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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill amends provisions of the Election Code.
12 Highlighted Provisions:
13 This bill:
14 ▸ modifies the provisions of a notice of election to conform with existing law;
15 ▸ modifies a deadline relating to the voter information pamphlet;
16 ▸ requires a registered political party to notify the lieutenant governor of the dates of
17 the party's political conventions and changes in those dates;
18 ▸ modifies the director of elections' rulemaking authority;
19 ▸ modifies the declaration of candidacy for a write-in candidate; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 20A-4-107, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
28 by Coordination Clause, Laws of Utah 2014, Chapter 231
29 20A-5-101, as last amended by Laws of Utah 2017, Chapters 251, 267 and last
30 amended by Coordination Clause, Laws of Utah 2017, Chapter 267
31 20A-7-702, as last amended by Laws of Utah 2017, Chapters 251, 267, 291 and last
32 amended by Coordination Clause, Laws of Utah 2017, Chapter 267
33 20A-9-403, as last amended by Laws of Utah 2017, Chapter 91
34 20A-9-601, as last amended by Laws of Utah 2017, Chapter 63
35 ENACTS:
36 20A-8-402.5, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 20A-4-107 is amended to read:
40 20A-4-107. Review and disposition of provisional ballot envelopes.
41 (1) As used in this section, a person is "legally entitled to vote" if:
42 (a) the person:
43 (i) is registered to vote in the state;
44 (ii) votes the ballot for the voting precinct in which the person resides; and
45 (iii) provides valid voter identification to the poll worker;
46 (b) the person:
47 (i) is registered to vote in the state;
48 (ii) (A) provided valid voter identification to the poll worker; or
49 (B) either failed to provide valid voter identification or the documents provided as
50 valid voter identification were inadequate and the poll worker recorded that fact in the official
51 register but the county clerk verifies the person's identity and residence through some other
52 means; and
53 (iii) did not vote in the person's precinct of residence, but the ballot that the person
54 voted was from the person's county of residence and includes one or more candidates or ballot
55 propositions on the ballot voted in the person's precinct of residence; or
56 (c) the person:
57 (i) is registered to vote in the state;
58 (ii) either failed to provide valid voter identification or the documents provided as
59 valid voter identification were inadequate and the poll worker recorded that fact in the official
60 register; and
61 (iii) (A) the county clerk verifies the person's identity and residence through some other
62 means as reliable as photo identification; or
63 (B) the person provides valid voter identification to the county clerk or an election
64 officer who is administering the election by the close of normal office hours on Monday after
65 the date of the election.
66 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
67 the affirmation on the face of each provisional ballot envelope and determine if the person
68 signing the affirmation is:
69 (i) registered to vote in this state; and
70 (ii) legally entitled to vote:
71 (A) the ballot that the person voted; or
72 (B) if the ballot is from the person's county of residence, for at least one ballot
73 proposition or candidate on the ballot that the person voted.
74 (b) If the election officer determines that the person is not registered to vote in this
75 state or is not legally entitled to vote in the county or for any of the ballot propositions or
76 candidates on the ballot that the person voted, the election officer shall retain the ballot
77 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
78 produce or count it.
79 (c) If the election officer determines that the person is registered to vote in this state
80 and is legally entitled to vote in the county and for at least one of the ballot propositions or
81 candidates on the ballot that the person voted, the election officer shall remove the ballot from
82 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
83 those ballots at the canvass.
84 (d) The election officer may not count, or allow to be counted a provisional ballot
85 unless the person's identity and residence is established by a preponderance of the evidence.
86 (3) If the election officer determines that the person is registered to vote in this state,
87 the election officer shall ensure that the voter registration records are updated to reflect the
88 information provided on the provisional ballot envelope.
89 (4) If the election officer determines that the person is not registered to vote in this
90 state and the information on the provisional ballot envelope is complete, the election officer
91 shall:
92 (a) consider the provisional ballot envelope a voter registration form for the person's
93 county of residence; and
94 (b) (i) register the person if the voter's county of residence is within the county; or
95 (ii) forward the voter registration form to the election officer of the person's county of
96 residence, which election officer shall register the person.
97 (5) Notwithstanding any provision of this section, the election officer shall remove the
98 ballot from a provisional ballot envelope and place the ballot with the absentee ballots to be
99 counted with those ballots at the canvass, if:
100 (a) [
101 section, that the sole reason a provisional ballot may not otherwise be counted is because the
102 voter registration was filed less than eight days before the election;
103 [
104 ballot:
105 [
106 [
107 [
108 (5)[
109 [
110 the day of the election[
111 [
112
113
114 Section 2. Section 20A-5-101 is amended to read:
115 20A-5-101. Notice of election.
