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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to a declaration of candidacy.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that a statement made in a declaration of candidacy is subject to the
13 penalties of perjury; and
14 ▸ extends the deadline for challenging a declaration of candidacy.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-9-201, as last amended by Laws of Utah 2020, Chapter 22
22 20A-9-202, as last amended by Laws of Utah 2020, Chapter 22
23 20A-9-203, as last amended by Laws of Utah 2020, Chapter 22
24 20A-9-408.5, as enacted by Laws of Utah 2015, Chapter 296
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-9-201 is amended to read:
28 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
29 more than one political party prohibited with exceptions -- General filing and form
30 requirements -- Affidavit of impecuniosity.
31 (1) Before filing a declaration of candidacy for election to any office, an individual
32 shall:
33 (a) be a United States citizen;
34 (b) meet the legal requirements of that office; and
35 (c) if seeking a registered political party's nomination as a candidate for elective office,
36 state:
37 (i) the registered political party of which the individual is a member; or
38 (ii) that the individual is not a member of a registered political party.
39 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
40 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
41 Utah during any election year;
42 (ii) appear on the ballot as the candidate of more than one political party; or
43 (iii) file a declaration of candidacy for a registered political party of which the
44 individual is not a member, except to the extent that the registered political party permits
45 otherwise in the registered political party's bylaws.
46 (b) (i) An individual may file a declaration of candidacy for, or be a candidate for,
47 president or vice president of the United States and another office, if the individual resigns the
48 individual's candidacy for the other office after the individual is officially nominated for
49 president or vice president of the United States.
50 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
51 than one justice court judge office.
52 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
53 the individual filed a declaration of candidacy for another office in the same election year if the
54 individual withdraws as a candidate for the other office in accordance with Subsection
55 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
56 (3) (a) Except for a candidate for president or vice president of the United States,
57 before the filing officer may accept any declaration of candidacy, the filing officer shall:
58 (i) read to the individual the constitutional and statutory qualification requirements for
59 the office that the individual is seeking;
60 (ii) require the individual to state whether the individual meets the requirements
61 described in Subsection (3)(a)(i); [
62 (iii) if the declaration of candidacy is for a county office, inform the individual that an
63 individual who holds a county elected office may not, at the same time, hold a municipal
64 elected office[
65 (iv) if the declaration of candidacy is for a legislative office, inform the individual that
66 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
67 or trust, under authority of the United States or Utah, from being a member of the Legislature.
68 (b) Before accepting a declaration of candidacy for the office of county attorney, the
69 county clerk shall ensure that the individual filing that declaration of candidacy is:
70 (i) a United States citizen;
71 (ii) an attorney licensed to practice law in the state who is an active member in good
72 standing of the Utah State Bar;
73 (iii) a registered voter in the county in which the individual is seeking office; and
74 (iv) a current resident of the county in which the individual is seeking office and either
75 has been a resident of that county for at least one year or was appointed and is currently serving
76 as county attorney and became a resident of the county within 30 days after appointment to the
77 office.
78 (c) Before accepting a declaration of candidacy for the office of district attorney, the
79 county clerk shall ensure that, as of the date of the election, the individual filing that
80 declaration of candidacy is:
81 (i) a United States citizen;
82 (ii) an attorney licensed to practice law in the state who is an active member in good
83 standing of the Utah State Bar;
84 (iii) a registered voter in the prosecution district in which the individual is seeking
85 office; and
86 (iv) a current resident of the prosecution district in which the individual is seeking
87 office and either will have been a resident of that prosecution district for at least one year as of
88 the date of the election or was appointed and is currently serving as district attorney and
89 became a resident of the prosecution district within 30 days after receiving appointment to the
90 office.
91 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
92 county clerk shall ensure that the individual filing the declaration:
93 (i) is a United States citizen;
94 (ii) is a registered voter in the county in which the individual seeks office;
95 (iii) (A) has successfully met the standards and training requirements established for
96 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
97 Certification Act; or
98 (B) has met the waiver requirements in Section 53-6-206;
99 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
100 53-13-103; and
101 (v) as of the date of the election, will have been a resident of the county in which the
102 individual seeks office for at least one year.
