1     
CANDIDATE FILING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill allows an individual, under certain conditions, to file a declaration of
10     candidacy via a designated agent.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an individual, under certain conditions, to file a declaration of candidacy via
14     a designated agent for a state, federal, or local office; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          10-2a-305.1, as last amended by Laws of Utah 2017, Chapter 91
23          17B-1-306, as last amended by Laws of Utah 2014, Chapters 362 and 377
24          17B-1-1001, as last amended by Laws of Utah 2017, Chapters 112 and 418
25          17B-1-1003, as enacted by Laws of Utah 2017, Chapter 418
26          20A-9-201, as last amended by Laws of Utah 2017, Chapter 63
27          20A-9-202, as last amended by Laws of Utah 2017, Chapter 63

28          20A-9-203, as last amended by Laws of Utah 2017, Chapter 91
29          20A-9-407, as last amended by Laws of Utah 2017, Chapter 91
30          20A-9-408, as last amended by Laws of Utah 2017, Chapter 91
31          20A-9-502, as last amended by Laws of Utah 2013, Chapters 253 and 317
32          20A-9-503, as last amended by Laws of Utah 2013, Chapter 317
33          20A-9-504, as last amended by Laws of Utah 2017, Chapter 63
34          20A-9-601, as last amended by Laws of Utah 2017, Chapter 63
35          20A-11-1005, as last amended by Laws of Utah 2013, Chapter 252
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 10-2a-305.1 is amended to read:
39          10-2a-305.1. Notice of number of council members to be elected and of district
40     boundaries -- Declaration of candidacy for city office -- Occupation of office.
41          (1) (a) Within 20 days of the county legislative body's receipt of the information under
42     Subsection 10-2a-305(2)(b), the county clerk shall publish, in accordance with Subsection
43     (1)(b), notice containing:
44          (i) information about the deadline for filing a declaration of candidacy for those
45     seeking to become candidates for mayor or town council; and
46          (ii) information about the length of the initial term of each of the town officers, as
47     determined by the petition sponsors under Subsection 10-2a-305(2)(a).
48          (b) The notice under Subsection (1)(a) shall be published:
49          (i) in a newspaper of general circulation within the future town at least once a week for
50     two successive weeks; and
51          (ii) in accordance with Section 45-1-101 for two weeks.
52          (c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
53     circulation within the future city, the county clerk shall post at least one notice per 1,000
54     population in conspicuous places within the future town that are most likely to give notice to
55     the residents of the future town.
56          (ii) The notice under Subsection (1)(c)(i) shall contain the information required under
57     Subsection (1)(a).
58          (iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least

59     seven days before the deadline for filing a declaration of candidacy under Subsection (2).
60          (2) Notwithstanding Subsection 20A-9-203(3)(a) and the provisions of Subsection
61     20A-9-203(3)(b) that require a declaration of candidacy to be filed with the city recorder or
62     town clerk, each individual seeking to become a candidate for mayor or town council of a town
63     incorporating under this part shall, within 45 days after the day of the incorporation election
64     under Section 10-2a-304, file a declaration of candidacy with the clerk of the county in which
65     the future town is located.
66          Section 2. Section 17B-1-306 is amended to read:
67          17B-1-306. Local district board -- Election procedures.
68          (1) Except as provided in Subsection (11), each elected board member shall be selected
69     as provided in this section.
70          (2) (a) Each election of a local district board member shall be held:
71          (i) at the same time as the municipal general election or the regular general election, as
72     applicable; and
73          (ii) at polling places designated by the local district board in consultation with the
74     county clerk for each county in which the local district is located, which polling places shall
75     coincide with municipal general election or regular general election polling places, as
76     applicable, whenever feasible.
77          (b) The local district board, in consultation with the county clerk, may consolidate two
78     or more polling places to enable voters from more than one district to vote at one consolidated
79     polling place.
80          (c) (i) Subject to Subsections (4)[(f)](h) and [(g)] (i), the number of polling places
81     under Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
82     polling place per division of the district, designated by the district board.
83          (ii) Each polling place designated by an irrigation district board under Subsection
84     (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
85     (2)(a)(ii).
86          (3) (a) The clerk of each local district with a board member position to be filled at the
87     next municipal general election or regular general election, as applicable, shall provide notice
88     of:
89          (i) each elective position of the local district to be filled at the next municipal general

90     election or regular general election, as applicable;
91          (ii) the constitutional and statutory qualifications for each position; and
92          (iii) the dates and times for filing a declaration of candidacy.
93          (b) The notice required under Subsection (3)(a) shall be:
94          (i) posted in at least five public places within the local district at least 10 days before
95     the first day for filing a declaration of candidacy; or
96          (ii) (A) published in a newspaper of general circulation within the local district at least
97     three but no more than 10 days before the first day for filing a declaration of candidacy; and
98          (B) published, in accordance with Section 45-1-101, for 10 days before the first day for
99     filing a declaration of candidacy.
100          (4) (a) [To] Except as provided in Subsection (4)(c), to become a candidate for an
101     elective local district board position, [the prospective candidate] an individual shall file a
102     declaration of candidacy in person with an official designated by the local district, during office
103     hours, within the candidate filing period for the applicable election year in which the election
104     for the local district board is held.
105          (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
106     filing time shall be extended until the close of normal office hours on the following regular
107     business day.
108          (c) Subject to Subsection (4)(f), an individual may designate an agent to file a
109     declaration of candidacy with the official designated by the local district if:
110          (i) the individual is located outside of the state during the entire filing period;
111          (ii) the designated agent appears in person before the official designated by the local
112     district; and
113          (iii) the individual communicates with the official designated by the local district using
114     an electronic device that allows the individual and official to see and hear each other.
115          [(c)] (d) (i) Before the filing officer may accept any declaration of candidacy from an
116     individual, the filing officer shall:
117          (A) read to the [prospective candidate] individual the constitutional and statutory
118     qualification requirements for the office that the [candidate] individual is seeking; and
119          (B) require the [candidate] individual to state whether [or not] the [candidate]
120     individual meets those requirements.

121          (ii) If the [prospective candidate] individual does not meet the qualification
122     requirements for the office, the filing officer may not accept the individual's declaration of
123     candidacy.
124          (iii) If it appears that the [prospective candidate] individual meets the requirements of
125     candidacy, the filing officer shall accept the individual's declaration of candidacy.
126          [(d)] (e) The declaration of candidacy shall be in substantially [comply with] the
127     following form:
128          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
129     ____________, City of ________________, County of ________________, state of Utah, (Zip
130     Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
131     office of board of trustees member for _______________________ (state the name of the local
132     district); that I am a candidate for that office to be voted upon at the next election[,] ; and that,
133     if filing via a designated agent, I will be out of the state of Utah during the entire candidate
134     filing period, and I hereby request that my name be printed upon the official ballot for that
135     election.
136          (Signed) _________________________________________
137          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
138     of ____________, ____.
139          (Signed) ________________________
140          (Clerk or Notary Public)"
141          (f) An agent designated under Subsection (4)(c) may not sign the form described in
142     Subsection (4)(e).
143          [(e)] (g) Each [person] individual wishing to become a valid write-in candidate for an
144     elective local district board position is governed by Section 20A-9-601.
145          [(f)] (h) If at least one [person] individual does not file a declaration of candidacy as
146     required by this section, [a person] an individual shall be appointed to fill that board position
147     [by following the procedures and requirements for appointment established] in accordance with
148     the appointment provisions of Section 20A-1-512.
149          [(g)] (i) If only one candidate files a declaration of candidacy and there is no write-in
150     candidate who complies with Section 20A-9-601, the board, in accordance with Section
151     20A-1-206, may:

152          (i) consider the candidate to be elected to the position; and
153          (ii) cancel the election.
154          (5) (a) A primary election may be held if:
155          (i) the election is authorized by the local district board; and
156          (ii) the number of candidates for a particular local board position or office exceeds
157     twice the number of persons needed to fill that position or office.
158          (b) The primary election shall be conducted:
159          (i) on the same date as the municipal primary election or the regular primary election,
160     as applicable; and
161          (ii) according to the procedures for primary elections provided under Title 20A,
162     Election Code.
163          (6) (a) Except as provided in Subsection (6)(c), within one business day after the
164     deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
165     names to the clerk of each county in which the local district is located.
166          (b) (i) Except as provided in Subsection (6)(c) and in accordance with Section
167     20A-6-305, the clerk of each county in which the local district is located and the local district
168     clerk shall coordinate the placement of the name of each candidate for local district office in
169     the nonpartisan section of the ballot with the appropriate election officer.
170          (ii) If consolidation of the local district election ballot with the municipal general
171     election ballot or the regular general election ballot, as applicable, is not feasible, the local
172     district board of trustees, in consultation with the county clerk, shall provide for a separate
173     local district election ballot to be administered by poll workers at polling locations designated
174     under Subsection (2).
175          (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
176     of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
177          (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
178     prescribe the form of the ballot for each board member election.
179          (B) Each ballot for an election of an irrigation district board member shall be in a
180     nonpartisan format.
181          (C) The name of each candidate shall be placed on the ballot in the order specified
182     under Section 20A-6-305.

