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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the provisions of a notice of election to conform with existing law;
13 ▸ modifies a deadline relating to the voter information pamphlet;
14 ▸ requires a registered political party to notify the lieutenant governor of the dates of
15 the party's political conventions and changes in those dates;
16 ▸ modifies the director of elections' rulemaking authority;
17 ▸ modifies the declaration of candidacy for a write-in candidate; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 20A-4-107, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
26 by Coordination Clause, Laws of Utah 2014, Chapter 231
27 20A-5-101, as last amended by Laws of Utah 2017, Chapters 251, 267 and last
28 amended by Coordination Clause, Laws of Utah 2017, Chapter 267
29 20A-7-702, as last amended by Laws of Utah 2017, Chapters 251, 267, 291 and last
30 amended by Coordination Clause, Laws of Utah 2017, Chapter 267
31 20A-9-403, as last amended by Laws of Utah 2017, Chapter 91
32 20A-9-601, as last amended by Laws of Utah 2017, Chapter 63
33 ENACTS:
34 20A-8-402.5, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 20A-4-107 is amended to read:
38 20A-4-107. Review and disposition of provisional ballot envelopes.
39 (1) As used in this section, a person is "legally entitled to vote" if:
40 (a) the person:
41 (i) is registered to vote in the state;
42 (ii) votes the ballot for the voting precinct in which the person resides; and
43 (iii) provides valid voter identification to the poll worker;
44 (b) the person:
45 (i) is registered to vote in the state;
46 (ii) (A) provided valid voter identification to the poll worker; or
47 (B) either failed to provide valid voter identification or the documents provided as
48 valid voter identification were inadequate and the poll worker recorded that fact in the official
49 register but the county clerk verifies the person's identity and residence through some other
50 means; and
51 (iii) did not vote in the person's precinct of residence, but the ballot that the person
52 voted was from the person's county of residence and includes one or more candidates or ballot
53 propositions on the ballot voted in the person's precinct of residence; or
54 (c) the person:
55 (i) is registered to vote in the state;
56 (ii) either failed to provide valid voter identification or the documents provided as
57 valid voter identification were inadequate and the poll worker recorded that fact in the official
58 register; and
59 (iii) (A) the county clerk verifies the person's identity and residence through some other
60 means as reliable as photo identification; or
61 (B) the person provides valid voter identification to the county clerk or an election
62 officer who is administering the election by the close of normal office hours on Monday after
63 the date of the election.
64 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
65 the affirmation on the face of each provisional ballot envelope and determine if the person
66 signing the affirmation is:
67 (i) registered to vote in this state; and
68 (ii) legally entitled to vote:
69 (A) the ballot that the person voted; or
70 (B) if the ballot is from the person's county of residence, for at least one ballot
71 proposition or candidate on the ballot that the person voted.
72 (b) If the election officer determines that the person is not registered to vote in this
73 state or is not legally entitled to vote in the county or for any of the ballot propositions or
74 candidates on the ballot that the person voted, the election officer shall retain the ballot
75 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
76 produce or count it.
77 (c) If the election officer determines that the person is registered to vote in this state
78 and is legally entitled to vote in the county and for at least one of the ballot propositions or
79 candidates on the ballot that the person voted, the election officer shall remove the ballot from
80 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
81 those ballots at the canvass.
82 (d) The election officer may not count, or allow to be counted a provisional ballot
83 unless the person's identity and residence is established by a preponderance of the evidence.
84 (3) If the election officer determines that the person is registered to vote in this state,
85 the election officer shall ensure that the voter registration records are updated to reflect the
86 information provided on the provisional ballot envelope.
87 (4) If the election officer determines that the person is not registered to vote in this
88 state and the information on the provisional ballot envelope is complete, the election officer
89 shall:
90 (a) consider the provisional ballot envelope a voter registration form for the person's
91 county of residence; and
92 (b) (i) register the person if the voter's county of residence is within the county; or
93 (ii) forward the voter registration form to the election officer of the person's county of
94 residence, which election officer shall register the person.
95 (5) Notwithstanding any provision of this section, the election officer shall remove the
96 ballot from a provisional ballot envelope and place the ballot with the absentee ballots to be
97 counted with those ballots at the canvass, if:
98 (a) [
99 section, that the sole reason a provisional ballot may not otherwise be counted is because the
100 voter registration was filed less than eight days before the election;
101 [
102 ballot:
103 [
104 [
105 [
106 (5)[
107 [
108 the day of the election[
109 [
110
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112 Section 2. Section 20A-5-101 is amended to read:
113 20A-5-101. Notice of election.