103 (e) Before accepting a declaration of candidacy for the office of governor, lieutenant
104 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
105 Education member, the filing officer shall ensure:
106 (i) that the individual filing the declaration of candidacy also makes the conflict of
107 interest disclosure required by Section 20A-11-1603; and
108 (ii) until January 1, 2020, if the filing officer is not the lieutenant governor, that the
109 individual provides the conflict of interest disclosure form to the lieutenant governor in
110 accordance with Section 20A-11-1603.
111 (4) If an individual who files a declaration of candidacy does not meet the qualification
112 requirements for the office the individual is seeking, the filing officer may not accept the
113 individual's declaration of candidacy.
114 (5) If an individual who files a declaration of candidacy meets the requirements
115 described in Subsection (3), the filing officer shall:
116 (a) inform the individual that:
117 (i) the individual's name will appear on the ballot as the individual's name is written on
118 the individual's declaration of candidacy;
119 (ii) the individual may be required to comply with state or local campaign finance
120 disclosure laws; and
121 (iii) the individual is required to file a financial statement before the individual's
122 political convention under:
123 (A) Section 20A-11-204 for a candidate for constitutional office;
124 (B) Section 20A-11-303 for a candidate for the Legislature; or
125 (C) local campaign finance disclosure laws, if applicable;
126 (b) except for a presidential candidate, provide the individual with a copy of the current
127 campaign financial disclosure laws for the office the individual is seeking and inform the
128 individual that failure to comply will result in disqualification as a candidate and removal of
129 the individual's name from the ballot;
130 (c) provide the individual with a copy of Section 20A-7-801 regarding the Statewide
131 Electronic Voter Information Website Program and inform the individual of the submission
132 deadline under Subsection 20A-7-801(4)(a);
133 (d) provide the candidate with a copy of the pledge of fair campaign practices
134 described under Section 20A-9-206 and inform the candidate that:
135 (i) signing the pledge is voluntary; and
136 (ii) signed pledges shall be filed with the filing officer;
137 (e) accept the individual's declaration of candidacy; and
138 (f) if the individual has filed for a partisan office, provide a certified copy of the
139 declaration of candidacy to the chair of the county or state political party of which the
140 individual is a member.
141 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing
142 officer shall:
143 (a) accept the candidate's pledge; and
144 (b) if the candidate has filed for a partisan office, provide a certified copy of the
145 candidate's pledge to the chair of the county or state political party of which the candidate is a
146 member.
147 (7) (a) Except for a candidate for president or vice president of the United States, the
148 form of the declaration of candidacy shall:
149 (i) be substantially as follows:
150 "State of Utah, County of ____
151 I, ______________, declare my candidacy for the office of ____, seeking the
152 nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
153 the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
154 _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
155 knowingly violate any law governing campaigns and elections; if filing via a designated agent,
156 I will be out of the state of Utah during the entire candidate filing period; I will file all
157 campaign financial disclosure reports as required by law; and I understand that failure to do so
158 will result in my disqualification as a candidate for this office and removal of my name from
159 the ballot. The mailing address that I designate for receiving official election notices is
160 ___________________________.
161 ____________________________________________________________________
162 Subscribed and sworn before me this __________(month\day\year).
163
Notary Public (or other officer qualified to administer oath)."; and
164 (ii) require the candidate to state, in the sworn statement described in Subsection
165 (7)(a)(i):
166 (A) the registered political party of which the candidate is a member; or
167 (B) that the candidate is not a member of a registered political party.
168 (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
169 candidacy may not sign the form described in Subsection (7)(a) or Section 20A-9-408.5.
170 (8) (a) Except for a candidate for president or vice president of the United States, the
171 fee for filing a declaration of candidacy is:
172 (i) $50 for candidates for the local school district board; and
173 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
174 person holding the office for all other federal, state, and county offices.
175 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
176 any candidate:
177 (i) who is disqualified; or
178 (ii) who the filing officer determines has filed improperly.