183          (7) (a) Each voter at an election for a board of trustees member of a local district shall:
184          (i) be a registered voter within the district, except for an election of:
185          (A) an irrigation district board of trustees member; or
186          (B) a basic local district board of trustees member who is elected by property owners;
187     and
188          (ii) meet the requirements to vote established by the district.
189          (b) Each voter may vote for as many candidates as there are offices to be filled.
190          (c) The candidates who receive the highest number of votes are elected.
191          (8) Except as otherwise provided by this section, the election of local district board
192     members is governed by Title 20A, Election Code.
193          (9) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
194     local district board shall serve a four-year term, beginning at noon on the January 1 after the
195     person's election.
196          (b) A person elected shall be sworn in as soon as practical after January 1.
197          (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
198     the county or municipality holding an election under this section for the costs of the election
199     attributable to that local district.
200          (b) Each irrigation district shall bear its own costs of each election it holds under this
201     section.
202          (11) This section does not apply to an improvement district that provides electric or gas
203     service.
204          (12) Except as provided in Subsection 20A-3-605(1)(b), the provisions of Title 20A,
205     Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
206          (13) (a) As used in this Subsection (13), "board" means:
207          (i) a local district board; or
208          (ii) the administrative control board of a special service district that has elected
209     members on the board.
210          (b) A board may hold elections for membership on the board at a regular general
211     election instead of a municipal general election if the board submits an application to the
212     lieutenant governor that:
213          (i) requests permission to hold elections for membership on the board at a regular

214     general election instead of a municipal general election; and
215          (ii) indicates that holding elections at the time of the regular general election is
216     beneficial, based on potential cost savings, a potential increase in voter turnout, or another
217     material reason.
218          (c) Upon receipt of an application described in Subsection (13)(b), the lieutenant
219     governor may approve the application if the lieutenant governor concludes that holding the
220     elections at the regular general election is beneficial based on the criteria described in
221     Subsection (13)(b)(ii).
222          (d) If the lieutenant governor approves a board's application described in this section:
223          (i) all future elections for membership on the board shall be held at the time of the
224     regular general election; and
225          (ii) the board may not hold elections at the time of a municipal general election unless
226     the board receives permission from the lieutenant governor to hold all future elections for
227     membership on the board at a municipal general election instead of a regular general election,
228     under the same procedure, and by applying the same criteria, described in this Subsection (13).
229          Section 3. Section 17B-1-1001 is amended to read:
230          17B-1-1001. Provisions applicable to property tax levy.
231          (1) Each local district that levies and collects property taxes shall levy and collect them
232     according to the provisions of Title 59, Chapter 2, Property Tax Act.
233          (2) As used in this section:
234          (a) "Appointed board of trustees" means a board of trustees of a local district that
235     includes a member who is appointed to the board of trustees in accordance with Section
236     17B-1-304, Subsection 17B-1-303(5), Subsection 17B-1-306(4)[(f)](h), or any of the
237     applicable provisions in Title 17B, Chapter 2a, Provisions Applicable to Different Types of
238     Local Districts.
239          (b) "Elected board of trustees" means a board of trustees of a local district that consists
240     entirely of members who are elected to the board of trustees in accordance with Subsection (4),
241     Section 17B-1-306, or any of the applicable provisions in Title 17B, Chapter 2a, Provisions
242     Applicable to Different Types of Local Districts.
243          (3) (a) For a taxable year beginning on or after January 1, 2018, a local district may not
244     levy or collect property tax revenue that exceeds the certified tax rate unless:     (i) to the

245     extent that the revenue from the property tax was pledged before January 1, 2018, the local
246     district pledges the property tax revenue to pay for bonds or other obligations of the local
247     district; or
248          (ii) the proposed tax or increase in the property tax rate has been approved by:
249          (A) an elected board of trustees;
250          (B) subject to Subsection (3)(b), an appointed board of trustees;
251          (C) a majority of the registered voters within the local district who vote in an election
252     held for that purpose on a date specified in Section 20A-1-204;
253          (D) the legislative body of the appointing authority; or
254          (E) the legislative body of:
255          (I) a majority of the municipalities partially or completely included within the
256     boundary of the specified local district; or
257          (II) the county in which the specified local district is located, if the county has some or
258     all of its unincorporated area included within the boundary of the specified local district.
259          (b) For a local district with an appointed board of trustees, each appointed member of
260     the board of trustees shall comply with the trustee reporting requirements described in Section
261     17B-1-1003 before the local district may impose a property tax levy that exceeds the certified
262     tax rate.
263          (4) (a) Notwithstanding provisions to the contrary in Title 17B, Chapter 2a, Provisions
264     Applicable to Different Types of Local Districts, and subject to Subsection (4)(b), members of
265     the board of trustees of a local district shall be elected, if:
266          (i) two-thirds of all members of the board of trustees of the local district vote in favor
267     of changing to an elected board of trustees; and
268          (ii) the legislative body of each municipality or county that appoints a member to the
269     board of trustees adopts a resolution approving the change to an elected board of trustees.
270          (b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
271     the term of any member of the board of trustees serving at the time of the change.
272          (5) Subsections (2), (3), and (4) do not apply to:
273          (a) Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
274          (b) Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; or
275          (c) a local district in which:

276          (i) the board of trustees consists solely of:
277          (A) land owners or the land owners' agents; or
278          (B) as described in Subsection 17B-1-302(3), land owners or the land owners' agents or
279     officers; and
280          (ii) there are no residents within the local district at the time a property tax is levied.
281          Section 4. Section 17B-1-1003 is amended to read:
282          17B-1-1003. Trustee reporting requirement.
283          (1) As used in this section:
284          (a) "Appointed board of trustees" means a board of trustees of a local district that
285     includes a member who is appointed to the board of trustees in accordance with Section
286     17B-1-304, Subsection 17B-1-303(5), Subsection 17B-1-306(4)[(f)](h), or any of the
287     applicable provisions in Title 17B, Chapter 2a, Provisions Applicable to Different Types of
288     Local Districts.
289          (b) "Legislative entity" means:
290          (i) the member's appointing authority, if the appointing authority is a legislative body;
291     or
292          (ii) the member's nominating entity, if the appointing authority is not a legislative body.
293          (c) (i) "Member" means an individual who is appointed to a board of trustees for a
294     local district in accordance with Section 17B-1-304, Subsection 17B-1-303(5), Subsection
295     17B-1-306(4)[(f)](h), or any of the applicable provisions in Title 17B, Chapter 2a, Provisions
296     Applicable to Different Types of Local Districts.
297          (ii) "Member" includes a member of the board of trustees who holds an elected
298     position with a municipality, county, or another local district that is partially or completely
299     included within the boundaries of the local district.
300          (d) "Nominating entity" means the legislative body that submits nominees for
301     appointment to the board of trustees to an appointing authority.
302          (e) "Property tax increase" means a property tax levy that exceeds the certified tax rate
303     for the taxable year.
304          (2) (a) If a local district board of trustees adopts a tentative budget that includes a
305     property tax increase, each member shall report to the member's legislative entity on the
306     property tax increase.

