02-25 11:42 2nd Sub. (Salmon) S.B. 290
Stephanie Pitcher proposes the following substitute bill:
1
Candidate Licensing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill codifies the requirements in the Utah Constitution for an individual seeking the
6
office of attorney general.
7
Highlighted Provisions:
8
This bill:
9
▸ updates the statute to reflect the requirements in the Utah Constitution for the office of
10
attorney general; and
11
▸ requires potential candidates for district attorney, county attorney, or attorney general to
12
submit certain information affirming that the potential candidate meets the constitutional
13
requirements for that office.
14
Money Appropriated in this Bill:
15
None
16
Other Special Clauses:
17
None
18
Utah Code Sections Affected:
19
AMENDS:
20
20A-9-201, as last amended by Laws of Utah 2024, Chapter 465
21
22
Be it enacted by the Legislature of the state of Utah:
23
Section 1. Section 20A-9-201 is amended to read:
24
20A-9-201 . Declarations of candidacy -- Candidacy for more than one office or
25
of more than one political party prohibited with exceptions -- General filing and form
26
requirements -- Affidavit of impecuniosity.
27
(1) Before filing a declaration of candidacy for election to any office, an individual shall:
28
(a) be a United States citizen;
29
(b) meet the legal requirements of that office; and
2nd Sub. S.B. 290 2nd Sub. (Salmon) S.B. 290 02-25 11:42
30
(c) if seeking a registered political party's nomination as a candidate for elective office,
31
state:
32
(i) the registered political party of which the individual is a member; or
33
(ii) that the individual is not a member of a registered political party.
34
(2)(a) Except as provided in Subsection (2)(b), an individual may not:
35
(i) file a declaration of candidacy for, or be a candidate for, more than one office in
36
Utah during any election year;
37
(ii) appear on the ballot as the candidate of more than one political party; or
38
(iii) file a declaration of candidacy for a registered political party of which the
39
individual is not a member, except to the extent that the registered political party
40
permits otherwise in the registered political party's bylaws.
41
(b)(i) An individual may file a declaration of candidacy for, or be a candidate for,
42
president or vice president of the United States and another office, if the
43
individual resigns the individual's candidacy for the other office after the
44
individual is officially nominated for president or vice president of the United
45
States.
46
(ii) An individual may file a declaration of candidacy for, or be a candidate for, more
47
than one justice court judge office.
48
(iii) An individual may file a declaration of candidacy for lieutenant governor even if
49
the individual filed a declaration of candidacy for another office in the same
50
election year if the individual withdraws as a candidate for the other office in
51
accordance with Subsection 20A-9-202(6) before filing the declaration of
52
candidacy for lieutenant governor.
53
(3)(a) Except for a candidate for president or vice president of the United States, before
54
the filing officer may accept any declaration of candidacy, the filing officer shall:
55
(i) read to the individual the constitutional and statutory qualification requirements
56
for the office that the individual is seeking;
57
(ii) require the individual to state whether the individual meets the requirements
58
described in Subsection (3)(a)(i);
59
(iii) if the declaration of candidacy is for a county office, inform the individual that
60
an individual who holds a county elected office may not, at the same time, hold a
61
municipal elected office; and
62
(iv) if the declaration of candidacy is for a legislative office, inform the individual
63
that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
- 2 - 02-25 11:42 2nd Sub. (Salmon) S.B. 290
64
public office of profit or trust, under authority of the United States or Utah, from
65
being a member of the Legislature.
66
(b)(i) Before accepting a declaration of candidacy for the office of county attorney,
67
the county clerk shall ensure that the individual filing that declaration of
68
candidacy is:
69
[(i)] (A) a United States citizen;
70
[(ii)] (B) an attorney licensed to practice law in the state who is an active member
71
in good standing of the Utah State Bar;
72
[(iii)] (C) a registered voter in the county in which the individual is seeking office;
73
and
74
[(iv)] (D) a current resident of the county in which the individual is seeking office
75
and either has been a resident of that county for at least one year before the
76
date of the election or was appointed and is currently serving as county
77
attorney and became a resident of the county within 30 days after appointment
78
to the office.
