1     
STATE EDUCATION GOVERNANCE REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Alvin B. Jackson

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the State Board of Education and other
10     provisions relating to the governance of education in Utah.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides that, subject to passage of a certain constitutional amendment relating to
15     the selection of a State Board of Education, the State Board of Education will
16     consist of 13 members, including four members elected in a partisan election, four
17     members elected in a nonpartisan election, and five nonpartisan members appointed
18     by the governor with the consent of the Senate;
19          ▸     provides that one partisan and one nonpartisan State Board of Education member
20     will be elected from each congressional district;
21          ▸     establishes residency and other requirements relating to a State Board of Education
22     member;
23          ▸     establishes procedures and requirements relating to the election and appointment of
24     State Board of Education members;
25          ▸     establishes campaign finance and conflict reporting requirements;
26          ▸     enacts provisions relating to filling midterm vacancies; and
27          ▸     makes technical and conforming changes.

28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          This bill provides a special effective date.
32     Utah Code Sections Affected:
33     AMENDS:
34          20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
35          20A-1-201, as last amended by Laws of Utah 2014, Chapter 362
36          20A-1-201.5, as last amended by Laws of Utah 2015, Chapters 296 and 352
37          20A-2-101.5, as last amended by Laws of Utah 2013, Chapter 263
38          20A-6-301, as last amended by Laws of Utah 2015, Chapter 392
39          20A-6-302, as last amended by Laws of Utah 2014, Chapter 17
40          20A-6-303, as last amended by Laws of Utah 2015, Chapter 296
41          20A-6-304, as last amended by Laws of Utah 2015, Chapter 296
42          20A-9-201, as last amended by Laws of Utah 2015, Chapter 296
43          20A-9-202, as last amended by Laws of Utah 2015, Chapter 296
44          20A-9-403, as last amended by Laws of Utah 2015, Chapter 296
45          20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
46          20A-9-408, as last amended by Laws of Utah 2015, Chapter 296
47          20A-9-701, as last amended by Laws of Utah 2015, Chapter 296
48          20A-11-101, as last amended by Laws of Utah 2015, Chapters 21, 26, 352, and 388
49          20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
50          20A-11-1005, as last amended by Laws of Utah 2013, Chapter 252
51          20A-11-1301, as last amended by Laws of Utah 2015, Chapters 21 and 127
52          20A-11-1302, as last amended by Laws of Utah 2011, Chapter 347
53          20A-11-1303, as last amended by Laws of Utah 2015, Chapter 204
54          20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
55          20A-11-1305, as last amended by Laws of Utah 2015, Chapter 204
56          20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
57          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
58          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19

59          53A-1-201, as last amended by Laws of Utah 2015, Chapter 415
60          63I-1-220, as last amended by Laws of Utah 2014, Chapter 231
61     ENACTS:
62          20A-14-104.5, Utah Code Annotated 1953
63     REPEALS AND REENACTS:
64          20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
65     REPEALS:
66          20A-14-102, as last amended by Laws of Utah 2013, Chapter 455
67          20A-14-102.1, as last amended by Laws of Utah 2013, Chapter 455
68          20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
69          20A-14-102.3, as last amended by Laws of Utah 2013, Chapter 455
70          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
71     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
72          20A-14-106, as enacted by Laws of Utah 1995, Chapter 1
73     

74     Be it enacted by the Legislature of the state of Utah:
75          Section 1. Section 20A-1-102 is amended to read:
76          20A-1-102. Definitions.
77          As used in this title:
78          (1) "Active voter" means a registered voter who has not been classified as an inactive
79     voter by the county clerk.
80          (2) "Appointed State Board of Education member" means a nonpartisan, at-large State
81     Board of Education member who is appointed by the governor, with the consent of the Senate,
82     in accordance with Subsection 53A-1-201(1)(c).
83          [(2)] (3) "Automatic tabulating equipment" means apparatus that automatically
84     examines and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
85          [(3)] (4) (a) "Ballot" means the storage medium, whether paper, mechanical, or
86     electronic, upon which a voter records the voter's votes.
87          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
88     envelopes.
89          [(4)] (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:

