This document includes House Floor Amendments incorporated into the bill on Wed, Feb 17, 2021 at 3:41 PM by lfindlay.
Representative Jordan D. Teuscher proposes the following substitute bill:


1     
STATE RESIDENCY AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to the Election Code regarding residency determinations for
10     candidates.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies when a presumption of residency applies;
14          ▸     provides that a statement made in a declaration of candidacy is subject to the
15     penalties of perjury;
16          ▸     addresses when a rebuttable presumption of residency applies for an individual
17     filing a declaration of candidacy; and
18          ▸     modifies deadlines for objecting to a person's declaration of candidacy.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-2-105, as last amended by Laws of Utah 2014, Chapter 260

26          20A-9-201, as last amended by Laws of Utah 2020, Chapter 22
27          20A-9-202, as last amended by Laws of Utah 2020, Chapter 22
28          20A-9-203, as last amended by Laws of Utah 2020, Chapter 22
29          20A-9-408.5, as enacted by Laws of Utah 2015, Chapter 296
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 20A-2-105 is amended to read:
33          20A-2-105. Determining residency.
34          (1) As used in this section:
35          (a) "Principal place of residence" means the single location where a person's habitation
36     is fixed and to which, whenever the person is absent, the person has the intention of returning.
37          (b) "Resident" means a person whose principal place of residence is within a specific
38     voting precinct in Utah.
39          (2) Election officials and judges shall apply the standards and requirements of this
40     section when determining whether a person is a resident for purposes of interpreting this title or
41     the Utah Constitution.
42          (3) (a) A person resides in Utah if:
43          (i) the person's principal place of residence is within Utah; and
44          (ii) the person has a present intention to maintain the person's principal place of
45     residence in Utah permanently or indefinitely.
46          (b) A person resides within a particular voting precinct if, as of the date of registering
47     to vote, the person's principal place of residence is in that voting precinct.
48          (c) A person's principal place of residence does not change solely because the person is
49     present in Utah, present in a voting precinct, absent from Utah, or absent from the person's
50     voting precinct because the person is:
51          (i) employed in the service of the United States or of Utah;
52          (ii) a student at an institution of learning;
53          (iii) incarcerated in prison or jail; or
54          (iv) residing upon an Indian or military reservation.
55          (d) (i) A member of the armed forces of the United States is not a resident of Utah
56     merely because that member is stationed at a military facility within Utah.

57          (ii) In order to be a resident of Utah, a member of the armed forces described in this
58     Subsection (3)(d) shall meet the other requirements of this section.
59          (e) (i) Except as provided in Subsection (3)(e)(ii) or (iii), a person has not lost the
60     person's principal place of residence in Utah or a precinct if that person moves to a foreign
61     country, another state, or another voting precinct within Utah, for temporary purposes with the
62     intention of returning.
63          (ii) If a person leaves the state or a voting precinct and votes in another state or voting
64     precinct, the person is no longer a resident of the state or voting precinct that the person left.
65          (iii) A person loses the person's principal place of residence in Utah or in a precinct, if,
66     after the person moves to another state or another precinct under Subsection (3)(e)(i), the
67     person forms the intent of making the other state or precinct the person's principal place of
68     residence.
69          (f) A person is not a resident of a county or voting precinct if that person comes for
70     temporary purposes and does not intend to make that county or voting precinct the person's
71     principal place of residence.
72          (g) A person loses the person's principal place of residence in Utah or in a precinct if
73     the person moves to another state or precinct with the intention of making the other state or
74     precinct the person's principal place of residence.
75          (h) If a person moves to another state or precinct with the intent of remaining there for
76     an indefinite time as the person's principal place of residence, the person loses the person's
77     residence in Utah, or in the precinct, even though the person intends to return at some future
78     time.
79          (4) An election official or judge shall, in determining a person's principal place of
80     residence, consider the following factors, to the extent that the election official or judge
81     determines the factors to be relevant:
82          (a) where the person's family resides;
83          (b) whether the person is single, married, separated, or divorced;
84          (c) the age of the person;
85          (d) where the person usually sleeps;
86          (e) where the person's minor children attend school;
87          (f) the location of the person's employment, income sources, or business pursuits;

