02-24 07:46 1st Sub. (Green) S.B. 290
Stephanie Pitcher proposes the following substitute bill:
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Candidate Licensing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor:
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LONG TITLE
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General Description:
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This bill codifies the requirements in the Utah Constitution for an individual seeking the
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office of attorney general.
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Highlighted Provisions:
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This bill:
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▸ updates the statute to reflect the requirements in the Utah Constitution for the office of
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attorney general; and
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▸ requires potential candidates for district attorney or attorney general to submit certain
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information affirming that the potential candidate meets the constitutional requirements
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for that office.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-9-201, as last amended by Laws of Utah 2024, Chapter 465
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-9-201 is amended to read:
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20A-9-201 . Declarations of candidacy -- Candidacy for more than one office or
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of more than one political party prohibited with exceptions -- General filing and form
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requirements -- Affidavit of impecuniosity.
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(1) Before filing a declaration of candidacy for election to any office, an individual shall:
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(a) be a United States citizen;
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(b) meet the legal requirements of that office; and
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(c) if seeking a registered political party's nomination as a candidate for elective office,
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state:
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(i) the registered political party of which the individual is a member; or
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(ii) that the individual is not a member of a registered political party.
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(2)(a) Except as provided in Subsection (2)(b), an individual may not:
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(i) file a declaration of candidacy for, or be a candidate for, more than one office in
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Utah during any election year;
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(ii) appear on the ballot as the candidate of more than one political party; or
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(iii) file a declaration of candidacy for a registered political party of which the
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individual is not a member, except to the extent that the registered political party
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permits otherwise in the registered political party's bylaws.
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(b)(i) An individual may file a declaration of candidacy for, or be a candidate for,
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president or vice president of the United States and another office, if the
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individual resigns the individual's candidacy for the other office after the
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individual is officially nominated for president or vice president of the United
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States.
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(ii) An individual may file a declaration of candidacy for, or be a candidate for, more
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than one justice court judge office.
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(iii) An individual may file a declaration of candidacy for lieutenant governor even if
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the individual filed a declaration of candidacy for another office in the same
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election year if the individual withdraws as a candidate for the other office in
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accordance with Subsection 20A-9-202(6) before filing the declaration of
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candidacy for lieutenant governor.
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(3)(a) Except for a candidate for president or vice president of the United States, before
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the filing officer may accept any declaration of candidacy, the filing officer shall:
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(i) read to the individual the constitutional and statutory qualification requirements
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for the office that the individual is seeking;
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(ii) require the individual to state whether the individual meets the requirements
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described in Subsection (3)(a)(i);
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(iii) if the declaration of candidacy is for a county office, inform the individual that
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an individual who holds a county elected office may not, at the same time, hold a
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municipal elected office; and
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(iv) if the declaration of candidacy is for a legislative office, inform the individual
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that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
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public office of profit or trust, under authority of the United States or Utah, from
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being a member of the Legislature.
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(b) Before accepting a declaration of candidacy for the office of county attorney, the
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county clerk shall ensure that the individual filing that declaration of candidacy is:
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(i) a United States citizen;
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(ii) an attorney licensed to practice law in the state who is an active member in good
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standing of the Utah State Bar;
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(iii) a registered voter in the county in which the individual is seeking office; and
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(iv) a current resident of the county in which the individual is seeking office and
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either has been a resident of that county for at least one year before the date of the
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election or was appointed and is currently serving as county attorney and became
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a resident of the county within 30 days after appointment to the office.
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(c)(i) Before accepting a declaration of candidacy for the office of district attorney,
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the county clerk shall ensure that, as of the date of the election, the individual
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filing that declaration of candidacy is:
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[(i)] (A) a United States citizen;
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[(ii)] (B) an attorney licensed to practice law in the state who is an active member
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in good standing of the Utah State Bar;
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[(iii)] (C) a registered voter in the prosecution district in which the individual is
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seeking office; and
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[(iv)] (D) a current resident of the prosecution district in which the individual is
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seeking office and either will have been a resident of that prosecution district
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for at least one year before the date of the election or was appointed and is
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currently serving as district attorney and became a resident of the prosecution
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district within 30 days after receiving appointment to the office.
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(ii) An individual filing a declaration of candidacy for the office of district attorney
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shall submit with the individual's declaration:
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(A) a letter from the Utah Supreme Court, affirming that the individual is an
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attorney in good standing;
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(B) proof of the individual's application with the Utah State Bar, with an affidavit
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describing the status of the individual's application; or
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(C) an affidavit describing how the individual intends to comply with the
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requirements for office of district attorney, described in Subsection (3)(c)(i),
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prior to taking office.
