Utah 2025 Regular Session

Utah Senate Bill SB0290 Compare Versions

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1-Enrolled Copy S.B. 290
1+03-07 20:25 3rd Sub. (Ivory) S.B. 290
2+Jordan D. Teuscher proposes the following substitute bill:
23 1
34 Candidate Licensing Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Stephanie Pitcher
78 House Sponsor: Jordan D. Teuscher
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
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1516 This bill codifies the requirements in the Utah Constitution for an individual seeking the
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1718 office of attorney general.
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1920 Highlighted Provisions:
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2122 This bill:
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2324 ▸ updates the statute to reflect the requirements in the Utah Constitution for the office of
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2526 attorney general; and
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2728 ▸ requires potential candidates for district attorney, county attorney, or attorney general to
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2930 submit certain information affirming that the potential candidate meets the constitutional
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3132 requirements for that office.
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3334 Money Appropriated in this Bill:
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3536 None
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3738 Other Special Clauses:
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3940 None
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4142 Utah Code Sections Affected:
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4344 AMENDS:
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4546 20A-9-201, as last amended by Laws of Utah 2024, Chapter 465
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4748
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4950 Be it enacted by the Legislature of the state of Utah:
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5152 Section 1. Section 20A-9-201 is amended to read:
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5354 20A-9-201 . Declarations of candidacy -- Candidacy for more than one office or
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5556 of more than one political party prohibited with exceptions -- General filing and form
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5758 requirements -- Affidavit of impecuniosity.
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5960 (1) Before filing a declaration of candidacy for election to any office, an individual shall:
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61-(a) be a United States citizen; S.B. 290 Enrolled Copy
62+(a) be a United States citizen;
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6364 (b) meet the legal requirements of that office; and
65+3rd Sub. S.B. 290 3rd Sub. (Ivory) S.B. 290 03-07 20:25
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6567 (c) if seeking a registered political party's nomination as a candidate for elective office,
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6769 state:
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6971 (i) the registered political party of which the individual is a member; or
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7173 (ii) that the individual is not a member of a registered political party.
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7375 (2)(a) Except as provided in Subsection (2)(b), an individual may not:
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7577 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
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7779 Utah during any election year;
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7981 (ii) appear on the ballot as the candidate of more than one political party; or
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8183 (iii) file a declaration of candidacy for a registered political party of which the
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8385 individual is not a member, except to the extent that the registered political party
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8587 permits otherwise in the registered political party's bylaws.
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8789 (b)(i) An individual may file a declaration of candidacy for, or be a candidate for,
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8991 president or vice president of the United States and another office, if the
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9193 individual resigns the individual's candidacy for the other office after the
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9395 individual is officially nominated for president or vice president of the United
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9597 States.
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9799 (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
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99101 than one justice court judge office.
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101103 (iii) An individual may file a declaration of candidacy for lieutenant governor even if
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103105 the individual filed a declaration of candidacy for another office in the same
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105107 election year if the individual withdraws as a candidate for the other office in
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107109 accordance with Subsection 20A-9-202(6) before filing the declaration of
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109111 candidacy for lieutenant governor.
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111113 (3)(a) Except for a candidate for president or vice president of the United States, before
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113115 the filing officer may accept any declaration of candidacy, the filing officer shall:
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115117 (i) read to the individual the constitutional and statutory qualification requirements
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117119 for the office that the individual is seeking;
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119121 (ii) require the individual to state whether the individual meets the requirements
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121123 described in Subsection (3)(a)(i);
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123125 (iii) if the declaration of candidacy is for a county office, inform the individual that
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125127 an individual who holds a county elected office may not, at the same time, hold a
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127129 municipal elected office; and
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129131 (iv) if the declaration of candidacy is for a legislative office, inform the individual
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132133 that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
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134136 public office of profit or trust, under authority of the United States or Utah, from
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136138 being a member of the Legislature.
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138140 (b)(i) Before accepting a declaration of candidacy for the office of county attorney,
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140142 the county clerk shall ensure that the individual filing that declaration of
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142144 candidacy is:
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144146 [(i)] (A) a United States citizen;
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146148 [(ii)] (B) an attorney licensed to practice law in the state who is an active member
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148150 in good standing of the Utah State Bar;
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150152 [(iii)] (C) a registered voter in the county in which the individual is seeking office;
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152154 and
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154156 [(iv)] (D) a current resident of the county in which the individual is seeking office
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156158 and either has been a resident of that county for at least one year before the
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158160 date of the election or was appointed and is currently serving as county
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160162 attorney and became a resident of the county within 30 days after appointment
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162164 to the office.