90          (a) contain the names of offices and candidates and statements of ballot propositions to
91     be voted on; and
92          (b) are used in conjunction with ballot sheets that do not display that information.
93          [(5)] (6) "Ballot proposition" means a question, issue, or proposal that is submitted to
94     voters on the ballot for their approval or rejection including:
95          (a) an opinion question specifically authorized by the Legislature;
96          (b) a constitutional amendment;
97          (c) an initiative;
98          (d) a referendum;
99          (e) a bond proposition;
100          (f) a judicial retention question;
101          (g) an incorporation of a city or town; or
102          (h) any other ballot question specifically authorized by the Legislature.
103          [(6)] (7) "Ballot sheet":
104          (a) means a ballot that:
105          (i) consists of paper or a card where the voter's votes are marked or recorded; and
106          (ii) can be counted using automatic tabulating equipment; and
107          (b) includes punch card ballots and other ballots that are machine-countable.
108          [(7)] (8) "Bind," "binding," or "bound" means securing more than one piece of paper
109     together with a staple or stitch in at least three places across the top of the paper in the blank
110     space reserved for securing the paper.
111          [(8)] (9) "Board of canvassers" means the entities established by Sections 20A-4-301
112     and 20A-4-306 to canvass election returns.
113          [(9)] (10) "Bond election" means an election held for the purpose of approving or
114     rejecting the proposed issuance of bonds by a government entity.
115          [(10)] (11) "Book voter registration form" means voter registration forms contained in
116     a bound book that are used by election officers and registration agents to register persons to
117     vote.
118          [(11)] (12) "Business reply mail envelope" means an envelope that may be mailed free
119     of charge by the sender.
120          [(12)] (13) "By-mail voter registration form" means a voter registration form designed

121     to be completed by the voter and mailed to the election officer.
122          [(13)] (14) "Canvass" means the review of election returns and the official declaration
123     of election results by the board of canvassers.
124          [(14)] (15) "Canvassing judge" means a poll worker designated to assist in counting
125     ballots at the canvass.
126          [(15)] (16) "Contracting election officer" means an election officer who enters into a
127     contract or interlocal agreement with a provider election officer.
128          [(16)] (17) "Convention" means the political party convention at which party officers
129     and delegates are selected.
130          [(17)] (18) "Counting center" means one or more locations selected by the election
131     officer in charge of the election for the automatic counting of ballots.
132          [(18)] (19) "Counting judge" means a poll worker designated to count the ballots
133     during election day.
134          [(19)] (20) "Counting poll watcher" means a person selected as provided in Section
135     20A-3-201 to witness the counting of ballots.
136          [(20)] (21) "Counting room" means a suitable and convenient private place or room,
137     immediately adjoining the place where the election is being held, for use by the poll workers
138     and counting judges to count ballots during election day.
139          [(21)] (22) "County officers" means those county officers that are required by law to be
140     elected.
141          [(22)] (23) "Date of the election" or "election day" or "day of the election":
142          (a) means the day that is specified in the calendar year as the day that the election
143     occurs; and
144          (b) does not include:
145          (i) deadlines established for absentee voting; or
146          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
147     Voting.
148          [(23)] (24) "Elected official" means:
149          (a) a person elected to an office under Section 20A-1-303;
150          (b) a person who is considered to be elected to a municipal office in accordance with
151     Subsection 20A-1-206(1)(c)(ii); or

