13-10-211. Declaration of intent for write-in candidates. (1) Except as provided in subsection (4), a person seeking to become a write-in candidate for an office in any election shall file a declaration of intent. 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. Except as provided in subsection (2), the declaration must be filed no later than 5 p.m. on the 15th day before the election and must contain:
     (a) (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, less than 15 days before the election, a candidate for the office that the write-in candidate is seeking:
     (a) dies;
     (b) withdraws from the election; or
     (c) is charged with a felony offense.
     (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 and school district clerk 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) The requirements in subsection (1) do not apply to a write-in candidate seeking election:
     (a) as a precinct officer in a primary election; or
     (b) to an office for which no candidate has filed a declaration or petition for nomination or a declaration of intent.

     History: En. Sec. 1, Ch. 391, L. 1989; amd. Sec. 1, Ch. 143, L. 1995.