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164166 (ii) An individual filing a declaration of candidacy for the office of county attorney
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166168 shall submit with the individual's declaration:
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168170 (A) a letter from the Utah Supreme Court, affirming that the individual is an
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170172 attorney in good standing;
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172174 (B) proof of the individual's application with the Utah State Bar, with an affidavit
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174176 describing the status of the individual's application; or
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176178 (C) an affidavit describing how the individual intends to comply with the
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178180 requirements for office of county attorney described in Subsection (3)(b)(i),
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180182 prior to taking office.
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182184 (iii) In addition to the requirements described in Subsection (3)(b)(ii), an individual
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184186 shall also provide the filing officer with the individual's license number with:
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186188 (A) the Utah State Bar, if the individual is a member; or
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188190 (B) any other state bar association, if the individual is a member.
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190192 (c)(i) Before accepting a declaration of candidacy for the office of district attorney,
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192194 the county clerk shall ensure that, as of the date of the election, the individual
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194196 filing that declaration of candidacy is:
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196198 [(i)] (A) a United States citizen;
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198200 [(ii)] (B) an attorney licensed to practice law in the state who is an active member
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201202 in good standing of the Utah State Bar;
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203205 [(iii)] (C) a registered voter in the prosecution district in which the individual is
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205207 seeking office; and
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207209 [(iv)] (D) a current resident of the prosecution district in which the individual is
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209211 seeking office and either will have been a resident of that prosecution district
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211213 for at least one year before the date of the election or was appointed and is
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213215 currently serving as district attorney or county attorney and became a resident
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215217 of the prosecution district within 30 days after receiving appointment to the
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217219 office.
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219221 (ii) An individual filing a declaration of candidacy for the office of district attorney
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221223 shall submit with the individual's declaration:
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223225 (A) a letter from the Utah Supreme Court, affirming that the individual is an
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225227 attorney in good standing;
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227229 (B) proof of the individual's application with the Utah State Bar, with an affidavit
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229231 describing the status of the individual's application; or
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231233 (C) an affidavit describing how the individual intends to comply with the
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233235 requirements for office of district attorney described in Subsection (3)(c)(i),
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235237 prior to taking office.
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237239 (iii) In addition to the requirements described in Subsection (3)(c)(ii), an individual
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239241 shall also provide the filing officer with the individual's license number with:
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241243 (A) the Utah State Bar, if the individual is a member; or
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243245 (B) any other state bar association, if the individual is a member.
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245247 (d) Before accepting a declaration of candidacy for the office of county sheriff, the
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247249 county clerk shall ensure that the individual filing the declaration:
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249251 (i) is a United States citizen;
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251253 (ii) is a registered voter in the county in which the individual seeks office;
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253255 (iii)(A) has successfully met the standards and training requirements established
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255257 for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
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257259 Training and Certification Act; or
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259261 (B) has met the waiver requirements in Section 53-6-206;
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261263 (iv) is qualified to be certified as a law enforcement officer, as defined in Section
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263265 53-13-103; and
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265267 (v) before the date of the election, will have been a resident of the county in which
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267269 the individual seeks office for at least one year.
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270271 (e)(i) An individual filing a declaration of candidacy for the office of attorney general
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272274 shall submit with the individual's declaration:
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274276 (A) a letter from the Utah Supreme Court, affirming that the individual is an
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276278 attorney in good standing;
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278280 (B) proof of the individual's application with the Utah State Bar, with an affidavit
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280282 describing the status of the individual's application; or
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282284 (C) an affidavit describing how the individual intends to comply with the
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284286 requirements for office of attorney general, described in Article VII, Sec. 3,
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286288 Utah Constitution, prior to taking office.
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288290 (ii) In addition to the requirements described in Subsection (3)(e)(i), an individual
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290292 shall also provide the filing officer with the individual's license number with:
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292294 (A) the Utah State Bar, if the individual is a member; or
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294296 (B) any other state bar association, if the individual is a member.
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296298 (iii) An individual filing the declaration of candidacy for the office of attorney
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298300 general shall also make the conflict of interest disclosure described in Section
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300302 20A-11-1603.
