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053 of 1995 - Amending Chapter 2.68 Elections0 95-1 0 95-6 SALT LAKE CITY ORDINANCE No. 53 of 1995 (Elections) AN ORDINANCE ENACTING CHAPTER 2.68, SALT LAKE CITY CODE, RELATING TO ELECTIONS FOR THE OFFICES OF MAYOR AND CITY COUNCILMEMBERS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 2.68, Salt Lake City Code, pertaining to elections for the offices of mayor and city councilmembers be, and the same hereby is, enacted to read as follows: Chapter 2.68 ELECTIONS 2.68.010 Declarations of candidacy -- Salt Lake City general elections. A. A person may become a candidate for mayor if the person is a registered voter and: 1. the person has resided within Salt Lake City for the 12 consecutive months immediately before the date of the election; or 2. if the territory in which the person resides was annexed into Salt Lake City, the person has resided within the annexed territory or Salt Lake City for 12 consecutive months immediately before the date of the election. B. Each person seeking to become a candidate for mayor shall file a declaration of candidacy with the city recorder not later than the sixth Tuesday before the primary election date and pay a fee of $315.00 at the time of filing the declaration. In lieu of the said fee, the person may submit to the city recorder, in addition to the declaration of candidacy, a nominating petition signed by 45 residents of each council district, for a total of 315 residents, who are at least 18 years old. Said nominating petition shall be construed as constituting an alternative to payment of the required fee for persons for whom such fee would create a financial hardship. C. The declaration of candidacy for the office of mayor shall substantially comply with the following form: I, (print name) , being first sworn, say that I reside at Street, Salt Lake City, County of Salt Lake, State of Utah, Zip Code Telephone Number (if any) ; that as of the date of the election for mayor on I will have resided 2 within Salt Lake City for the 12 consecutive months immediately before such election; that I am a registered voter; and that I am a candidate for the office of mayor. I request that my name be printed upon the applicable official ballots. (Signed) Subscribed and sworn to (or affirmed) before me by 19 on this day of (Signed) (City Recorder or Notary Public) D. A person may become a candidate for councilmember if the person is a registered voter and: 1. the person has resided within the council district for which such person seeks office for the 12 consecutive months immediately before the date of the election; or 2. if the territory in which the person resides was 3 annexed into Salt Lake City and into the council district for which such person seeks office, the person has resided within the annexed territory or the council district for which such person seeks office for the 12 consecutive months immediately before the date of the election. E. Each person seeking to become a candidate for councilmember shall file a declaration of candidacy with the city recorder not later than the sixth Tuesday before the primary election date together with a fee of $75.00. In lieu of the said fee, the person may submit to the city recorder, in addition to the declaration of candidacy, a nominating petition signed by 75 residents of the council district such person seeks to represent who are at least 18 years old. Said nominating petition shall be construed as constituting an alternative to payment of the required fee for persons for whom such fee would create a financial hardship. F. The declaration of candidacy for the office of councilmember shall substantially comply with the following form: I, (print name) , being first sworn, say that I reside at Street, Salt Lake City, County of Salt Lake, State of Utah, Zip Code 4 Telephone Number (if any) ; that as of the date of the election for councilmember on I will have resided within council district # in Salt Lake City for the 12 consecutive months immediately before such election; that I am a registered voter; and that I am a candidate for the office of councilmember for council district # I request that my name be printed upon the applicable official ballots. (Signed) Subscribed and sworn to (or affirmed) before me by 19 on this day of (Signed) (City Recorder or Notary Public) G. 1. Any registered voter may be nominated for mayor by filing a nomination petition with the city recorder not later 5 than the sixth Tuesday before the primary election date signed by: a. 25 residents of Salt Lake City who are at least 18 years old; or b. 20% of the residents of Salt Lake City who are at least 18 years old; and c. paying a fee of $315.00. In lieu of the said fee, the nominating petition may be signed by an additional 45 residents of each council district, for a total of 315 additional residents, who are at least 18 years old. Said additional signatures on the nominating petition shall be construed as constituting an alternative to payment of the required fee for persons when such fee would create a financial hardship. 2. a. The petition for mayor shall substantially conform to the following form: "NOMINATION PETITION The undersigned residents of Salt Lake City being 18 years old or older nominate (name of nominee) to the office of mayor." 6 b. The remainder of the petition shall contain lines and columns for the signatures of persons signing the petition and their addresses and telephone numbers. H. 1. Any registered voter may be nominated for councilmember by filing a nomination petition with the city recorder not later than the sixth Tuesday before the primary election date signed by: a. 25 residents of the council district which the candidate seeks to represent who are at least 18 years old; or b. 200 of the residents of the council district which the candidate seeks to represent who are at least 18 years old; and c. paying a fee of $75.00. In lieu of the said fee, the nominating petition may be signed by an additional 75 residents of the said council district who are at least 18 years old. Said additional signatures on the nominating petition shall be construed as constituting an alternative to payment of the required fee when such fee would create a financial hardship. 2 a. The petition shall substantially conform to 7 the following form: "NOMINATION PETITION The undersigned residents of Salt Lake City being 18 years old or older nominate (name of nominee) to the office of councilmember." b. The remainder of the petition shall contain lines and columns for the signatures of persons signing the petition and their addresses and telephone numbers. I. 1. 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 days after the last day for filing. 2. If an objection is made, the city recorder shall: a. mail or personally deliver notice of the objection to the affected candidate immediately; and b. decide any objection within 48 hours after it is filed. 3. If the city recorder sustains the objection, the 8 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. 4. a. The city recorder's decision upon objections to form is final. b. The city recorder's decision upon substantive matters is reviewable by a district court if prompt application is made to the district court. c. 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. J. 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 city recorder. 2.68.020 Write-in Candidates. A. 1. Each person wishing to become a valid write-in candidate for mayor or for city councilmember shall file a declaration of candidacy with the city recorder and pay the fee 9 as provided by this chapter not later than 5 p.m. on the Wednesday before the municipal general election in which the person intends to be a write-in candidate. 2. a. The city recorder shall: i. read to the candidate the constitutional and statutory requirements for office and the requirements for office under this chapter; and ii. ask the candidate whether or not the candidate meets the requirements. b. If the candidate cannot meet the requirements of office, the city recorder may not accept the write- in candidate's declaration of candidacy. 1996. SECTION 2. This ordinance shall take effect January 1, Passed by the City Council of Salt Lake City, Utah this 6th day of July , 1995 . ATTEST: RECe 'IER Chief Deputy CHAIRPERSON 10 Transmitted to Mayor on July 6, 1995 Mayor's Action: XXX Approved. ATTEST: Bill No. Published: 53 of 199d. July 14, 1995 . g:\ORDINA95\CANDIDAC.LVS:le MAYOR 11 Vetoed. APTIOy[p ,S TO FORM frM 1m -u Offic. � M.