179 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
180 from candidates.
181 (ii) The lieutenant governor shall:
182 (A) apportion to and pay to the county treasurers of the various counties all fees
183 received for filing of nomination certificates or acceptances; and
184 (B) ensure that each county receives that proportion of the total amount paid to the
185 lieutenant governor from the congressional district that the total vote of that county for all
186 candidates for representative in Congress bears to the total vote of all counties within the
187 congressional district for all candidates for representative in Congress.
188 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
189 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
190 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
191 a financial statement filed at the time the affidavit is submitted.
192 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
193 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
194 statement filed under this section shall be subject to the criminal penalties provided under
195 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
196 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
197 considered an offense under this title for the purposes of assessing the penalties provided in
198 Subsection 20A-1-609(2).
199 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
200 substantially the following form:
201 "Affidavit of Impecuniosity
202 Individual Name
203 ____________________________Address_____________________________
204 Phone Number _________________
205 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
206 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
207 law.
208 Date ______________ Signature________________________________________________
209 Affiant
210 Subscribed and sworn to before me on ___________ (month\day\year)
211
______________________
212
(signature)
213 Name and Title of Officer Authorized to Administer Oath
______________________".
214 (v) The filing officer shall provide to a person who requests an affidavit of
215 impecuniosity a statement printed in substantially the following form, which may be included
216 on the affidavit of impecuniosity:
217 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
218 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
219 penalties, will be removed from the ballot."
220 (vi) The filing officer may request that a person who makes a claim of impecuniosity
221 under this Subsection (8)(d) file a financial statement on a form prepared by the election
222 official.
223 (9) An individual who fails to file a declaration of candidacy or certificate of
224 nomination within the time provided in this chapter is ineligible for nomination to office.
225 (10) A declaration of candidacy filed under this section may not be amended or
226 modified after the final date established for filing a declaration of candidacy.
227 Section 2. Section 20A-9-202 is amended to read:
228 20A-9-202. Declarations of candidacy for regular general elections.
229 (1) (a) An individual seeking to become a candidate for an elective office that is to be
230 filled at the next regular general election shall:
231 (i) except as provided in Subsection (1)(c), file a declaration of candidacy in person
232 with the filing officer on or after January 1 of the regular general election year, and, if
233 applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
234 (ii) pay the filing fee.
235 (b) Unless expressly provided otherwise in this title, for a registered political party that
236 is not a qualified political party, the deadline for filing a declaration of candidacy for an
237 elective office that is to be filled at the next regular general election is:
238 (i) in a year other than 2020, 5 p.m. on the first Monday after the third Saturday in
239 April; or
240 (ii) in 2020, before 5 p.m. April 27.
241 (c) Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file
242 a declaration of candidacy with the filing officer if:
243 (i) the individual is located outside of the state during the entire filing period;
244 (ii) the designated agent appears in person before the filing officer;
245 (iii) the individual communicates with the filing officer using an electronic device that
246 allows the individual and filing officer to see and hear each other; and
247 (iv) the individual provides the filing officer with an email address to which the filing
248 officer may send the individual the copies described in Subsection 20A-9-201(5).
249 (d) Each county clerk who receives a declaration of candidacy from a candidate for
250 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
251 candidacy to the lieutenant governor within one business day after the candidate files the
252 declaration of candidacy.
253 (e) Each day during the filing period, each county clerk shall notify the lieutenant
254 governor electronically or by telephone of candidates who have filed a declaration of candidacy
255 with the county clerk.
256 (f) Each individual seeking the office of lieutenant governor, the office of district
257 attorney, or the office of president or vice president of the United States shall comply with the
258 specific declaration of candidacy requirements established by this section.
259 (2) (a) Each individual intending to become a candidate for the office of district
260 attorney within a multicounty prosecution district that is to be filled at the next regular general
261 election shall:
262 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
263 creating the prosecution district on or after January 1 of the regular general election year, and
264 before the individual circulates nomination petitions under Section 20A-9-405; and
265 (ii) pay the filing fee.
