16-312

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

A. 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
actual residence address or description of place of residence and post office address,
age, length of residence in the state and date of birth.

B. A write-in candidate shall file the nomination paper not later than 5:00 p.m. on
the fortieth day before the election, except that:

1. A candidate running as a write-in candidate as provided in section 16-343,
subsection D shall file the nomination paper not later than 5:00 p.m. on the fifth day
before the election.

2. A candidate running as a write-in candidate for an election that may be canceled
pursuant to section 48-1082, 16-410 shall file the nomination paper not later than 5:00
p.m. on the seventy-sixth day before the election.

C. 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 the candidate provides or has provided
both of the following:

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

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

D. 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.

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

1. For a candidate in the general election, the candidate ran in the immediately
preceding primary election and failed to be nominated to the office sought in the current
election.

2. For a candidate in the general election, 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.

3. For a candidate in the primary election, the candidate filed a nomination
petition for the current primary election for the office sought and failed to provide a
sufficient number of valid petition signatures as prescribed by section 16-322.

4. For a candidate in the general election, the candidate filed a nomination
petition for nomination other than by primary for the office sought and failed to provide
a sufficient number of valid petition signatures as prescribed by section 16-341.

F. 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.