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(iii) In addition to the requirements described in Subsection (3)(c)(ii), an individual
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shall also provide the county clerk with the individual's license number with:
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(A) the Utah State Bar, if the individual is a member; or
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(B) any other state bar association, if the individual is a member.
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(d) Before accepting a declaration of candidacy for the office of county sheriff, the
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county clerk shall ensure that the individual filing the declaration:
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(i) is a United States citizen;
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(ii) is a registered voter in the county in which the individual seeks office;
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(iii)(A) has successfully met the standards and training requirements established
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for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
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Training and Certification Act; or
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(B) has met the waiver requirements in Section 53-6-206;
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(iv) is qualified to be certified as a law enforcement officer, as defined in Section
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53-13-103; and
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(v) before the date of the election, will have been a resident of the county in which
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the individual seeks office for at least one year.
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(e)(i) Before accepting a declaration of candidacy for the office of attorney general,
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the filing officer shall ensure that, as of the date of the election, the individual
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filing that declaration of candidacy is:
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(A) a United States citizen;
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(B) an attorney licensed to practice law in the state;
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(C) admitted to practice before the Supreme Court of the State of Utah; and
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(D) an active member in good standing with the Utah State Bar.
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(ii) An individual filing a declaration of candidacy for the office of attorney general
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shall submit with the individual's declaration:
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(A) a letter from the Utah Supreme Court, affirming that the individual is an
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attorney in good standing;
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(B) proof of the individual's application with the Utah State Bar, with an affidavit
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describing the status of the individual's application; or
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(C) an affidavit describing how the individual intends to comply with the
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requirements for office of attorney general, described in Subsection (3)(e)(i),
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prior to taking office.
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(iii) In addition to the requirements described in Subsection (3)(e)(ii), an individual
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shall also provide the county clerk with the individual's license number with:
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(A) the Utah State Bar, if the individual is a member; or
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(B) any other state bar association, if the individual is a member.
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(iv) The filing officer shall ensure that the individual filing the declaration of
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candidacy for the office of attorney general also makes the conflict of interest
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disclosure described in Section 20A-11-1603.
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[(e)] (f) Before accepting a declaration of candidacy for the office of governor, lieutenant
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governor, state auditor, state treasurer, [attorney general, ]state legislator, or State
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Board of Education member, the filing officer shall ensure that the individual filing
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the declaration of candidacy also makes the conflict of interest disclosure described
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in Section 20A-11-1603.
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(4) If an individual who files a declaration of candidacy does not meet the qualification
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requirements for the office the individual is seeking, the filing officer may not accept the
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individual's declaration of candidacy.
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(5) If an individual who files a declaration of candidacy meets the requirements described
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in Subsection (3), the filing officer shall:
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(a) inform the individual that:
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(i) the individual's name will appear on the ballot as the individual's name is written
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on the individual's declaration of candidacy;
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(ii) the individual may be required to comply with state or local campaign finance
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disclosure laws; and
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(iii) the individual is required to file a financial statement before the individual's
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political convention under:
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(A) Section 20A-11-204 for a candidate for constitutional office;
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(B) Section 20A-11-303 for a candidate for the Legislature; or
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(C) local campaign finance disclosure laws, if applicable;
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(b) except for a presidential candidate, provide the individual with a copy of the current
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campaign financial disclosure laws for the office the individual is seeking and inform
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the individual that failure to comply will result in disqualification as a candidate and
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removal of the individual's name from the ballot;
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(c)(i) provide the individual with a copy of Section 20A-7-801 regarding the
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Statewide Electronic Voter Information Website Program and inform the
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individual of the submission deadline under Subsection 20A-7-801(4)(a);
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(ii) inform the individual that the individual must provide the filing officer with an
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email address that the individual actively monitors:
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(A) to receive a communication from a filing officer or an election officer; and
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(B) if the individual wishes to display a candidate profile on the Statewide
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Electronic Voter Information Website, to submit to the website the
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biographical and other information described in Subsection 20A-7-801(4)(a)(ii);
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(iii) inform the individual that the email address described in Subsection (5)(c)(ii) is
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not a record under Title 63G, Chapter 2, Government Records Access and
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Management Act; and
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(iv) obtain from the individual the email address described in Subsection (5)(c)(ii);
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(d) provide the candidate with a copy of the pledge of fair campaign practices described
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under Section 20A-9-206 and inform the candidate that:
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(i) signing the pledge is voluntary; and
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(ii) signed pledges shall be filed with the filing officer;
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(e) accept the individual's declaration of candidacy; and
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(f) if the individual has filed for a partisan office, provide a certified copy of the
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declaration of candidacy to the chair of the county or state political party of which the
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individual is a member.