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302304 [(e)] (f) Before accepting a declaration of candidacy for the office of governor, lieutenant
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304306 governor, state auditor, state treasurer, [attorney general, ]state legislator, or State
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306308 Board of Education member, the filing officer shall ensure that the individual filing
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308310 the declaration of candidacy also makes the conflict of interest disclosure described
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310312 in Section 20A-11-1603.
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312314 (4) If an individual who files a declaration of candidacy does not meet the qualification
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314316 requirements for the office the individual is seeking, the filing officer may not accept the
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316318 individual's declaration of candidacy.
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318320 (5) If an individual who files a declaration of candidacy meets the requirements described
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320322 in Subsection (3), the filing officer shall:
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322324 (a) inform the individual that:
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324326 (i) the individual's name will appear on the ballot as the individual's name is written
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326328 on the individual's declaration of candidacy;
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328330 (ii) the individual may be required to comply with state or local campaign finance
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330332 disclosure laws; and
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332334 (iii) the individual is required to file a financial statement before the individual's
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334336 political convention under:
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336338 (A) Section 20A-11-204 for a candidate for constitutional office;
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339340 (B) Section 20A-11-303 for a candidate for the Legislature; or
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341343 (C) local campaign finance disclosure laws, if applicable;
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343345 (b) except for a presidential candidate, provide the individual with a copy of the current
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345347 campaign financial disclosure laws for the office the individual is seeking and inform
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347349 the individual that failure to comply will result in disqualification as a candidate and
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349351 removal of the individual's name from the ballot;
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351353 (c)(i) provide the individual with a copy of Section 20A-7-801 regarding the
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353355 Statewide Electronic Voter Information Website Program and inform the
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355357 individual of the submission deadline under Subsection 20A-7-801(4)(a);
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357359 (ii) inform the individual that the individual must provide the filing officer with an
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359361 email address that the individual actively monitors:
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361363 (A) to receive a communication from a filing officer or an election officer; and
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363365 (B) if the individual wishes to display a candidate profile on the Statewide
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365367 Electronic Voter Information Website, to submit to the website the
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367-biographical and other information described in Subsection 20A-7-801(4)(a)(ii);
369+biographical and other information described in Subsection 20A-7-801
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371+(4)(a)(ii);
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369373 (iii) inform the individual that the email address described in Subsection (5)(c)(ii) is
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371375 not a record under Title 63G, Chapter 2, Government Records Access and
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373377 Management Act; and
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375379 (iv) obtain from the individual the email address described in Subsection (5)(c)(ii);
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377381 (d) provide the candidate with a copy of the pledge of fair campaign practices described
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379383 under Section 20A-9-206 and inform the candidate that:
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381385 (i) signing the pledge is voluntary; and
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383387 (ii) signed pledges shall be filed with the filing officer;
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385389 (e) accept the individual's declaration of candidacy; and
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387391 (f) if the individual has filed for a partisan office, provide a certified copy of the
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389393 declaration of candidacy to the chair of the county or state political party of which the
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391395 individual is a member.
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393397 (6) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
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395399 shall:
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397401 (a) accept the candidate's pledge; and
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399403 (b) if the candidate has filed for a partisan office, provide a certified copy of the
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401405 candidate's pledge to the chair of the county or state political party of which the
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403407 candidate is a member.
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405409 (7)(a) Except for a candidate for president or vice president of the United States, the
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408412 form of the declaration of candidacy shall:
409-200 (i) be substantially as follows:201
410- "State of Utah, County of ____202
411- I, ______________, declare my candidacy for the office of ____, seeking the203
412-nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet204
413-the qualifications to hold the office, both legally and constitutionally, if selected; I reside at205
414-_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not206
415-knowingly violate any law governing campaigns and elections; if filing via a designated agent,207
416-I will be out of the state of Utah during the entire candidate filing period; I will file all208
417-campaign financial disclosure reports as required by law; and I understand that failure to do so209
418-will result in my disqualification as a candidate for this office and removal of my name from210
419-the ballot. The mailing address that I designate for receiving official election notices is211
420-___________________________.212
421- ____________________________________________________________________213
422- Subscribed and sworn before me this __________(month\day\year).214
413+201 (i) be substantially as follows:202
414+ "State of Utah, County of ____203
415+ I, ______________, declare my candidacy for the office of ____, seeking the204
416+nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet205
417+the qualifications to hold the office, both legally and constitutionally, if selected; I reside at206
418+_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not207
419+knowingly violate any law governing campaigns and elections; if filing via a designated agent,208
420+I will be out of the state of Utah during the entire candidate filing period; I will file all209
421+campaign financial disclosure reports as required by law; and I understand that failure to do so210
422+will result in my disqualification as a candidate for this office and removal of my name from211
423+the ballot. The mailing address that I designate for receiving official election notices is212
424+___________________________.213
425+ ____________________________________________________________________214
426+ Subscribed and sworn before me this __________(month\day\year).215
423427 Notary Public (or other officer qualified to administer oath)."; and
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425429 (ii) require the candidate to state, in the sworn statement described in Subsection
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427431 (7)(a)(i):
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429433 (A) the registered political party of which the candidate is a member; or
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431435 (B) that the candidate is not a member of a registered political party.
