13-10-211. Declaration of intent for write-in candidates.
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13-10-211 . Declaration of intent for write-in candidates.
(1)Except as provided in 13-1-403 (2)(b), 13-1-502 (3)(b), and subsection
(2)of this section, 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 , and subsection
(3)of this section, the declaration must be filed no later than 5 p.m. on the 90th day before the election 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)An unsuccessful candidate for office at a primary election may not seek nomination by write-in vote or petition for the same office at the general election.
(3)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.
(4)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.
(5)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.
(6)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.
(7)A write-in candidate who files a declaration of intent for a general election may not file with a partisan, nonpartisan, or independent designation.