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(6) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
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shall:
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(a) accept the candidate's pledge; and
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(b) if the candidate has filed for a partisan office, provide a certified copy of the
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candidate's pledge to the chair of the county or state political party of which the
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candidate is a member.
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(7)(a) Except for a candidate for president or vice president of the United States, the
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form of the declaration of candidacy shall:
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"State of Utah, County of ____
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I, ______________, declare my candidacy for the office of ____, seeking the
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nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
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the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
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_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
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knowingly violate any law governing campaigns and elections; if filing via a designated agent,
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I will be out of the state of Utah during the entire candidate filing period; I will file all
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campaign financial disclosure reports as required by law; and I understand that failure to do so
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will result in my disqualification as a candidate for this office and removal of my name from
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the ballot. The mailing address that I designate for receiving official election notices is
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___________________________.
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____________________________________________________________________
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Subscribed and sworn before me this __________(month\day\year).
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Notary Public (or other officer qualified to administer oath)."; and
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(ii) require the candidate to state, in the sworn statement described in Subsection
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(7)(a)(i):
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(A) the registered political party of which the candidate is a member; or
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(B) that the candidate is not a member of a registered political party.
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(b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
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candidacy may not sign the form described in Subsection (7)(a) or Section
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20A-9-408.5.
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(8)(a) Except for a candidate for president or vice president of the United States, the fee
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for filing a declaration of candidacy is:
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(i) $50 for candidates for the local school district board; and
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(ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
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person holding the office for all other federal, state, and county offices.
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(b) Except for presidential candidates, the filing officer shall refund the filing fee to any
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candidate:
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(i) who is disqualified; or
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(ii) who the filing officer determines has filed improperly.
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(c)(i) The county clerk shall immediately pay to the county treasurer all fees received
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from candidates.
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(ii) The lieutenant governor shall:
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(A) apportion to and pay to the county treasurers of the various counties all fees
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received for filing of nomination certificates or acceptances; and
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(B) ensure that each county receives that proportion of the total amount paid to the
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lieutenant governor from the congressional district that the total vote of that
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county for all candidates for representative in Congress bears to the total vote
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of all counties within the congressional district for all candidates for
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representative in Congress.
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(d)(i) A person who is unable to pay the filing fee may file a declaration of candidacy
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without payment of the filing fee upon a prima facie showing of impecuniosity as
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evidenced by an affidavit of impecuniosity filed with the filing officer and, if
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requested by the filing officer, a financial statement filed at the time the affidavit
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is submitted.
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(ii) A person who is able to pay the filing fee may not claim impecuniosity.
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(iii)(A) False statements made on an affidavit of impecuniosity or a financial
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statement filed under this section shall be subject to the criminal penalties
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provided under Sections 76-8-503 and 76-8-504 and any other applicable
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criminal provision.
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(B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
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considered an offense under this title for the purposes of assessing the penalties
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provided in Subsection 20A-1-609(2).
244 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
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the following form:
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"Affidavit of Impecuniosity
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Individual Name
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____________________________Address_____________________________
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Phone Number _________________
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I,__________________________(name), do solemnly [swear] [affirm], under penalty of
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law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
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by law.
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Date ______________
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Signature________________________________________________ Affiant
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Subscribed and sworn to before me on ___________ (month\day\year)
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______________________
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(signature)
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Name and Title of Officer Authorized to Administer Oath ______________________".
259 (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a
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statement printed in substantially the following form, which may be included on the affidavit
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of impecuniosity:
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"Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
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candidate who is found guilty of filing a false statement, in addition to being subject to
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criminal penalties, will be removed from the ballot."
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(vi) The filing officer may request that a person who makes a claim of impecuniosity
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under this Subsection (8)(d) file a financial statement on a form prepared by the
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election official.
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(9) An individual who fails to file a declaration of candidacy or certificate of nomination
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within the time provided in this chapter is ineligible for nomination to office.
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(10) A declaration of candidacy filed under this section may not be amended or modified
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after the final date established for filing a declaration of candidacy.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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