20A-9-203 - Declarations of candidacy -- Municipal general elections.
20A-9-203. Declarations of candidacy -- Municipal general elections.
(1) (a) (i) A person may become a candidate for any municipal office if:
(A) the person is a registered voter; and
(B) (I) the person has resided within the municipality in which that person seeks to holdelective office for the 12 consecutive months immediately before the date of the election; or
(II) if the territory in which the person resides was annexed into the municipality, theperson has resided within the annexed territory or the municipality the 12 consecutive monthsimmediately before the date of the election.
(ii) For purposes of determining whether a person meets the residency requirement ofSubsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before theelection, the municipality shall be considered to have been incorporated 12 months before thedate of the election.
(b) In addition to the requirements of Subsection (1)(a), each candidate for a municipalcouncil position shall, if elected from a district, be a resident of the council district from whichelected.
(c) In accordance with Utah Constitution Article IV, Section 6, any mentally incompetentperson, any person convicted of a felony, or any person convicted of treason or a crime againstthe elective franchise may not hold office in this state until the right to hold elective office isrestored under Section 20A-2-101.5.
(2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to becomea candidate for a municipal office shall:
(i) file a declaration of candidacy, in person with the city recorder or town clerk, duringoffice hours and not later than the close of normal office hours, between July 1 and July 15 ofany odd numbered year; and
(ii) pay the filing fee, if one is required by municipal ordinance.
(b) (i) As used in this Subsection (2)(b), "registered voters" means the number of personsregistered to vote in the municipality on the January 1 of the municipal election year.
(ii) A third, fourth, or fifth class city that used the convention system to nominatecandidates in the last municipal election as authorized by Subsection 20A-9-404(3) or used theprocess contained in this Subsection (2)(b) in the last municipal election or a town that used theconvention system to nominate candidates in the last municipal election as authorized bySubsection 20A-9-404(3) or used the process contained in this Subsection (2)(b) in the lastmunicipal election may, by ordinance, require, in lieu of the convention system, that candidatesfor municipal office file a nominating petition signed by a percentage of registered voters at thesame time that the candidate files a declaration of candidacy.
(iii) The ordinance shall specify the number of signatures that the candidate must obtainon the nominating petition in order to become a candidate for municipal office under thisSubsection (2), but that number may not exceed 5% of registered voters.
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
(i) filing a nomination petition with the city recorder or town clerk during office hours,but not later than the close of normal office hours, between July 1 and July 15 of anyodd-numbered year; and
(ii) paying the filing fee, if one is required by municipal ordinance.
(3) (a) Before the filing officer may accept any declaration of candidacy or nominationpetition, the filing officer shall:
(i) read to the prospective candidate or person filing the petition the constitutional andstatutory qualification requirements for the office that the candidate is seeking; and
(ii) require the candidate or person filing the petition to state whether or not the candidatemeets those requirements.
(b) If the prospective candidate does not meet the qualification requirements for theoffice, the filing officer may not accept the declaration of candidacy or nomination petition.
(c) If it appears that the prospective candidate meets the requirements of candidacy, thefiling officer shall:
(i) inform the candidate that the candidate's name will appear on the ballot as it is writtenon the declaration of candidacy;
(ii) provide the candidate with a copy of the current campaign financial disclosure lawsfor the office the candidate is seeking and inform the candidate that failure to comply will resultin disqualification as a candidate and removal of the candidate's name from the ballot;
(iii) provide the candidate with a copy of Section 20A-7-801 regarding the StatewideElectronic Voter Information Website Program and inform the candidate of the submissiondeadline under Subsection 20A-7-801(4)(a);
(iv) provide the candidate with a copy of the pledge of fair campaign practices describedunder Section 20A-9-206 and inform the candidate that:
(A) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer; and
(v) accept the declaration of candidacy or nomination petition.
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing officershall:
(i) accept the candidate's pledge; and
(ii) if the candidate has filed for a partisan office, provide a certified copy of thecandidate's pledge to the chair of the county or state political party of which the candidate is amember.
(4) The declaration of candidacy shall substantially comply with the following form:
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am aregistered voter; and that I am a candidate for the office of ____ (stating the term). I will meetthe legal qualifications required of candidates for this office. I will file all campaign financialdisclosure reports as required by law and I understand that failure to do so will result in mydisqualification as a candidate for this office and removal of my name from the ballot. I requestthat my name be printed upon the applicable official ballots. (Signed) _______________
Subscribed and sworn to (or affirmed) before me by ____ on this__________(monthdayyear).
(Signed) _______________ (Clerk or other officer qualified to administer oath)"
(5) (a) In all first and second class cities, and in third, fourth, or fifth class cities that havenot passed the ordinance authorized by Subsection (2)(b) and in towns that have not passed theordinance authorized by Subsection (2)(b), any registered voter may be nominated for municipaloffice by submitting a petition signed by:
(i) 25 residents of the municipality who are at least 18 years old; or
(ii) 20% of the residents of the municipality who are at least 18 years old.
(b) (i) The petition shall substantially conform to the following form:
The undersigned residents of (name of municipality) being 18 years old or older nominate(name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
(ii) The remainder of the petition shall contain lines and columns for the signatures ofpersons signing the petition and their addresses and telephone numbers.
(6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized bySubsection (2)(b), and in towns that have passed the ordinance authorized by Subsection (2)(b),any registered voter may be nominated for municipal office by submitting a petition signed by thesame percentage of registered voters in the municipality as required by the ordinance passedunder authority of Subsection (2)(b).
(b) (i) The petition shall substantially conform to the following form:
"NOMINATION PETITION
The undersigned residents of (name of municipality) being 18 years old or older nominate(name of nominee) to the office of (name of office) for the (two or four-year term, whichever isapplicable)."
(ii) The remainder of the petition shall contain lines and columns for the signatures ofpersons signing the petition and their addresses and telephone numbers.
(7) If the declaration of candidacy or nomination petition fails to state whether thenomination is for the two or four-year term, the clerk shall consider the nomination to be for thefour-year term.
(8) (a) The clerk shall verify with the county clerk that all candidates are registeredvoters.
(b) Any candidate who is not registered to vote is disqualified and the clerk may not printthe candidate's name on the ballot.
(9) Immediately after expiration of the period for filing a declaration of candidacy, theclerk shall:
(a) cause the names of the candidates as they will appear on the ballot to be published:
(i) in at least two successive publications of a newspaper with general circulation in themunicipality; and
(ii) as required in Section 45-1-101; and
(b) notify the lieutenant governor of the names of the candidates as they will appear onthe ballot.
(10) A declaration of candidacy or nomination petition filed under this section may notbe amended after the expiration of the period for filing a declaration of candidacy.
(11) (a) A declaration of candidacy or nomination petition filed under this section is validunless a written objection is filed with the clerk within five days after the last day for filing.
(b) If an objection is made, the clerk 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 sustains the objection, the candidate may correct the problem by amendingthe declaration or petition within three days after the objection is sustained or by filing a newdeclaration within three days after the objection is sustained.
(d) (i) The clerk's decision upon objections to form is final.
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
prompt application is made to the district 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.
(12) Any person who filed a declaration of candidacy and was nominated, and any personwho was nominated by a nomination petition, may, any time up to 23 days before the election,withdraw the nomination by filing a written affidavit with the clerk.
Amended by Chapter 197, 2010 General Session