307          (b) (i) The local district shall request that each of the legislative entities that appoint or
308     nominate a member to the local district's board of trustees hear the report required by
309     Subsection (2)(a) at a public meeting of each legislative entity.
310          (ii) The request to make a report may be made by:
311          (A) the member appointed or nominated by the legislative entity; or
312          (B) another member of the board of trustees.
313          (c) The member appointed or nominated by the legislative entity shall make the report
314     required by Subsection (2)(a) at a public meeting that:
315          (i) complies with Title 52, Chapter 4, Open and Public Meetings Act;
316          (ii) includes the report as a separate agenda item; and
317          (iii) is held within 40 days after the day on which the legislative entity receives a
318     request to hear the report.
319          (d) (i) If the legislative entity does not have a scheduled meeting within 40 days after
320     the day on which the legislative entity receives a request to hear the report required by
321     Subsection (2)(a), the legislative entity shall schedule a meeting for that purpose.
322          (ii) If the legislative entity fails to hear the report at a public meeting that meets the
323     criteria described in Subsection (2)(c), the trustee reporting requirements under this section
324     shall be considered satisfied.
325          (3) (a) A report on a property tax increase at a legislative entity's public meeting shall
326     include:
327          (i) a statement that the local district intends to levy a property tax at a rate that exceeds
328     the certified tax rate for the taxable year;
329          (ii) the dollar amount of and purpose for additional ad valorem tax revenue that would
330     be generated by the proposed increase in the certified tax rate;
331          (iii) the approximate percentage increase in ad valorem tax revenue for the local
332     district based on the proposed property tax increase; and
333          (iv) any other information requested by the legislative entity.
334          (b) The legislative entity shall allow time during the meeting for comment from the
335     legislative entity and members of the public on the property tax increase.
336          (4) (a) If more than one member is appointed to the board of trustees by the same
337     legislative entity, a majority of the members appointed or nominated by the legislative entity

338     shall be present to provide the report required by Subsection (2) and described in Subsection
339     (3).
340          (b) The chair of the board of trustees shall appoint another member of the board of
341     trustees to provide the report described in Subsection (3) to the legislative entity if:
342          (i) the member appointed or nominated by the legislative entity is unable or unwilling
343     to provide the report at a public meeting that meets the requirements of Subsection (3)(a); and
344          (ii) the absence of the member appointed or nominated by the legislative entity results
345     in:
346          (A) no member who was appointed or nominated by the legislative entity being present
347     to provide the report; or
348          (B) an inability to comply with Subsection (4)(a).
349          (5) A local district board of trustees may approve a property tax increase only after the
350     conditions of this section have been satisfied or considered satisfied for each member of the
351     board of trustees.
352          Section 5. Section 20A-9-201 is amended to read:
353          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
354     more than one political party prohibited with exceptions -- General filing and form
355     requirements -- Affidavit of impecuniosity.
356          (1) Before filing a declaration of candidacy for election to any office, [a person] an
357     individual shall:
358          (a) be a United States citizen;
359          (b) meet the legal requirements of that office; and
360          (c) if seeking a registered political party's nomination as a candidate for elective office,
361     state:
362          (i) the registered political party of which the [person] individual is a member; or
363          (ii) that the [person] individual is not a member of a registered political party.
364          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
365          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
366     Utah during any election year;
367          (ii) appear on the ballot as the candidate of more than one political party; or
368          (iii) file a declaration of candidacy for a registered political party of which the

369     individual is not a member, except to the extent that the registered political party permits
370     otherwise in the registered political party's bylaws.
371          (b) (i) [A person] An individual may file a declaration of candidacy for, or be a
372     candidate for, president or vice president of the United States and another office, if the [person]
373     individual resigns the [person's] individual's candidacy for the other office after the [person]
374     individual is officially nominated for president or vice president of the United States.
375          (ii) [A person] An individual may file a declaration of candidacy for, or be a candidate
376     for, more than one justice court judge office.
377          (iii) [A person] An individual may file a declaration of candidacy for lieutenant
378     governor even if the [person] individual filed a declaration of candidacy for another office in
379     the same election year if the [person] individual withdraws as a candidate for the other office in
380     accordance with Subsection 20A-9-202(6) before filing the declaration of candidacy for
381     lieutenant governor.
382          (3) (a) [(i)] Except for a candidate for president or vice president of the United States,
383     before the filing officer may accept any declaration of candidacy, the filing officer shall:
384          [(A)] (i) read to the [prospective candidate] individual the constitutional and statutory
385     qualification requirements for the office that the [candidate] individual is seeking; and
386          [(B)] (ii) require the [candidate] individual to state whether the [candidate] individual
387     meets those requirements.
388          [(ii)] (b) Before accepting a declaration of candidacy for the office of county attorney,
389     the county clerk shall ensure that the [person] individual filing that declaration of candidacy is:
390          [(A)] (i) a United States citizen;
391          [(B)] (ii) an attorney licensed to practice law in [Utah] the state who is an active
392     member in good standing of the Utah State Bar;
393          [(C)] (iii) a registered voter in the county in which the [person] individual is seeking
394     office; and
395          [(D)] (iv) a current resident of the county in which the [person] individual is seeking
396     office and either has been a resident of that county for at least one year or was appointed and is
397     currently serving as county attorney and became a resident of the county within 30 days after
398     appointment to the office.
399          [(iii)] (c) Before accepting a declaration of candidacy for the office of district attorney,

400     the county clerk shall ensure that, as of the date of the election, the [person] individual filing
401     that declaration of candidacy is:
402          [(A)] (i) a United States citizen;
403          [(B)] (ii) an attorney licensed to practice law in [Utah] the state who is an active
404     member in good standing of the Utah State Bar;
405          [(C)] (iii) a registered voter in the prosecution district in which the [person] individual
406     is seeking office; and
407          [(D)] (iv) a current resident of the prosecution district in which the [person] individual
408     is seeking office and either will have been a resident of that prosecution district for at least one
409     year as of the date of the election or was appointed and is currently serving as district attorney
410     and became a resident of the prosecution district within 30 days after receiving appointment to
411     the office.
412          [(iv)] (d) Before accepting a declaration of candidacy for the office of county sheriff,
413     the county clerk shall ensure that the [person] individual filing the declaration [of candidacy]:
414          [(A) as of the date of filing:]
415          [(I)] (i) is a United States citizen;
416          [(II)] (ii) is a registered voter in the county in which the [person] individual seeks
417     office;
418          [(III) (Aa)] (iii) (A) has successfully met the standards and training requirements
419     established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
420     Training and Certification Act; or
421          [(Bb)] (B) has met the waiver requirements in Section 53-6-206; [and]
422          [(IV)] (iv) is qualified to be certified as a law enforcement officer, as defined in
423     Section 53-13-103; and
424          [(B)] (v) as of the date of the election, [shall] will have been a resident of the county in
425     which the [person] individual seeks office for at least one year.
426          [(v)] (e) Before accepting a declaration of candidacy for the office of governor,
427     lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or State
428     Board of Education member, the filing officer shall ensure:
429          [(A)] (i) that the [person] individual filing the declaration of candidacy also files the
430     financial disclosure required by Section 20A-11-1603; and

431          [(B)] (ii) if the filing officer is not the lieutenant governor, that the individual provides
432     the financial disclosure [is provided] to the lieutenant governor [according to the procedures
433     and requirements of] in accordance with Section 20A-11-1603.
434          [(b) If the prospective candidate states that]
435          (4) If an individual who files a declaration of candidacy does not meet the qualification
436     requirements for the office [are not met] the individual is seeking, the filing officer may not
437     accept the [prospective candidate's] individual's declaration of candidacy.
438          [(c) If the candidate]
439          (5) If an individual who files a declaration of candidacy meets the requirements [of
440     Subsection (3)(a) and states that the requirements of candidacy are met] described in
441     Subsection (3), the filing officer shall:
442          [(i)] (a) inform the [candidate] individual that:
443          [(A)] (i) the [candidate's] individual's name will appear on the ballot as the
444     [candidate's] individual's name is written on the individual's declaration of candidacy;
445          [(B)] (ii) the [candidate] individual may be required to comply with state or local
446     campaign finance disclosure laws; and
447          [(C)] (iii) the [candidate] individual is required to file a financial statement before the
448     [candidate's] individual's political convention under:
449          [(I)] (A) Section 20A-11-204 for a candidate for constitutional office;
450          [(II)] (B) Section 20A-11-303 for a candidate for the Legislature; or
451          [(III)] (C) local campaign finance disclosure laws, if applicable;
452          [(ii)] (b) except for a presidential candidate, provide the [candidate] individual with a
453     copy of the current campaign financial disclosure laws for the office the [candidate] individual
454     is seeking and inform the [candidate] individual that failure to comply will result in
455     disqualification as a candidate and removal of the [candidate's] individual's name from the
456     ballot;
457          [(iii)] (c) provide the [candidate] individual with a copy of Section 20A-7-801
458     regarding the Statewide Electronic Voter Information Website Program and inform the
459     [candidate] individual of the submission deadline under Subsection 20A-7-801(4)(a);
460          [(iv)] (d) provide the candidate with a copy of the pledge of fair campaign practices
461     described under Section 20A-9-206 and inform the candidate that:

462          [(A)] (i) signing the pledge is voluntary; and
463          [(B)] (ii) signed pledges shall be filed with the filing officer;
464          [(v)] (e) accept the [candidate's] individual's declaration of candidacy; and
465          [(vi)] (f) if the [candidate] individual has filed for a partisan office, provide a certified
466     copy of the declaration of candidacy to the chair of the county or state political party of which
467     the [candidate] individual is a member.
468          [(d)] (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
469     officer shall:
470          [(i)] (a) accept the candidate's pledge; and
471          [(ii)] (b) if the candidate has filed for a partisan office, provide a certified copy of the
472     candidate's pledge to the chair of the county or state political party of which the candidate is a
473     member.
474          [(4)] (7) (a) Except for a candidate for president or vice president of the United States,
475     the form of the declaration of candidacy shall:
476          (i) be substantially as follows:
477          "State of Utah, County of ____
478               I, ______________, declare my candidacy for the office of ____, seeking the
479     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
480     hold the office, both legally and constitutionally, if selected; I reside at _____________
481     in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
482     knowingly violate any law governing campaigns and elections; if filing via a designated
483     agent, I will be out of the state of Utah during the entire candidate filing period; I will
484     file all campaign financial disclosure reports as required by law; and I understand that
485     failure to do so will result in my disqualification as a candidate for this office and
486     removal of my name from the ballot. The mailing address that I designate for receiving
487     official election notices is ___________________________.
488     ____________________________________________________________________
489          Subscribed and sworn before me this __________(month\day\year).
490     
Notary Public (or other officer qualified to administer oath)."; and

491          (ii) require the candidate to state, in the sworn statement described in Subsection [(4)]
492     (7)(a)(i):

493          (A) the registered political party of which the candidate is a member; or
494          (B) that the candidate is not a member of a registered political party.
495          (b) An agent designated under Subsection 20A-9-202(1)(b) to file a declaration of
496     candidacy [under Section 20A-9-202] may not sign the form described in Subsection [(4)(a)]
497     (7)(a) or Section 20A-9-408.5.
498          [(5)] (8) (a) Except for presidential candidates, the fee for filing a declaration of
499     candidacy is:
500          (i) $50 for candidates for the local school district board; and
501          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
502     person holding the office for all other federal, state, and county offices.
503          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
504     any candidate:
505          (i) who is disqualified; or
506          (ii) who the filing officer determines has filed improperly.
507          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
508     from candidates.
509          (ii) The lieutenant governor shall:
510          (A) apportion to and pay to the county treasurers of the various counties all fees
511     received for filing of nomination certificates or acceptances; and
512          (B) ensure that each county receives that proportion of the total amount paid to the
513     lieutenant governor from the congressional district that the total vote of that county for all
514     candidates for representative in Congress bears to the total vote of all counties within the
515     congressional district for all candidates for representative in Congress.
516          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
517     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
518     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
519     a financial statement filed at the time the affidavit is submitted.
520          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
521          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
522     statement filed under this section shall be subject to the criminal penalties provided under
523     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.

524          (B) Conviction of a criminal offense under Subsection [(5)] (8)(d)(iii)(A) shall be
525     considered an offense under this title for the purposes of assessing the penalties provided in
526     Subsection 20A-1-609(2).
527          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
528     substantially the following form:
529          "Affidavit of Impecuniosity
530     Individual Name
531     ____________________________Address_____________________________
532     Phone Number _________________
533     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
534     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
535     law.
536     Date ______________ Signature________________________________________________
537     Affiant
538     Subscribed and sworn to before me on ___________ (month\day\year)
539     
______________________

540     
(signature)

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

542          (v) The filing officer shall provide to a person who requests an affidavit of
543     impecuniosity a statement printed in substantially the following form, which may be included
544     on the affidavit of impecuniosity:
545          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
546     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
547     penalties, will be removed from the ballot."
548          (vi) The filing officer may request that a person who makes a claim of impecuniosity
549     under this Subsection [(5)] (8)(d) file a financial statement on a form prepared by the election
550     official.
551          [(6)] (9) (a) If there is no legislative appropriation for the Western States Presidential
552     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
553     president of the United States who is affiliated with a registered political party and chooses to
554     participate in the regular primary election shall:

555          (i) file a declaration of candidacy, in person or via a designated agent, with the
556     lieutenant governor:
557          (A) on a form developed and provided by the lieutenant governor; and
558          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
559     March before the next regular primary election;
560          (ii) identify the registered political party whose nomination the candidate is seeking;
561          (iii) provide a letter from the registered political party certifying that the candidate may
562     participate as a candidate for that party in that party's presidential primary election; and
563          (iv) pay the filing fee of $500.
564          (b) [An agent designated to file a declaration of candidacy] A designated agent
565     described in Subsection (9)(a)(i) may not sign the form described in Subsection [(6)]
566     (9)(a)(i)(A).
567          [(7) Any person]
568          (10) An individual who fails to file a declaration of candidacy or certificate of
569     nomination within the time provided in this chapter is ineligible for nomination to office.
570          [(8)] (11) A declaration of candidacy filed under this section may not be amended or
571     modified after the final date established for filing a declaration of candidacy.
572          Section 6. Section 20A-9-202 is amended to read:
573          20A-9-202. Declarations of candidacy for regular general elections.
574          (1) (a) [Each person] An individual seeking to become a candidate for an elective
575     office that is to be filled at the next regular general election shall:
576          (i) except as provided in Subsection (1)(b), file a declaration of candidacy in person
577     with the filing officer on or after January 1 of the regular general election year, and, if
578     applicable, before the [candidate] individual circulates nomination petitions under Section
579     20A-9-405; and
580          (ii) pay the filing fee.
581          (b) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file
582     a declaration of candidacy with the filing officer if:
583          (i) the individual is located outside of the state during the entire filing period;
584          (ii) the designated agent appears in person before the filing officer;
585          (iii) the individual communicates with the filing officer using an electronic device that

586     allows the individual and filing officer to see and hear each other; and
587          (iv) the individual provides the filing officer with an email address to which the filing
588     officer may send the individual the copies described in Subsection 20A-9-201(5).
589          [(b)] (c) Each county clerk who receives a declaration of candidacy from a candidate
590     for multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
591     candidacy to the lieutenant governor within one [working] business day after [it is filed] the
592     candidate files the declaration of candidacy.
593          [(c)] (d) Each day during the filing period, each county clerk shall notify the lieutenant
594     governor electronically or by telephone of candidates who have filed [in their office] a
595     declaration of candidacy with the county clerk.
596          [(d)] (e) Each [person] individual seeking the office of lieutenant governor, the office
597     of district attorney, or the office of president or vice president of the United States shall comply
598     with the specific declaration of candidacy requirements established by this section.
599          (2) (a) Each [person] individual intending to become a candidate for the office of
600     district attorney within a multicounty prosecution district that is to be filled at the next regular
601     general election shall:
602          (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
603     creating the prosecution district on or after January 1 of the regular general election year, and
604     before the [candidate] individual circulates nomination petitions under Section 20A-9-405; and
605          (ii) pay the filing fee.
606          (b) The designated clerk shall provide to the county clerk of each county in the
607     prosecution district a certified copy of each declaration of candidacy filed for the office of
608     district attorney.
609          (3) (a) On or before 5 p.m. on the first Monday after the third Saturday in April, each
610     lieutenant governor candidate shall:
611          (i) file a declaration of candidacy with the lieutenant governor;
612          (ii) pay the filing fee; and
613          (iii) submit a letter from a candidate for governor who has received certification for the
614     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
615     as a joint-ticket running mate.
616          (b) (i) [Any] A candidate for lieutenant governor who fails to timely file is disqualified.