114 (1) On or before November 15 in the year before each regular general election year, the
115 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
116 (a) designates the offices to be filled at the next year's regular general election;
117 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
118 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
119 and 20A-9-408 for those offices; and
120 [
121
122 [
123 that have qualified for the ballot as of that date.
124 (2) (a) No later than seven business days after the day on which the lieutenant governor
125 transmits the written notice described in Subsection (1), each county clerk shall:
126 (i) publish a notice:
127 (A) once in a newspaper published in that county; and
128 (B) as required in Section 45-1-101; or
129 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
130 give notice of the election to the voters in each voting precinct within the county; and
131 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
132 where the notice was posted.
133 (b) The notice required by Subsection (2)(a) shall:
134 (i) designate the offices to be voted on in that election; and
135 (ii) identify the dates for filing a declaration of candidacy for those offices.
136 (3) Before each election, the election officer shall give printed notice of the following
137 information, or printed notice of a website where the following information can be obtained:
138 (a) the date of election;
139 (b) the hours during which the polls will be open;
140 (c) the polling places for each voting precinct, early voting polling place, and election
141 day voting center;
142 (d) the address of the Statewide Electronic Voter Information Website and, if available,
143 the address of the election officer's website, with a statement indicating that the election officer
144 will post on the website any changes to the location of a polling place and the location of any
145 additional polling place;
146 (e) a phone number that a voter may call to obtain information regarding the location of
147 a polling place; and
148 (f) the qualifications for persons to vote in the election.
149 (4) To provide the printed notice described in Subsection (3), the election officer shall:
150 (a) publish the notice at least two days before election day:
151 (i) in a newspaper of general circulation common to the area to which the election
152 pertains; and
153 (ii) as required in Section 45-1-101; or
154 (b) mail the notice to each registered voter who resides in the area to which the election
155 pertains at least five days before election day.
156 Section 3. Section 20A-7-702 is amended to read:
157 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
158 (1) The lieutenant governor shall ensure that all information submitted for publication
159 in the voter information pamphlet is:
160 (a) printed and bound in a single pamphlet;
161 (b) printed in clear readable type, no less than 10 point, except that the text of any
162 measure may be set forth in eight-point type; and
163 (c) printed on a quality and weight of paper that best serves the voters.
164 (2) The voter information pamphlet shall contain the following items in this order:
165 (a) a cover title page;
166 (b) an introduction to the pamphlet by the lieutenant governor;
167 (c) a table of contents;
168 (d) a list of all candidates for constitutional offices;
169 (e) a list of candidates for each legislative district;
170 (f) a 100-word statement of qualifications for each candidate for the office of governor,
171 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
172 candidate to the lieutenant governor's office before 5 p.m. on the [
173 business day in August before the date of the election;
174 (g) information pertaining to all measures to be submitted to the voters, beginning a
175 new page for each measure and containing, in the following order for each measure:
176 (i) a copy of the number and ballot title of the measure;
177 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
178 the Legislature or by referendum;
179 (iii) the impartial analysis of the measure prepared by the Office of Legislative
180 Research and General Counsel;
181 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
182 measure, the arguments against the measure, and the rebuttal to the arguments against the
183 measure, with the name and title of the authors at the end of each argument or rebuttal;
184 (v) for each constitutional amendment, a complete copy of the text of the constitutional
185 amendment, with all new language underlined, and all deleted language placed within brackets;
186 (vi) for each initiative qualified for the ballot:
187 (A) a copy of the measure as certified by the lieutenant governor and a copy of the
188 fiscal impact estimate prepared according to Section 20A-7-202.5; and
189 (B) if the initiative proposes a tax increase, the following statement in bold type:
190 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
191 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
192 increase in the current tax rate."; and
193 (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
194 being submitted to the voters for their approval or rejection, with all new language underlined
195 and all deleted language placed within brackets, as applicable;
196 (h) a description provided by the Judicial Performance Evaluation Commission of the
197 selection and retention process for judges, including, in the following order:
198 (i) a description of the judicial selection process;
199 (ii) a description of the judicial performance evaluation process;
200 (iii) a description of the judicial retention election process;
201 (iv) a list of the criteria of the judicial performance evaluation and the minimum
202 performance standards;
203 (v) the names of the judges standing for retention election; and
204 (vi) for each judge:
205 (A) a list of the counties in which the judge is subject to retention election;
206 (B) a short biography of professional qualifications and a recent photograph;
207 (C) a narrative concerning the judge's performance;