79
(ii) An individual filing a declaration of candidacy for the office of county attorney
80
shall submit with the individual's declaration:
81
(A) a letter from the Utah Supreme Court, affirming that the individual is an
82
attorney in good standing;
83
(B) proof of the individual's application with the Utah State Bar, with an affidavit
84
describing the status of the individual's application; or
85
(C) an affidavit describing how the individual intends to comply with the
86
requirements for office of county attorney described in Subsection (3)(b)(i),
87
prior to taking office.
88
(iii) In addition to the requirements described in Subsection (3)(b)(ii), an individual
89
shall also provide the filing officer with the individual's license number with:
90
(A) the Utah State Bar, if the individual is a member; or
91
(B) any other state bar association, if the individual is a member.
92
(c)(i) Before accepting a declaration of candidacy for the office of district attorney,
93
the county clerk shall ensure that, as of the date of the election, the individual
94
filing that declaration of candidacy is:
95
[(i)] (A) a United States citizen;
96
[(ii)] (B) an attorney licensed to practice law in the state who is an active member
97
in good standing of the Utah State Bar;
- 3 - 2nd Sub. (Salmon) S.B. 290 02-25 11:42
98
[(iii)] (C) a registered voter in the prosecution district in which the individual is
99
seeking office; and
100
[(iv)] (D) a current resident of the prosecution district in which the individual is
101
seeking office and either will have been a resident of that prosecution district
102
for at least one year before the date of the election or was appointed and is
103
currently serving as district attorney or county attorney and became a resident
104
of the prosecution district within 30 days after receiving appointment to the
105
office.
106
(ii) An individual filing a declaration of candidacy for the office of district attorney
107
shall submit with the individual's declaration:
108
(A) a letter from the Utah Supreme Court, affirming that the individual is an
109
attorney in good standing;
110
(B) proof of the individual's application with the Utah State Bar, with an affidavit
111
describing the status of the individual's application; or
112
(C) an affidavit describing how the individual intends to comply with the
113
requirements for office of district attorney described in Subsection (3)(c)(i),
114
prior to taking office.
115
(iii) In addition to the requirements described in Subsection (3)(c)(ii), an individual
116
shall also provide the filing officer with the individual's license number with:
117
(A) the Utah State Bar, if the individual is a member; or
118
(B) any other state bar association, if the individual is a member.
119
(d) Before accepting a declaration of candidacy for the office of county sheriff, the
120
county clerk shall ensure that the individual filing the declaration:
121
(i) is a United States citizen;
122
(ii) is a registered voter in the county in which the individual seeks office;
123
(iii)(A) has successfully met the standards and training requirements established
124
for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
125
Training and Certification Act; or
126
(B) has met the waiver requirements in Section 53-6-206;
127
(iv) is qualified to be certified as a law enforcement officer, as defined in Section
128
53-13-103; and
129
(v) before the date of the election, will have been a resident of the county in which
130
the individual seeks office for at least one year.
131
(e)(i) Before accepting a declaration of candidacy for the office of attorney general,
- 4 - 02-25 11:42 2nd Sub. (Salmon) S.B. 290
132
the filing officer shall ensure that, as of the date of the election, the individual
133
filing that declaration of candidacy is:
134
(A) a United States citizen;
135
(B) an attorney licensed to practice law in the state who is an active member in
136
good standing of the Utah State Bar; and
137
(C) admitted to practice before the Utah Supreme Court.
138
(ii) An individual filing a declaration of candidacy for the office of attorney general
139
shall submit with the individual's declaration:
140
(A) a letter from the Utah Supreme Court, affirming that the individual is an
141
attorney in good standing;
142
(B) proof of the individual's application with the Utah State Bar, with an affidavit
143
describing the status of the individual's application; or
144
(C) an affidavit describing how the individual intends to comply with the
145
requirements for office of attorney general, described in Subsection (3)(e)(i),
146
prior to taking office.