617          (ii) If a candidate for lieutenant governor is disqualified, another candidate [shall] may
618     file to replace the disqualified candidate.
619          (4) On or before August 31, each registered political party shall:
620          (a) certify the names of [its] the political party's candidates for president and vice
621     president of the United States to the lieutenant governor; or
622          (b) provide written authorization for the lieutenant governor to accept the certification
623     of candidates for president and vice president of the United States from the national office of
624     the registered political party.
625          (5) (a) A declaration of candidacy filed under this section is valid unless a written
626     objection is filed with the clerk or lieutenant governor within five days after the last day for
627     filing.
628          (b) If an objection is made, the clerk or lieutenant governor shall:
629          (i) mail or personally deliver notice of the objection to the affected candidate
630     immediately; and
631          (ii) decide any objection within 48 hours after it is filed.
632          (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
633     problem by amending the declaration or petition within three days after the objection is
634     sustained or by filing a new declaration within three days after the objection is sustained.
635          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
636          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
637     by a district court if prompt application is made to the court.
638          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
639     of its discretion, agrees to review the lower court decision.
640          (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
641     filing a written affidavit with the clerk.
642          [(7) Except as provided in Subsection 20A-9-201(4)(b), notwithstanding a requirement
643     in this section to file a declaration of candidacy in person, a person may designate an agent to
644     file the form described in Subsection 20A-9-201(4) in person with the filing officer if:]
645          [(a) the person is located outside the state during the filing period because:]
646          [(i) of employment with the state or the United States; or]
647          [(ii) the person is a member of:]

648          [(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
649     Coast Guard of the United States who is on active duty;]
650          [(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
651     commissioned corps of the National Oceanic and Atmospheric Administration of the United
652     States; or]
653          [(C) the National Guard on activated status;]
654          [(b) the person communicates with the filing officer using an electronic device that
655     allows the person and filing officer to see and hear each other; and]
656          [(c) the person provides the filing officer with an email address to which the filing
657     officer may send the copies described in Subsection 20A-9-201(3).]
658          [(8)] (7) (a) Except for a candidate who is certified by a registered political party under
659     Subsection (4), and except as provided in Section 20A-9-504, on or before August 31 of a
660     general election year, each individual running as a candidate for vice president of the United
661     States shall:
662          (i) file a declaration of candidacy, in person or via a designated agent, on a form
663     developed by the lieutenant governor, that:
664          (A) contains the individual's name, address, and telephone number;
665          (B) states that the individual meets the qualifications for the office of vice president of
666     the United States;
667          (C) names the presidential candidate, who has qualified for the general election ballot,
668     with which the individual is running as a joint-ticket running mate;
669          (D) states that the individual agrees to be the running mate of the presidential candidate
670     described in Subsection [(8)] (7)(a)(i)(C); and
671          (E) contains any other necessary information identified by the lieutenant governor;
672          (ii) pay the filing fee, if applicable; and
673          (iii) submit a letter from the presidential candidate described in Subsection [(8)]
674     (7)(a)(i)(C) that names the individual as a joint-ticket running mate as a vice presidential
675     candidate.
676          (b) A designated agent described in Subsection [(8)] (7)(a)(i) may not sign the
677     declaration of candidacy.
678          (c) A vice presidential candidate who fails to meet the requirements described in this

679     Subsection [(8)] (7) may not appear on the general election ballot.
680          Section 7. Section 20A-9-203 is amended to read:
681          20A-9-203. Declarations of candidacy -- Municipal general elections.
682          (1) An individual may become a candidate for any municipal office if:
683          (a) the individual is a registered voter; and
684          (b) (i) the individual has resided within the municipality in which the individual seeks
685     to hold elective office for the 12 consecutive months immediately before the date of the
686     election; or
687          (ii) the territory in which the individual resides was annexed into the municipality, the
688     individual has resided within the annexed territory or the municipality the 12 consecutive
689     months immediately before the date of the election.
690          (2) (a) For purposes of determining whether an individual meets the residency
691     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
692     before the election, the municipality is considered to have been incorporated 12 months before
693     the date of the election.
694          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
695     council position shall, if elected from a district, be a resident of the council district from which
696     the candidate is elected.
697          (c) In accordance with Utah Constitution, Article IV, Section 6, any mentally
698     incompetent person, any person convicted of a felony, or any person convicted of treason or a
699     crime against the elective franchise may not hold office in this state until the right to hold
700     elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
701          (3) (a) An individual seeking to become a candidate for a municipal office shall,
702     regardless of the nomination method by which the individual is seeking to become a candidate:
703          (i) except as provided in Subsection (3)(b), file a declaration of candidacy, in person
704     with the city recorder or town clerk, during the office hours described in Section 10-3-301 and
705     not later than the close of those office hours, between June 1 and June 7 of any odd-numbered
706     year; and
707          (ii) pay the filing fee, if one is required by municipal ordinance.
708          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
709     declaration of candidacy with the city recorder or town clerk if:

710          (i) the individual is located outside of the state during the entire filing period;
711          (ii) the designated agent appears in person before the city recorder or town clerk;
712          (iii) the individual communicates with the city recorder or town clerk using an
713     electronic device that allows the individual and city recorder or town clerk to see and hear each
714     other; and
715          (iv) the individual provides the city recorder or town clerk with an email address to
716     which the city recorder or town clerk may send the individual the copies described in
717     Subsection (4).
718          [(b)] (c) Any resident of a municipality may nominate a candidate for a municipal
719     office by:
720          (i) filing a nomination petition with the city recorder or town clerk during the office
721     hours described in Section 10-3-301 and not later than the close of those office hours, between
722     June 1 and June 7 of any odd-numbered year; and
723          (ii) paying the filing fee, if one is required by municipal ordinance.
724          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
725     petition, the filing officer shall:
726          (i) read to the prospective candidate or individual filing the petition the constitutional
727     and statutory qualification requirements for the office that the candidate is seeking; and
728          (ii) require the candidate or individual filing the petition to state whether the candidate
729     meets those requirements.
730          (b) If the prospective candidate does not meet the qualification requirements for the
731     office, the filing officer may not accept the declaration of candidacy or nomination petition.
732          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
733     filing officer shall:
734          (i) inform the candidate that the candidate's name will appear on the ballot as it is
735     written on the declaration of candidacy;
736          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
737     for the office the candidate is seeking and inform the candidate that failure to comply will
738     result in disqualification as a candidate and removal of the candidate's name from the ballot;
739          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
740     Electronic Voter Information Website Program and inform the candidate of the submission

741     deadline under Subsection 20A-7-801(4)(a);
742          (iv) provide the candidate with a copy of the pledge of fair campaign practices
743     described under Section 20A-9-206 and inform the candidate that:
744          (A) signing the pledge is voluntary; and
745          (B) signed pledges shall be filed with the filing officer; and
746          (v) accept the declaration of candidacy or nomination petition.
747          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
748     officer shall:
749          (i) accept the candidate's pledge; and
750          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
751     candidate's pledge to the chair of the county or state political party of which the candidate is a
752     member.
753          [(5) Notwithstanding the requirement in Subsection (3)(a)(i) to file a declaration of
754     candidacy in person, an individual may designate an agent to file the form described in
755     Subsection (6) in person with the city recorder or town clerk if:]
756          [(a) the individual is located outside the state during the filing period because:]
757          [(i) of employment with the state or the United States; or]
758          [(ii) the individual is a member of:]
759          [(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
760     Coast Guard of the United States who is on active duty;]
761          [(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
762     commissioned corps of the National Oceanic and Atmospheric Administration of the United
763     States; or]
764          [(C) the National Guard on activated status;]
765          [(b) the individual makes the declaration of candidacy described in Subsection (6) to an
766     individual qualified to administer an oath;]
767          [(c) the individual communicates with the city recorder or town clerk using an
768     electronic device that allows the individual and the city recorder or town clerk to see and hear
769     each other; and]
770          [(d) the individual provides the city recorder or town clerk with an email address to
771     which the filing officer may send the copies described in Subsection (4).]

