1     
ELECTION LAW AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Merrill F. Nelson

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions in the Election Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits a voter from using a sticker or label to cast a vote on a paper ballot for a
13     write-in candidate;
14          ▸     changes the deadline for filing a declaration of candidacy as a write-in candidate;
15          ▸     amends provisions related to municipal candidate nomination processes;
16          ▸     establishes a filing fee for a write-in candidate; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a coordination clause.
22     Utah Code Sections Affected:
23     AMENDS:
24          20A-3-105, as last amended by Laws of Utah 2018, Chapter 187
25          20A-3-106, as last amended by Laws of Utah 2015, Chapter 296
26          20A-9-203, as last amended by Laws of Utah 2018, Chapters 11 and 365
27          20A-9-404, as last amended by Laws of Utah 2018, Chapters 187 and 274
28          20A-9-601, as last amended by Laws of Utah 2018, Chapters 11 and 80
29     Utah Code Sections Affected by Coordination Clause:

30          20A-9-404, as last amended by Laws of Utah 2018, Chapters 187 and 274
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 20A-3-105 is amended to read:
34          20A-3-105. Marking and depositing ballots.
35          (1) (a) Except as provided in Subsection (5), if a paper ballot is used, the voter, upon
36     receipt of the ballot, shall go to a voting booth and prepare the voter's ballot by marking the
37     appropriate position with a mark opposite the name of each candidate of the voter's choice for
38     each office to be filled.
39          (b) Except as provided in Subsections (5) and (6), a mark is not required opposite the
40     name of a write-in candidate.
41          (c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in
42     the appropriate square with a mark opposite the answer the voter intends to make.
43          (d) Before leaving the booth, the voter shall:
44          (i) fold the ballot so that its contents are concealed and the stub can be removed; and
45          (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
46     envelope and complete the information printed on the envelope.
47          (2) (a) (i) Subject to Subsection (5), if a punch card ballot is used, the voter shall insert
48     the ballot sheet into the voting device and mark the ballot sheet according to the instructions
49     provided on the device.
50          (ii) If the voter is issued a ballot sheet with a long stub without a secrecy envelope, the
51     voter shall record any write-in votes on the long stub.
52          (iii) If the voter is issued a ballot sheet with a secrecy envelope, the voter shall record
53     any write-in votes on the secrecy envelope.
54          (b) After the voter has marked the ballot sheet, the voter shall either:
55          (i) place the ballot sheet inside the secrecy envelope, if one is provided; or
56          (ii) fold the long stub over the face of the ballot sheet to maintain the secrecy of the
57     vote if the voter is issued a ballot sheet with a long stub without a secrecy envelope.

58          (c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
59     provisional ballot envelope and complete the information printed on the envelope.
60          (3) (a) Subject to Subsection (5), if a ballot sheet other than a punch card is used, the
61     voter shall mark the ballot sheet according to the instructions provided on the voting device or
62     ballot sheet.
63          (b) Except as provided in Subsections (5) and (6), the voter shall record a write-in vote
64     by:
65          (i) marking the position opposite the area for entering a write-in candidate; and
66          (ii) entering the name of the valid write-in candidate for whom the voter wishes to vote
67     [for by means of: (A) writing; (B) a label; or (C) ] by writing the name of the candidate in the
68     blank write-in section of the ballot or entering the name using the voting device.
69          (c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
70     provisional ballot envelope and complete the information printed on the envelope.
71          (4) (a) Subject to Subsection (5), if an electronic ballot is used, the voter shall:
72          (i) insert the ballot access card into the voting device; and
73          (ii) make the selections according to the instructions provided on the device.
74          (b) Except as provided in Subsections (5) and (6), the voter shall record a write-in vote
75     by:
76          (i) marking the appropriate position opposite the area for entering a write-in candidate;
77     and
78          (ii) using the voting device to enter the name of the valid write-in candidate for whom
79     the voter wishes to vote.
80          (5) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
81     Municipal Alternate Voting Methods Pilot Project, a voter:
82          (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
83     first preference for the office; and
84          (b) may indicate, as directed on the ballot, the names of the remaining candidates in
85     order of the voter's preference.

