Utah Code 20A-9-201. Declarations of candidacy — Candidacy for more than one office or of more than one political party prohibited with exceptions — General filing and form requirements — Affidavit of impecuniosity
20A-9-201. Declarations of candidacy — Candidacy for more than one office or of more than one political party prohibited with exceptions — General filing and form requirements — Affidavit of impecuniosity.
(1)
Before filing a declaration of candidacy for election to any office, an individual shall:
Terms Used In Utah Code 20A-9-201
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
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Constitutional office: means the state offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-9-101
Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
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
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
Resident: means a person who resides within a specific voting precinct in Utah. 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
if seeking a registered political party’s nomination as a candidate for elective office, state:
(i)
the registered political party of which the individual is a member; or
(ii)
that the individual is not a member of a registered political party.
(2)
(a)
Except as provided in Subsection (2)(b), an individual may not:
(i)
file a declaration of candidacy for, or be a candidate for, more than one office in Utah during any election year;
(ii)
appear on the ballot as the candidate of more than one political party; or
(iii)
file a declaration of candidacy for a registered political party of which the individual is not a member, except to the extent that the registered political party permits otherwise in the registered political party’s bylaws.
(b)
(i)
An individual may file a declaration of candidacy for, or be a candidate for, president or vice president of the United States and another office, if the individual resigns the individual’s candidacy for the other office after the individual is officially nominated for president or vice president of the United States.
(ii)
An individual may file a declaration of candidacy for, or be a candidate for, more than one justice court judge office.
(iii)
An individual may file a declaration of candidacy for lieutenant governor even if the individual filed a declaration of candidacy for another office in the same election year if the individual withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6) before filing the declaration of candidacy for lieutenant governor.
(3)
(a)
Except for a candidate for president or vice president of the United States, before the filing officer may accept any declaration of candidacy, the filing officer shall:
(i)
read to the individual the constitutional and statutory qualification requirements for the office that the individual is seeking;
(ii)
require the individual to state whether the individual meets the requirements described in Subsection (3)(a)(i);
(iii)
if the declaration of candidacy is for a county office, inform the individual that an individual who holds a county elected office may not, at the same time, hold a municipal elected office; and
(iv)
if the declaration of candidacy is for a legislative office, inform the individual that Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit or trust, under authority of the United States or Utah, from being a member of the Legislature.
(b)
Before accepting a declaration of candidacy for the office of county attorney, the county clerk shall ensure that the individual filing that declaration of candidacy is:
(i)
a United States citizen;
(ii)
an attorney licensed to practice law in the state who is an active member in good standing of the Utah State Bar;
(iii)
a registered voter in the county in which the individual is seeking office; and
(iv)
a current resident of the county in which the individual is seeking office and either has been a resident of that county for at least one year before the date of the election or was appointed and is currently serving as county attorney and became a resident of the county within 30 days after appointment to the office.
(c)
Before accepting a declaration of candidacy for the office of district attorney, the county clerk shall ensure that, as of the date of the election, the individual filing that declaration of candidacy is:
(i)
a United States citizen;
(ii)
an attorney licensed to practice law in the state who is an active member in good standing of the Utah State Bar;
(iii)
a registered voter in the prosecution district in which the individual is seeking office; and
(iv)
a current resident of the prosecution district in which the individual is seeking office and either will have been a resident of that prosecution district for at least one year before the date of the election or was appointed and is currently serving as district attorney and became a resident of the prosecution district within 30 days after receiving appointment to the office.
(d)
Before accepting a declaration of candidacy for the office of county sheriff, the county clerk shall ensure that the individual filing the declaration:
(i)
is a United States citizen;
(ii)
is a registered voter in the county in which the individual seeks office;
(iii)
(A)
has successfully met the standards and training requirements established for law enforcement officers under 2; or
(B)
has met the waiver requirements in Section 53-6-206;
(iv)
is qualified to be certified as a law enforcement officer, as defined in Section 53-13-103; and
(v)
before the date of the election, will have been a resident of the county in which the individual seeks office for at least one year.
(e)
Before accepting a declaration of candidacy for the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or State Board of Education member, the filing officer shall ensure that the individual filing the declaration of candidacy also makes the conflict of interest disclosure described in Section 20A-11-1603.
(4)
If an individual who files a declaration of candidacy does not meet the qualification requirements for the office the individual is seeking, the filing officer may not accept the individual’s declaration of candidacy.
(5)
If an individual who files a declaration of candidacy meets the requirements described in Subsection (3), the filing officer shall:
(a)
inform the individual that:
(i)
the individual’s name will appear on the ballot as the individual’s name is written on the individual’s declaration of candidacy;
(ii)
the individual may be required to comply with state or local campaign finance disclosure laws; and
(iii)
the individual is required to file a financial statement before the individual’s political convention under:
(A)
Section 20A-11-204 for a candidate for constitutional office;
(B)
Section 20A-11-303 for a candidate for the Legislature; or
(C)
local campaign finance disclosure laws, if applicable;
(b)
except for a presidential candidate, provide the individual with a copy of the current campaign financial disclosure laws for the office the individual is seeking and inform the individual that failure to comply will result in disqualification as a candidate and removal of the individual’s name from the ballot;
(c)
provide the individual with a copy of Section 20A-7-801 regarding the Statewide Electronic Voter Information Website Program and inform the individual of the submission deadline under Subsection 20A-7-801(4)(a);
(d)
provide the candidate with a copy of the pledge of fair campaign practices described under Section 20A-9-206 and inform the candidate that:
(i)
signing the pledge is voluntary; and
(ii)
signed pledges shall be filed with the filing officer;
(e)
accept the individual’s declaration of candidacy; and
(f)
if the individual has filed for a partisan office, provide a certified copy of the declaration of candidacy to the chair of the county or state political party of which the individual is a member.
(6)
If the candidate elects to sign the pledge of fair campaign practices, the filing officer shall:
(a)
accept the candidate’s pledge; and
(b)
if the candidate has filed for a partisan office, provide a certified copy of the candidate’s pledge to the chair of the county or state political party of which the candidate is a member.
(7)
(a)
Except for a candidate for president or vice president of the United States, the form of the declaration of candidacy shall:
(i)
be substantially as follows: “State of Utah, County of ____ I, ______________, declare my candidacy for the office of ____, seeking the nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns and elections; if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period; I will file all campaign financial disclosure reports as required by law; and I understand that failure to do so will result in my disqualification as a candidate for this office and removal of my name from the ballot. The mailing address that I designate for receiving official election notices is ___________________________. ____________________________________________________________________ Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath).”; and