266 (b) The designated clerk shall provide to the county clerk of each county in the
267 prosecution district a certified copy of each declaration of candidacy filed for the office of
268 district attorney.
269 (3) (a) Before the deadline described in Subsection (1)(b)(i) or (ii), each lieutenant
270 governor candidate shall:
271 (i) file a declaration of candidacy with the lieutenant governor;
272 (ii) pay the filing fee; and
273 (iii) submit a letter from a candidate for governor who has received certification for the
274 primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
275 as a joint-ticket running mate.
276 (b) (i) A candidate for lieutenant governor who fails to timely file is disqualified.
277 (ii) If a candidate for lieutenant governor is disqualified, another candidate may file to
278 replace the disqualified candidate.
279 (4) Before 5 p.m. no later than August 31, each registered political party shall:
280 (a) certify the names of the political party's candidates for president and vice president
281 of the United States to the lieutenant governor; or
282 (b) provide written authorization for the lieutenant governor to accept the certification
283 of candidates for president and vice president of the United States from the national office of
284 the registered political party.
285 (5) (a) A declaration of candidacy filed under this section is valid unless a written
286 objection is filed with the clerk or lieutenant governor before 5 p.m. within [
287 the last day for filing.
288 (b) If an objection is made, the clerk or lieutenant governor shall:
289 (i) mail or personally deliver notice of the objection to the affected candidate
290 immediately; and
291 (ii) decide any objection within 48 hours after it is filed.
292 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
293 problem by amending the declaration or petition before 5 p.m. within three days after the day
294 on which the objection is sustained or by filing a new declaration before 5 p.m. within three
295 days after the day on which the objection is sustained.
296 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
297 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
298 by a district court if prompt application is made to the court.
299 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
300 of its discretion, agrees to review the lower court decision.
301 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by
302 filing a written affidavit with the clerk.
303 (7) (a) Except for a candidate who is certified by a registered political party under
304 Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than
305 August 31 of a general election year, each individual running as a candidate for vice president
306 of the United States shall:
307 (i) file a declaration of candidacy, in person or via a designated agent, on a form
308 developed by the lieutenant governor, that:
309 (A) contains the individual's name, address, and telephone number;
310 (B) states that the individual meets the qualifications for the office of vice president of
311 the United States;
312 (C) names the presidential candidate, who has qualified for the general election ballot,
313 with which the individual is running as a joint-ticket running mate;
314 (D) states that the individual agrees to be the running mate of the presidential candidate
315 described in Subsection (7)(a)(i)(C); and
316 (E) contains any other necessary information identified by the lieutenant governor;
317 (ii) pay the filing fee; and
318 (iii) submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C)
319 that names the individual as a joint-ticket running mate as a vice presidential candidate.
320 (b) A designated agent described in Subsection (7)(a)(i) may not sign the declaration of
321 candidacy.
322 (c) A vice presidential candidate who fails to meet the requirements described in this
323 Subsection (7) may not appear on the general election ballot.
324 (8) An individual filing a declaration of candidacy for president or vice president of the
325 United States shall pay a filing fee of $500.
326 Section 3. Section 20A-9-203 is amended to read:
327 20A-9-203. Declarations of candidacy -- Municipal general elections.
328 (1) An individual may become a candidate for any municipal office if:
329 (a) the individual is a registered voter; and
330 (b) (i) the individual has resided within the municipality in which the individual seeks
331 to hold elective office for the 12 consecutive months immediately before the date of the
332 election; or
333 (ii) the territory in which the individual resides was annexed into the municipality, the
334 individual has resided within the annexed territory or the municipality the 12 consecutive
335 months immediately before the date of the election.
336 (2) (a) For purposes of determining whether an individual meets the residency
337 requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
338 before the election, the municipality is considered to have been incorporated 12 months before
339 the date of the election.
340 (b) In addition to the requirements of Subsection (1), each candidate for a municipal
341 council position shall, if elected from a district, be a resident of the council district from which
342 the candidate is elected.