116 (1) On or before November 15 in the year before each regular general election year, the
117 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
118 (a) designates the offices to be filled at the next year's regular general election;
119 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
120 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
121 and 20A-9-408 for those offices; and
122 [
123
124 [
125 that have qualified for the ballot as of that date.
126 (2) (a) No later than seven business days after the day on which the lieutenant governor
127 transmits the written notice described in Subsection (1), each county clerk shall:
128 (i) publish a notice:
129 (A) once in a newspaper published in that county; and
130 (B) as required in Section 45-1-101; or
131 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
132 give notice of the election to the voters in each voting precinct within the county; and
133 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
134 where the notice was posted.
135 (b) The notice required by Subsection (2)(a) shall:
136 (i) designate the offices to be voted on in that election; and
137 (ii) identify the dates for filing a declaration of candidacy for those offices.
138 (3) Before each election, the election officer shall give printed notice of the following
139 information, or printed notice of a website where the following information can be obtained:
140 (a) the date of election;
141 (b) the hours during which the polls will be open;
142 (c) the polling places for each voting precinct, early voting polling place, and election
143 day voting center;
144 (d) the address of the Statewide Electronic Voter Information Website and, if available,
145 the address of the election officer's website, with a statement indicating that the election officer
146 will post on the website any changes to the location of a polling place and the location of any
147 additional polling place;
148 (e) a phone number that a voter may call to obtain information regarding the location of
149 a polling place; and
150 (f) the qualifications for persons to vote in the election.
151 (4) To provide the printed notice described in Subsection (3), the election officer shall:
152 (a) publish the notice at least two days before election day:
153 (i) in a newspaper of general circulation common to the area to which the election
154 pertains; and
155 (ii) as required in Section 45-1-101; or
156 (b) mail the notice to each registered voter who resides in the area to which the election
157 pertains at least five days before election day.
158 Section 3. Section 20A-7-702 is amended to read:
159 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
160 (1) The lieutenant governor shall ensure that all information submitted for publication
161 in the voter information pamphlet is:
162 (a) printed and bound in a single pamphlet;
163 (b) printed in clear readable type, no less than 10 point, except that the text of any
164 measure may be set forth in eight-point type; and
165 (c) printed on a quality and weight of paper that best serves the voters.
166 (2) The voter information pamphlet shall contain the following items in this order:
167 (a) a cover title page;
168 (b) an introduction to the pamphlet by the lieutenant governor;
169 (c) a table of contents;
170 (d) a list of all candidates for constitutional offices;
171 (e) a list of candidates for each legislative district;
172 (f) a 100-word statement of qualifications for each candidate for the office of governor,
173 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
174 candidate to the lieutenant governor's office before 5 p.m. on the [
175 business day in August before the date of the election;
176 (g) information pertaining to all measures to be submitted to the voters, beginning a
177 new page for each measure and containing, in the following order for each measure:
178 (i) a copy of the number and ballot title of the measure;
179 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
180 the Legislature or by referendum;
181 (iii) the impartial analysis of the measure prepared by the Office of Legislative
182 Research and General Counsel;
183 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
184 measure, the arguments against the measure, and the rebuttal to the arguments against the
185 measure, with the name and title of the authors at the end of each argument or rebuttal;
186 (v) for each constitutional amendment, a complete copy of the text of the constitutional
187 amendment, with all new language underlined, and all deleted language placed within brackets;
188 (vi) for each initiative qualified for the ballot:
189 (A) a copy of the measure as certified by the lieutenant governor and a copy of the
190 fiscal impact estimate prepared according to Section 20A-7-202.5; and
191 (B) if the initiative proposes a tax increase, the following statement in bold type:
192 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
193 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
194 increase in the current tax rate."; and
195 (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
196 being submitted to the voters for their approval or rejection, with all new language underlined
197 and all deleted language placed within brackets, as applicable;
198 (h) a description provided by the Judicial Performance Evaluation Commission of the
199 selection and retention process for judges, including, in the following order:
200 (i) a description of the judicial selection process;
201 (ii) a description of the judicial performance evaluation process;
202 (iii) a description of the judicial retention election process;
203 (iv) a list of the criteria of the judicial performance evaluation and the minimum
204 performance standards;
205 (v) the names of the judges standing for retention election; and
206 (vi) for each judge:
207 (A) a list of the counties in which the judge is subject to retention election;
208 (B) a short biography of professional qualifications and a recent photograph;
209 (C) a narrative concerning the judge's performance;
