16-311

16-311. Nomination papers; filing;
definitions

A. Any person desiring to become a candidate at a primary election for a political
party and to have the person's name printed on the official ballot shall be a qualified
elector of such party and, not less than ninety nor more than one hundred twenty days
before the primary election, shall sign and cause to be filed a nomination paper giving
the person's actual residence address or description of place of residence and post
office address, naming the party of which the person desires to become a candidate,
stating the office and district or precinct, if any, for which the person offers the
person's candidacy, stating the exact manner in which the person desires to have the
person's name printed on the official ballot pursuant to subsection G, and giving the
date of the primary election and, if nominated, the date of the general election at which
the person desires to become a candidate. A candidate for public office shall be a
qualified elector at the time of filing and shall reside in the county, district or
precinct which the person proposes to represent.

B. Any person desiring to become a candidate at any nonpartisan election and to
have the person's name printed on the official ballot shall be at the time of filing a
qualified elector of such county, city, town or district and, not less than ninety nor
more than one hundred twenty days before the election, shall sign and cause to be filed a
nomination paper giving the person's actual residence address or description of place of
residence and post office address, stating the office and county, city, town or district
and ward or precinct, if any, for which the person offers the person's candidacy, stating
the exact manner in which the person desires to have the person's name printed on the
official ballot pursuant to subsection G and giving the date of the election. A candidate
for office shall reside at the time of filing in the county, city, town, district, ward
or precinct which the person proposes to represent.

C. Notwithstanding subsection B to the contrary, any city or town may adopt by
ordinance for its elections the time frame provided in subsection A for filing nomination
petitions. Such ordinance shall be adopted not less than one hundred twenty days before
the first election to which it applies.

D. All persons desiring to become a candidate shall file with the nomination paper
provided for in subsection A an affidavit which shall be printed in a form prescribed by
the secretary of state. The affidavit shall include facts sufficient to show that, other
than the residency requirement provided in subsection A, the candidate will be qualified
at the time of election to hold the office the person seeks.

E. The nomination paper of a candidate for the office of United States senator or
representative in Congress, for the office of presidential elector or for a state office,
including a member of the legislature, or for any other office for which the electors of
the entire state or a subdivision of the state greater than a county are entitled to
vote, shall be filed with the secretary of state no later than 5:00 p.m. on the last date
for filing.

F. The nomination paper of a candidate for superior court judge or for a county,
district and precinct office for which the electors of a county or a subdivision of a
county other than an incorporated city or town are entitled to vote shall be filed with
the county elections officer no later than 5:00 p.m. on the last date for filing as
prescribed by subsection A. The nomination paper of a candidate for a city or town
office shall be filed with the city or town clerk no later than 5:00 p.m. on the last
date for filing. The nomination paper of a candidate for school district office shall be
filed with the county school superintendent no later than 5:00 p.m. on the last date for
filing.

G. The nomination paper shall include the exact manner in which the candidate
desires to have the person's name printed on the official ballot and shall be limited to
the candidate's surname and given name or names, an abbreviated version of such names or
appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William"
or "S." for "Samuel". Nicknames are permissible, but in no event shall nicknames,
abbreviated versions or initials of given names suggest reference to professional,
fraternal, religious or military titles. No other descriptive name or names shall be
printed on the official ballot, except as provided in this section. Candidates'
abbreviated names or nicknames may be printed within quotation marks. The candidate's
surname shall be printed first, followed by the given name or names.

H. A person who does not file a timely nomination paper that complies with this
section is not eligible to have the person's name printed on the official ballot for that
office. The filing officer shall not accept the nomination paper of a candidate for state
or local office unless the person provides or has provided all of the following:

1. The nomination petition required by this title.

2. A political committee statement of organization or the five hundred dollar
threshold exemption statement for that office.

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

I. For the purposes of this title:

1. "Election district" means the state, any county, city, town, precinct or other
political subdivision or a special district which is not a political subdivision, which
is authorized by statute to conduct an election and which is authorized or required to
conduct its election in accordance with this title.

2. "Nomination paper" means the form filed with the appropriate office by a person
wishing to declare the person's intent to become a candidate for a particular political
office.