20A-9-202. Declarations of candidacy for regular general elections.
(1)
Terms Used In Utah Code 20A-9-202
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Filing officer: means :
(a)
the lieutenant governor, for:
(i)
the office of United States Senator and United States Representative; and
(ii)
all constitutional offices;
(b)
for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
(c)
the county clerk, for county offices and local school district offices;
(d)
the county clerk in the filer's county of residence, for multicounty offices;
(e)
the city or town clerk, for municipal offices; or
(f)
the special district clerk, for special district offices. See Utah Code 20A-9-101
Multicounty office: means an elective office where the officeholder is selected by the voters from more than one county. See Utah Code 20A-9-101
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
An individual seeking to become a candidate for an elective office that is to be filled at the next regular general election shall:
(i)
except as provided in Subsection (1)(c), file a declaration of candidacy in person with the filing officer on or after January 1 of the regular general election year, and, if applicable, before the individual circulates nomination petitions under Section 20A-9-405; and
(ii)
pay the filing fee.
(b)
Unless expressly provided otherwise in this title, for a registered political party that is not a qualified political party, the deadline for filing a declaration of candidacy for an elective office that is to be filled at the next regular general election is 5 p.m. on the first Monday after the fourth Saturday in April.
(c)
Subject to Subsection 20A-9-201(7)(b), an individual may designate an agent to file a declaration of candidacy with the filing officer if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the filing officer;
(iii)
the individual communicates with the filing officer using an electronic device that allows the individual and filing officer to see and hear each other; and
(iv)
the individual provides the filing officer with an email address to which the filing officer may send the individual the copies described in Subsection 20A-9-201(5).
(d)
Each county clerk who receives a declaration of candidacy from a candidate for multicounty office shall transmit the filing fee and a copy of the candidate’s declaration of candidacy to the lieutenant governor within one business day after the candidate files the declaration of candidacy.
(e)
Each day during the filing period, each county clerk shall notify the lieutenant governor electronically or by telephone of candidates who have filed a declaration of candidacy with the county clerk.
(f)
Each individual seeking the office of lieutenant governor, the office of district attorney, or the office of president or vice president of the United States shall comply with the specific declaration of candidacy requirements established by this section.
(2)
(a)
Each individual intending to become a candidate for the office of district attorney within a multicounty prosecution district that is to be filled at the next regular general election shall:
(i)
file a declaration of candidacy with the clerk designated in the interlocal agreement creating the prosecution district on or after January 1 of the regular general election year, and before the individual circulates nomination petitions under Section 20A-9-405; and
(ii)
pay the filing fee.
(b)
The designated clerk shall provide to the county clerk of each county in the prosecution district a certified copy of each declaration of candidacy filed for the office of district attorney.
(3)
(a)
Before the deadline described in Subsection (1)(b), each lieutenant governor candidate shall:
(i)
file a declaration of candidacy with the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from a candidate for governor who has received certification for the primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate as a joint-ticket running mate.
(b)
(i)
A candidate for lieutenant governor who fails to timely file is disqualified.
(ii)
If a candidate for lieutenant governor is disqualified, another candidate may file to replace the disqualified candidate.
(4)
Before 5 p.m. no later than August 31, each registered political party shall:
(a)
certify the names of the political party’s candidates for president and vice president of the United States to the lieutenant governor; or
(b)
provide written authorization for the lieutenant governor to accept the certification of candidates for president and vice president of the United States from the national office of the registered political party.
(5)
(a)
A declaration of candidacy filed under this section is valid unless a written objection is filed with the clerk or lieutenant governor before 5 p.m. on the last business day that is at least 10 days before the deadline described in Subsection 20A-9-409(4)(c).
(b)
If an objection is made, the clerk or lieutenant governor shall:
(i)
mail or personally deliver notice of the objection to the affected candidate immediately; and
(ii)
decide any objection within 48 hours after it is filed.
(c)
If the clerk or lieutenant governor sustains the objection, the candidate may cure the problem by amending the declaration or petition before 5 p.m. within three days after the day on which the objection is sustained or by filing a new declaration before 5 p.m. within three days after the day on which the objection is sustained.
(d)
(i)
The clerk’s or lieutenant governor’s decision upon objections to form is final.
(ii)
The clerk’s or lieutenant governor’s decision upon substantive matters is reviewable by a district court if prompt application is made to the court.
(iii)
The decision of the district court is final unless the Supreme Court, in the exercise of its discretion, agrees to review the lower court decision.
(6)
Any person who filed a declaration of candidacy may withdraw as a candidate by filing a written affidavit with the clerk.
(7)
(a)
Except for a candidate who is certified by a registered political party under Subsection (4), and except as provided in Section 20A-9-504, before 5 p.m. no later than August 31 of a general election year, each individual running as a candidate for vice president of the United States shall:
(i)
file a declaration of candidacy, in person or via a designated agent, on a form developed by the lieutenant governor, that:
(A)
contains the individual’s name, address, and telephone number;
(B)
states that the individual meets the qualifications for the office of vice president of the United States;
(C)
names the presidential candidate, who has qualified for the general election ballot, with which the individual is running as a joint-ticket running mate;
(D)
states that the individual agrees to be the running mate of the presidential candidate described in Subsection (7)(a)(i)(C); and
(E)
contains any other necessary information identified by the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from the presidential candidate described in Subsection (7)(a)(i)(C) that names the individual as a joint-ticket running mate as a vice presidential candidate.
(b)
A designated agent described in Subsection (7)(a)(i) may not sign the declaration of candidacy.
(c)
A vice presidential candidate who fails to meet the requirements described in this Subsection (7) may not appear on the general election ballot.
(8)
An individual filing a declaration of candidacy for president or vice president of the United States shall pay a filing fee of $500.
