16-312. Filing of nomination papers for write- in candidates

  1. Any person desiring to become a write-in candidate for an elective office in any election shall file a nomination paper, signed by the candidate, giving the person's place of residence and post office address, age, length of residence in the state and date of birth.

  2. A write-in candidate shall file the nomination paper no later than 5:00 p.m. on the fourteenth day prior to the election. The write-in filing procedure shall be in the same manner as prescribed in section 16-311. Any person who does not file a timely nomination paper shall not be counted in the tally of ballots. The filing officer shall not accept the nomination paper of a candidate for state or local office unless it is accompanied by both of the following:

    1. A political committee statement of organization or the five hundred dollar threshold exemption statement.

    2. The financial disclosure statement as prescribed for candidates for that office.

  3. The secretary of state shall notify the various boards of supervisors as to write-in candidates filing with the secretary of state's office. The county school superintendent shall notify the appropriate board of supervisors as to write-in candidates filing with the superintendent's office. The board of supervisors shall notify the appropriate election board inspector of all candidates who have properly filed such statements. In the case of a city or town election, the city or town clerk shall notify the appropriate election board inspector of candidates properly filed. No other write-ins shall be counted. The election board inspector shall post the notice of official write-in candidates in a conspicuous location within the polling place.

  4. Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if either of the following applies:

    1. The candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

    2. The candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

  5. A person who files a nomination paper pursuant to this section for the office of president of the United States shall designate in writing to the secretary of state at the time of filing the name of the candidate's vice-presidential running mate, the names of presidential electors who will represent that candidate and a statement signed by the vice-presidential running mate and designated presidential electors that indicates their consent to be designated. A nomination paper for each presidential elector designated shall be filed with the candidate's nomination paper. The number of presidential electors shall equal the number of United States senators and representatives in Congress from this state.


WARNING - The above text was curent June 2003, but may be outdated now.