2006 Utah Code - 20A-9-203 — Declarations of candidacy -- Municipal general elections.

     20A-9-203.   Declarations of candidacy -- Municipal general elections.
     (1) (a) A person may become a candidate for any municipal office if the person is a registered voter and:
     (i) the person has resided within the municipality in which that person seeks to hold elective 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, the person has resided within the annexed territory or the municipality for 12 months.
     (b) In addition to the requirements of Subsection (1)(a), candidates for a municipal council position under the council-mayor or council-manager alternative forms of municipal government shall, if elected from districts, be residents of the council district from which they are elected.
     (c) In accordance with Utah Constitution Article IV, Section 6, any mentally incompetent person, any person convicted of a felony, or any person convicted of treason or a crime against the elective franchise may not hold office in this state until the right to hold elective office is restored under Section 20A-2-101.5.
     (2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to become a candidate for a municipal office shall file a declaration of candidacy in person with the city recorder or town clerk during office hours and not later than 5 p.m. between July 15 and August 15 of any odd numbered year and 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 persons registered 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 nominate candidates in the last municipal election as authorized by Subsection 20A-9-404(3) or used the process contained in this Subsection (2)(b) in the last municipal election or a town that used the convention system to nominate candidates in the last municipal election as authorized by Subsection 20A-9-404(3) or used the process contained in this Subsection (2)(b) in the last municipal election may, by ordinance, require, in lieu of the convention system, that candidates for municipal office file a nominating petition signed by a percentage of registered voters at the same time that the candidate files a declaration of candidacy.
     (iii) The ordinance shall specify the number of signatures that the candidate must obtain on the nominating petition in order to become a candidate for municipal office under this Subsection (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 filing a nomination petition with the city recorder or town clerk during office hours but not later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee, if one is required by municipal ordinance.
     (d) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
     (3) (a) Before the filing officer may accept any declaration of candidacy or nomination petition, the filing officer shall:
     (i) read to the prospective candidate or person filing the petition the constitutional and statutory 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 candidate meets those requirements.
     (b) If the prospective candidate does not meet the qualification requirements for the

office, 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, the filing officer shall:
     (i) provide the candidate with a copy of the pledge of fair campaign practices described under 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
     (ii) accept the declaration of candidacy or nomination petition.
     (d) If the candidate elects to sign the pledge of fair campaign practices, the filing officer shall:
     (i) accept the candidate's pledge; and
     (ii) if the candidate has filed for a partisan office, provide a certified copy of the candidate's pledge to the chair of the county or state political party of which the candidate is a member.
     (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 a registered voter; and that I am a candidate for the office of ____ (stating the term). I request that my name be printed upon the applicable official ballots. (Signed) _______________
     Subscribed and sworn to (or affirmed) before me by ____ on this __________(month\day\year).
     (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 have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not passed the ordinance authorized by Subsection (2)(b), any registered voter may be nominated for municipal office 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:

"NOMINATION PETITION
     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 of persons signing the petition and their addresses and telephone numbers.
     (6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized by Subsection (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 the same percentage of registered voters in the municipality as required by the ordinance passed under 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 is applicable)."
     (ii) The remainder of the petition shall contain lines and columns for the signatures of

persons signing the petition and their addresses and telephone numbers.
     (7) If the declaration of candidacy or nomination petition fails to state whether the nomination is for the two or four-year term, the clerk shall consider the nomination to be for the four-year term.
     (8) (a) The clerk shall verify with the county clerk that all candidates are registered voters.
     (b) Any candidate who is not registered to vote is disqualified and the clerk may not print the candidate's name on the ballot.
     (9) Immediately after expiration of the period for filing a declaration of candidacy, the clerk shall:
     (a) cause the names of the candidates as they will appear on the ballot to be published in at least two successive publications of a newspaper with general circulation in the municipality; and
     (b) notify the lieutenant governor of the names of the candidates as they will appear on the ballot.
     (10) (a) A declaration of candidacy or nomination petition filed under this section is valid unless 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 candidate immediately; 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 amending the declaration or petition within three days after the objection is sustained or by filing a new declaration 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 of its discretion, agrees to review the lower court decision.
     (11) Any person who filed a declaration of candidacy and was nominated, and any person who 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 226, 2006 General Session
Amended by Chapter 28, 2006 General Session