TITLE 34

ELECTIONS

CHAPTER 7

NOMINATIONS — CONVENTIONS — PRIMARY ELECTIONS

34-702A.  Declaration of intent for write-in candidates. (1) No write-in vote for any office in a primary, special, or general election shall be counted unless a completed declaration of intent form has been filed indicating that the person desires the office and is legally qualified to assume the duties of said office if elected.

(2)  The declaration of intent for write-in candidates for federal, state, or legislative district offices shall be filed with the secretary of state no later than 5:00 p.m. on the eleventh Friday before the primary election.

(3)  The declaration of intent for write-in candidates for county or party precinct committeeman office shall be filed with the county clerk no later than 5:00 p.m. on the ninth Friday before the primary election.

(4)  For a write-in candidate for president, the declaration shall include a certification of the write-in candidate’s vice presidential and presidential electors, all of whom must be qualified to serve in their respective offices. The secretary of state shall prescribe the form for said declarations.

(5)  In those counties that utilize optical scan ballots, an elector shall not place on the ballot a sticker bearing the name of a person or use any other method or device, except writing, to vote for a person whose name is not printed on the ballot.

History:

[34-702A, added 1983, ch. 213, sec. 5, p. 592; am. 1992, ch. 176, sec. 3, p. 555; am. 1993, ch. 313, sec. 4, p. 1159; am. 1999, ch. 221, sec. 1, p. 588; am. 2001, ch. 272, sec. 1, p. 994; am. 2010, ch. 162, sec. 1, p. 335; am. 2020, ch. 69, sec. 2, p. 157; am. 2021, ch. 272, sec. 1, p. 823; am. 2021, ch. 325, sec. 2, p. 992; am. 2023, ch. 249, sec. 1, p. 766; am. 2025, ch. 113, sec. 10, p. 605.]