147
(iii) In addition to the requirements described in Subsection (3)(e)(ii), an individual
148
shall also provide the filing officer with the individual's license number with:
149
(A) the Utah State Bar, if the individual is a member; or
150
(B) any other state bar association, if the individual is a member.
151
(iv) An individual filing the declaration of candidacy for the office of attorney
152
general shall also make the conflict of interest disclosure described in Section
153
20A-11-1603.
154
[(e)] (f) Before accepting a declaration of candidacy for the office of governor, lieutenant
155
governor, state auditor, state treasurer, [attorney general, ]state legislator, or State
156
Board of Education member, the filing officer shall ensure that the individual filing
157
the declaration of candidacy also makes the conflict of interest disclosure described
158
in Section 20A-11-1603.
159
(4) If an individual who files a declaration of candidacy does not meet the qualification
160
requirements for the office the individual is seeking, the filing officer may not accept the
161
individual's declaration of candidacy.
162
(5) If an individual who files a declaration of candidacy meets the requirements described
163
in Subsection (3), the filing officer shall:
164
(a) inform the individual that:
165
(i) the individual's name will appear on the ballot as the individual's name is written
- 5 - 2nd Sub. (Salmon) S.B. 290 02-25 11:42
166
on the individual's declaration of candidacy;
167
(ii) the individual may be required to comply with state or local campaign finance
168
disclosure laws; and
169
(iii) the individual is required to file a financial statement before the individual's
170
political convention under:
171
(A) Section 20A-11-204 for a candidate for constitutional office;
172
(B) Section 20A-11-303 for a candidate for the Legislature; or
173
(C) local campaign finance disclosure laws, if applicable;
174
(b) except for a presidential candidate, provide the individual with a copy of the current
175
campaign financial disclosure laws for the office the individual is seeking and inform
176
the individual that failure to comply will result in disqualification as a candidate and
177
removal of the individual's name from the ballot;
178
(c)(i) provide the individual with a copy of Section 20A-7-801 regarding the
179
Statewide Electronic Voter Information Website Program and inform the
180
individual of the submission deadline under Subsection 20A-7-801(4)(a);
181
(ii) inform the individual that the individual must provide the filing officer with an
182
email address that the individual actively monitors:
183
(A) to receive a communication from a filing officer or an election officer; and
184
(B) if the individual wishes to display a candidate profile on the Statewide
185
Electronic Voter Information Website, to submit to the website the
186
biographical and other information described in Subsection 20A-7-801
187
(4)(a)(ii);
188
(iii) inform the individual that the email address described in Subsection (5)(c)(ii) is
189
not a record under Title 63G, Chapter 2, Government Records Access and
190
Management Act; and
191
(iv) obtain from the individual the email address described in Subsection (5)(c)(ii);
192
(d) provide the candidate with a copy of the pledge of fair campaign practices described
193
under Section 20A-9-206 and inform the candidate that:
194
(i) signing the pledge is voluntary; and
195
(ii) signed pledges shall be filed with the filing officer;
196
(e) accept the individual's declaration of candidacy; and
197
(f) if the individual has filed for a partisan office, provide a certified copy of the
198
declaration of candidacy to the chair of the county or state political party of which the
199
individual is a member.
- 6 - 02-25 11:42 2nd Sub. (Salmon) S.B. 290
200
(6) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
201
shall:
202
(a) accept the candidate's pledge; and
203
(b) if the candidate has filed for a partisan office, provide a certified copy of the
204
candidate's pledge to the chair of the county or state political party of which the
205
candidate is a member.