210 (D) for each standard of performance, a statement identifying whether or not the judge
211 met the standard and, if not, the manner in which the judge failed to meet the standard;
212 (E) a statement identifying whether or not the Judicial Performance Evaluation
213 Commission recommends the judge be retained or declines to make a recommendation and the
214 number of votes for and against the commission's recommendation;
215 (F) any statement provided by a judge who is not recommended for retention by the
216 Judicial Performance Evaluation Commission under Section 78A-12-203;
217 (G) in a bar graph, the average of responses to each survey category, displayed with an
218 identification of the minimum acceptable score as set by Section 78A-12-205 and the average
219 score of all judges of the same court level; and
220 (H) a website address that contains the Judicial Performance Evaluation Commission's
221 report on the judge's performance evaluation;
222 (i) for each judge, a statement provided by the Utah Supreme Court identifying the
223 cumulative number of informal reprimands, when consented to by the judge in accordance with
224 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
225 censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
226 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
227 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
228 that the judge has received;
229 (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
230 indicating the ballot marking procedure used by each county and explaining how to mark the
231 ballot for each procedure;
232 (k) voter registration information, including information on how to obtain an absentee
233 ballot;
234 (l) a list of all county clerks' offices and phone numbers;
235 (m) the address of the Statewide Electronic Voter Information Website, with a
236 statement indicating that the election officer will post on the website any changes to the
237 location of a polling place and the location of any additional polling place;
238 (n) a phone number that a voter may call to obtain information regarding the location
239 of a polling place; and
240 (o) on the back cover page, a printed copy of the following statement signed by the
241 lieutenant governor:
242 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
243 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
244 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
245 correct according to law.
246 SEAL
247 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
248 of ____ (month), ____ (year)
249
(signed) ____________________________________
250
Lieutenant Governor"
251 (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
252 commences, the lieutenant governor shall:
253 (a) (i) distribute one copy of the voter information pamphlet to each household within
254 the state;
255 (ii) distribute to each household within the state a notice:
256 (A) printed on a postage prepaid, preaddressed return form that a person may use to
257 request delivery of a voter information pamphlet by mail;
258 (B) that states the address of the Statewide Electronic Voter Information Website
259 authorized by Section 20A-7-801; and
260 (C) that states the phone number a voter may call to request delivery of a voter
261 information pamphlet by mail; or
262 (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
263 every newspaper of general circulation in the state;
264 (b) ensure that a sufficient number of printed voter information pamphlets are available
265 for distribution as required by this section;
266 (c) provide voter information pamphlets to each county clerk for free distribution upon
267 request and for placement at polling places; and
268 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
269 before the election.
270 (4) The lieutenant governor may distribute a voter information pamphlet at a location
271 frequented by a person who cannot easily access the Statewide Electronic Voter Information
272 Website authorized by Section 20A-7-801.
273 Section 4. Section 20A-8-402.5 is enacted to read:
274 20A-8-402.5. Notification of political convention dates.
275 (1) On or before February 15 of each even-numbered year, a registered political party
276 shall notify the lieutenant governor of the dates of each political convention that will be held by
277 the registered political party that year.
278 (2) If, after providing the notice described in Subsection (1), a registered political party
279 changes the date of a political convention, the registered political party shall notify the
280 lieutenant governor of the change within one business day after the day on which the registered
281 political party makes the change.
282 Section 5. Section 20A-9-403 is amended to read:
283 20A-9-403. Regular primary elections.
284 (1) (a) Candidates for elective office that are to be filled at the next regular general
285 election shall be nominated in a regular primary election by direct vote of the people in the
286 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
287 designated as regular primary election day. Nothing in this section shall affect a candidate's
288 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
289 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
290 Section 20A-9-601.
291 (b) Each registered political party that chooses to have the names of the registered
292 political party's candidates for elective office featured with party affiliation on the ballot at a
293 regular general election shall comply with the requirements of this section and shall nominate
294 the registered political party's candidates for elective office in the manner described in this
295 section.
296 (c) A filing officer may not permit an official ballot at a regular general election to be
297 produced or used if the ballot denotes affiliation between a registered political party or any
298 other political group and a candidate for elective office who is not nominated in the manner
299 prescribed in this section or in Subsection 20A-9-202(4).
300 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
301 even-numbered year in which a regular general election will be held.