152          (c) a person who is considered to be elected to a local district office in accordance with
153     Subsection 20A-1-206(3)(c)(ii).
154          [(24)] (25) "Election" means a regular general election, a municipal general election, a
155     statewide special election, a local special election, a regular primary election, a municipal
156     primary election, and a local district election.
157          [(25)] (26) "Election Assistance Commission" means the commission established by
158     [Public Law 107-252,] the Help America Vote Act of 2002, Pub. L. No. 107-252.
159          [(26)] (27) "Election cycle" means the period beginning on the first day persons are
160     eligible to file declarations of candidacy and ending when the canvass is completed.
161          [(27)] (28) "Election judge" means a poll worker that is assigned to:
162          (a) preside over other poll workers at a polling place;
163          (b) act as the presiding election judge; or
164          (c) serve as a canvassing judge, counting judge, or receiving judge.
165          [(28)] (29) "Election officer" means:
166          (a) the lieutenant governor, for all statewide ballots and elections;
167          (b) the county clerk for:
168          (i) a county ballot and election; and
169          (ii) a ballot and election as a provider election officer as provided in Section
170     20A-5-400.1 or 20A-5-400.5;
171          (c) the municipal clerk for:
172          (i) a municipal ballot and election; and
173          (ii) a ballot and election as a provider election officer as provided in Section
174     20A-5-400.1 or 20A-5-400.5;
175          (d) the local district clerk or chief executive officer for:
176          (i) a local district ballot and election; and
177          (ii) a ballot and election as a provider election officer as provided in Section
178     20A-5-400.1 or 20A-5-400.5; or
179          (e) the business administrator or superintendent of a school district for:
180          (i) a school district ballot and election; and
181          (ii) a ballot and election as a provider election officer as provided in Section
182     20A-5-400.1 or 20A-5-400.5.

183          [(29)] (30) "Election official" means any election officer, election judge, or poll
184     worker.
185          [(30)] (31) "Election results" means:
186          (a) for an election other than a bond election, the count of votes cast in the election and
187     the election returns requested by the board of canvassers; or
188          (b) for bond elections, the count of those votes cast for and against the bond
189     proposition plus any or all of the election returns that the board of canvassers may request.
190          [(31)] (32) "Election returns" includes the pollbook, the military and overseas absentee
191     voter registration and voting certificates, one of the tally sheets, any unprocessed absentee
192     ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot
193     disposition form, and the total votes cast form.
194          [(32)] (33) "Electronic ballot" means a ballot that is recorded using a direct electronic
195     voting device or other voting device that records and stores ballot information by electronic
196     means.
197          [(33)] (34) "Electronic signature" means an electronic sound, symbol, or process
198     attached to or logically associated with a record and executed or adopted by a person with the
199     intent to sign the record.
200          [(34)] (35) (a) "Electronic voting device" means a voting device that uses electronic
201     ballots.
202          (b) "Electronic voting device" includes a direct recording electronic voting device.
203          [(35)] (36) "Inactive voter" means a registered voter who has:
204          (a) been sent the notice required by Section 20A-2-306; and
205          (b) failed to respond to that notice.
206          [(36)] (37) "Inspecting poll watcher" means a person selected as provided in this title to
207     witness the receipt and safe deposit of voted and counted ballots.
208          [(37)] (38) "Judicial office" means the office filled by any judicial officer.
209          [(38)] (39) "Judicial officer" means any justice or judge of a court of record or any
210     county court judge.
211          [(39)] (40) "Local district" means a local government entity under Title 17B, Limited
212     Purpose Local Government Entities - Local Districts, and includes a special service district
213     under Title 17D, Chapter 1, Special Service District Act.

214          [(40)] (41) "Local district officers" means those local district board members that are
215     required by law to be elected.
216          [(41)] (42) "Local election" means a regular county election, a regular municipal
217     election, a municipal primary election, a local special election, a local district election, and a
218     bond election.
219          [(42)] (43) "Local political subdivision" means a county, a municipality, a local
220     district, or a local school district.
221          [(43)] (44) "Local special election" means a special election called by the governing
222     body of a local political subdivision in which all registered voters of the local political
223     subdivision may vote.
224          [(44)] (45) "Municipal executive" means:
225          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
226          (b) the mayor in the council-manager form of government defined in Subsection
227     10-3b-103(7); or
228          (c) the chair of a metro township form of government defined in Section 10-3b-102.
229          [(45)] (46) "Municipal general election" means the election held in municipalities and,
230     as applicable, local districts on the first Tuesday after the first Monday in November of each
231     odd-numbered year for the purposes established in Section 20A-1-202.
232          [(46)] (47) "Municipal legislative body" means:
233          (a) the council of the city or town in any form of municipal government; or
234          (b) the council of a metro township.
235          [(47)] (48) "Municipal office" means an elective office in a municipality.
236          [(48)] (49) "Municipal officers" means those municipal officers that are required by
237     law to be elected.
238          [(49)] (50) "Municipal primary election" means an election held to nominate
239     candidates for municipal office.
240          (51) "Nonpartisan State Board of Education member" means a State Board of
241     Education member who is elected in a nonpartisan election, in accordance with the provisions
242     of this title.
243          [(50)] (52) "Official ballot" means the ballots distributed by the election officer to the
244     poll workers to be given to voters to record their votes.