88          (g) the location of real property owned by the person;
89          (h) the person's residence for purposes of taxation or tax exemption; and
90          (i) other relevant factors.
91          (5) (a) A person has changed the person's principal place of residence if the person:
92          (i) acts affirmatively to move from the state or a precinct in the state; and
93          (ii) has the intent to remain in another state or precinct.
94          (b) A person may not have more than one principal place of residence.
95          (c) A person does not lose the person's principal place of residence until the person
96     establishes another principal place of residence.
97          (6) In computing the period that a person is a resident, a person shall:
98          (a) include the day on which the person establishes the person's principal place of
99     residence; and
100          (b) exclude the day of the next election.
101          (7) (a) [There] Except as provided in Subsection (10), there is a rebuttable presumption
102     that a person's principal place of residence is in Utah and in the voting precinct claimed by the
103     person if the person makes an oath or affirmation upon a registration application form or
104     declaration of candidacy that the person's principal place of residence is in Utah and in the
105     voting precinct claimed by the person.
106          (b) [The] Except as provided in Subsection (10), the election officers and election
107     officials shall allow a person described in Subsection (7)(a) to register and vote, or accept the
108     person's declaration of candidacy, unless, upon a challenge by a registrar or some other person,
109     it is shown by law or by clear and convincing evidence that:
110          (i) the person's principal place of residence is not in Utah; or
111          (ii) the person is incarcerated in prison or jail and did not, before the person was
112     incarcerated in prison or jail, establish the person's principal place of residence in the voting
113     precinct.
114          (8) (a) The criteria described in this section for establishing a person's principal place
115     of residence for voting purposes do not apply in relation to the person's location while the
116     person is incarcerated in prison or jail.
117          (b) For voting registration purposes, the principal place of residence of a person
118     incarcerated in prison or jail is the state and voting precinct where the person's principal place

119     of residence was located before incarceration.
120          (9) If a person's principal place of residence is a residential parcel of one acre in size or
121     smaller that is divided by the boundary line between two or more counties, that person shall be
122     considered a resident of the county in which a majority of the residential parcel lies.
123          (10) (a) If an individual seeking to become a candidate for a political office that
124     includes a durational residency requirement has been absent from the state for a period of more
125     than 180 consecutive days during the applicable residency period, the individual may, at the
126     time that the candidate files a declaration of candidacy, submit evidence to the filing officer to
127     show that the individual intended to return to the state during the time of the individual's
128     absence from the state.
129          (b) There is a rebuttable presumption that an individual described in Subsection (10)(a)
130     intended to return to the state during the individual's absence if:
131          (i) the individual submits evidence of the individual's intent to the filing officer at the
132     time that the individual files a declaration of candidacy; or
133          (ii) the individual was absent from the state because the individual was:
134          (A) employed in the service of the United States or of Utah;
135          (B) a student at an institution of learning; or
136          (C) engaged solely in religious, missionary, philanthropic, or humanitarian activities.
137          (c) If a Ĥ→ valid ←Ĥ written objection to an individual's declaration of candidacy is filed,
137a     there is a
138     rebuttable presumption that an individual described in Subsection (10)(a) did not intend to
139     return to the state during the individual's absence if:
140          (i) the individual did not submit evidence of the individual's intent to the filing officer
141     at the time that the individual filed a declaration of candidacy; and
142          (ii) the individual's absence from the state was not for one of the reasons described in
143     Subsection (10)(b)(ii).
144          (d) An individual must rebut the presumption described in this Subsection (10) by clear
145     and convincing evidence.
146          Section 2. Section 20A-9-201 is amended to read:
147          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
148     more than one political party prohibited with exceptions -- General filing and form
149     requirements -- Affidavit of impecuniosity.

150          (1) Before filing a declaration of candidacy for election to any office, an individual
151     shall:
152          (a) be a United States citizen;
153          (b) meet the legal requirements of that office; and
154          (c) if seeking a registered political party's nomination as a candidate for elective office,
155     state:
156          (i) the registered political party of which the individual is a member; or
157          (ii) that the individual is not a member of a registered political party.
158          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
159          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
160     Utah during any election year;
161          (ii) appear on the ballot as the candidate of more than one political party; or
162          (iii) file a declaration of candidacy for a registered political party of which the
163     individual is not a member, except to the extent that the registered political party permits
164     otherwise in the registered political party's bylaws.
165          (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
166     president or vice president of the United States and another office, if the individual resigns the
167     individual's candidacy for the other office after the individual is officially nominated for
168     president or vice president of the United States.
169          (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
170     than one justice court judge office.
171          (iii) An individual may file a declaration of candidacy for lieutenant governor even if
172     the individual filed a declaration of candidacy for another office in the same election year if the
173     individual withdraws as a candidate for the other office in accordance with Subsection
174     20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
175          (3) (a) Except for a candidate for president or vice president of the United States,
176     before the filing officer may accept any declaration of candidacy, the filing officer shall:
177          (i) read to the individual the constitutional and statutory qualification requirements for
178     the office that the individual is seeking;
179          (ii) require the individual to state whether the individual meets the requirements
180     described in Subsection (3)(a)(i); [and]