302 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
303 shall:
304 (i) either declare the registered political party's intent to participate in the next regular
305 primary election or declare that the registered political party chooses not to have the names of
306 the registered political party's candidates for elective office featured on the ballot at the next
307 regular general election; and
308 (ii) if the registered political party participates in the upcoming regular primary
309 election, identify one or more registered political parties whose members may vote for the
310 registered political party's candidates and whether individuals identified as unaffiliated with a
311 political party may vote for the registered political party's candidates.
312 (b) (i) A registered political party that is a continuing political party shall file the
313 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
314 November 30 of each odd-numbered year.
315 (ii) An organization that is seeking to become a registered political party under Section
316 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
317 political party files the petition described in Section 20A-8-103.
318 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
319 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
320 office on the regular primary ballot of the registered political party listed on the declaration of
321 candidacy only if the individual is certified by the appropriate filing officer as having submitted
322 a set of nomination petitions that was:
323 (i) circulated and completed in accordance with Section 20A-9-405; and
324 (ii) signed by at least 2% of the registered political party's members who reside in the
325 political division of the office that the individual seeks.
326 (b) (i) A candidate for elective office shall submit nomination petitions to the
327 appropriate filing officer for verification and certification no later than 5 p.m. on the final day
328 in March.
329 (ii) A candidate may supplement the candidate's submissions at any time on or before
330 the filing deadline.
331 (c) (i) The lieutenant governor shall determine for each elective office the total number
332 of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
333 number of individuals residing in each elective office's political division who have designated a
334 particular registered political party on the individuals' voter registration forms on or before
335 November 15 of each odd-numbered year.
336 (ii) The lieutenant governor shall publish the determination for each elective office no
337 later than November 30 of each odd-numbered year.
338 (d) The filing officer shall:
339 (i) verify signatures on nomination petitions in a transparent and orderly manner;
340 (ii) for all qualifying candidates for elective office who submit nomination petitions to
341 the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on the
342 first Monday after the third Saturday in April;
343 (iii) consider active and inactive voters eligible to sign nomination petitions;
344 (iv) consider an individual who signs a nomination petition a member of a registered
345 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
346 registered political party as the individual's party membership on the individual's voter
347 registration form; and
348 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
349 petition signatures, or use statistical sampling procedures to verify submitted nomination
350 petition signatures in accordance with rules made under Subsection (3)(f).
351 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
352 lieutenant governor may appear on the regular primary ballot of a registered political party
353 without submitting nomination petitions if the candidate files a declaration of candidacy and
354 complies with Subsection 20A-9-202(3).
355 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
356 director of elections, within the Office of the Lieutenant Governor, [
357 (i) provide for the use of statistical sampling procedures that:
358 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
359 (B) reflect a bona fide effort to determine the validity of a candidate's entire
360 submission, using widely recognized statistical sampling techniques; and
361 (ii) provide for the transparent, orderly, and timely submission, verification, and
362 certification of nomination petition signatures.
363 (g) The county clerk shall:
364 (i) review the declarations of candidacy filed by candidates for local boards of
365 education to determine if more than two candidates have filed for the same seat;
366 (ii) place the names of all candidates who have filed a declaration of candidacy for a
367 local board of education seat on the nonpartisan section of the ballot if more than two
368 candidates have filed for the same seat; and
369 (iii) determine the order of the local board of education candidates' names on the ballot
370 in accordance with Section 20A-6-305.
371 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
372 governor shall provide to the county clerks:
373 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
374 county, and county offices who have received certifications under Subsection (3), along with
375 instructions on how those names shall appear on the primary election ballot in accordance with
376 Section 20A-6-305; and
377 (ii) a list of unopposed candidates for elective office who have been nominated by a
378 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
379 unopposed candidates from the primary election ballot.
380 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
381 joint-ticket running mates shall appear jointly on the primary election ballot.
382 (c) After the county clerk receives the certified list from the lieutenant governor under
383 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
384 substantially the following form:
385 "Notice is given that a primary election will be held Tuesday, June ____,
386 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
387 local school board positions listed on the primary ballot. The polling place for voting precinct
388 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
389 Attest: county clerk."
390 (5) (a) A candidate, other than a presidential candidate, who, at the regular primary
391 election, receives the highest number of votes cast for the office sought by the candidate is:
392 (i) nominated for that office by the candidate's registered political party; or
393 (ii) for a nonpartisan local school board position, nominated for that office.
394 (b) If two or more candidates, other than presidential candidates, are to be elected to
395 the office at the regular general election, those party candidates equal in number to positions to
396 be filled who receive the highest number of votes at the regular primary election are the
397 nominees of the candidates' party for those positions.