245          [(51)] (53) "Official endorsement" means:
246          (a) the information on the ballot that identifies:
247          (i) the ballot as an official ballot;
248          (ii) the date of the election; and
249          (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
250     facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
251          (B) for a ballot prepared by a county clerk, the words required by Subsection
252     20A-6-301(1)(c)(iii); and
253          (b) the information on the ballot stub that identifies:
254          (i) the poll worker's initials; and
255          (ii) the ballot number.
256          [(52)] (54) "Official register" means the official record furnished to election officials
257     by the election officer that contains the information required by Section 20A-5-401.
258          [(53)] (55) "Paper ballot" means a paper that contains:
259          (a) the names of offices and candidates and statements of ballot propositions to be
260     voted on; and
261          (b) spaces for the voter to record the voter's vote for each office and for or against each
262     ballot proposition.
263          (56) "Partisan State Board of Education member" means a State Board of Education
264     member who is elected in a partisan election, in accordance with the provisions of this title.
265          [(54)] (57) "Pilot project" means the election day voter registration pilot project created
266     in Section 20A-4-108.
267          [(55)] (58) "Political party" means an organization of registered voters that has
268     qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
269     Formation and Procedures.
270          [(56)] (59) "Pollbook" means a record of the names of voters in the order that they
271     appear to cast votes.
272          [(57)] (60) "Polling place" means the building where voting is conducted.
273          [(58)] (61) (a) "Poll worker" means a person assigned by an election official to assist
274     with an election, voting, or counting votes.
275          (b) "Poll worker" includes election judges.

276          (c) "Poll worker" does not include a watcher.
277          [(59)] (62) "Position" means a square, circle, rectangle, or other geometric shape on a
278     ballot in which the voter marks the voter's choice.
279          [(60)] (63) "Primary convention" means the political party conventions held during the
280     year of the regular general election.
281          [(61)] (64) "Protective counter" means a separate counter, which cannot be reset, that:
282          (a) is built into a voting machine; and
283          (b) records the total number of movements of the operating lever.
284          [(62)] (65) "Provider election officer" means an election officer who enters into a
285     contract or interlocal agreement with a contracting election officer to conduct an election for
286     the contracting election officer's local political subdivision in accordance with Section
287     20A-5-400.1.
288          [(63)] (66) "Provisional ballot" means a ballot voted provisionally by a person:
289          (a) whose name is not listed on the official register at the polling place;
290          (b) whose legal right to vote is challenged as provided in this title; or
291          (c) whose identity was not sufficiently established by a poll worker.
292          [(64)] (67) "Provisional ballot envelope" means an envelope printed in the form
293     required by Section 20A-6-105 that is used to identify provisional ballots and to provide
294     information to verify a person's legal right to vote.
295          [(65)] (68) "Qualify" or "qualified" means to take the oath of office and begin
296     performing the duties of the position for which the person was elected.
297          [(66)] (69) "Receiving judge" means the poll worker that checks the voter's name in the
298     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
299     after the voter has voted.
300          [(67)] (70) "Registration form" means a book voter registration form and a by-mail
301     voter registration form.
302          [(68)] (71) "Regular ballot" means a ballot that is not a provisional ballot.
303          [(69)] (72) "Regular general election" means the election held throughout the state on
304     the first Tuesday after the first Monday in November of each even-numbered year for the
305     purposes established in Section 20A-1-201.
306          [(70)] (73) "Regular primary election" means the election on the fourth Tuesday of