343 (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
344 individual, an individual convicted of a felony, or an individual convicted of treason or a crime
345 against the elective franchise may not hold office in this state until the right to hold elective
346 office is restored under Section 20A-2-101.3 or 20A-2-101.5.
347 (3) (a) An individual seeking to become a candidate for a municipal office shall,
348 regardless of the nomination method by which the individual is seeking to become a candidate:
349 (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
350 Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
351 declaration of candidacy, in person with the city recorder or town clerk, during the office hours
352 described in Section 10-3-301 and not later than the close of those office hours, between June 1
353 and June 7 of any odd-numbered year; and
354 (ii) pay the filing fee, if one is required by municipal ordinance.
355 (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
356 declaration of candidacy with the city recorder or town clerk if:
357 (i) the individual is located outside of the state during the entire filing period;
358 (ii) the designated agent appears in person before the city recorder or town clerk;
359 (iii) the individual communicates with the city recorder or town clerk using an
360 electronic device that allows the individual and city recorder or town clerk to see and hear each
361 other; and
362 (iv) the individual provides the city recorder or town clerk with an email address to
363 which the city recorder or town clerk may send the individual the copies described in
364 Subsection (4).
365 (c) Any resident of a municipality may nominate a candidate for a municipal office by:
366 (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
367 Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
368 the office hours described in Section 10-3-301 and not later than the close of those office
369 hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
370 of the nomination petition of the lesser of at least:
371 (A) 25 registered voters who reside in the municipality; or
372 (B) 20% of the registered voters who reside in the municipality; and
373 (ii) paying the filing fee, if one is required by municipal ordinance.
374 (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
375 petition, the filing officer shall:
376 (i) read to the prospective candidate or individual filing the petition the constitutional
377 and statutory qualification requirements for the office that the candidate is seeking;
378 (ii) require the candidate or individual filing the petition to state whether the candidate
379 meets the requirements described in Subsection (4)(a)(i); and
380 (iii) inform the candidate or the individual filing the petition that an individual who
381 holds a municipal elected office may not, at the same time, hold a county elected office.
382 (b) If the prospective candidate does not meet the qualification requirements for the
383 office, the filing officer may not accept the declaration of candidacy or nomination petition.
384 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
385 filing officer shall:
386 (i) inform the candidate that the candidate's name will appear on the ballot as it is
387 written on the declaration of candidacy;
388 (ii) provide the candidate with a copy of the current campaign financial disclosure laws
389 for the office the candidate is seeking and inform the candidate that failure to comply will
390 result in disqualification as a candidate and removal of the candidate's name from the ballot;
391 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
392 Electronic Voter Information Website Program and inform the candidate of the submission
393 deadline under Subsection 20A-7-801(4)(a);
394 (iv) provide the candidate with a copy of the pledge of fair campaign practices
395 described under Section 20A-9-206 and inform the candidate that:
396 (A) signing the pledge is voluntary; and
397 (B) signed pledges shall be filed with the filing officer; and
398 (v) accept the declaration of candidacy or nomination petition.
399 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
400 officer shall:
401 (i) accept the candidate's pledge; and
402 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
403 candidate's pledge to the chair of the county or state political party of which the candidate is a
404 member.
405 (5) (a) The declaration of candidacy shall be in substantially the following form:
406 "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
407 ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
408 (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
409 (stating the term). I will meet the legal qualifications required of candidates for this office. If
410 filing via a designated agent, I attest that I will be out of the state of Utah during the entire
411 candidate filing period. I will file all campaign financial disclosure reports as required by law
412 and I understand that failure to do so will result in my disqualification as a candidate for this
413 office and removal of my name from the ballot. I request that my name be printed upon the
414 applicable official ballots. (Signed) _______________
415 Subscribed and sworn to (or affirmed) before me by ____ on this
416 __________(month\day\year).
417 (Signed) _______________ (Clerk or other officer qualified to administer oath)".
418 (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
419 not sign the form described in Subsection (5)(a).
