20A-9-503.  Certificate of nomination — Filing — Fees.

(1)  Except as provided in Subsection (1)(b), after the certificate of nomination has been certified, executed, and acknowledged by the county clerk, the candidate shall:

Terms Used In Utah Code 20A-9-503

  • 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
  • County office: means an elective office where the officeholder is selected by voters entirely within one county. See Utah Code 20A-9-101
  • Federal office: means an elective office for United States Senator and United States Representative. See Utah Code 20A-9-101
  • 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
  • Person: means :Utah Code 68-3-12.5
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. 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) 

    (i)  file the petition in person with the lieutenant governor, if the office the candidate seeks is a constitutional office or a federal office, or the county clerk, if the office the candidate seeks is a county office, during the declaration of candidacy filing period described in Section 20A-9-201.5; and

    (ii)  pay the filing fee; or

    (b)  not later than the close of normal office hours on June 15 of any odd-numbered year:

    (i)  file the petition in person with the municipal clerk, if the candidate seeks an office in a city or town, or the special district clerk, if the candidate seeks an office in a special district; and

    (ii)  pay the filing fee.

    (2) 

    (a)  The provisions of this Subsection (2) do not apply to an individual who files a declaration of candidacy for president of the United States.

    (b)  Subject to Subsections (4)(c) and 20A-9-502(2), an individual may designate an agent to file a declaration of candidacy with the appropriate 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; and

    (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.

    (3) 

    (a)  At the time of filing, and before accepting the petition, the filing officer shall read the constitutional and statutory requirements for candidacy to the candidate.

    (b)  If the candidate states that the candidate does not meet the requirements, the filing officer may not accept the petition.

    (4) 

    (a)  An individual filing a certificate of nomination for president or vice president of the United States under this section shall pay a filing fee of $500.

    (b)  Notwithstanding Subsection (1), an individual filing a certificate of nomination for president or vice president of the United States:

    (i)  may file the certificate of nomination during the declaration of candidacy filing period described in Section 20A-9-201.5; and

    (ii)  may use a designated agent to file the certificate of nomination.

    (c)  An agent designated under Subsection (2) or described in Subsection (4)(b)(ii) may not sign the certificate of nomination form.

    Amended by Chapter 15, 2023 General Session