86          (6) After preparation of the ballot:
87          (a) if a paper ballot or punch card ballot is used:
88          (i) the voter shall:
89          (A) leave the voting booth; and
90          (B) announce the voter's name to the poll worker in charge of the ballot box;
91          (ii) the poll worker in charge of the ballot box shall:
92          (A) clearly and audibly announce the name of the voter and the number on the stub of
93     the voter's ballot;
94          (B) if the stub number on the ballot corresponds with the number previously recorded
95     in the official register, and bears the initials of the poll worker, remove the stub from the ballot;
96     and
97          (C) return the ballot to the voter;
98          (iii) the voter shall, in full view of the poll workers, cast the voter's vote by depositing
99     the ballot in the ballot box; and
100          (iv) if the stub has been detached from the ballot:
101          (A) the poll worker may not accept the ballot; and
102          (B) the poll worker shall:
103          (I) treat the ballot as a spoiled ballot;
104          (II) provide the voter with a new ballot; and
105          (III) dispose of the spoiled ballot as provided in Section 20A-3-107;
106          (b) if a ballot sheet other than a punch card is used:
107          (i) the voter shall:
108          (A) leave the voting booth; and
109          (B) announce the voter's name to the poll worker in charge of the ballot box;
110          (ii) the poll worker in charge of the ballot box shall:
111          (A) clearly and audibly announce the name of the voter and the number on the stub of
112     the voter's ballot; and
113          (B) if the stub number on the ballot corresponds with the number previously recorded

114     in the official register, and bears the initials of the poll worker, return the ballot to the voter;
115     and
116          (iii) the voter shall, in full view of the poll workers, cast [his] the voter's vote by
117     depositing the ballot in the ballot box; and
118          (c) if an electronic ballot is used, the voter shall:
119          (i) cast the voter's ballot;
120          (ii) remove the ballot access card from the voting device; and
121          (iii) return the ballot access card to a designated poll worker.
122          (7) A voter voting a paper ballot in a regular primary election shall, after marking the
123     ballot:
124          (a) (i) if the ballot is designed so that the names of all candidates for all political parties
125     are on the same ballot, detach the part of the paper ballot containing the names of the
126     candidates of the party the voter has voted from the remainder of the paper ballot;
127          (ii) fold that portion of the paper ballot so that its face is concealed; and
128          (iii) deposit it in the ballot box; and
129          (b) (i) fold the remainder of the paper ballot, containing the names of the candidates of
130     the parties that the elector did not vote; and
131          (ii) deposit it in a separate ballot box that is marked and designated as a blank ballot
132     box.
133          (8) (a) Each voter shall mark and cast or deposit the ballot without delay and shall
134     leave the voting area after voting.
135          (b) A voter may not:
136          (i) occupy a voting booth occupied by another, except as provided in Section
137     20A-3-108;
138          (ii) remain within the voting area more than 10 minutes; or
139          (iii) occupy a voting booth for more than five minutes if all booths are in use and other
140     voters are waiting to occupy them.
141          (9) If the official register shows any voter as having voted, that voter may not reenter

142     the voting area during that election unless that voter is an election official or watcher.
143          (10) The poll workers may not allow more than four voters more than the number of
144     voting booths into the voting area at one time unless those excess voters are:
145          (a) election officials;
146          (b) watchers; or
147          (c) assisting voters with a disability.
148          Section 2. Section 20A-3-106 is amended to read:
149          20A-3-106. Voting straight ticket -- Splitting ballot -- Writing in names -- Effect
150     of unnecessary marking of cross.
151          (1) When voting a paper ballot, any voter desiring to vote for all the candidates who are
152     listed on the ballot as being from any one registered political party may:
153          (a) mark in the circle or position above that political party;
154          (b) mark in the squares or position opposite the names of all candidates for that party
155     ticket; or
156          (c) make both markings.
157          (2) (a) When voting a ballot sheet, any voter desiring to vote for all the candidates who
158     are listed on the ballot as being from any one registered political party may:
159          (i) mark the selected party on the straight party page or section; or
160          (ii) mark the name of each candidate from that party.
161          (b) To vote for candidates from two or more political parties, the voter may:
162          (i) mark in the squares or positions opposite the names of the candidates for whom the
163     voter wishes to vote without marking in any circle; or
164          (ii) indicate the voter's choice by:
165          (A) marking in the circle or position above one political party; and
166          (B) marking in the squares or positions opposite the names of desired candidates who
167     are members of any party, are unaffiliated, or are listed without party name.
168          (3) (a) When voting an electronic ballot, any voter desiring to vote for all the
169     candidates who are listed on the ballot as being from any one registered political party may:

170          (i) select that party on the straight party selection area; or
171          (ii) select the name of each candidate from that party.
172          (b) To vote for candidates from two or more political parties, the voter may:
173          (i) select the names of the candidates for whom the voter wishes to vote without
174     selecting a political party in the straight party selection area; or
175          (ii) (A) select a political party in the straight party selection area; and
176          (B) select the names of the candidates for whom the voter wishes to vote who are
177     members of any party, are unaffiliated, or are listed without party name.
178          (4) In any election other than a primary election, if a voter voting a ballot has selected
179     or placed a mark next to a party name in order to vote a straight party ticket and wishes to vote
180     for a person on another party ticket for an office, or for an unaffiliated candidate, the voter shall
181     select or mark the ballot next to the name of the candidate for whom the voter wishes to vote.
182          (5) (a) The voter may cast a write-in vote on a paper ballot or ballot sheet[:(i) by
183     entering the name of a valid write-in candidate:(A) ] by writing the name of a valid write-in
184     candidate in the blank write-in section of the ballot[; or].
185          [(B) by affixing a sticker with the office and name of the valid write-in name printed
186     on it in the blank write-in part of the ballot; and]
187          [(ii) by placing a mark opposite the name of the write-in candidate to indicate the
188     voter's vote.]
189          [(b) On a paper ballot or ballot sheet, a voter is considered to have voted for the person
190     whose name is written or whose sticker appears in the blank write-in part of the ballot, if a
191     mark is made opposite that name.]
192          [(c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a square on
193     the ticket below the marked circle does not affect the validity of the vote.]
194          (b) A voter may not cast a write-in vote on a paper ballot or ballot sheet by affixing a
195     sticker or label with the name of a write-in candidate in the blank write-in section of the ballot.
196          (6) The voter may cast a write-in vote on an electronic ballot by:
197          (a) marking the appropriate position opposite the area for entering a write-in candidate

198     for the office sought by the candidate for whom the voter wishes to vote; and
199          (b) entering the name of a valid write-in candidate in the write-in selection area.
200          Section 3. Section 20A-9-203 is amended to read:
201          20A-9-203. Declarations of candidacy -- Municipal general elections.
202          (1) An individual may become a candidate for any municipal office if:
203          (a) the individual is a registered voter; and
204          (b) (i) the individual has resided within the municipality in which the individual seeks
205     to hold elective office for the 12 consecutive months immediately before the date of the
206     election; or
207          (ii) the territory in which the individual resides was annexed into the municipality, the
208     individual has resided within the annexed territory or the municipality the 12 consecutive
209     months immediately before the date of the election.
210          (2) (a) For purposes of determining whether an individual meets the residency
211     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
212     before the election, the municipality is considered to have been incorporated 12 months before
213     the date of the election.
214          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
215     council position shall, if elected from a district, be a resident of the council district from which
216     the candidate is elected.
217          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
218     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
219     against the elective franchise may not hold office in this state until the right to hold elective
220     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
221          (3) (a) An individual seeking to become a candidate for a municipal office shall,
222     regardless of the nomination method by which the individual is seeking to become a candidate:
223          (i) except as provided in Subsection (3)(b), and subject to Subsection 20A-9-404(3)(e),
224     file a declaration of candidacy, in person with the city recorder or town clerk, during the office
225     hours described in Section 10-3-301 and not later than the close of those office hours, between

226     June 1 and June 7 of any odd-numbered year; and
227          (ii) pay the filing fee, if one is required by municipal ordinance.
228          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
229     declaration of candidacy with the city recorder or town clerk if:
230          (i) the individual is located outside of the state during the entire filing period;
231          (ii) the designated agent appears in person before the city recorder or town clerk;
232          (iii) the individual communicates with the city recorder or town clerk using an
233     electronic device that allows the individual and city recorder or town clerk to see and hear each
234     other; and
235          (iv) the individual provides the city recorder or town clerk with an email address to
236     which the city recorder or town clerk may send the individual the copies described in
237     Subsection (4).
238          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
239          (i) filing a nomination petition with the city recorder or town clerk during the office
240     hours described in Section 10-3-301 and not later than the close of those office hours, between
241     June 1 and June 7 of any odd-numbered year; and
242          (ii) paying the filing fee, if one is required by municipal ordinance.
243          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
244     petition, the filing officer shall:
245          (i) read to the prospective candidate or individual filing the petition the constitutional
246     and statutory qualification requirements for the office that the candidate is seeking; and
247          (ii) require the candidate or individual filing the petition to state whether the candidate
248     meets those requirements.
249          (b) If the prospective candidate does not meet the qualification requirements for the
250     office, the filing officer may not accept the declaration of candidacy or nomination petition.
251          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
252     filing officer shall:
253          (i) inform the candidate that the candidate's name will appear on the ballot as it is