307     June of each even-numbered year, to nominate candidates of political parties and candidates for
308     nonpartisan local school board positions to advance to the regular general election.
309          [(71)] (74) "Resident" means a person who resides within a specific voting precinct in
310     Utah.
311          [(72)] (75) "Sample ballot" means a mock ballot similar in form to the official ballot
312     printed and distributed as provided in Section 20A-5-405.
313          [(73)] (76) "Scratch vote" means to mark or punch the straight party ticket and then
314     mark or punch the ballot for one or more candidates who are members of different political
315     parties or who are unaffiliated.
316          [(74)] (77) "Secrecy envelope" means the envelope given to a voter along with the
317     ballot into which the voter places the ballot after the voter has voted it in order to preserve the
318     secrecy of the voter's vote.
319          [(75)] (78) "Special election" means an election held as authorized by Section
320     20A-1-203.
321          [(76)] (79) "Spoiled ballot" means each ballot that:
322          (a) is spoiled by the voter;
323          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
324          (c) lacks the official endorsement.
325          [(77)] (80) "Statewide special election" means a special election called by the governor
326     or the Legislature in which all registered voters in Utah may vote.
327          [(78)] (81) "Stub" means the detachable part of each ballot.
328          [(79)] (82) "Substitute ballots" means replacement ballots provided by an election
329     officer to the poll workers when the official ballots are lost or stolen.
330          [(80)] (83) "Ticket" means each list of candidates for each political party or for each
331     group of petitioners.
332          [(81)] (84) "Transfer case" means the sealed box used to transport voted ballots to the
333     counting center.
334          [(82)] (85) "Vacancy" means the absence of a person to serve in any position created
335     by statute, whether that absence occurs because of death, disability, disqualification,
336     resignation, or other cause.
337          [(83)] (86) "Valid voter identification" means:

338          (a) a form of identification that bears the name and photograph of the voter which may
339     include:
340          (i) a currently valid Utah driver license;
341          (ii) a currently valid identification card that is issued by:
342          (A) the state; or
343          (B) a branch, department, or agency of the United States;
344          (iii) a currently valid Utah permit to carry a concealed weapon;
345          (iv) a currently valid United States passport; or
346          (v) a currently valid United States military identification card;
347          (b) one of the following identification cards, whether or not the card includes a
348     photograph of the voter:
349          (i) a valid tribal identification card;
350          (ii) a Bureau of Indian Affairs card; or
351          (iii) a tribal treaty card; or
352          (c) two forms of identification not listed under Subsection [(83)] (86)(a) or (b) but that
353     bear the name of the voter and provide evidence that the voter resides in the voting precinct,
354     which may include:
355          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
356     election;
357          (ii) a bank or other financial account statement, or a legible copy thereof;
358          (iii) a certified birth certificate;
359          (iv) a valid Social Security card;
360          (v) a check issued by the state or the federal government or a legible copy thereof;
361          (vi) a paycheck from the voter's employer, or a legible copy thereof;
362          (vii) a currently valid Utah hunting or fishing license;
363          (viii) certified naturalization documentation;
364          (ix) a currently valid license issued by an authorized agency of the United States;
365          (x) a certified copy of court records showing the voter's adoption or name change;
366          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
367          (xii) a currently valid identification card issued by:
368          (A) a local government within the state;

369          (B) an employer for an employee; or
370          (C) a college, university, technical school, or professional school located within the
371     state; or
372          (xiii) a current Utah vehicle registration.
373          [(84)] (87) "Valid write-in candidate" means a candidate who has qualified as a
374     write-in candidate by following the procedures and requirements of this title.
375          [(85)] (88) "Voter" means a person who:
376          (a) meets the requirements for voting in an election;
377          (b) meets the requirements of election registration;
378          (c) is registered to vote; and
379          (d) is listed in the official register book.
380          [(86)] (89) "Voter registration deadline" means the registration deadline provided in
381     Section 20A-2-102.5.
382          [(87)] (90) "Voting area" means the area within six feet of the voting booths, voting
383     machines, and ballot box.
384          [(88)] (91) "Voting booth" means:
385          (a) the space or compartment within a polling place that is provided for the preparation
386     of ballots, including the voting machine enclosure or curtain; or
387          (b) a voting device that is free standing.
388          [(89)] (92) "Voting device" means:
389          (a) an apparatus in which ballot sheets are used in connection with a punch device for
390     piercing the ballots by the voter;
391          (b) a device for marking the ballots with ink or another substance;
392          (c) an electronic voting device or other device used to make selections and cast a ballot
393     electronically, or any component thereof;
394          (d) an automated voting system under Section 20A-5-302; or
395          (e) any other method for recording votes on ballots so that the ballot may be tabulated
396     by means of automatic tabulating equipment.
397          [(90)] (93) "Voting machine" means a machine designed for the sole purpose of
398     recording and tabulating votes cast by voters at an election.
399          [(91)] (94) "Voting poll watcher" means a person appointed as provided in this title to