772          [(6)] (5) (a) The declaration of candidacy shall be in substantially [comply with] the
773     following form:
774          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
775     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
776     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
777     the legal qualifications required of candidates for this office. If filing via a designated agent, I
778     attest that I will be out of the state of Utah during the entire candidate filing period. I will file
779     all campaign financial disclosure reports as required by law and I understand that failure to do
780     so will result in my disqualification as a candidate for this office and removal of my name from
781     the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
782     _______________
783          Subscribed and sworn to (or affirmed) before me by ____ on this
784     __________(month\day\year).
785          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
786          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy
787     [under Subsection (5)] may not sign the form described in Subsection [(6)] (5)(a).
788          [(7) (a) A registered voter may be nominated for municipal office by submitting a
789     petition signed, with a holographic signature, by:]
790          [(i) 25 residents of the municipality who are at least 18 years old; or]
791          [(ii) 20% of the residents of the municipality who are at least 18 years old.]
792          [(b) (i) The petition shall substantially conform to the following form:]
793     
["NOMINATION PETITION]

794          [The undersigned residents of (name of municipality) being 18 years old or older
795     nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
796     applicable)."]
797          [(ii) The remainder of the petition shall contain lines and columns for the signatures of
798     individuals signing the petition and the individuals' addresses and telephone numbers.]
799          [(8)] (6) If the declaration of candidacy or nomination petition fails to state whether the
800     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
801     for the four-year term.
802          [(9)] (7) (a) The clerk shall verify with the county clerk that all candidates are

803     registered voters.
804          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
805     print the candidate's name on the ballot.
806          [(10)] (8) Immediately after expiration of the period for filing a declaration of
807     candidacy, the clerk shall:
808          (a) cause the names of the candidates as they will appear on the ballot to be published:
809          (i) in at least two successive publications of a newspaper with general circulation in the
810     municipality; and
811          (ii) as required in Section 45-1-101; and
812          (b) notify the lieutenant governor of the names of the candidates as they will appear on
813     the ballot.
814          [(11)] (9) A declaration of candidacy or nomination petition filed under this section
815     may not be amended after the expiration of the period for filing a declaration of candidacy.
816          [(12)] (10) (a) A declaration of candidacy or nomination petition filed under this
817     section is valid unless a written objection is filed with the clerk within five days after the last
818     day for filing.
819          (b) If an objection is made, the clerk shall:
820          (i) mail or personally deliver notice of the objection to the affected candidate
821     immediately; and
822          (ii) decide any objection within 48 hours after the objection is filed.
823          (c) If the clerk sustains the objection, the candidate may correct the problem by
824     amending the declaration or petition within three days after the objection is sustained or by
825     filing a new declaration within three days after the objection is sustained.
826          (d) (i) The clerk's decision upon objections to form is final.
827          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
828     prompt application is made to the district court.
829          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
830     of its discretion, agrees to review the lower court decision.
831          [(13)] (11) An individual who files a declaration of candidacy and is nominated, and an
832     individual who is nominated by a nomination petition, may, any time up to 23 days before the
833     election, withdraw the nomination by filing a written affidavit with the clerk.

834          Section 8. Section 20A-9-407 is amended to read:
835          20A-9-407. Convention process to seek the nomination of a qualified political
836     party.
837          (1) This section describes the requirements for a member of a qualified political party
838     who is seeking the nomination of a qualified political party for an elective office through the
839     qualified political party's convention process.
840          (2) Notwithstanding Subsection 20A-9-201[(4)](7)(a), the form of the declaration of
841     candidacy for a member of a qualified political party who is nominated by, or who is seeking
842     the nomination of, the qualified political party under this section shall be substantially as
843     described in Section 20A-9-408.5.
844          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
845     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
846     nomination of the qualified political party for an elective office that is to be filled at the next
847     general election, shall:
848          (a) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy
849     in person with the filing officer on or after the second Friday in March and before 5 p.m. on the
850     third Thursday in March before the next regular general election; and
851          (b) pay the filing fee.
852          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
853     party who, under this section, is seeking the nomination of the qualified political party for the
854     office of district attorney within a multicounty prosecution district that is to be filled at the next
855     general election shall:
856          (a) file a declaration of candidacy with the county clerk designated in the interlocal
857     agreement creating the prosecution district on or after the second Friday in March and before 5
858     p.m. on the third Thursday in March before the next regular general election; and
859          (b) pay the filing fee.
860          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
861     who files as the joint-ticket running mate of an individual who is nominated by a qualified
862     political party, under this section, for the office of governor shall, on or before 5 p.m. on the
863     first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
864     from the candidate for governor that names the lieutenant governor candidate as a joint-ticket

865     running mate.
866          (6) (a) A qualified political party that nominates a candidate under this section shall
867     certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
868     after the fourth Saturday in April.
869          (b) The lieutenant governor shall ensure that the certification described in Subsection
870     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
871     under this section.
872          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
873     is nominated by a qualified political party under this section, designate the qualified political
874     party that nominated the candidate.
875          Section 9. Section 20A-9-408 is amended to read:
876          20A-9-408. Signature-gathering process to seek the nomination of a qualified
877     political party.
878          (1) This section describes the requirements for a member of a qualified political party
879     who is seeking the nomination of the qualified political party for an elective office through the
880     signature-gathering process described in this section.
881          (2) Notwithstanding Subsection 20A-9-201[(4)](7)(a), the form of the declaration of
882     candidacy for a member of a qualified political party who is nominated by, or who is seeking
883     the nomination of, the qualified political party under this section shall be substantially as
884     described in Section 20A-9-408.5.
885          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
886     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
887     nomination of the qualified political party for an elective office that is to be filled at the next
888     general election shall:
889          (a) within the period beginning on January 1 before the next regular general election
890     and ending on the third Thursday in March of the same year, and before gathering signatures
891     under this section, file with the filing officer on a form approved by the lieutenant governor a
892     notice of intent to gather signatures for candidacy that includes:
893          (i) the name of the member who will attempt to become a candidate for a registered
894     political party under this section;
895          (ii) the name of the registered political party for which the member is seeking

896     nomination;
897          (iii) the office for which the member is seeking to become a candidate;
898          (iv) the address and telephone number of the member; and
899          (v) other information required by the lieutenant governor;
900          (b) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy,
901     in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
902     the third Thursday in March before the next regular general election; and
903          (c) pay the filing fee.
904          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
905     party who, under this section, is seeking the nomination of the qualified political party for the
906     office of district attorney within a multicounty prosecution district that is to be filled at the next
907     general election shall:
908          (a) on or after January 1 before the next regular general election, and before gathering
909     signatures under this section, file with the filing officer on a form approved by the lieutenant
910     governor a notice of intent to gather signatures for candidacy that includes:
911          (i) the name of the member who will attempt to become a candidate for a registered
912     political party under this section;
913          (ii) the name of the registered political party for which the member is seeking
914     nomination;
915          (iii) the office for which the member is seeking to become a candidate;
916          (iv) the address and telephone number of the member; and
917          (v) other information required by the lieutenant governor;
918          (b) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy,
919     in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
920     the third Thursday in March before the next regular general election; and
921          (c) pay the filing fee.
922          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
923     who files as the joint-ticket running mate of an individual who is nominated by a qualified
924     political party, under this section, for the office of governor shall, on or before 5 p.m. on the
925     first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
926     from the candidate for governor that names the lieutenant governor candidate as a joint-ticket

927     running mate.
928          (6) The lieutenant governor shall ensure that the certification described in Subsection
929     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
930     under this section.
931          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
932     is nominated by a qualified political party under this section, designate the qualified political
933     party that nominated the candidate.
934          (8) A member of a qualified political party may seek the nomination of the qualified
935     political party for an elective office by:
936          (a) complying with the requirements described in this section; and
937          (b) collecting signatures, on a form approved by the lieutenant governor, during the
938     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
939     which the qualified political party's convention for the office is held, in the following amounts:
940          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
941     permitted by the qualified political party to vote for the qualified political party's candidates in
942     a primary election;
943          (ii) for a congressional district race, 7,000 signatures of registered voters who are
944     residents of the congressional district and are permitted by the qualified political party to vote
945     for the qualified political party's candidates in a primary election;
946          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
947     residents of the state Senate district and are permitted by the qualified political party to vote for
948     the qualified political party's candidates in a primary election;
949          (iv) for a state House district race, 1,000 signatures of registered voters who are
950     residents of the state House district and are permitted by the qualified political party to vote for
951     the qualified political party's candidates in a primary election;
952          (v) for a State Board of Education race, the lesser of:
953          (A) 2,000 signatures of registered voters who are residents of the State Board of
954     Education district and are permitted by the qualified political party to vote for the qualified
955     political party's candidates in a primary election; or
956          (B) 3% of the registered voters of the qualified political party who are residents of the
957     applicable State Board of Education district; and