181          (iii) if the declaration of candidacy is for a county office, inform the individual that an
182     individual who holds a county elected office may not, at the same time, hold a municipal
183     elected office[.]; and
184          (iv) if the declaration of candidacy is for a legislative office, inform the individual that
185     Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
186     or trust, under authority of the United States or Utah, from being a member of the Legislature.
187          (b) Before accepting a declaration of candidacy for the office of county attorney, the
188     county clerk shall ensure that the individual filing that declaration of candidacy is:
189          (i) a United States citizen;
190          (ii) an attorney licensed to practice law in the state who is an active member in good
191     standing of the Utah State Bar;
192          (iii) a registered voter in the county in which the individual is seeking office; and
193          (iv) a current resident of the county in which the individual is seeking office and either
194     has been a resident of that county for at least one year or was appointed and is currently serving
195     as county attorney and became a resident of the county within 30 days after appointment to the
196     office.
197          (c) Before accepting a declaration of candidacy for the office of district attorney, the
198     county clerk shall ensure that, as of the date of the election, the individual filing that
199     declaration of candidacy is:
200          (i) a United States citizen;
201          (ii) an attorney licensed to practice law in the state who is an active member in good
202     standing of the Utah State Bar;
203          (iii) a registered voter in the prosecution district in which the individual is seeking
204     office; and
205          (iv) a current resident of the prosecution district in which the individual is seeking
206     office and either will have been a resident of that prosecution district for at least one year as of
207     the date of the election or was appointed and is currently serving as district attorney and
208     became a resident of the prosecution district within 30 days after receiving appointment to the
209     office.
210          (d) Before accepting a declaration of candidacy for the office of county sheriff, the
211     county clerk shall ensure that the individual filing the declaration:

212          (i) is a United States citizen;
213          (ii) is a registered voter in the county in which the individual seeks office;
214          (iii) (A) has successfully met the standards and training requirements established for
215     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
216     Certification Act; or
217          (B) has met the waiver requirements in Section 53-6-206;
218          (iv) is qualified to be certified as a law enforcement officer, as defined in Section
219     53-13-103; and
220          (v) as of the date of the election, will have been a resident of the county in which the
221     individual seeks office for at least one year.
222          (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
223     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
224     Education member, the filing officer shall ensure:
225          (i) that the individual filing the declaration of candidacy also makes the conflict of
226     interest disclosure required by Section 20A-11-1603; and
227          (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
228     individual provides the conflict of interest disclosure form to the lieutenant governor in
229     accordance with Section 20A-11-1603.
230          (4) If an individual who files a declaration of candidacy does not meet the qualification
231     requirements for the office the individual is seeking, the filing officer may not accept the
232     individual's declaration of candidacy.
233          (5) If an individual who files a declaration of candidacy meets the requirements
234     described in Subsection (3), the filing officer shall:
235          (a) inform the individual that:
236          (i) the individual's name will appear on the ballot as the individual's name is written on
237     the individual's declaration of candidacy;
238          (ii) the individual may be required to comply with state or local campaign finance
239     disclosure laws; and
240          (iii) the individual is required to file a financial statement before the individual's
241     political convention under:
242          (A) Section 20A-11-204 for a candidate for constitutional office;

