20A-9-202 - Declarations of candidacy for regular general elections -- Requirements for candidates.
20A-9-202. Declarations of candidacy for regular general elections -- Requirementsfor candidates.
(1) (a) Each person seeking to become a candidate for elective office for any countyoffice that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the county clerk on or after the secondFriday in March and before 5 p.m. on the third Friday in March before the next regular generalelection; and
(ii) pay the filing fee.
(b) Each person intending to become a candidate for any legislative office or multicountyoffice that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with either the lieutenant governor or thecounty clerk in the candidate's county of residence on or after the second Friday in March andbefore 5 p.m. on the third Friday in March before the next regular general election; and
(ii) pay the filing fee.
(c) (i) Each county clerk who receives a declaration of candidacy from a candidate formulticounty office shall transmit the filing fee and a copy of the candidate's declaration ofcandidacy to the lieutenant governor within one working day after it is filed.
(ii) Each day during the filing period, each county clerk shall notify the lieutenantgovernor electronically or by telephone of legislative candidates who have filed in their office.
(d) Each person seeking to become a candidate for elective office for any federal officeor constitutional office that is to be filled at the next regular general election shall:
(i) file a declaration of candidacy in person with the lieutenant governor on or after thesecond Friday in March and before 5 p.m. on the third Friday in March before the next regulargeneral election; and
(ii) pay the filing fee.
(e) Each person 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 specificdeclaration of candidacy requirements established by this section.
(2) (a) Each person intending to become a candidate for the office of district attorneywithin a multicounty prosecution district that is to be filled at the next regular general electionshall:
(i) file a declaration of candidacy with the clerk designated in the interlocal agreementcreating the prosecution district on or after the second Friday in March and before 5 p.m. on thethird Friday in March before the next regular general election; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in theprosecution district a certified copy of each declaration of candidacy filed for the office of districtattorney.
(3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor; and
(ii) pay the filing fee.
(b) (i) Any candidate for lieutenant governor who fails to file within five working days isdisqualified.
(ii) If a lieutenant governor is disqualified, another candidate shall be nominated toreplace the disqualified candidate.
(4) Each registered political party shall:
(a) certify the names of its candidates for President and Vice President of the UnitedStates to the lieutenant governor no later than September 8; or
(b) provide written authorization for the lieutenant governor to accept the certification ofcandidates for President and Vice President of the United States from the national office of theregistered political party.
(5) (a) A declaration of candidacy filed under this section is valid unless a writtenobjection is filed with the clerk or lieutenant governor within five days after the last day forfiling.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidateimmediately; 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 theproblem by amending the declaration or petition within three days after the objection is sustainedor by filing a new declaration within three days after 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 reviewableby 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 ofits discretion, agrees to review the lower court decision.
(6) Any person who filed a declaration of candidacy may withdraw as a candidate byfiling a written affidavit with the clerk.
Amended by Chapter 119, 2009 General Session