7-7-103. Filing as an independent — Petitions — Disqualification.

7-7-103. Filing as an independent — Petitions — Disqualification. (a)(1) A person desiring to have his or her name placed upon the ballot as an independent candidate without political party affiliation for any United States office other than President of the United States or Vice President of the United States or state, county, township, or district office in any general election in this state shall file, during the party filing period for the year in which the election is to be held, a political practices pledge, an affidavit of eligibility, and a notice of candidacy stating the name and title the candidate proposes to appear on the ballot and identifying the elective office sought, including the position number, if any. (2)(A) An independent candidate shall state the same position, including the position number, if any, on his or her petition. (B) When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing. (b)(1)(A) The person shall furnish by 12:00 noon on May 1 of the year in which the general election is to be held petitions signed by not less than three percent (3%) of the qualified electors in the county, township, or district in which the person is seeking office, but in no event shall more than two thousand (2,000) signatures be required for a district, county, or township office. (B) If the person is a candidate for state office or for United States Senator in which a statewide race is required, the person shall file petitions signed by not less than three percent (3%) of the qualified electors of the state or which contain ten thousand (10,000) signatures of qualified electors, whichever is the lesser. (2) Each elector signing the petition shall be a registered voter, and the petition shall be directed to the official with whom the person is required by law to file the petition to qualify as a candidate and shall request that the name of the person be placed on the ballot for election to the office mentioned in the petition. (3)(A) A petition shall be on a form prescribed by the Secretary of State that includes without limitation a designated space for: (i) The signature of the qualified elector; (ii) The printed name of the qualified elector; (iii) The date of the signature of the qualified elector; and (iv) The address of the qualified elector. (B) A petition shall be circulated not earlier than ninety (90) calendar days before the deadline for filing petitions to qualify as an independent candidate unless the number of days is reduced by a proclamation, ordinance, resolution, order, or other authorized document for a special election under § 7-11-101 et seq. (C)(i) The person filing for office as an independent candidate shall submit with the petition an affidavit that swears: (a) The signatures were not collected for a period over ninety (90) days; (b) The beginning and ending dates for collection of signatures on the petition are those as indicated on the affidavit; and (c) The signatures were collected and the petition was executed and submitted in compliance with the law. (ii) The affidavit under subdivision (b)(3)(C)(i) of this section shall be on a form prescribed by the Secretary of State. (4) In determining the number of qualified electors in any county, township, or district or in the state, the total number of votes cast therein for all candidates in the preceding general election for the office of Governor shall be conclusive of the number of qualified electors therein for the purposes of this section. (5) If the number of days in which the petition for independent candidacy may be circulated is reduced by a proclamation, ordinance, resolution, order, or other authorized document for a special election under § 7-11-101 et seq., the number of signatures required on the petition shall be reduced proportionately. (c) Signatures that are incorrectly obtained or submitted under this section shall not be counted.