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433437 (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
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435439 candidacy may not sign the form described in Subsection (7)(a) or Section
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437441 20A-9-408.5.
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439443 (8)(a) Except for a candidate for president or vice president of the United States, the fee
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441445 for filing a declaration of candidacy is:
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443447 (i) $50 for candidates for the local school district board; and
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445449 (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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447451 person holding the office for all other federal, state, and county offices.
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449453 (b) Except for presidential candidates, the filing officer shall refund the filing fee to any
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451455 candidate:
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453457 (i) who is disqualified; or
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455459 (ii) who the filing officer determines has filed improperly.
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457461 (c)(i) The county clerk shall immediately pay to the county treasurer all fees received
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459463 from candidates.
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462466 (ii) The lieutenant governor shall:
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464468 (A) apportion to and pay to the county treasurers of the various counties all fees
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466470 received for filing of nomination certificates or acceptances; and
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468472 (B) ensure that each county receives that proportion of the total amount paid to the
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470474 lieutenant governor from the congressional district that the total vote of that
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472476 county for all candidates for representative in Congress bears to the total vote
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474478 of all counties within the congressional district for all candidates for
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476480 representative in Congress.
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478482 (d)(i) A person who is unable to pay the filing fee may file a declaration of candidacy
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480484 without payment of the filing fee upon a prima facie showing of impecuniosity as
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482486 evidenced by an affidavit of impecuniosity filed with the filing officer and, if
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484488 requested by the filing officer, a financial statement filed at the time the affidavit
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486490 is submitted.
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488492 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
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490494 (iii)(A) False statements made on an affidavit of impecuniosity or a financial
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492496 statement filed under this section shall be subject to the criminal penalties
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494498 provided under Sections 76-8-503 and 76-8-504 and any other applicable
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496500 criminal provision.
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498502 (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
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500504 considered an offense under this title for the purposes of assessing the penalties
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502506 provided in Subsection 20A-1-609(2).
503-254 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
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507+255 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
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505509 the following form:
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507511 "Affidavit of Impecuniosity
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509513 Individual Name
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511515 ____________________________Address_____________________________
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513517 Phone Number _________________
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515519 I,__________________________(name), do solemnly [swear] [affirm], under penalty of
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517521 law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
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519523 by law.
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521525 Date ______________
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523527 Signature________________________________________________ Affiant
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525529 Subscribed and sworn to before me on ___________ (month\day\year)
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527531 ______________________
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530534 (signature)
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532536 Name and Title of Officer Authorized to Administer Oath ______________________".
533-269 (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a
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537+270 (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a
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535539 statement printed in substantially the following form, which may be included on the affidavit
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537541 of impecuniosity:
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539543 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
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541545 candidate who is found guilty of filing a false statement, in addition to being subject to
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543547 criminal penalties, will be removed from the ballot."
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545549 (vi) The filing officer may request that a person who makes a claim of impecuniosity
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547551 under this Subsection (8)(d) file a financial statement on a form prepared by the
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549553 election official.
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551555 (9) An individual who fails to file a declaration of candidacy or certificate of nomination
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553557 within the time provided in this chapter is ineligible for nomination to office.
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555559 (10) A declaration of candidacy filed under this section may not be amended or modified
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557561 after the final date established for filing a declaration of candidacy.
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559563 Section 2. Effective Date.
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561565 This bill takes effect on May 7, 2025.
562566 - 9 -