1     
DECLARATION OF CANDIDACY AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Brady Brammer

6     

7     LONG TITLE
8     General Description:
9          This bill amends the information disclosure that a filing officer is required to make to
10     an individual who files a declaration of candidacy.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a filing officer to, when an individual files a declaration of candidacy for
14     legislative office, inform the individual that the Utah Constitution prohibits a person
15     who holds a public office of profit or trust from being a member of the Legislature.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          20A-9-201, as last amended by Laws of Utah 2018, Chapter 11
23          20A-9-601, as last amended by Laws of Utah 2018, Chapters 11 and 80
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-9-201 is amended to read:
27          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of

28     more than one political party prohibited with exceptions -- General filing and form
29     requirements -- Affidavit of impecuniosity.
30          (1) Before filing a declaration of candidacy for election to any office, an individual
31     shall:
32          (a) be a United States citizen;
33          (b) meet the legal requirements of that office; and
34          (c) if seeking a registered political party's nomination as a candidate for elective office,
35     state:
36          (i) the registered political party of which the individual is a member; or
37          (ii) that the individual is not a member of a registered political party.
38          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
39          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
40     Utah during any election year;
41          (ii) appear on the ballot as the candidate of more than one political party; or
42          (iii) file a declaration of candidacy for a registered political party of which the
43     individual is not a member, except to the extent that the registered political party permits
44     otherwise in the registered political party's bylaws.
45          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
46     president or vice president of the United States and another office, if the individual resigns the
47     individual's candidacy for the other office after the individual is officially nominated for
48     president or vice president of the United States.
49          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
50     than one justice court judge office.
51          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
52     the individual filed a declaration of candidacy for another office in the same election year if the
53     individual withdraws as a candidate for the other office in accordance with Subsection
54     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
55          (3) (a) Except for a candidate for president or vice president of the United States,
56     before the filing officer may accept any declaration of candidacy, the filing officer shall:
57          (i) read to the individual the constitutional and statutory qualification requirements for
58     the office that the individual is seeking; [and]

59          (ii) require the individual to state whether the individual meets those requirements[.];
60     and
61          (iii) if the declaration of candidacy is for a legislative office, inform the individual that
62     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
63     or trust, under authority of the United States or Utah, from being a member of the Legislature.
64          (b) Before accepting a declaration of candidacy for the office of county attorney, the
65     county clerk shall ensure that the individual filing that declaration of candidacy is:
66          (i) a United States citizen;
67          (ii) an attorney licensed to practice law in the state who is an active member in good
68     standing of the Utah State Bar;
69          (iii) a registered voter in the county in which the individual is seeking office; and
70          (iv) a current resident of the county in which the individual is seeking office and either
71     has been a resident of that county for at least one year or was appointed and is currently serving
72     as county attorney and became a resident of the county within 30 days after appointment to the
73     office.
74          (c) Before accepting a declaration of candidacy for the office of district attorney, the
75     county clerk shall ensure that, as of the date of the election, the individual filing that
76     declaration of candidacy is:
77          (i) a United States citizen;
78          (ii) an attorney licensed to practice law in the state who is an active member in good
79     standing of the Utah State Bar;
80          (iii) a registered voter in the prosecution district in which the individual is seeking
81     office; and
82          (iv) a current resident of the prosecution district in which the individual is seeking
83     office and either will have been a resident of that prosecution district for at least one year as of
84     the date of the election or was appointed and is currently serving as district attorney and
85     became a resident of the prosecution district within 30 days after receiving appointment to the
86     office.
87          (d) Before accepting a declaration of candidacy for the office of county sheriff, the
88     county clerk shall ensure that the individual filing the declaration:
89          (i) is a United States citizen;

90          (ii) is a registered voter in the county in which the individual seeks office;
91          (iii) (A) has successfully met the standards and training requirements established for
92     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
93     Certification Act; or
94          (B) has met the waiver requirements in Section 53-6-206;
95          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
96     53-13-103; and
97          (v) as of the date of the election, will have been a resident of the county in which the
98     individual seeks office for at least one year.
99          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
100     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
101     Education member, the filing officer shall ensure:
102          (i) that the individual filing the declaration of candidacy also files the financial
103     disclosure required by Section 20A-11-1603; and
104          (ii) if the filing officer is not the lieutenant governor, that the individual provides the
105     financial disclosure to the lieutenant governor in accordance with Section 20A-11-1603.
106          (4) If an individual who files a declaration of candidacy does not meet the qualification
107     requirements for the office the individual is seeking, the filing officer may not accept the
108     individual's declaration of candidacy.
109          (5) If an individual who files a declaration of candidacy meets the requirements
110     described in Subsection (3), the filing officer shall:
111          (a) inform the individual that:
112          (i) the individual's name will appear on the ballot as the individual's name is written on
113     the individual's declaration of candidacy;
114          (ii) the individual may be required to comply with state or local campaign finance
115     disclosure laws; and
116          (iii) the individual is required to file a financial statement before the individual's
117     political convention under:
118          (A) Section 20A-11-204 for a candidate for constitutional office;
119          (B) Section 20A-11-303 for a candidate for the Legislature; or
120          (C) local campaign finance disclosure laws, if applicable;