398 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
399 (A) no individual other than the candidate receives a certification under Subsection (3)
400 for the regular primary election ballot of the candidate's registered political party for a
401 particular elective office; or
402 (B) for an office where more than one individual is to be elected or nominated, the
403 number of candidates who receive certification under Subsection (3) for the regular primary
404 election of the candidate's registered political party does not exceed the total number of
405 candidates to be elected or nominated for that office.
406 (ii) A candidate who is unopposed for an elective office in the regular primary election
407 of a registered political party is nominated by the party for that office without appearing on the
408 primary election ballot.
409 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
410 office that represents more than one county, the governor, lieutenant governor, and attorney
411 general shall, at a public meeting called by the governor and in the presence of the candidates
412 involved, select the nominee by lot cast in whatever manner the governor determines.
413 (b) When a tie vote occurs in any primary election for any county office, the district
414 court judges of the district in which the county is located shall, at a public meeting called by
415 the judges and in the presence of the candidates involved, select the nominee by lot cast in
416 whatever manner the judges determine.
417 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
418 primary election provided for by this section, and all expenses necessarily incurred in the
419 preparation for or the conduct of that primary election shall be paid out of the treasury of the
420 county or state, in the same manner as for the regular general elections.
421 (8) An individual may not file a declaration of candidacy for a registered political party
422 of which the individual is not a member, except to the extent that the registered political party
423 permits otherwise under the registered political party's bylaws.
424 Section 6. Section 20A-9-601 is amended to read:
425 20A-9-601. Qualifying as a write-in candidate.
426 (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration
427 of candidacy in person, or through a designated agent for a candidate for president or vice
428 president of the United States, with the appropriate filing officer not later than 60 days before
429 the regular general election or a municipal general election in which the person intends to be a
430 write-in candidate.
431 (b) (i) The form of the declaration of candidacy for all offices, except president or vice
432 president of the United States, is substantially as follows:
433 "State of Utah, County of ____
434 I, ______________, declare my intention of becoming a candidate for the office of
435 ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
436 qualifications to hold the office, both legally and constitutionally, if selected; I reside at
437 _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
438 not knowingly violate any law governing campaigns and elections; I will file all campaign
439 financial disclosure reports as required by law; and I understand that failure to do so will result
440 in my disqualification as a candidate for this office and [
441 rejection of any votes cast for me. The mailing address that I designate for receiving official
442 election notices is ___________________________.
443 ____________________________________________________________________
444 Subscribed and sworn before me this __________(month\day\year).
445 Notary Public (or other officer qualified to administer oath)."
446 (ii) The form of the declaration of candidacy for president of the United States is
447 substantially as follows:
448 "State of Utah, County of ____
449 I, ______________, declare my intention of becoming a candidate for the office of the
450 president of the United States. I do solemnly swear that: I will meet the qualifications to hold
451 the office, both legally and constitutionally, if selected; I reside at _____________ in the City
452 or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
453 any law governing campaigns and elections. The mailing address that I designate for receiving
454 official election notices is ___________________________. I designate _______________ as
455 my vice presidential candidate.
456 ____________________________________________________________________
457 Subscribed and sworn before me this __________(month\day\year).
458 Notary Public (or other officer qualified to administer oath.)"
459 (iii) A declaration of candidacy for a write-in candidate for vice president of the United
460 States shall be in substantially the same form as a declaration of candidacy described in
461 Subsection 20A-9-202(8).
462 (iv) An agent designated to file a declaration of candidacy under Subsection (2) may
463 not sign the form described in Subsection (1)(b)(i) or (ii).
464 (c) (i) The filing officer shall:
465 (A) read to the candidate the constitutional and statutory requirements for the office;
466 and
467 (B) ask the candidate whether or not the candidate meets the requirements.
468 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
469 accept the write-in candidate's declaration of candidacy.
470 (2) Notwithstanding the requirement in Subsection (1) to file a declaration of
471 candidacy in person, a person may designate an agent to file the declaration of candidacy in
472 person with the filing officer if:
473 (a) the person is located outside the state during the filing period because:
474 (i) of employment with the state or the United States; or
475 (ii) the person is a member of:
476 (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
477 Coast Guard of the United States who is on active duty;
478 (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
479 commissioned corps of the National Oceanic and Atmospheric Administration of the United
480 States; or
481 (C) the National Guard on activated status; and
482 (b) the person communicates with the filing officer using an electronic device that
483 allows the person and filing officer to see and hear each other.
484 (3) By November 1 of each regular general election year, the lieutenant governor shall
485 certify to each county clerk the names of all write-in candidates who filed their declaration of
486 candidacy with the lieutenant governor.
Legislative Review Note
Office of Legislative Research and General Counsel