243          (B) Section 20A-11-303 for a candidate for the Legislature; or
244          (C) local campaign finance disclosure laws, if applicable;
245          (b) except for a presidential candidate, provide the individual with a copy of the current
246     campaign financial disclosure laws for the office the individual is seeking and inform the
247     individual that failure to comply will result in disqualification as a candidate and removal of
248     the individual's name from the ballot;
249          (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
250     Electronic Voter Information Website Program and inform the individual of the submission
251     deadline under Subsection 20A-7-801(4)(a);
252          (d) provide the candidate with a copy of the pledge of fair campaign practices
253     described under Section 20A-9-206 and inform the candidate that:
254          (i) signing the pledge is voluntary; and
255          (ii) signed pledges shall be filed with the filing officer;
256          (e) accept the individual's declaration of candidacy; and
257          (f) if the individual has filed for a partisan office, provide a certified copy of the
258     declaration of candidacy to the chair of the county or state political party of which the
259     individual is a member.
260          (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
261     officer shall:
262          (a) accept the candidate's pledge; and
263          (b) if the candidate has filed for a partisan office, provide a certified copy of the
264     candidate's pledge to the chair of the county or state political party of which the candidate is a
265     member.
266          (7) (a) Except for a candidate for president or vice president of the United States, the
267     form of the declaration of candidacy shall:
268          (i) be substantially as follows:
269          "State of Utah, County of ____
270               I, ______________, declare my candidacy for the office of ____, seeking the
271     nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will
272     meet the qualifications to hold the office, both legally and constitutionally, if selected; I
273     reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No.

274     ____; I will not knowingly violate any law governing campaigns and elections; if filing via a
275     designated agent, I will be out of the state of Utah during the entire candidate filing period; I
276     will file all campaign financial disclosure reports as required by law; and I understand that
277     failure to do so will result in my disqualification as a candidate for this office and removal of
278     my name from the ballot. The mailing address that I designate for receiving official election
279     notices is ___________________________.
280     ____________________________________________________________________
281          Subscribed and sworn before me this __________(month\day\year).
282     
Notary Public (or other officer qualified to administer oath)."; and

283          (ii) require the candidate to state, in the sworn statement described in Subsection
284     (7)(a)(i):
285          (A) the registered political party of which the candidate is a member; or
286          (B) that the candidate is not a member of a registered political party.
287          (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
288     candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
289          (8) (a) Except for a candidate for president or vice president of the United States, the
290     fee for filing a declaration of candidacy is:
291          (i) $50 for candidates for the local school district board; and
292          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
293     person holding the office for all other federal, state, and county offices.
294          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
295     any candidate:
296          (i) who is disqualified; or
297          (ii) who the filing officer determines has filed improperly.
298          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
299     from candidates.
300          (ii) The lieutenant governor shall:
301          (A) apportion to and pay to the county treasurers of the various counties all fees
302     received for filing of nomination certificates or acceptances; and
303          (B) ensure that each county receives that proportion of the total amount paid to the
304     lieutenant governor from the congressional district that the total vote of that county for all

305     candidates for representative in Congress bears to the total vote of all counties within the
306     congressional district for all candidates for representative in Congress.
307          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
308     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
309     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
310     a financial statement filed at the time the affidavit is submitted.
311          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
312          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
313     statement filed under this section shall be subject to the criminal penalties provided under
314     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
315          (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
316     considered an offense under this title for the purposes of assessing the penalties provided in
317     Subsection 20A-1-609(2).
318          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
319     substantially the following form:
320          "Affidavit of Impecuniosity
321     Individual Name
322     ____________________________Address_____________________________
323     Phone Number _________________
324     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
325     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
326     law.
327     Date ______________ Signature________________________________________________
328     Affiant
329     Subscribed and sworn to before me on ___________ (month\day\year)
330     
______________________

331     
(signature)

332          Name and Title of Officer Authorized to Administer Oath
______________________".

333          (v) The filing officer shall provide to a person who requests an affidavit of
334     impecuniosity a statement printed in substantially the following form, which may be included
335     on the affidavit of impecuniosity:

336          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
337     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
338     penalties, will be removed from the ballot."
339          (vi) The filing officer may request that a person who makes a claim of impecuniosity
340     under this Subsection (8)(d) file a financial statement on a form prepared by the election
341     official.
342          (9) An individual who fails to file a declaration of candidacy or certificate of
343     nomination within the time provided in this chapter is ineligible for nomination to office.
344          (10) A declaration of candidacy filed under this section may not be amended or
345     modified after the final date established for filing a declaration of candidacy.
346          Section 3. Section 20A-9-202 is amended to read:
347          20A-9-202. Declarations of candidacy for regular general elections.
348          (1) (a) An individual seeking to become a candidate for an elective office that is to be
349     filled at the next regular general election shall:
350          (i) except as provided in Subsection (1)(c), file a declaration of candidacy in person
351     with the filing officer on or after January 1 of the regular general election year, and, if
352     applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
353          (ii) pay the filing fee.
354          (b) Unless expressly provided otherwise in this title, for a registered political party that
355     is not a qualified political party, the deadline for filing a declaration of candidacy for an
356     elective office that is to be filled at the next regular general election is 5 p.m. on the first
357     Monday after the third Saturday in April.
358          (c) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file
359     a declaration of candidacy with the filing officer if:
360          (i) the individual is located outside of the state during the entire filing period;
361          (ii) the designated agent appears in person before the filing officer;
362          (iii) the individual communicates with the filing officer using an electronic device that
363     allows the individual and filing officer to see and hear each other; and
364          (iv) the individual provides the filing officer with an email address to which the filing
365     officer may send the individual the copies described in Subsection 20A-9-201(5).
366          (d) Each county clerk who receives a declaration of candidacy from a candidate for

367     multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
368     candidacy to the lieutenant governor within one business day after the candidate files the
369     declaration of candidacy.
370          (e) Each day during the filing period, each county clerk shall notify the lieutenant
371     governor electronically or by telephone of candidates who have filed a declaration of candidacy
372     with the county clerk.
373          (f) Each individual seeking the office of lieutenant governor, the office of district
374     attorney, or the office of president or vice president of the United States shall comply with the
375     specific declaration of candidacy requirements established by this section.
376          (2) (a) Each individual intending to become a candidate for the office of district
377     attorney within a multicounty prosecution district that is to be filled at the next regular general
378     election shall:
379          (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
380     creating the prosecution district on or after January 1 of the regular general election year, and
381     before the individual circulates nomination petitions under Section 20A-9-405; and
382          (ii) pay the filing fee.
383          (b) The designated clerk shall provide to the county clerk of each county in the
384     prosecution district a certified copy of each declaration of candidacy filed for the office of
385     district attorney.
386          (3) (a) Before the deadline described in Subsection (1)(b), each lieutenant governor
387     candidate shall:
388          (i) file a declaration of candidacy with the lieutenant governor;
389          (ii) pay the filing fee; and
390          (iii) submit a letter from a candidate for governor who has received certification for the
391     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
392     as a joint-ticket running mate.
393          (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
394          (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
395     replace the disqualified candidate.
396          (4) Before 5 p.m. no later than August 31, each registered political party shall:
397          (a) certify the names of the political party's candidates for president and vice president

398     of the United States to the lieutenant governor; or
399          (b) provide written authorization for the lieutenant governor to accept the certification
400     of candidates for president and vice president of the United States from the national office of
401     the registered political party.
402          (5) (a) A declaration of candidacy filed under this section is valid unless a written
403     objection is filed with the clerk or lieutenant governor before 5 p.m. [within five days after the
404     last day for filing] on the last business day that is at least 10 days before the deadline described
405     in Subsection 20A-9-409(4)(c).
406          (b) If an objection is made, the clerk or lieutenant governor shall:
407          (i) mail or personally deliver notice of the objection to the affected candidate
408     immediately; and
409          (ii) decide any objection within 48 hours after it is filed.
410          (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
411     problem by amending the declaration or petition before 5 p.m. within three days after the day
412     on which the objection is sustained or by filing a new declaration before 5 p.m. within three
413     days after the day on which the objection is sustained.
414          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
415          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
416     by a district court if prompt application is made to the court.
417          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
418     of its discretion, agrees to review the lower court decision.
419          (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
420     filing a written affidavit with the clerk.
421          (7) (a) Except for a candidate who is certified by a registered political party under
422     Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
423     August 31 of a general election year, each individual running as a candidate for vice president
424     of the United States shall:
425          (i) file a declaration of candidacy, in person or via a designated agent, on a form
426     developed by the lieutenant governor, that:
427          (A) contains the individual's name, address, and telephone number;
428          (B) states that the individual meets the qualifications for the office of vice president of