121          (b) except for a presidential candidate, provide the individual with a copy of the current
122     campaign financial disclosure laws for the office the individual is seeking and inform the
123     individual that failure to comply will result in disqualification as a candidate and removal of
124     the individual's name from the ballot;
125          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
126     Electronic Voter Information Website Program and inform the individual of the submission
127     deadline under Subsection 20A-7-801(4)(a);
128          (d) provide the candidate with a copy of the pledge of fair campaign practices
129     described under Section 20A-9-206 and inform the candidate that:
130          (i) signing the pledge is voluntary; and
131          (ii) signed pledges shall be filed with the filing officer;
132          (e) accept the individual's declaration of candidacy; and
133          (f) if the individual has filed for a partisan office, provide a certified copy of the
134     declaration of candidacy to the chair of the county or state political party of which the
135     individual is a member.
136          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
137     officer shall:
138          (a) accept the candidate's pledge; and
139          (b) if the candidate has filed for a partisan office, provide a certified copy of the
140     candidate's pledge to the chair of the county or state political party of which the candidate is a
141     member.
142          (7) (a) Except for a candidate for president or vice president of the United States, the
143     form of the declaration of candidacy shall:
144          (i) be substantially as follows:
145          "State of Utah, County of ____
146               I, ______________, declare my candidacy for the office of ____, seeking the
147     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
148     hold the office, both legally and constitutionally, if selected; I reside at _____________
149     in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
150     knowingly violate any law governing campaigns and elections; if filing via a designated
151     agent, I will be out of the state of Utah during the entire candidate filing period; I will

152     file all campaign financial disclosure reports as required by law; and I understand that failure to
153     do so will result in my disqualification as a candidate for this office and removal of my name
154     from the ballot. The mailing address that I designate for receiving official election notices is
155     ___________________________.
156     ____________________________________________________________________
157          Subscribed and sworn before me this __________(month\day\year).
158     
Notary Public (or other officer qualified to administer oath)."; and

159          (ii) require the candidate to state, in the sworn statement described in Subsection
160     (7)(a)(i):
161          (A) the registered political party of which the candidate is a member; or
162          (B) that the candidate is not a member of a registered political party.
163          (b) An agent designated under Subsection 20A-9-202(1)(b) to file a declaration of
164     candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
165          (8) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
166     is:
167          (i) $50 for candidates for the local school district board; and
168          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
169     person holding the office for all other federal, state, and county offices.
170          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
171     any candidate:
172          (i) who is disqualified; or
173          (ii) who the filing officer determines has filed improperly.
174          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
175     from candidates.
176          (ii) The lieutenant governor shall:
177          (A) apportion to and pay to the county treasurers of the various counties all fees
178     received for filing of nomination certificates or acceptances; and
179          (B) ensure that each county receives that proportion of the total amount paid to the
180     lieutenant governor from the congressional district that the total vote of that county for all
181     candidates for representative in Congress bears to the total vote of all counties within the
182     congressional district for all candidates for representative in Congress.

183          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
184     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
185     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
186     a financial statement filed at the time the affidavit is submitted.
187          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
188          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
189     statement filed under this section shall be subject to the criminal penalties provided under
190     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
191          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
192     considered an offense under this title for the purposes of assessing the penalties provided in
193     Subsection 20A-1-609(2).
194          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
195     substantially the following form:
196          "Affidavit of Impecuniosity
197     Individual Name
198     ____________________________Address_____________________________
199     Phone Number _________________
200     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
201     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
202     law.
203     Date ______________ Signature________________________________________________
204     Affiant
205     Subscribed and sworn to before me on ___________ (month\day\year)
206     
______________________

207     
(signature)

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

209          (v) The filing officer shall provide to a person who requests an affidavit of
210     impecuniosity a statement printed in substantially the following form, which may be included
211     on the affidavit of impecuniosity:
212          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
213     candidate who is found guilty of filing a false statement, in addition to being subject to criminal