400     witness the distribution of ballots and the voting process.
401          [(92)] (95) "Voting precinct" means the smallest voting unit established as provided by
402     law within which qualified voters vote at one polling place.
403          [(93)] (96) "Watcher" means a voting poll watcher, a counting poll watcher, an
404     inspecting poll watcher, and a testing watcher.
405          [(94)] (97) "Western States Presidential Primary" means the election established in
406     Chapter 9, Part 8, Western States Presidential Primary.
407          [(95)] (98) "Write-in ballot" means a ballot containing any write-in votes.
408          [(96)] (99) "Write-in vote" means a vote cast for a person whose name is not printed on
409     the ballot according to the procedures established in this title.
410          Section 2. Section 20A-1-201 is amended to read:
411          20A-1-201. Date and purpose of regular general elections.
412          (1) A regular general election shall be held throughout the state on the first Tuesday
413     after the first Monday in November of each even-numbered year.
414          (2) At the regular general election, the voters shall:
415          (a) choose [persons] individuals to serve the terms established by law for the following
416     offices:
417          (i) electors of President and Vice President of the United States;
418          (ii) United States Senators;
419          (iii) Representatives to the United States Congress;
420          (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
421          (v) senators and representatives to the Utah Legislature;
422          (vi) county officers;
423          (vii) [State School Board] partisan State Board of Education members;
424          (viii) nonpartisan State Board of Education members;
425          [(viii)] (ix) local school board members;
426          [(ix)] (x) except as provided in Subsection (3), local district officers, as applicable; and
427          [(x)] (xi) any elected judicial officers; and
428          (b) approve or reject:
429          (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
430     under procedures established in the Utah Code;

431          (ii) any proposed initiatives or referenda that have qualified for the ballot under
432     procedures established in the Utah Code; and
433          (iii) any other ballot propositions submitted to the voters that are authorized by the
434     Utah Code.
435          (3) This section:
436          (a) applies to a special service district for which the county legislative body or the
437     municipal legislative body, as applicable, has delegated authority for the special service district
438     to an administrative control board; and
439          (b) does not apply to a special service district for which the county legislative body or
440     the municipal legislative body, as applicable, has not delegated authority for the special service
441     district to an administrative control board.
442          Section 3. Section 20A-1-201.5 is amended to read:
443          20A-1-201.5. Primary election dates.
444          (1) A regular primary election shall be held throughout the state on the fourth Tuesday
445     of June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
446     20A-9-408, as applicable, to nominate persons for:
447          (a) national, state, [school board,] and county offices; [and]
448          (b) partisan State Board of Education offices, nonpartisan State Board of Education
449     offices, and local school board offices; and
450          [(b)] (c) offices for a metro township, city, or town incorporated under Section
451     10-2a-404.
452          (2) A municipal primary election shall be held, if necessary, on the second Tuesday
453     following the first Monday in August before the regular municipal election to nominate persons
454     for municipal offices.
455          (3) If the Legislature makes an appropriation for a Western States Presidential Primary
456     election, the Western States Presidential Primary election shall be held throughout the state on
457     the first Tuesday in February in the year in which a presidential election will be held.
458          Section 4. Section 20A-1-507 is repealed and reenacted to read:
459          20A-1-507. Midterm vacancies in the offices of partisan and nonpartisan State
460     Board of Education members.
461          (1) When a vacancy occurs for any reason in the office of partisan State Board of