429     the United States;
430          (C) names the presidential candidate, who has qualified for the general election ballot,
431     with which the individual is running as a joint-ticket running mate;
432          (D) states that the individual agrees to be the running mate of the presidential candidate
433     described in Subsection (7)(a)(i)(C); and
434          (E) contains any other necessary information identified by the lieutenant governor;
435          (ii) pay the filing fee; and
436          (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
437     that names the individual as a joint-ticket running mate as a vice presidential candidate.
438          (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
439     candidacy.
440          (c) A vice presidential candidate who fails to meet the requirements described in this
441     Subsection (7) may not appear on the general election ballot.
442          (8) An individual filing a declaration of candidacy for president or vice president of the
443     United States shall pay a filing fee of $500.
444          Section 4. Section 20A-9-203 is amended to read:
445          20A-9-203. Declarations of candidacy -- Municipal general elections.
446          (1) An individual may become a candidate for any municipal office if:
447          (a) the individual is a registered voter; and
448          (b) (i) the individual has resided within the municipality in which the individual seeks
449     to hold elective office for the 12 consecutive months immediately before the date of the
450     election; or
451          (ii) the territory in which the individual resides was annexed into the municipality, the
452     individual has resided within the annexed territory or the municipality the 12 consecutive
453     months immediately before the date of the election.
454          (2) (a) For purposes of determining whether an individual meets the residency
455     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
456     before the election, the municipality is considered to have been incorporated 12 months before
457     the date of the election.
458          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
459     council position shall, if elected from a district, be a resident of the council district from which

460     the candidate is elected.
461          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
462     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
463     against the elective franchise may not hold office in this state until the right to hold elective
464     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
465          (3) (a) An individual seeking to become a candidate for a municipal office shall,
466     regardless of the nomination method by which the individual is seeking to become a candidate:
467          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
468     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
469     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
470     described in Section 10-3-301 and not later than the close of those office hours, between June 1
471     and June 7 of any odd-numbered year; and
472          (ii) pay the filing fee, if one is required by municipal ordinance.
473          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
474     declaration of candidacy with the city recorder or town clerk if:
475          (i) the individual is located outside of the state during the entire filing period;
476          (ii) the designated agent appears in person before the city recorder or town clerk;
477          (iii) the individual communicates with the city recorder or town clerk using an
478     electronic device that allows the individual and city recorder or town clerk to see and hear each
479     other; and
480          (iv) the individual provides the city recorder or town clerk with an email address to
481     which the city recorder or town clerk may send the individual the copies described in
482     Subsection (4).
483          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
484          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
485     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
486     the office hours described in Section 10-3-301 and not later than the close of those office
487     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
488     of the nomination petition of the lesser of at least:
489          (A) 25 registered voters who reside in the municipality; or
490          (B) 20% of the registered voters who reside in the municipality; and

491          (ii) paying the filing fee, if one is required by municipal ordinance.
492          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
493     petition, the filing officer shall:
494          (i) read to the prospective candidate or individual filing the petition the constitutional
495     and statutory qualification requirements for the office that the candidate is seeking;
496          (ii) require the candidate or individual filing the petition to state whether the candidate
497     meets the requirements described in Subsection (4)(a)(i); and
498          (iii) inform the candidate or the individual filing the petition that an individual who
499     holds a municipal elected office may not, at the same time, hold a county elected office.
500          (b) If the prospective candidate does not meet the qualification requirements for the
501     office, the filing officer may not accept the declaration of candidacy or nomination petition.
502          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
503     filing officer shall:
504          (i) inform the candidate that the candidate's name will appear on the ballot as it is
505     written on the declaration of candidacy;
506          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
507     for the office the candidate is seeking and inform the candidate that failure to comply will
508     result in disqualification as a candidate and removal of the candidate's name from the ballot;
509          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
510     Electronic Voter Information Website Program and inform the candidate of the submission
511     deadline under Subsection 20A-7-801(4)(a);
512          (iv) provide the candidate with a copy of the pledge of fair campaign practices
513     described under Section 20A-9-206 and inform the candidate that:
514          (A) signing the pledge is voluntary; and
515          (B) signed pledges shall be filed with the filing officer; and
516          (v) accept the declaration of candidacy or nomination petition.
517          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
518     officer shall:
519          (i) accept the candidate's pledge; and
520          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
521     candidate's pledge to the chair of the county or state political party of which the candidate is a