206
(7)(a) Except for a candidate for president or vice president of the United States, the
207
form of the declaration of candidacy shall:
208 (i) be substantially as follows:
209
"State of Utah, County of ____
210
I, ______________, declare my candidacy for the office of ____, seeking the
211
nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
212
the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
213
_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
214
knowingly violate any law governing campaigns and elections; if filing via a designated agent,
215
I will be out of the state of Utah during the entire candidate filing period; I will file all
216
campaign financial disclosure reports as required by law; and I understand that failure to do so
217
will result in my disqualification as a candidate for this office and removal of my name from
218
the ballot. The mailing address that I designate for receiving official election notices is
219
___________________________.
220
____________________________________________________________________
221
Subscribed and sworn before me this __________(month\day\year).
222
Notary Public (or other officer qualified to administer oath)."; and
223
(ii) require the candidate to state, in the sworn statement described in Subsection
224
(7)(a)(i):
225
(A) the registered political party of which the candidate is a member; or
226
(B) that the candidate is not a member of a registered political party.
227
(b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
228
candidacy may not sign the form described in Subsection (7)(a) or Section
229
20A-9-408.5.
230
(8)(a) Except for a candidate for president or vice president of the United States, the fee
231
for filing a declaration of candidacy is:
232
(i) $50 for candidates for the local school district board; and
233
(ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
- 7 - 2nd Sub. (Salmon) S.B. 290 02-25 11:42
234
person holding the office for all other federal, state, and county offices.
235
(b) Except for presidential candidates, the filing officer shall refund the filing fee to any
236
candidate:
237
(i) who is disqualified; or
238
(ii) who the filing officer determines has filed improperly.
239
(c)(i) The county clerk shall immediately pay to the county treasurer all fees received
240
from candidates.
241
(ii) The lieutenant governor shall:
242
(A) apportion to and pay to the county treasurers of the various counties all fees
243
received for filing of nomination certificates or acceptances; and
244
(B) ensure that each county receives that proportion of the total amount paid to the
245
lieutenant governor from the congressional district that the total vote of that
246
county for all candidates for representative in Congress bears to the total vote
247
of all counties within the congressional district for all candidates for
248
representative in Congress.
249
(d)(i) A person who is unable to pay the filing fee may file a declaration of candidacy
250
without payment of the filing fee upon a prima facie showing of impecuniosity as
251
evidenced by an affidavit of impecuniosity filed with the filing officer and, if
252
requested by the filing officer, a financial statement filed at the time the affidavit
253
is submitted.
254
(ii) A person who is able to pay the filing fee may not claim impecuniosity.
255
(iii)(A) False statements made on an affidavit of impecuniosity or a financial
256
statement filed under this section shall be subject to the criminal penalties
257
provided under Sections 76-8-503 and 76-8-504 and any other applicable
258
criminal provision.
259
(B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
260
considered an offense under this title for the purposes of assessing the penalties
261
provided in Subsection 20A-1-609(2).
262 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
263
the following form:
264
"Affidavit of Impecuniosity
265
Individual Name
266
____________________________Address_____________________________
267
Phone Number _________________
- 8 - 02-25 11:42 2nd Sub. (Salmon) S.B. 290
268
I,__________________________(name), do solemnly [swear] [affirm], under penalty of
269
law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
270
by law.
271
Date ______________
272
Signature________________________________________________ Affiant
273
Subscribed and sworn to before me on ___________ (month\day\year)
274
______________________
275
(signature)
276
Name and Title of Officer Authorized to Administer Oath ______________________".
277 (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a
278
statement printed in substantially the following form, which may be included on the affidavit
279
of impecuniosity:
280
"Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
281
candidate who is found guilty of filing a false statement, in addition to being subject to
282
criminal penalties, will be removed from the ballot."
283
(vi) The filing officer may request that a person who makes a claim of impecuniosity
284
under this Subsection (8)(d) file a financial statement on a form prepared by the
285
election official.
286
(9) An individual who fails to file a declaration of candidacy or certificate of nomination
287
within the time provided in this chapter is ineligible for nomination to office.
288
(10) A declaration of candidacy filed under this section may not be amended or modified
289
after the final date established for filing a declaration of candidacy.
290
Section 2. Effective Date.
291
This bill takes effect on May 7, 2025.
- 9 -