208 (D) for each standard of performance, a statement identifying whether or not the judge
209 met the standard and, if not, the manner in which the judge failed to meet the standard;
210 (E) a statement identifying whether or not the Judicial Performance Evaluation
211 Commission recommends the judge be retained or declines to make a recommendation and the
212 number of votes for and against the commission's recommendation;
213 (F) any statement provided by a judge who is not recommended for retention by the
214 Judicial Performance Evaluation Commission under Section 78A-12-203;
215 (G) in a bar graph, the average of responses to each survey category, displayed with an
216 identification of the minimum acceptable score as set by Section 78A-12-205 and the average
217 score of all judges of the same court level; and
218 (H) a website address that contains the Judicial Performance Evaluation Commission's
219 report on the judge's performance evaluation;
220 (i) for each judge, a statement provided by the Utah Supreme Court identifying the
221 cumulative number of informal reprimands, when consented to by the judge in accordance with
222 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
223 censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
224 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
225 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
226 that the judge has received;
227 (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
228 indicating the ballot marking procedure used by each county and explaining how to mark the
229 ballot for each procedure;
230 (k) voter registration information, including information on how to obtain an absentee
231 ballot;
232 (l) a list of all county clerks' offices and phone numbers;
233 (m) the address of the Statewide Electronic Voter Information Website, with a
234 statement indicating that the election officer will post on the website any changes to the
235 location of a polling place and the location of any additional polling place;
236 (n) a phone number that a voter may call to obtain information regarding the location
237 of a polling place; and
238 (o) on the back cover page, a printed copy of the following statement signed by the
239 lieutenant governor:
240 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
241 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
242 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
243 correct according to law.
244 SEAL
245 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
246 of ____ (month), ____ (year)
247
(signed) ____________________________________
248
Lieutenant Governor"
249 (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
250 commences, the lieutenant governor shall:
251 (a) (i) distribute one copy of the voter information pamphlet to each household within
252 the state;
253 (ii) distribute to each household within the state a notice:
254 (A) printed on a postage prepaid, preaddressed return form that a person may use to
255 request delivery of a voter information pamphlet by mail;
256 (B) that states the address of the Statewide Electronic Voter Information Website
257 authorized by Section 20A-7-801; and
258 (C) that states the phone number a voter may call to request delivery of a voter
259 information pamphlet by mail; or
260 (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
261 every newspaper of general circulation in the state;
262 (b) ensure that a sufficient number of printed voter information pamphlets are available
263 for distribution as required by this section;
264 (c) provide voter information pamphlets to each county clerk for free distribution upon
265 request and for placement at polling places; and
266 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
267 before the election.
268 (4) The lieutenant governor may distribute a voter information pamphlet at a location
269 frequented by a person who cannot easily access the Statewide Electronic Voter Information
270 Website authorized by Section 20A-7-801.
271 Section 4. Section 20A-8-402.5 is enacted to read:
272 20A-8-402.5. Notification of political convention dates.
273 (1) On or before February 15 of each even-numbered year, a registered political party
274 shall notify the lieutenant governor of the dates of each political convention that will be held by
275 the registered political party that year.
276 (2) If, after providing the notice described in Subsection (1), a registered political party
277 changes the date of a political convention, the registered political party shall notify the
278 lieutenant governor of the change within one business day after the day on which the registered
279 political party makes the change.
280 Section 5. Section 20A-9-403 is amended to read:
281 20A-9-403. Regular primary elections.
282 (1) (a) Candidates for elective office that are to be filled at the next regular general
283 election shall be nominated in a regular primary election by direct vote of the people in the
284 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
285 designated as regular primary election day. Nothing in this section shall affect a candidate's
286 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
287 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
288 Section 20A-9-601.
289 (b) Each registered political party that chooses to have the names of the registered
290 political party's candidates for elective office featured with party affiliation on the ballot at a
291 regular general election shall comply with the requirements of this section and shall nominate
292 the registered political party's candidates for elective office in the manner described in this
293 section.
294 (c) A filing officer may not permit an official ballot at a regular general election to be
295 produced or used if the ballot denotes affiliation between a registered political party or any
296 other political group and a candidate for elective office who is not nominated in the manner
297 prescribed in this section or in Subsection 20A-9-202(4).
298 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
299 even-numbered year in which a regular general election will be held.