214     penalties, will be removed from the ballot."
215          (vi) The filing officer may request that a person who makes a claim of impecuniosity
216     under this Subsection (8)(d) file a financial statement on a form prepared by the election
217     official.
218          (9) (a) If there is no legislative appropriation for the Western States Presidential
219     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
220     president of the United States who is affiliated with a registered political party and chooses to
221     participate in the regular primary election shall:
222          (i) file a declaration of candidacy, in person or via a designated agent, with the
223     lieutenant governor:
224          (A) on a form developed and provided by the lieutenant governor; and
225          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
226     March before the next regular primary election;
227          (ii) identify the registered political party whose nomination the candidate is seeking;
228          (iii) provide a letter from the registered political party certifying that the candidate may
229     participate as a candidate for that party in that party's presidential primary election; and
230          (iv) pay the filing fee of $500.
231          (b) A designated agent described in Subsection (9)(a)(i) may not sign the form
232     described in Subsection (9)(a)(i)(A).
233          (10) An individual who fails to file a declaration of candidacy or certificate of
234     nomination within the time provided in this chapter is ineligible for nomination to office.
235          (11) A declaration of candidacy filed under this section may not be amended or
236     modified after the final date established for filing a declaration of candidacy.
237          Section 2. Section 20A-9-601 is amended to read:
238          20A-9-601. Qualifying as a write-in candidate.
239          (1) (a) Except as provided in Subsection (1)(b), an individual who wishes to become a
240     valid write-in candidate shall file a declaration of candidacy in person, or through a designated
241     agent for a candidate for president or vice president of the United States, with the appropriate
242     filing officer not later than 60 days before the regular general election or a municipal general
243     election in which the individual intends to be a write-in candidate.
244          (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a

245     declaration of candidacy for president of the United States.
246          (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
247     declaration of candidacy with the appropriate filing officer if:
248          (A) the individual is located outside of the state during the entire filing period;
249          (B) the designated agent appears in person before the filing officer; and
250          (C) the individual communicates with the filing officer using an electronic device that
251     allows the individual and filing officer to see and hear each other.
252          (2) (a) The form of the declaration of candidacy for all offices, except president or vice
253     president of the United States, is substantially as follows:
254          "State of Utah, County of ____
255          I, ______________, declare my intention of becoming a candidate for the office of
256     ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
257     qualifications to hold the office, both legally and constitutionally, if selected; I reside at
258     _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
259     not knowingly violate any law governing campaigns and elections; if filing via a designated
260     agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
261     campaign financial disclosure reports as required by law; and I understand that failure to do so
262     will result in my disqualification as a candidate for this office and rejection of any votes cast
263     for me. The mailing address that I designate for receiving official election notices is
264     ___________________________.
265          ____________________________________________________________________
266          Subscribed and sworn before me this __________(month\day\year).
267          Notary Public (or other officer qualified to administer oath)."
268          (b) The form of the declaration of candidacy for president of the United States is
269     substantially as follows:
270          "State of Utah, County of ____
271          I, ______________, declare my intention of becoming a candidate for the office of the
272     president of the United States. I do solemnly swear that: I will meet the qualifications to hold
273     the office, both legally and constitutionally, if selected; I reside at _____________ in the City
274     or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
275     any law governing campaigns and elections. The mailing address that I designate for receiving

276     official election notices is ___________________________. I designate _______________ as
277     my vice presidential candidate.
278          ____________________________________________________________________
279          Subscribed and sworn before me this __________(month\day\year).
280          Notary Public (or other officer qualified to administer oath.)"
281          (c) A declaration of candidacy for a write-in candidate for vice president of the United
282     States shall be in substantially the same form as a declaration of candidacy described in
283     Subsection 20A-9-202(7).
284          (d) An agent described in Subsection (1)(a) or (b) may not sign the form described in
285     Subsection (2)(a) or (b).
286          (3) (a) The filing officer shall:
287          (i) read to the candidate the constitutional and statutory requirements for the office;
288     [and]
289          (ii) ask the candidate whether or not the candidate meets the requirements[.]; and
290          (iii) if the declaration of candidacy is for a legislative office, inform the individual that
291     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
292     or trust, under authority of the United States or Utah, from being a member of the Legislature.
293          (b) If the candidate cannot meet the requirements of office, the filing officer may not
294     accept the write-in candidate's declaration of candidacy.
295          (4) By November 1 of each regular general election year, the lieutenant governor shall
296     certify to each county clerk the names of all write-in candidates who filed their declaration of
297     candidacy with the lieutenant governor.