254     written on the declaration of candidacy;
255          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
256     for the office the candidate is seeking and inform the candidate that failure to comply will
257     result in disqualification as a candidate and removal of the candidate's name from the ballot;
258          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
259     Electronic Voter Information Website Program and inform the candidate of the submission
260     deadline under Subsection 20A-7-801(4)(a);
261          (iv) provide the candidate with a copy of the pledge of fair campaign practices
262     described under Section 20A-9-206 and inform the candidate that:
263          (A) signing the pledge is voluntary; and
264          (B) signed pledges shall be filed with the filing officer; and
265          (v) accept the declaration of candidacy or nomination petition.
266          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
267     officer shall:
268          (i) accept the candidate's pledge; and
269          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
270     candidate's pledge to the chair of the county or state political party of which the candidate is a
271     member.
272          (5) (a) The declaration of candidacy shall be in substantially the following form:
273          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
274     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
275     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
276     the legal qualifications required of candidates for this office. If filing via a designated agent, I
277     attest that I will be out of the state of Utah during the entire candidate filing period. I will file
278     all campaign financial disclosure reports as required by law and I understand that failure to do
279     so will result in my disqualification as a candidate for this office and removal of my name from
280     the ballot. I request that my name be printed upon the applicable official ballots. (Signed)
281     _______________

282          Subscribed and sworn to (or affirmed) before me by ____ on this
283     __________(month\day\year).
284          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
285          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
286     not sign the form described in Subsection (5)(a).

     
287          (6) If the declaration of candidacy or nomination petition fails to state whether the
288     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
289     for the four-year term.
290          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
291     voters.
292          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
293     print the candidate's name on the ballot.
294          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
295     clerk shall:
296          (a) cause the names of the candidates as they will appear on the ballot to be published:
297          (i) in at least two successive publications of a newspaper with general circulation in the
298     municipality; and
299          (ii) as required in Section 45-1-101; and
300          (b) notify the lieutenant governor of the names of the candidates as they will appear on
301     the ballot.
302          (9) Except as provided in Subsection (10)(c), an individual may not amend a
303     declaration of candidacy or nomination petition filed under this section after the candidate
304     filing period ends.
305          (10) (a) A declaration of candidacy or nomination petition that an individual files under
306     this section is valid unless a person files a written objection with the clerk within five days
307     after the last day for filing.

308          (b) If a person files an objection, the clerk shall:
309          (i) mail or personally deliver notice of the objection to the affected candidate
310     immediately; and
311          (ii) decide any objection within 48 hours after the objection is filed.
312          (c) If the clerk sustains the objection, the candidate may, within three days after the day
313     on which the clerk sustains the objection, correct the problem for which the objection is
314     sustained by amending the candidate's declaration of candidacy or nomination petition, or by
315     filing a new declaration of candidacy.
316          (d) (i) The clerk's decision upon objections to form is final.
317          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
318     prompt application is made to the district court.
319          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
320     of its discretion, agrees to review the lower court decision.
321          (11) A candidate who qualifies for the ballot under this section may withdraw as a
322     candidate by filing a written affidavit with the municipal clerk.
323          Section 4. Section 20A-9-404 is amended to read:
324          20A-9-404. Municipal primary elections.
325          (1) (a) Except as otherwise provided in this section or [Title 20A,] Chapter 4, Part 6,
326     Municipal Alternate Voting Methods Pilot Project, candidates for municipal office in all
327     municipalities shall be nominated at a municipal primary election.
328          (b) Municipal primary elections shall be held:
329          (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
330     Monday in the August before the regular municipal election; and
331          (ii) whenever possible, at the same polling places as the regular municipal election.
332          (2) Except as otherwise provided in [Title 20A,] Chapter 4, Part 6, Municipal Alternate
333     Voting Methods Pilot Project, if the number of candidates for a particular municipal office
334     does not exceed twice the number of individuals needed to fill that office, a primary election
335     for that office may not be held and the candidates are considered nominated.