300 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
301 shall:
302 (i) either declare the registered political party's intent to participate in the next regular
303 primary election or declare that the registered political party chooses not to have the names of
304 the registered political party's candidates for elective office featured on the ballot at the next
305 regular general election; and
306 (ii) if the registered political party participates in the upcoming regular primary
307 election, identify one or more registered political parties whose members may vote for the
308 registered political party's candidates and whether individuals identified as unaffiliated with a
309 political party may vote for the registered political party's candidates.
310 (b) (i) A registered political party that is a continuing political party shall file the
311 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
312 November 30 of each odd-numbered year.
313 (ii) An organization that is seeking to become a registered political party under Section
314 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
315 political party files the petition described in Section 20A-8-103.
316 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
317 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
318 office on the regular primary ballot of the registered political party listed on the declaration of
319 candidacy only if the individual is certified by the appropriate filing officer as having submitted
320 a set of nomination petitions that was:
321 (i) circulated and completed in accordance with Section 20A-9-405; and
322 (ii) signed by at least 2% of the registered political party's members who reside in the
323 political division of the office that the individual seeks.
324 (b) (i) A candidate for elective office shall submit nomination petitions to the
325 appropriate filing officer for verification and certification no later than 5 p.m. on the final day
326 in March.
327 (ii) A candidate may supplement the candidate's submissions at any time on or before
328 the filing deadline.
329 (c) (i) The lieutenant governor shall determine for each elective office the total number
330 of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
331 number of individuals residing in each elective office's political division who have designated a
332 particular registered political party on the individuals' voter registration forms on or before
333 November 15 of each odd-numbered year.
334 (ii) The lieutenant governor shall publish the determination for each elective office no
335 later than November 30 of each odd-numbered year.
336 (d) The filing officer shall:
337 (i) verify signatures on nomination petitions in a transparent and orderly manner;
338 (ii) for all qualifying candidates for elective office who submit nomination petitions to
339 the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on the
340 first Monday after the third Saturday in April;
341 (iii) consider active and inactive voters eligible to sign nomination petitions;
342 (iv) consider an individual who signs a nomination petition a member of a registered
343 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
344 registered political party as the individual's party membership on the individual's voter
345 registration form; and
346 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
347 petition signatures, or use statistical sampling procedures to verify submitted nomination
348 petition signatures in accordance with rules made under Subsection (3)(f).
349 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
350 lieutenant governor may appear on the regular primary ballot of a registered political party
351 without submitting nomination petitions if the candidate files a declaration of candidacy and
352 complies with Subsection 20A-9-202(3).
353 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
354 director of elections, within the Office of the Lieutenant Governor, [
355 (i) provide for the use of statistical sampling procedures that:
356 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
357 (B) reflect a bona fide effort to determine the validity of a candidate's entire
358 submission, using widely recognized statistical sampling techniques; and
359 (ii) provide for the transparent, orderly, and timely submission, verification, and
360 certification of nomination petition signatures.
361 (g) The county clerk shall:
362 (i) review the declarations of candidacy filed by candidates for local boards of
363 education to determine if more than two candidates have filed for the same seat;
364 (ii) place the names of all candidates who have filed a declaration of candidacy for a
365 local board of education seat on the nonpartisan section of the ballot if more than two
366 candidates have filed for the same seat; and
367 (iii) determine the order of the local board of education candidates' names on the ballot
368 in accordance with Section 20A-6-305.
369 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
370 governor shall provide to the county clerks:
371 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
372 county, and county offices who have received certifications under Subsection (3), along with
373 instructions on how those names shall appear on the primary election ballot in accordance with
374 Section 20A-6-305; and
375 (ii) a list of unopposed candidates for elective office who have been nominated by a
376 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
377 unopposed candidates from the primary election ballot.
378 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
379 joint-ticket running mates shall appear jointly on the primary election ballot.
380 (c) After the county clerk receives the certified list from the lieutenant governor under
381 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
382 substantially the following form:
383 "Notice is given that a primary election will be held Tuesday, June ____,
384 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
385 local school board positions listed on the primary ballot. The polling place for voting precinct
386 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
387 Attest: county clerk."
388 (5) (a) A candidate, other than a presidential candidate, who, at the regular primary
389 election, receives the highest number of votes cast for the office sought by the candidate is:
390 (i) nominated for that office by the candidate's registered political party; or
391 (ii) for a nonpartisan local school board position, nominated for that office.
392 (b) If two or more candidates, other than presidential candidates, are to be elected to
393 the office at the regular general election, those party candidates equal in number to positions to
394 be filled who receive the highest number of votes at the regular primary election are the
395 nominees of the candidates' party for those positions.
