Qualifying as a write-in candidate.

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  • (1)
    • (a) Except as provided in Subsection (1)(b), an individual who wishes to become a valid write-in candidate shall file a declaration of candidacy in person, or through a designated agent for a candidate for president or vice president of the United States, with the appropriate filing officer before 5 p.m. no later than 65 days before the regular general election or a municipal general election in which the individual intends to be a write-in candidate.
    • (b)
      • (i) The provisions of this Subsection (1)(b) do not apply to an individual who files a declaration of candidacy for president of the United States.
      • (ii) Subject to Subsection (2)(d), an individual may designate an agent to file a declaration of candidacy with the appropriate filing officer if:
        • (A) the individual is located outside of the state during the entire filing period;
        • (B) the designated agent appears in person before the filing officer; and
        • (C) the individual communicates with the filing officer using an electronic device that allows the individual and filing officer to see and hear each other.
  • (2)
    • (a) The form of the declaration of candidacy for a write-in candidate for all offices, except president or vice president of the United States, is substantially as follows:
      "State of Utah, County of ____
      I, ______________, declare my intention of becoming a candidate for the office of ____ for the ____ district (if applicable). I do solemnly swear that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate any law governing campaigns and elections; if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period; I will file all campaign financial disclosure reports as required by law; and I understand that failure to do so will result in my disqualification as a candidate for this office and rejection of any votes cast for me. The mailing address that I designate for receiving official election notices is ___________________________.
      ____________________________________________________________________
      Subscribed and sworn before me this __________(month\day\year).
      Notary Public (or other officer qualified to administer oath)."
    • (b) The form of the declaration of candidacy for a write-in candidate for president of the United States is substantially as follows:
      "State of Utah, County of ____
      I, ______________, declare my intention of becoming a candidate for the office of the president of the United States. I do solemnly swear that: I will meet the qualifications to hold the office, both legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____, State ____, Zip Code ____, Phone No. ____; I will not knowingly violate any law governing campaigns and elections. The mailing address that I designate for receiving official election notices is ___________________________. I designate _______________ as my vice presidential candidate.
      ____________________________________________________________________
      Subscribed and sworn before me this __________(month\day\year).
      Notary Public (or other officer qualified to administer oath.)"
    • (c) A declaration of candidacy for a write-in candidate for vice president of the United States shall be in substantially the same form as a declaration of candidacy described in Subsection 20A-9-202(7).
    • (d) An agent described in Subsection (1)(a) or (b) may not sign the form described in Subsection (2)(a) or (b).
  • (3)
    • (a) The filing officer shall:
      • (i) read to the candidate the constitutional and statutory requirements for the office;
      • (ii) ask the candidate whether the candidate meets the requirements; and
      • (iii) if the declaration of candidacy is for a legislative office, inform the individual that Utah Constitution, Article VI, Section 6, prohibits a person who holds a public office of profit or trust, under authority of the United States or Utah, from being a member of the Legislature.
    • (b) If the candidate cannot meet the requirements of office, the filing officer may not accept the write-in candidate's declaration of candidacy.
  • (4)
    • (a) Except as provided in Subsection (4)(b), a write-in candidate is subject to Subsection 20A-9-201(8).
    • (b) A write-in candidate for president of the United States is subject to Subsection 20A-9-201(8)(d) or 20A-9-803(1)(d), as applicable.
  • (5) By November 1 of each regular general election year, the lieutenant governor shall certify to each county clerk the names of all write-in candidates who filed their declaration of candidacy with the lieutenant governor.






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