420 (c) (i) A nomination petition shall be in substantially the following form:
421 "NOMINATION PETITION
422 The undersigned residents of (name of municipality), being registered voters, nominate
423 (name of nominee) for the office of (name of office) for the (length of term of office)."
424 (ii) The remainder of the petition shall contain lines and columns for the signatures of
425 individuals signing the petition and each individual's address and phone number.
426 (6) If the declaration of candidacy or nomination petition fails to state whether the
427 nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
428 for the four-year term.
429 (7) (a) The clerk shall verify with the county clerk that all candidates are registered
430 voters.
431 (b) Any candidate who is not registered to vote is disqualified and the clerk may not
432 print the candidate's name on the ballot.
433 (8) Immediately after expiration of the period for filing a declaration of candidacy, the
434 clerk shall:
435 (a) publish a list of the names of the candidates as they will appear on the ballot:
436 (i) (A) in at least two successive publications of a newspaper of general circulation in
437 the municipality;
438 (B) if there is no newspaper of general circulation in the municipality, by posting one
439 copy of the list, and at least one additional copy of the list per 2,000 population of the
440 municipality, in places within the municipality that are most likely to give notice to the voters
441 in the municipality; or
442 (C) by mailing notice to each registered voter in the municipality;
443 (ii) on the Utah Public Notice Website created in Section 63F-1-701, for seven days;
444 (iii) in accordance with Section 45-1-101, for seven days; and
445 (iv) if the municipality has a website, on the municipality's website for seven days; and
446 (b) notify the lieutenant governor of the names of the candidates as they will appear on
447 the ballot.
448 (9) Except as provided in Subsection (10)(c), an individual may not amend a
449 declaration of candidacy or nomination petition filed under this section after the candidate
450 filing period ends.
451 (10) (a) A declaration of candidacy or nomination petition that an individual files under
452 this section is valid unless a person files a written objection with the clerk before 5 p.m. within
453 [
454 (b) If a person files an objection, the clerk shall:
455 (i) mail or personally deliver notice of the objection to the affected candidate
456 immediately; and
457 (ii) decide any objection within 48 hours after the objection is filed.
458 (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
459 days after the day on which the clerk sustains the objection, correct the problem for which the
460 objection is sustained by amending the candidate's declaration of candidacy or nomination
461 petition, or by filing a new declaration of candidacy.
462 (d) (i) The clerk's decision upon objections to form is final.
463 (ii) The clerk's decision upon substantive matters is reviewable by a district court if
464 prompt application is made to the district court.
465 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
466 of its discretion, agrees to review the lower court decision.
467 (11) A candidate who qualifies for the ballot under this section may withdraw as a
468 candidate by filing a written affidavit with the municipal clerk.
469 Section 4. Section 20A-9-408.5 is amended to read:
470 20A-9-408.5. Declaration of candidacy form for qualified political party.
471 The declaration of candidacy form described in Sections 20A-9-407 and 20A-9-408
472 shall:
473 (1) be substantially as follows:
474 "State of Utah, County of ____
475 I, ______________, declare my intention of becoming a candidate for the office of
476 ____ as a candidate for the ____ party. I do solemnly swear, under penalty of perjury, that: I
477 will meet the qualifications to hold the office, both legally and constitutionally, if selected; I
478 reside at _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____;
479 I will not knowingly violate any law governing campaigns and elections; I will file all
480 campaign financial disclosure reports as required by law; and I understand that failure to do so
481 will result in my disqualification as a candidate for this office and removal of my name from
482 the ballot. The mailing address that I designate for receiving official election notices is
483 ___________________________________________________________________________
484 ___________________________________________________________________________.
485 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
486 other officer qualified to administer oath).";
487 (2) direct the candidate to state, in the sworn statement described in Subsection (1):
488 (a) the registered political party of which the candidate is a member; or
489 (b) that the candidate is not a member of a registered political party; and
490 (3) direct the candidate to indicate whether the candidate is seeking the nomination
491 using:
492 (a) the convention process described in Section 20A-9-407;
493 (b) the signature-gathering process described in Section 20A-9-408; or
494 (c) both processes described in Subsections (3)(a) and (b).