396 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
397 (A) no individual other than the candidate receives a certification under Subsection (3)
398 for the regular primary election ballot of the candidate's registered political party for a
399 particular elective office; or
400 (B) for an office where more than one individual is to be elected or nominated, the
401 number of candidates who receive certification under Subsection (3) for the regular primary
402 election of the candidate's registered political party does not exceed the total number of
403 candidates to be elected or nominated for that office.
404 (ii) A candidate who is unopposed for an elective office in the regular primary election
405 of a registered political party is nominated by the party for that office without appearing on the
406 primary election ballot.
407 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
408 office that represents more than one county, the governor, lieutenant governor, and attorney
409 general shall, at a public meeting called by the governor and in the presence of the candidates
410 involved, select the nominee by lot cast in whatever manner the governor determines.
411 (b) When a tie vote occurs in any primary election for any county office, the district
412 court judges of the district in which the county is located shall, at a public meeting called by
413 the judges and in the presence of the candidates involved, select the nominee by lot cast in
414 whatever manner the judges determine.
415 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
416 primary election provided for by this section, and all expenses necessarily incurred in the
417 preparation for or the conduct of that primary election shall be paid out of the treasury of the
418 county or state, in the same manner as for the regular general elections.
419 (8) An individual may not file a declaration of candidacy for a registered political party
420 of which the individual is not a member, except to the extent that the registered political party
421 permits otherwise under the registered political party's bylaws.
422 Section 6. Section 20A-9-601 is amended to read:
423 20A-9-601. Qualifying as a write-in candidate.
424 (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration
425 of candidacy in person, or through a designated agent for a candidate for president or vice
426 president of the United States, with the appropriate filing officer not later than 60 days before
427 the regular general election or a municipal general election in which the person intends to be a
428 write-in candidate.
429 (b) (i) The form of the declaration of candidacy for all offices, except president or vice
430 president of the United States, is substantially as follows:
431 "State of Utah, County of ____
432 I, ______________, declare my intention of becoming a candidate for the office of
433 ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
434 qualifications to hold the office, both legally and constitutionally, if selected; I reside at
435 _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
436 not knowingly violate any law governing campaigns and elections; I will file all campaign
437 financial disclosure reports as required by law; and I understand that failure to do so will result
438 in my disqualification as a candidate for this office and [
439 rejection of any votes cast for me. The mailing address that I designate for receiving official
440 election notices is ___________________________.
441 ____________________________________________________________________
442 Subscribed and sworn before me this __________(month\day\year).
443 Notary Public (or other officer qualified to administer oath)."
444 (ii) The form of the declaration of candidacy for president of the United States is
445 substantially as follows:
446 "State of Utah, County of ____
447 I, ______________, declare my intention of becoming a candidate for the office of the
448 president of the United States. I do solemnly swear that: I will meet the qualifications to hold
449 the office, both legally and constitutionally, if selected; I reside at _____________ in the City
450 or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
451 any law governing campaigns and elections. The mailing address that I designate for receiving
452 official election notices is ___________________________. I designate _______________ as
453 my vice presidential candidate.
454 ____________________________________________________________________
455 Subscribed and sworn before me this __________(month\day\year).
456 Notary Public (or other officer qualified to administer oath.)"
457 (iii) A declaration of candidacy for a write-in candidate for vice president of the United
458 States shall be in substantially the same form as a declaration of candidacy described in
459 Subsection 20A-9-202(8).
460 (iv) An agent designated to file a declaration of candidacy under Subsection (2) may
461 not sign the form described in Subsection (1)(b)(i) or (ii).
462 (c) (i) The filing officer shall:
463 (A) read to the candidate the constitutional and statutory requirements for the office;
464 and
465 (B) ask the candidate whether or not the candidate meets the requirements.
466 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
467 accept the write-in candidate's declaration of candidacy.
468 (2) Notwithstanding the requirement in Subsection (1) to file a declaration of
469 candidacy in person, a person may designate an agent to file the declaration of candidacy in
470 person with the filing officer if:
471 (a) the person is located outside the state during the filing period because:
472 (i) of employment with the state or the United States; or
473 (ii) the person is a member of:
474 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
475 Coast Guard of the United States who is on active duty;
476 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
477 commissioned corps of the National Oceanic and Atmospheric Administration of the United
478 States; or
479 (C) the National Guard on activated status; and
480 (b) the person communicates with the filing officer using an electronic device that
481 allows the person and filing officer to see and hear each other.
482 (3) By November 1 of each regular general election year, the lieutenant governor shall
483 certify to each county clerk the names of all write-in candidates who filed their declaration of
484 candidacy with the lieutenant governor.