336          (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
337     of voters or delegates.
338          (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
339     election, any third, fourth, or fifth class city or town may exempt itself from a primary election
340     by providing that the nomination of candidates for municipal office to be voted upon at a
341     municipal election be nominated by a [political] municipal party convention or committee.
342          (ii) The municipal party convention or committee described in Subsection (3)(b)(i)
343     shall be held on or before May 30 of an odd-numbered year.
344          [(ii)] (iii) Any primary election exemption ordinance adopted under [the authority of]
345     this Subsection (3) remains in effect until repealed by ordinance.
346          (c) (i) A convention or committee may not nominate[:(A) an individual who has not
347     submitted a declaration of candidacy, or has not been nominated by a nomination petition,
348     under Section 20A-9-203; or(B) more than one group of candidates, or have placed on the
349     ballot more than one group of candidates, for] more than one candidate for each of the
350     municipal offices to be voted upon at the municipal election.
351          (ii) A convention or committee may not nominate an individual who has [been
352     nominated by] accepted the nomination of a different convention or committee.
353          (iii) A [political] municipal party may not have more than one group of candidates
354     placed upon the ballot and may not group the same candidates on different tickets by the same
355     party under a different name or emblem.
356          (d) (i) [The] On or before May 31 of an odd-numbered year, a convention or committee
357     shall prepare and submit to the filing officer a certificate of nomination for each individual
358     nominated.
359          (ii) The certificate of nomination shall:
360          (A) contain the name of the office for which each individual is nominated, the name,
361     post office address, and, if in a city, the street number of residence and place of business, if
362     any, of each individual nominated;
363          (B) designate in not more than five words the [political] party that the convention or

364     committee represents;
365          (C) contain a copy of the resolution passed at the convention that authorized the
366     committee to make the nomination;
367          (D) contain a statement certifying that the name of the candidate nominated by the
368     political party will not appear on the ballot as a candidate for any other political party;
369          (E) be signed by the presiding officer and secretary of the convention or committee;
370     and
371          (F) contain a statement identifying the residence and post office address of the
372     presiding officer and secretary and certifying that the presiding officer and secretary were
373     officers of the convention or committee and that the certificates are true to the best of their
374     knowledge and belief.
375          [(iii) Certificates of nomination shall be filed with the clerk not later than 80 days
376     before the municipal general election.]
377          (iii) A candidate nominated by a municipal party convention or committee shall file a
378     declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:
379          (A) the name of the municipal party or convention that nominated the candidate; and
380          (B) the office for which the convention or committee nominated the candidate.
381          (e) A committee appointed at a convention, if authorized by an enabling resolution,
382     may also make nominations or fill vacancies in nominations made at a convention[.] if the
383     committee makes the nomination before the deadline for a write-in candidate to file a
384     declaration of candidacy under Section 20A-9-601.
385          (f) The election ballot shall substantially comply with the form prescribed in Title 20A,
386     Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
387     be included with the candidate's name.
388          (4) (a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the
389     May 1 that falls before the regular municipal election that:
390          (i) exempts the city or town from the other methods of nominating candidates to
391     municipal office provided in this section; and

392          (ii) provides for a municipal partisan [primary election] convention method of
393     nominating candidates as provided in this Subsection (4).
394          (b) (i) Any party that was a registered political party at the last regular general election
395     or regular municipal election is a municipal political party under this section.
396          (ii) Any political party may qualify as a municipal political party by presenting a
397     petition to the city recorder that:
398          (A) is signed, with a holographic signature, by registered voters within the municipality
399     equal to at least 20% of the number of votes cast for all candidates for mayor in the last
400     municipal election at which a mayor was elected;
401          (B) is filed with the city recorder [by May 31 of any odd-numbered year] or town clerk
402     before the municipal party holds a convention to nominate a candidate under this Subsection
403     (4);
404          (C) is substantially similar to the form of the signature sheets described in Section
405     20A-7-303; and
406          (D) contains the name of the municipal political party using not more than five words.
407          (c) (i) If the number of candidates for a particular office does not exceed twice the
408     number of offices to be filled at the regular municipal election, no [partisan] primary election
409     for that office shall be held and the candidates are considered to be nominated.
410          (ii) If the number of candidates for a particular office exceeds twice the number of
411     offices to be filled at the regular municipal election, those candidates for municipal office shall
412     be nominated at a [partisan] municipal primary election.
413          (d) The clerk shall ensure that[: (i)] the partisan municipal primary ballot is similar to
414     the ballot forms required by [Sections] Section 20A-6-401 and, as applicable, Section
415     20A-6-401.1[;].
416          [(ii) the candidates for each municipal political party are listed in one or more columns
417     under their party name and emblem;]
418          [(iii) the names of candidates of all parties are printed on the same ballot, but under
419     their party designation; and]