958          (vi) for a county office race, signatures of 3% of the registered voters who are residents
959     of the area permitted to vote for the county office and are permitted by the qualified political
960     party to vote for the qualified political party's candidates in a primary election.
961          (9) (a) In order for a member of the qualified political party to qualify as a candidate
962     for the qualified political party's nomination for an elective office under this section, the
963     member shall:
964          (i) collect the signatures on a form approved by the lieutenant governor, using the same
965     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
966          (ii) submit the signatures to the election officer no later than 14 days before the day on
967     which the qualified political party holds its convention to select candidates, for the elective
968     office, for the qualified political party's nomination.
969          (b) An individual may not gather signatures under this section until after the individual
970     files a notice of intent to gather signatures for candidacy described in this section.
971          (c) An individual who files a notice of intent to gather signatures for candidacy,
972     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
973     the notice of intent to gather signatures for candidacy:
974          (i) required to comply with the reporting requirements that a candidate for office is
975     required to comply with; and
976          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
977     apply to a candidate for office in relation to the reporting requirements described in Subsection
978     (9)(c)(i).
979          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
980     election officer shall, no later than one day before the day on which the qualified political party
981     holds the convention to select a nominee for the elective office to which the signature packets
982     relate:
983          (i) check the name of each individual who completes the verification for a signature
984     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
985          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
986     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
987          (iii) determine whether each signer is a registered voter who is qualified to sign the
988     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature

989     on a petition;
990          (iv) certify whether each name is that of a registered voter who is qualified to sign the
991     signature packet; and
992          (v) notify the qualified political party and the lieutenant governor of the name of each
993     member of the qualified political party who qualifies as a nominee of the qualified political
994     party, under this section, for the elective office to which the convention relates.
995          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
996     this section, the lieutenant governor shall post the notice of intent to gather signatures for
997     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
998     posts a declaration of candidacy.
999          Section 10. Section 20A-9-502 is amended to read:
1000          20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
1001     Criminal penalty.
1002          (1) The candidate shall:
1003          (a) prepare a certificate of nomination in substantially the following form:
1004          "State of Utah, County of ______________________________________________
1005          I, ______________, declare my intention of becoming an unaffiliated candidate for the
1006     political group designated as ____ for the office of ____. I do solemnly swear that I can
1007     qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
1008     Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
1009     that I am providing, or have provided, the required number of holographic signatures of
1010     registered voters required by law; that as a candidate at the next election I will not knowingly
1011     violate any election or campaign law; that, if filing via a designated agent for an office other
1012     than president of the United States, I will be out of the state of Utah during the entire candidate
1013     filing period; I will file all campaign financial disclosure reports as required by law; and I
1014     understand that failure to do so will result in my disqualification as a candidate for this office
1015     and removal of my name from the ballot.
1016     
__________________________________________

1017     
Subscribed and sworn to before me this ______(month\day\year).

1018     
__________________________________________

1019     
Notary Public (or other officer


1020     
qualified to administer oaths)";

1021          (b) bind signature sheets to the certificate that:
1022          (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1023          (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
1024     blank for the purpose of binding;
1025          (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
1026     Certificate of Nomination Petition" printed directly below the horizontal line;
1027          (iv) contain the word "Warning" printed directly under the words described in
1028     Subsection (1)(b)(iii);
1029          (v) contain, to the right of the word "Warning," the following statement printed in not
1030     less than eight-point, single leaded type:
1031          "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
1032     signature sheet with any name other than the person's own name or more than once for the
1033     same candidate or if the person is not registered to vote in this state and does not intend to
1034     become registered to vote in this state before the county clerk certifies the signatures.";
1035          (vi) contain the following statement directly under the statement described in
1036     Subsection (1)(b)(v):
1037          "Each signer says:
1038          I have personally signed this petition with a holographic signature;
1039          I am registered to vote in Utah or intend to become registered to vote in Utah before the
1040     county clerk certifies my signature; and
1041          My street address is written correctly after my name.";
1042          (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
1043     Subsection (1)(b)(vi); and
1044          (viii) be vertically divided into columns as follows:
1045          (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
1046     headed with "For Office Use Only," and be subdivided with a light vertical line down the
1047     middle;
1048          (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
1049     Name (must be legible to be counted)";
1050          (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of

1051     Registered Voter";
1052          (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
1053          (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1054     Code"; and
1055          (F) at the bottom of the sheet, contain the following statement: "Birth date or age
1056     information is not required, but it may be used to verify your identity with voter registration
1057     records. If you choose not to provide it, your signature may not be certified as a valid signature
1058     if you change your address before petition signatures are certified or if the information you
1059     provide does not match your voter registration records."; and
1060          (c) bind a final page to one or more signature sheets that are bound together that
1061     contains, except as provided by Subsection (3), the following printed statement:
1062          "Verification
1063          State of Utah, County of ____
1064          I, _______________, of ____, hereby state that:
1065          I am a Utah resident and am at least 18 years old;
1066          All the names that appear on the signature sheets bound to this page were signed by
1067     persons who professed to be the persons whose names appear on the signature sheets, and each
1068     of them signed the person's name on the signature sheets in my presence;
1069          I believe that each has printed and signed the person's name and written the person's
1070     street address correctly, and that each signer is registered to vote in Utah or will register to vote
1071     in Utah before the county clerk certifies the signatures on the signature sheet.
1072          ______________________________________________________________________
1073          (Signature)               (Residence Address)                    (Date)".
1074          (2) An agent designated to file a certificate of nomination under Subsection
1075     20A-9-503[(4)](1)(b) may not sign the form described in Subsection (1)(a).
1076          (3) (a) The candidate shall circulate the nomination petition and ensure that the person
1077     in whose presence each signature sheet is signed:
1078          (i) is at least 18 years old;
1079          (ii) except as provided by Subsection (3)(b), meets the residency requirements of
1080     Section 20A-2-105; and
1081          (iii) verifies each signature sheet by completing the verification bound to one or more

1082     signature sheets that are bound together.
1083          (b) A person who is not a resident may sign the verification on a petition for an
1084     unaffiliated candidate for the office of president of the United States.
1085          (c) A person may not sign the verification if the person signed a signature sheet bound
1086     to the verification.
1087          (4) (a) It is unlawful for any person to:
1088          (i) knowingly sign a certificate of nomination signature sheet:
1089          (A) with any name other than the person's own name;
1090          (B) more than once for the same candidate; or
1091          (C) if the person is not registered to vote in this state and does not intend to become
1092     registered to vote in this state before the county clerk certifies the signatures; or
1093          (ii) sign the verification of a certificate of nomination signature sheet if the person:
1094          (A) except as provided by Subsection (3)(b), does not meet the residency requirements
1095     of Section 20A-2-105;
1096          (B) has not witnessed the signing by those persons whose names appear on the
1097     certificate of nomination signature sheet; or
1098          (C) knows that a person whose signature appears on the certificate of nomination
1099     signature sheet is not registered to vote in this state and does not intend to become registered to
1100     vote in this state.
1101          (b) Any person violating this Subsection (4) is guilty of a class A misdemeanor.
1102          (5) (a) The candidate shall submit the petition and signature sheets to the county clerk
1103     for certification when the petition has been completed by:
1104          (i) at least 1,000 registered voters residing within the state when the nomination is for
1105     an office to be filled by the voters of the entire state; or
1106          (ii) at least 300 registered voters residing within a political division or at least 5% of
1107     the registered voters residing within a political division, whichever is less, when the
1108     nomination is for an office to be filled by the voters of any political division smaller than the
1109     state.
1110          (b) In reviewing the petition, the county clerk shall count and certify only those persons
1111     who signed the petition with a holographic signature who:
1112          (i) are registered voters within the political division that the candidate seeks to

1113     represent; and
1114          (ii) did not sign any other certificate of nomination for that office.
1115          (c) The candidate may supplement or amend the certificate of nomination at any time
1116     on or before the filing deadline.
1117          Section 11. Section 20A-9-503 is amended to read:
1118          20A-9-503. Certificate of nomination -- Filing -- Fees.
1119          (1) [After] (a) Except as provided in Subsection (1)(b), after the certificate of
1120     nomination has been certified, executed, and acknowledged by the county clerk, the candidate
1121     shall:
1122          [(a)] (i) between the second Friday in March and the close of normal office hours on
1123     the third Thursday in March of the year in which the regular general election will be held[, file
1124     the petition in person with]:
1125          [(i)] (A) file the petition in person with the lieutenant governor, if the office the
1126     candidate seeks is a constitutional office or a federal office[; or (ii)] , or the county clerk, if the
1127     office the candidate seeks is a county office; and
1128          [(iii)] (B) pay the filing fee; or
1129          [(b)] (ii) not later than the close of normal office hours on June 15 of any
1130     odd-numbered year[, file the petition in person with]:
1131          [(i)] (A) file the petition in person with the municipal clerk, if the candidate seeks an
1132     office in a city or town[; (ii)] , or the local district clerk, if the candidate seeks an office in a
1133     local district; and
1134          [(iii)] (B) pay the filing fee.
1135          (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
1136     declaration of candidacy for president of the United States.
1137          (ii) Subject to Subsections (3)(c) and 20A-9-502(2), an individual may designate an
1138     agent to file a declaration of candidacy with the appropriate filing officer if:
1139          (A) the individual is located outside of the state during the entire filing period;
1140          (B) the designated agent appears in person before the filing officer; and
1141          (C) the individual communicates with the filing officer using an electronic device that
1142     allows the individual and filing officer to see and hear each other.
1143          (2) (a) At the time of filing, and before accepting the petition, the filing officer shall

