Utah SB 209: Election Provisions

Bill Text

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LEGISLATIVE GENERAL COUNSEL
6  Approved for Filing: T.R. Vaughn  6
6    02-07-24 8:15 AM    6
S.B. 209
1ELECTION PROVISIONS
22024 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor:  Daniel McCay
5House Sponsor:  ____________
6 
7LONG TITLE
8General Description:
9This bill amends provisions relating to a write-in candidate.
10Highlighted Provisions:
11This bill:
12<prohibits a candidate who has filed a declaration of candidacy from, in the same
13year, filing a declaration of candidacy as a write-in candidate; and
14<makes technical changes.
15Money Appropriated in this Bill:
16None
17Other Special Clauses:
18None
19Utah Code Sections Affected:
20AMENDS:
2120A-9-601, as last amended by Laws of Utah 2019, Chapters 142, 255 and 279
22 
23Be it enacted by the Legislature of the state of Utah:
24Section 1.  Section 20A-9-601 is amended to read:
2520A-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
27valid write-in candidate shall file a declaration of candidacy in person, or through a designated
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28agent for a candidate for president or vice president of the United States, with the appropriate
29filing officer before 5 p.m. no later than 65 days before the regular general election or a
30municipal 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
32declaration of candidacy for president of the United States.
33(ii)  Subject to Subsection (2)(d), an individual may designate an agent to file a
34declaration 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
38allows 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,
40except president or vice president of the United States, is substantially as follows:
41"State of Utah, County of ____
42I, ______________, 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
44qualifications 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
46not knowingly violate any law governing campaigns and elections; if filing via a designated
47agent, I will be out of the state of Utah during the entire candidate filing period; I will file all
48campaign financial disclosure reports as required by law; and I understand that failure to do so
49will result in my disqualification as a candidate for this office and rejection of any votes cast
50for me.  The mailing address that I designate for receiving official election notices is
51___________________________.
52____________________________________________________________________
53Subscribed and sworn before me this __________(month\day\year).
54Notary 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
56the United States is substantially as follows:
57"State of Utah, County of ____
58I, ______________, declare my intention of becoming a candidate for the office of the

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59president of the United States.  I do solemnly swear that: I will meet the qualifications to hold
60the office, both legally and constitutionally, if selected; I reside at _____________ in the City
61or Town of ____, State ____, Zip Code ____, Phone No.  ____; I will not knowingly violate
62any law governing campaigns and elections.  The mailing address that I designate for receiving
63official election notices is ___________________________.  I designate _______________ as
64my vice presidential candidate.
65____________________________________________________________________
66Subscribed and sworn before me this __________(month\day\year).
67Notary 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
69States shall be in substantially the same form as a declaration of candidacy described in
70Subsection 20A-9-202(7).
71(d)  An agent described in Subsection (1)(a) or (b) may not sign the form described in
72Subsection (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
77U