420          [(iv) every ballot separates the candidates of one party from those of the other parties.]
421          (e) After marking a municipal primary ballot, the voter shall deposit the ballot in the
422     blank ballot box.
423          (f) Immediately after the canvass, the election judges shall, without examination,
424     destroy the tickets deposited in the blank ballot box.
425          Section 5. Section 20A-9-601 is amended to read:
426          20A-9-601. Qualifying as a write-in candidate.
427          (1) (a) Except as provided in Subsection (1)(b), an individual who wishes to become a
428     valid write-in candidate shall file a declaration of candidacy in person, or through a designated
429     agent for a candidate for president or vice president of the United States, with the appropriate
430     filing officer not later than [60] 65 days before the regular general election or a municipal
431     general election in which the individual intends to be a write-in candidate.
432          (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
433     declaration of candidacy for president of the United States.
434          (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
435     declaration of candidacy with the appropriate filing officer if:
436          (A) the individual is located outside of the state during the entire filing period;
437          (B) the designated agent appears in person before the filing officer; and
438          (C) the individual communicates with the filing officer using an electronic device that
439     allows the individual and filing officer to see and hear each other.
440          (2) (a) The form of the declaration of candidacy for a write-in candidate for all offices,
441     except president or vice president of the United States, is substantially as follows:
442          "State of Utah, County of ____
443          I, ______________, declare my intention of becoming a candidate for the office of
444     ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
445     qualifications to hold the office, both legally and constitutionally, if selected; I reside at
446     _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
447     not knowingly violate any law governing campaigns and elections; if filing via a designated

448     agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
449     campaign financial disclosure reports as required by law; and I understand that failure to do so
450     will result in my disqualification as a candidate for this office and rejection of any votes cast
451     for me. The mailing address that I designate for receiving official election notices is
452     ___________________________.
453          ____________________________________________________________________
454          Subscribed and sworn before me this __________(month\day\year).
455          Notary Public (or other officer qualified to administer oath)."
456          (b) The form of the declaration of candidacy for a write-in candidate for president of
457     the United States is substantially as follows:
458          "State of Utah, County of ____
459          I, ______________, declare my intention of becoming a candidate for the office of the
460     president of the United States. I do solemnly swear that: I will meet the qualifications to hold
461     the office, both legally and constitutionally, if selected; I reside at _____________ in the City
462     or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
463     any law governing campaigns and elections. The mailing address that I designate for receiving
464     official election notices is ___________________________. I designate _______________ as
465     my vice presidential candidate.
466          ____________________________________________________________________
467          Subscribed and sworn before me this __________(month\day\year).
468          Notary Public (or other officer qualified to administer oath.)"
469          (c) A declaration of candidacy for a write-in candidate for vice president of the United
470     States shall be in substantially the same form as a declaration of candidacy described in
471     Subsection 20A-9-202(7).
472          (d) An agent described in Subsection (1)(a) or (b) may not sign the form described in
473     Subsection (2)(a) or (b).
474          (3) (a) The filing officer shall:
475          (i) read to the candidate the constitutional and statutory requirements for the office; and

476          (ii) ask the candidate whether [or not] the candidate meets the requirements.
477          (b) If the candidate cannot meet the requirements of office, the filing officer may not
478     accept the write-in candidate's declaration of candidacy.
479          (4) (a) Except as provided in Subsection (4)(b), a write-in candidate is subject to
480     Subsection 20A-9-201(8).
481          (b) A write-in candidate for president of the United States is subject to Subsection
482     20A-9-201(9)(a)(iv) or 20A-9-803(1)(d), as applicable.
483          [(4)] (5) By November 1 of each regular general election year, the lieutenant governor
484     shall certify to each county clerk the names of all write-in candidates who filed their
485     declaration of candidacy with the lieutenant governor.
486          Section 6. Coordinating H.B. 272 with S.B. 33 -- Substantive and technical
487     amendments.
488          If this H.B. 272 and S.B. 33, Political Procedures Amendments, both pass and become
489     law, it is the intent of the Legislature that the Office of Legislative Research and General
490     Counsel shall prepare the Utah Code database for publication, by amending Subsection
491     20A-9-404(4)(b)(ii)(B) to read:
492          "(B) is filed with the city recorder [by May 31 of any odd-numbered year] or town
493     clerk before 5 p.m. no later than the day before the day on which the municipal party holds a
494     convention to nominate a candidate under this Subsection (4);".