1144     read the constitutional and statutory requirements for candidacy to the candidate.
1145          (b) If the candidate states that he does not meet the requirements, the filing officer may
1146     not accept the petition.
1147          (3) (a) Persons filing a certificate of nomination for president of the United States
1148     under this section shall pay a filing fee of $500.
1149          (b) Notwithstanding Subsection (1), a person filing a certificate of nomination for
1150     president or vice president of the United States:
1151          (i) may file the certificate of nomination between the second Friday in March and the
1152     close of normal office hours on August 15 of the year in which the regular general election will
1153     be held; and
1154          (ii) may use a designated agent to file the certificate of nomination.
1155          (c) An agent designated [to file the certificate of nomination] under Subsection
1156     (1)(b)(ii) or described in Subsection (3)(b)(ii) may not sign the certificate of nomination form.
1157          [(4) Notwithstanding the requirement in Subsection (1) to file a certificate of
1158     nomination in person, a person may designate an agent to file the certificate of nomination in
1159     person with the filing officer if:]
1160          [(a) the person is located outside the state during the filing period because:]
1161          [(i) of employment with the state or the United States; or]
1162          [(ii) the person is a member of:]
1163          [(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1164     Coast Guard of the United States who is on active duty;]
1165          [(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1166     commissioned corps of the National Oceanic and Atmospheric Administration of the United
1167     States; or]
1168          [(C) the National Guard on activated status; and]
1169          [(b) the person communicates with the filing officer using an electronic device that
1170     allows the person and the filing officer to see and hear each other.]
1171          Section 12. Section 20A-9-504 is amended to read:
1172          20A-9-504. Unaffiliated candidates -- Governor and president of the United
1173     States.
1174          (1) (a) Each unaffiliated candidate for governor shall, before July 1 of the regular

1175     general election year, select a running mate to file as an unaffiliated candidate for the office of
1176     lieutenant governor.
1177          (b) The unaffiliated lieutenant governor candidate shall, by July 1 of the regular general
1178     election year, file as an unaffiliated candidate by following the procedures and requirements of
1179     this part.
1180          (2) (a) Each unaffiliated candidate for president of the United States shall, before 5
1181     p.m. on August 15 of a regular general election year, select a running mate to file as an
1182     unaffiliated candidate for the office of vice president of the United States.
1183          (b) Before 5 p.m. on August 15 of a regular general election year, the unaffiliated
1184     candidate for vice president of the United States described in Subsection (2)(a) shall comply
1185     with the requirements of Subsection 20A-9-202[(8)](7).
1186          Section 13. Section 20A-9-601 is amended to read:
1187          20A-9-601. Qualifying as a write-in candidate.
1188          (1) (a) [Each person wishing] Except as provided in Subsection (1)(b), an individual
1189     who wishes to become a valid write-in candidate shall file a declaration of candidacy in person,
1190     or through a designated agent for a candidate for president or vice president of the United
1191     States, with the appropriate filing officer not later than 60 days before the regular general
1192     election or a municipal general election in which the [person] individual intends to be a
1193     write-in candidate.
1194          (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
1195     declaration of candidacy for president of the United States.
1196          (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
1197     declaration of candidacy with the appropriate filing officer if:
1198          (A) the individual is located outside of the state during the entire filing period;
1199          (B) the designated agent appears in person before the filing officer; and
1200          (C) the individual communicates with the filing officer using an electronic device that
1201     allows the individual and filing officer to see and hear each other.
1202          [(b) (i)] (2) (a) The form of the declaration of candidacy for all offices, except
1203     president or vice president of the United States, is substantially as follows:
1204          "State of Utah, County of ____
1205          I, ______________, declare my intention of becoming a candidate for the office of

1206     ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
1207     qualifications to hold the office, both legally and constitutionally, if selected; I reside at
1208     _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
1209     not knowingly violate any law governing campaigns and elections; if filing via a designated
1210     agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
1211     campaign financial disclosure reports as required by law; and I understand that failure to do so
1212     will result in my disqualification as a candidate for this office and removal of my name from
1213     the ballot. The mailing address that I designate for receiving official election notices is
1214     ___________________________.
1215          ____________________________________________________________________
1216          Subscribed and sworn before me this __________(month\day\year).
1217          Notary Public (or other officer qualified to administer oath)."
1218          [(ii)] (b) The form of the declaration of candidacy for president of the United States is
1219     substantially as follows:
1220          "State of Utah, County of ____
1221          I, ______________, declare my intention of becoming a candidate for the office of the
1222     president of the United States. I do solemnly swear that: I will meet the qualifications to hold
1223     the office, both legally and constitutionally, if selected; I reside at _____________ in the City
1224     or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
1225     any law governing campaigns and elections. The mailing address that I designate for receiving
1226     official election notices is ___________________________. I designate _______________ as
1227     my vice presidential candidate.
1228          ____________________________________________________________________
1229          Subscribed and sworn before me this __________(month\day\year).
1230          Notary Public (or other officer qualified to administer oath.)"
1231          [(iii)] (c) A declaration of candidacy for a write-in candidate for vice president of the
1232     United States shall be in substantially the same form as a declaration of candidacy described in
1233     Subsection 20A-9-202[(8)](7).
1234          [(iv)] (d) An agent [designated to file a declaration of candidacy under Subsection (2)]
1235     described in Subsection (1)(a) or (b) may not sign the form described in Subsection [(1)(b)(i) or
1236     (ii)] (2)(a) or (b).

1237          [(c) (i)] (3) (a) The filing officer shall:
1238          [(A)] (i) read to the candidate the constitutional and statutory requirements for the
1239     office; and
1240          [(B)] (ii) ask the candidate whether or not the candidate meets the requirements.
1241          [(ii)] (b) If the candidate cannot meet the requirements of office, the filing officer may
1242     not accept the write-in candidate's declaration of candidacy.
1243          [(2) Notwithstanding the requirement in Subsection (1) to file a declaration of
1244     candidacy in person, a person may designate an agent to file the declaration of candidacy in
1245     person with the filing officer if:]
1246          [(a) the person is located outside the state during the filing period because:]
1247          [(i) of employment with the state or the United States; or]
1248          [(ii) the person is a member of:]
1249          [(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1250     Coast Guard of the United States who is on active duty;]
1251          [(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1252     commissioned corps of the National Oceanic and Atmospheric Administration of the United
1253     States; or]
1254          [(C) the National Guard on activated status; and]
1255          [(b) the person communicates with the filing officer using an electronic device that
1256     allows the person and filing officer to see and hear each other.]
1257          [(3)] (4) By November 1 of each regular general election year, the lieutenant governor
1258     shall certify to each county clerk the names of all write-in candidates who filed their
1259     declaration of candidacy with the lieutenant governor.
1260          Section 14. Section 20A-11-1005 is amended to read:
1261          20A-11-1005. Fines for failing to file a financial statement.
1262          (1) Except as provided in Subsections 20A-11-512(1)(b) and (4), the chief election
1263     officer shall fine a filing entity $100 for failing to file a financial statement by the filing
1264     deadline.
1265          (2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a
1266     manner similar to Subsection 20A-9-201[(5)](8)(d), the chief election officer shall impose the
1267     fine against the candidate or treasurer, as appropriate.

1268          (3) The chief election officer shall deposit fines collected under this chapter in the
1269     General Fund.
1270          Section 15. Effective date.
1271          If approved by two-thirds of all the members elected to each house, this bill takes effect
1272     upon approval by the governor, or the day following the constitutional time limit of Utah
1273     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1274     the date of veto override.






Legislative Review Note
Office of Legislative Research and General Counsel