462     Education member or nonpartisan State Board of Education member, the vacancy shall be
463     filled for the unexpired term at the next regular general election.
464          (2) Except as provided in Subsection (3), if the vacancy is for the office of partisan
465     State Board of Education member, the governor shall fill the vacancy until the next regular
466     general election by appointing an individual who meets the qualifications and residency
467     requirements for the office from among three individuals nominated by the state central
468     committee of the same political party as the prior officeholder.
469          (3) If the vacancy is for the office of nonpartisan State Board of Education member, or
470     the office of a partisan State Board of Education member for which the previous member was
471     not a member of a political party, the governor shall fill the vacancy until the next regular
472     general election by appointing an individual, with the consent of the Senate, who meets the
473     qualifications and residency requirements for the office.     
474          Section 5. Section 20A-2-101.5 is amended to read:
475          20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold
476     office.
477          (1) As used in this section, "convicted felon" means a person convicted of a felony in
478     any state or federal court of the United States.
479          (2) Each convicted felon's right to register to vote and to vote in an election is restored
480     when:
481          (a) the felon is sentenced to probation;
482          (b) the felon is granted parole; or
483          (c) the felon has successfully completed the term of incarceration to which the felon
484     was sentenced.
485          (3) Except as provided by Subsection (4), a convicted felon's right to hold elective
486     office is restored when:
487          (a) all of the felon's felony convictions have been expunged; or
488          (b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
489          (ii) the felon has paid all court-ordered restitution and fines; and
490          (iii) for each felony conviction that has not been expunged, the felon has:
491          (A) completed probation in relation to the felony;
492          (B) been granted parole in relation to the felony; or

493          (C) successfully completed the term of incarceration associated with the felony.
494          (4) An individual who has been convicted of a grievous sexual offense, as defined in
495     Section 76-1-601, against a child, may not hold the office of partisan State Board of Education
496     member, nonpartisan State Board of Education member, appointed State Board of Education
497     member, or local school board member.
498          Section 6. Section 20A-6-301 is amended to read:
499          20A-6-301. Paper ballots -- Regular general election.
500          (1) Each election officer shall ensure that:
501          (a) all paper ballots furnished for use at the regular general election contain:
502          (i) no captions or other endorsements except as provided in this section;
503          (ii) no symbols, markings, or other descriptions of a political party or group, except for
504     a registered political party that has chosen to nominate its candidates in accordance with
505     Section 20A-9-403; and
506          (iii) no indication that a candidate for elective office has been nominated by, or has
507     been endorsed by, or is in any way affiliated with a political party or group, unless the
508     candidate has been nominated by a registered political party in accordance with Subsection
509     20A-9-202[(4)](5) or Subsection 20A-9-403(5).
510          (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
511     top of the ballot, and divided from the rest of ballot by a perforated line;
512          (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
513     stub; and
514          (iii) ballot stubs are numbered consecutively;
515          (c) immediately below the perforated ballot stub, the following endorsements are
516     printed in 18 point bold type:
517          (i) "Official Ballot for ____ County, Utah";
518          (ii) the date of the election; and
519          (iii) the words "Clerk of __________ County";
520          (d) each ticket is placed in a separate column on the ballot in the order specified under
521     Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
522     column;
523          (e) the party name or title is printed in capital letters not less than one-fourth of an inch

