(1)
[Except as provided in subsection (7), a]
A
person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. Except for a candidate under
13-38-201
(4)
or a candidate covered under
7-1-205
, a candidate may not file for more than one public office. The declaration of intent must be filed with the secretary of state or election administrator, depending on where a declaration of nomination for the desired office is required to be filed under
13-10-201
, or with the school district clerk for a school district office. When a county election administrator is conducting the election for a school district, the school district clerk or school district office that receives the declaration of intent shall notify the county election administrator of the filing. Except as provided in
13-1-403
,
13-1-503
,
20-3-305
(3)(b)
, and subsection (2) of this section, the declaration must be filed no later than 5 p.m. on the 10th day before the earliest date established under
13-13-205
on which a ballot must be available and must contain:
(a)
the candidate's name, including:
(i)
the candidate's first and last names;
(ii)
the candidate's initials, if any, used instead of a first name, or first and middle name, and the candidate's last name;
(iii)
the candidate's nickname, if any, used instead of a first name, and the candidate's last name; and
(iv)
a derivative or diminutive name, if any, used instead of a first name, and the candidate's last name;
(b)
the candidate's mailing address;
(c)
a statement declaring the candidate's intention to be a write-in candidate;
(d)
the title of the office sought;
(e)
the date of the election;
(f)
the date of the declaration; and
(g)
the candidate's signature.
(2)
A declaration of intent may be filed after the deadline provided for in subsection (1) but no later than 5 p.m. on the day before the election if, after the deadline prescribed in subsection (1), a candidate for the office that the write-in candidate is seeking dies or is charged with a felony offense and if the election has not been canceled as provided by law.
(3)
The secretary of state shall notify each election administrator of the names of write-in candidates who have filed a declaration of intent with the secretary of state. Each election administrator shall notify the election judges in the county or district of the names of write-in candidates who have filed a declaration of intent.
(4)
A properly completed and signed declaration of intent may be provided to the election administrator or secretary of state:
(a)
by facsimile transmission;
(b)
in person;
(c)
by mail; or
(d)
by electronic mail.
(5)
A declaration is not valid until the filing fee required pursuant to
13-10-202
is received by the secretary of state or the election administrator.
(6)
A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.
[(7) Except as provided in
13-38-201
(4)(b)
, the requirements in subsection (1) do not apply if:]
[(a) an election is held;]
[(b) a person's name is written in on the ballot;]
[(c) the person is qualified for and seeks election to the office for which the person's name was written in; and]
[(d) no other candidate has filed a declaration or petition for nomination or a declaration of intent.]
History
Amended by
Laws
2023
, Ch.
206
,
Sec.
2
, eff.
4/20/2023
.
Amended by
Laws
2019
, Ch.
141
,
Sec.
3
, eff.
4/17/2019
.
Amended by
Laws
2017
, Ch.
242
,
Sec.
12
, eff.
5/3/2017
.
Amended by
Laws
2015
, Ch.
420
,
Sec.
2
, eff.
10/1/2015
.
Amended by
Laws
2015
, Ch.
49
,
Sec.
178
, eff.
11/4/2015
.
Amended by
Laws
2013
, Ch.
336
,
Sec.
16
, eff.
1/1/2014
.
En. Sec. 1, Ch. 391, L. 1989; amd. Sec. 1, Ch. 143, L. 1995; amd. Sec. 2, Ch. 40, L. 1999; amd. Sec. 1, Ch. 129, L. 1999; amd. Sec. 1, Ch. 15, L. 2001; amd. Sec. 16, Ch. 414, L. 2003; amd. Sec. 19, Ch. 475, L. 2003; amd. Sec. 9, Ch. 586, L. 2005; amd. Sec. 1, Ch. 191, L. 2007; amd. Sec. 8, Ch. 273, L. 2007; amd. Sec. 1, Ch. 338, L. 2007; amd. Sec. 18, Ch. 297, L. 2009; amd.
Sec.
22
,
Ch.
242
, L.
2011
.