522     member.
523          (5) (a) The declaration of candidacy shall be in substantially the following form:
524          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
525     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
526     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
527     (stating the term). I will meet the legal qualifications required of candidates for this office. If
528     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
529     candidate filing period. I will file all campaign financial disclosure reports as required by law
530     and I understand that failure to do so will result in my disqualification as a candidate for this
531     office and removal of my name from the ballot. I request that my name be printed upon the
532     applicable official ballots. (Signed) _______________
533          Subscribed and sworn to (or affirmed) before me by ____ on this
534     __________(month\day\year).
535          (Signed) _______________ (Clerk or other officer qualified to administer oath)".
536          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
537     not sign the form described in Subsection (5)(a).
538          (c) (i) A nomination petition shall be in substantially the following form:
539          "NOMINATION PETITION
540          The undersigned residents of (name of municipality), being registered voters, nominate
541     (name of nominee) for the office of (name of office) for the (length of term of office)."
542          (ii) The remainder of the petition shall contain lines and columns for the signatures of
543     individuals signing the petition and each individual's address and phone number.
544          (6) If the declaration of candidacy or nomination petition fails to state whether the
545     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
546     for the four-year term.
547          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
548     voters.
549          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
550     print the candidate's name on the ballot.
551          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
552     clerk shall:

553          (a) publish a list of the names of the candidates as they will appear on the ballot:
554          (i) (A) in at least two successive publications of a newspaper of general circulation in
555     the municipality;
556          (B) if there is no newspaper of general circulation in the municipality, by posting one
557     copy of the list, and at least one additional copy of the list per 2,000 population of the
558     municipality, in places within the municipality that are most likely to give notice to the voters
559     in the municipality; or
560          (C) by mailing notice to each registered voter in the municipality;
561          (ii) on the Utah Public Notice Website created in Section 63F-1-701, for seven days;
562          (iii) in accordance with Section 45-1-101, for seven days; and
563          (iv) if the municipality has a website, on the municipality's website for seven days; and
564          (b) notify the lieutenant governor of the names of the candidates as they will appear on
565     the ballot.
566          (9) Except as provided in Subsection (10)(c), an individual may not amend a
567     declaration of candidacy or nomination petition filed under this section after the candidate
568     filing period ends.
569          (10) (a) A declaration of candidacy or nomination petition that an individual files under
570     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
571     [five] 10 days after the last day for filing.
572          (b) If a person files an objection, the clerk shall:
573          (i) mail or personally deliver notice of the objection to the affected candidate
574     immediately; and
575          (ii) decide any objection within 48 hours after the objection is filed.
576          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
577     days after the day on which the clerk sustains the objection, correct the problem for which the
578     objection is sustained by amending the candidate's declaration of candidacy or nomination
579     petition, or by filing a new declaration of candidacy.
580          (d) (i) The clerk's decision upon objections to form is final.
581          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
582     prompt application is made to the district court.
583          (iii) The decision of the district court is final unless the Supreme Court, in the exercise

584     of its discretion, agrees to review the lower court decision.
585          (11) A candidate who qualifies for the ballot under this section may withdraw as a
586     candidate by filing a written affidavit with the municipal clerk.
587          Section 5. Section 20A-9-408.5 is amended to read:
588          20A-9-408.5. Declaration of candidacy form for qualified political party.
589          The declaration of candidacy form described in Sections 20A-9-407 and 20A-9-408
590     shall:
591          (1) be substantially as follows:
592          "State of Utah, County of ____
593          I, ______________, declare my intention of becoming a candidate for the office of
594     ____ as a candidate for the ____ party. I do solemnly swear, under penalty of perjury, that: I
595     will meet the qualifications to hold the office, both legally and constitutionally, if selected; I
596     reside at _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____;
597     I will not knowingly violate any law governing campaigns and elections; I will file all
598     campaign financial disclosure reports as required by law; and I understand that failure to do so
599     will result in my disqualification as a candidate for this office and removal of my name from
600     the ballot. The mailing address that I designate for receiving official election notices is
601     ___________________________________________________________________________
602     ___________________________________________________________________________.
603          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
604     other officer qualified to administer oath).";
605          (2) direct the candidate to state, in the sworn statement described in Subsection (1):
606          (a) the registered political party of which the candidate is a member; or
607          (b) that the candidate is not a member of a registered political party; and
608          (3) direct the candidate to indicate whether the candidate is seeking the nomination
609     using:
610          (a) the convention process described in Section 20A-9-407;
611          (b) the signature-gathering process described in Section 20A-9-408; or
612          (c) both processes described in Subsections (3)(a) and (b).