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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to a write-in candidate.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits a candidate who has filed a declaration of candidacy from, in the same
13 year, filing a declaration of candidacy as a write-in candidate; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255 and 279
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 20A-9-601 is amended to read:
25 20A-9-601. Qualifying as a write-in candidate.
26 (1) (a) Except as provided in Subsection (1)(b), an individual who wishes to become a
27 valid write-in candidate shall file a declaration of candidacy in person, or through a designated
28 agent for a candidate for president or vice president of the United States, with the appropriate
29 filing officer before 5 p.m. no later than 65 days before the regular general election or a
30 municipal general election in which the individual intends to be a write-in candidate.
31 (b) (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a
32 declaration of candidacy for president of the United States.
33 (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a
34 declaration of candidacy with the appropriate filing officer if:
35 (A) the individual is located outside of the state during the entire filing period;
36 (B) the designated agent appears in person before the filing officer; and
37 (C) the individual communicates with the filing officer using an electronic device that
38 allows the individual and filing officer to see and hear each other.
39 (2) (a) The form of the declaration of candidacy for a write-in candidate for all offices,
40 except president or vice president of the United States, is substantially as follows:
41 "State of Utah, County of ____
42 I, ______________, declare my intention of becoming a candidate for the office of
43 ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the
44 qualifications to hold the office, both legally and constitutionally, if selected; I reside at
45 _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will
46 not knowingly violate any law governing campaigns and elections; if filing via a designated
47 agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
48 campaign financial disclosure reports as required by law; and I understand that failure to do so
49 will result in my disqualification as a candidate for this office and rejection of any votes cast
50 for me. The mailing address that I designate for receiving official election notices is
51 ___________________________.
52 ____________________________________________________________________
53 Subscribed and sworn before me this __________(month\day\year).
54 Notary Public (or other officer qualified to administer oath)."
55 (b) The form of the declaration of candidacy for a write-in candidate for president of
56 the United States is substantially as follows:
57 "State of Utah, County of ____
58 I, ______________, declare my intention of becoming a candidate for the office of the
59 president of the United States. I do solemnly swear that: I will meet the qualifications to hold
60 the office, both legally and constitutionally, if selected; I reside at _____________ in the City
61 or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate
62 any law governing campaigns and elections. The mailing address that I designate for receiving
63 official election notices is ___________________________. I designate _______________ as
64 my vice presidential candidate.
65 ____________________________________________________________________
66 Subscribed and sworn before me this __________(month\day\year).
67 Notary Public (or other officer qualified to administer oath.)"
68 (c) A declaration of candidacy for a write-in candidate for vice president of the United
69 States shall be in substantially the same form as a declaration of candidacy described in
70 Subsection 20A-9-202(7).
71 (d) An agent described in Subsection (1)(a) or (b) may not sign the form described in
72 Subsection (2)(a) or (b).
73 (3) (a) The filing officer shall:
74 (i) read to the candidate the constitutional and statutory requirements for the office;
75 (ii) ask the candidate whether the candidate meets the requirements; and
76 (iii) if the declaration of candidacy is for a legislative office, inform the individual that
77 Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit
78 or trust, under authority of the United States or Utah, from being a member of the Legislature.
79 (b) If the candidate cannot meet the requirements of office, the filing officer may not
80 accept the write-in candidate's declaration of candidacy.
81 (4) (a) Except as provided in Subsection (4)(b), a write-in candidate is subject to
82 Subsection 20A-9-201(8).
83 (b) A write-in candidate for president of the United States is subject to Subsection
84 20A-9-201(8)(d) or 20A-9-803(1)(d), as applicable.
85 (5) [
86 governor shall certify to each county clerk the names of all write-in candidates who [
87 file a declaration of candidacy with the lieutenant governor.
88 (6) A candidate who has filed a declaration of candidacy may not, in the same year, file
89 a declaration of candidacy as a write-in candidate.
90 Section 2. Effective date.
91 This bill takes effect on May 1, 2024.