in Subsection (2)(a) shall comply
349 with the requirements of Subsection 20A-9-202(8).
350 Section 4. Section 20A-9-601 is amended to read:
351 20A-9-601. Qualifying as a write-in candidate.
352 (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration
353 of candidacy in person, or through a designated agent for a candidate for president or vice
354 president of the United States, with the appropriate filing officer not later than 60 days before
355 the regular general election or a municipal general election in which the person intends to be a
356 write-in candidate.
357 (b) (i) The form of the declaration of candidacy for all offices, except president or vice
358 president of the United States, is substantially as follows:
359 "State of Utah, County of ____
360 I, ______________, declare my intention of becoming a candidate for the office of
361 ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
362 qualifications to hold the office, both legally and constitutionally, if selected; I reside at
363 _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
364 not knowingly violate any law governing campaigns and elections; I will file all campaign
365 financial disclosure reports as required by law; and I understand that failure to do so will result
366 in my disqualification as a candidate for this office and removal of my name from the ballot.
367 The mailing address that I designate for receiving official election notices is
368 ___________________________.
369 ____________________________________________________________________
370 Subscribed and sworn before me this __________(month\day\year).
371 Notary Public (or other officer qualified to administer oath)."
372 (ii) The form of the declaration of candidacy for president of the United States is
373 substantially as follows:
374 "State of Utah, County of ____
375 I, ______________, declare my intention of becoming a candidate for the office of the
376 president of the United States. I do solemnly swear that: I will meet the qualifications to hold
377 the office, both legally and constitutionally, if selected; I reside at _____________ in the City
378 or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
379 any law governing campaigns and elections. The mailing address that I designate for receiving
380 official election notices is ___________________________. I designate _______________ as
381 my vice presidential candidate.
382 ____________________________________________________________________
383 Subscribed and sworn before me this __________(month\day\year).
384 Notary Public (or other officer qualified to administer oath.)"
385 (iii) A declaration of candidacy for a write-in candidate for vice president of the United
386 States shall be in substantially the same form as a declaration of candidacy described in
387 Subsection 20A-9-202(8).
388 [
389 may not sign the form described in Subsection (1)(b)(i) or (ii).
390 (c) (i) The filing officer shall:
391 (A) read to the candidate the constitutional and statutory requirements for the office;
392 and
393 (B) ask the candidate whether or not the candidate meets the requirements.
394 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
395 accept the write-in candidate's declaration of candidacy.
396 (2) Notwithstanding the requirement in Subsection (1) to file a declaration of
397 candidacy in person, a person may designate an agent to file the declaration of candidacy in
398 person with the filing officer if:
399 (a) the person is located outside the state during the filing period because:
400 (i) of employment with the state or the United States; or
401 (ii) the person is a member of:
402 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
403 Coast Guard of the United States who is on active duty;
404 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
405 commissioned corps of the National Oceanic and Atmospheric Administration of the United
406 States; or
407 (C) the National Guard on activated status; and
408 (b) the person communicates with the filing officer using an electronic device that
409 allows the person and filing officer to see and hear each other.
410 (3) By November 1 of each regular general election year, the lieutenant governor shall
411 certify to each county clerk the names of all write-in candidates who filed their declaration of
412 candidacy with the lieutenant governor.