A. On or before May 1 in a year in which there is a Municipal general election, the City Recorder shall publish a notice that identifies:
1. The Municipal offices to be voted on in the Municipal general election; and
2. The dates for filing a declaration of candidacy or nomination petition for the offices.
B. The City Recorder shall publish the notice on the Utah public notice website and in at least one of the following ways:
1. At the principal office of the City;
2. In a newspaper of general circulation within the City at least once a week for two (2) successive weeks;
3. In a newspaper produced by the City;
4. On the City's website;
5. With a Utility Enterprise Fund customer's bill.
C. 1. A person may become a candidate for any City office if:
a. The person is a registered voter; and
b. The person has been a resident of the City for twelve (12) consecutive months immediately before the date of the election; and
c. Meets the requirements of subsection D of this section.
2. A person living in an area annexed to the City meets the residency requirement of this section if that person resided within the area annexed to the City twelve (12) consecutive months immediately before the date of the election.
3. In addition to the other requirements of this section, candidates for City Council member seats shall be residents of the City Council district from which they are elected.
4. 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-2-101.3 or 20A-2-101.5 of the Utah Code.
D. The filing procedures to become a candidate for a City office shall be as follows:
1. Except as authorized under subsection 2, each person seeking to become a candidate for a City office shall file in person with the City Recorder a "declaration of candidacy", substantially in the form set forth in subsection E of this section, during regular office hours, but not later than five o'clock (5:00) P.M., between June 1 and June 7 of any odd numbered year. If June 1 falls on a Saturday, Sunday or legal holiday, the following business day shall be used. When June 7 is a Saturday, Sunday or legal holiday, the filing time shall be extended until five o'clock (5:00) P.M. on the following business day.
2. An individual may designate an agent to file a declaration of candidacy with the City Recorder if:
a. the individual is located outside of the state during the entire filing period;
b. the designated agent appears in person before the City Recorder;
c. the individual communicates with the City Recorder using an electronic device that allows the individual and City Recorder to see and hear each other; and
d. the individual provides the City Recorder with an email address to which the City Recorder may send the individual the copies required under this chapter.
3. A designated agent under subsection D2 may not sign the declaration of candidacy.
4. Any resident of the City may nominate a candidate for a City office by filing a "nomination petition", with the City Recorder during regular office hours, but not later than five o'clock (5:00) P.M., between June 1 and June 7 of any odd numbered year. If June 1 falls on Saturday, Sunday or legal holiday, the following business day shall be used. When June 7 is a Saturday, Sunday or legal holiday, the filing time shall be extended until five o'clock (5:00) P.M. on the following business day.
E. The declaration of candidacy shall be substantially as follows:
I (print name), being first sworn, say that I reside at Street, Murray City, County of Salt Lake, 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 office). I will meet the legal qualifications required of candidates for this office. 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 removal of my name from the ballot. 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)
(City Recorder or Notary Public)
F. Before the City Recorder may accept any declaration of candidacy or nomination petition, the City Recorder shall:
1. Read to the prospective candidate or person filing the petition the constitutional and statutory qualification requirements for the City office that the candidate is seeking.
2. Require the candidate or person filing the petition to state whether or not the candidate meets those requirements.
3. Inform the candidate or the individual filing the petition that an individual who holds a municipal elected office may not, at the same time, hold a county elected office.
4. If the prospective candidate does not meet the qualification requirements for the City office, the City Recorder may not accept the declaration of candidacy or nomination petition.
5. If it appears that the prospective candidate meets the requirements of candidacy, the City Recorder shall:
a. Inform the candidate that the candidate's name will appear on the ballot as it is written on the declaration of candidacy or nomination petition;
b. Provide the candidate with a copy of the current campaign financial disclosure laws for the office the candidate is seeking and inform the candidate that failure to comply will result in the disqualification as a candidate and removal of the candidate's name from the ballot;
c. Provide the candidate with a copy of the Statewide electronic voter information website program and inform the candidate of the submission deadline;
d. Provide the candidate with a copy of the pledge of fair campaign practices, as provided in section 20A-9-206 of the Utah Code, and inform the candidate that signing the pledge is voluntary and signed pledges shall be filed with the City Recorder;
e. If the candidate elects to sign the pledge of fair campaign practices, the City Recorder shall accept the candidate's pledge.
f. Accept the declaration of candidacy or nomination petition.
5. After accepting a declaration of candidacy or nomination petition, the City Recorder shall verify with the Salt Lake County Clerk that each candidate is a registered voter. Any candidate who is not registered to vote is disqualified and the City Recorder may not print the candidate's name on the ballot.
G. 1. The fee for filing a declaration of candidacy is ninety five dollars ($95.00).
2. Any candidate who obtains access to the ballot in accordance with subsection E2 of this section is exempt from the filing fee.
3. A person who is unable to pay the filing fee may file a declaration of candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by an affidavit of impecuniosity and financial statement filed with the City Recorder.
a. A person who is able to pay the filing fee may not claim impecuniosity. False statements made on an affidavit of impecuniosity or a financial statement filed under this section may be subject to criminal penalties under Utah Code Annotated section 76-8-503 and 76-8-504, or their successor statutes, or any other applicable criminal provision.
b. The City Recorder shall ensure that the affidavit of impecuniosity is printed in substantially the following form:
Affidavit of Impecuniosity
Individual Name: Address:
Phone Number:
I, (Name), do solemnly [swear] [affirm], under penalty of law for false statements, that, owing to my poverty, I am unable to pay the filing fee required by law.
Date:
Signature of Affiant:
Subscribed and sworn to before me on (Month/Day/Year)
Signature
Name and title of officer authorized to administer oath
(NOTICE: Filing a false statement is a criminal offense. In addition to any applicable criminal penalties, a candidate who is found guilty of filing a false affidavit or financial statement will be removed from the ballot.)
c. The financial statement required hereunder shall be in a form to be determined by the City Recorder.
H. As soon as possible after expiration of the period for filing a declaration of candidacy or nomination petition, the City Recorder shall:
1. Cause the names of the candidates as they will appear on the ballot to be published in at least two (2) successive publications of a newspaper with general circulation in the City; and
2. Notify the Lieutenant Governor of the names of the candidates as they will appear on the ballot.
I. A declaration of candidacy or nomination petition filed under this section may not be amended after the expiration of the period for filing a declaration of candidacy or nomination petition.
J. A declaration of candidacy or nomination petition filed under this section is valid unless a written objection is filed with the City Recorder within five (5) days after the last day for filing.
1. If an objection is made, the City Recorder shall:
a. Immediately mail or personally deliver notice of the objection to the affected candidate; and
b. Decide any objection within forty eight (48) hours after such objection is filed.
2. If the City Recorder sustains the objection, the candidate may correct the problem by amending the declaration of candidacy or nomination petition within three (3) days after the objection is sustained or by filing a new declaration of candidacy or nomination petition within three (3) days after the objection is sustained.
3. a. The City Recorder's decision upon objections to the form is final.
b. The City Recorder's decision upon substantive matters is subject to review by a District Court if application is made to the District Court within twenty (20) days of the City Recorder's decision.
c. The decision of the District Court is final unless the Utah Supreme Court, in the exercise of its discretion, agrees to review the District Court's decision.
K. Any person who filed a declaration of candidacy or was nominated may, any time up to twenty three (23) days before the election, withdraw the declaration or nomination by filing a written affidavit with the City Recorder.
(Ord. 18-07: Ord. 17-13: Ord. 16-17)