524     high;
525          (f) a circle one-half inch in diameter is printed immediately below the party name or
526     title, and the top of the circle is placed not less than two inches below the perforated line;
527          (g) unaffiliated candidates, candidates not affiliated with a registered political party,
528     and all other candidates for elective office who were not nominated by a registered political
529     party in accordance with Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5), are listed
530     in one column in the order specified under Section 20A-6-305, without a party circle, with the
531     following instructions printed at the head of the column: "All candidates not affiliated with a
532     political party are listed below. They are to be considered with all offices and candidates listed
533     to the left. Only one vote is allowed for each office.";
534          (h) the columns containing the lists of candidates, including the party name and device,
535     are separated by heavy parallel lines;
536          (i) the offices to be filled are plainly printed immediately above the names of the
537     candidates for those offices;
538          (j) the names of candidates are printed in capital letters, not less than one-eighth nor
539     more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
540     lines or rules three-eighths of an inch apart;
541          (k) a square with sides measuring not less than one-fourth of an inch in length is
542     printed immediately adjacent to the name of each candidate;
543          (l) for the offices of president and vice president and governor and lieutenant governor,
544     one square with sides measuring not less than one-fourth of an inch in length is printed on the
545     same side as but opposite a double bracket enclosing the names of the two candidates;
546          (m) in an election in which a voter is authorized to cast a write-in vote and where a
547     write-in candidate is qualified under Section 20A-9-601, immediately adjacent to the
548     unaffiliated ticket on the ballot, the ballot contains a write-in column long enough to contain as
549     many written names of candidates as there are persons to be elected with:
550          (i) for each office on the ballot, the office to be filled plainly printed immediately
551     above:
552          (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
553     square with sides measuring not less than one-fourth of an inch in length printed immediately
554     adjacent to the blank horizontal line; or

555          (B) for the offices of president and vice president and governor and lieutenant
556     governor, two blank horizontal lines, one placed above the other, to enable the entry of two
557     valid write-in candidates, and one square with sides measuring not less than one-fourth of an
558     inch in length printed on the same side as but opposite a double bracket enclosing the two
559     blank horizontal lines; and
560          (ii) the words "Write-In Voting Column" printed at the head of the column without a
561     one-half inch circle;
562          (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
563     to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the unaffiliated
564     ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule running
565     vertically the full length of the nonpartisan ballot copy; and
566          (o) constitutional amendments or other questions submitted to the vote of the people,
567     are printed on the ballot after the list of candidates.
568          (2) Each election officer shall ensure that:
569          (a) each person nominated by any registered political party under Subsection
570     20A-9-202[(4)](5) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:
571          (i) under the registered political party's name and emblem, if any; or
572          (ii) under the title of the registered political party as designated by them in their
573     certificates of nomination or petition, or, if none is designated, then under some suitable title;
574          (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
575     Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
576          (c) the names of the candidates for president and vice president are used on the ballot
577     instead of the names of the presidential electors; and
578          (d) the ballots contain no other names.
579          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
580     that:
581          (a) the designation of the office to be filled in the election and the number of
582     candidates to be elected are printed in type not smaller than eight point;
583          (b) the words designating the office are printed flush with the left-hand margin;
584          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
585     which the voter may vote)" extend to the extreme right of the column;

586          (d) the nonpartisan candidates are grouped according to the office for which they are
587     candidates;
588          (e) the names in each group are placed in the order specified under Section 20A-6-305
589     with the surnames last; and
590          (f) each group is preceded by the designation of the office for which the candidates
591     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
592     candidates for which the voter may vote)," according to the number to be elected.
593          (4) Each election officer shall ensure that:
594          (a) proposed amendments to the Utah Constitution are listed on the ballot in
595     accordance with Section 20A-6-107;
596          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
597     with Section 20A-6-107; and
598          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
599     title assigned to each bond proposition under Section 11-14-206.
600          Section 7. Section 20A-6-302 is amended to read:
601          20A-6-302. Paper ballots -- Placement of candidates' names.
602          (1) Each election officer shall ensure, for paper ballots in regular general elections,
603     that:
604          (a) each candidate is listed by party, if nominated by a registered political party under
605     Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5);
606          (b) candidates' surnames are listed in alphabetical order on the ballots when two or
607     more candidates' names are required to be listed on a ticket under the title of an office; and
608          (c) the names of candidates are placed on the ballot in the order specified under Section
609     20A-6-305.
610          (2) (a) When there is only one candidate for county attorney at the regular general
611     election in counties that have three or fewer registered voters of the county who are licensed
612     active members in good standing of the Utah State Bar, the county clerk shall cause that
613     candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
614     with the following question: "Shall (name of candidate) be elected to the office of county
615     attorney? Yes ____ No ____."
616          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is

617     elected to the office of county attorney.
618          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
619     elected and may not take office, nor may the candidate continue in the office past the end of the
620     term resulting from any prior election or appointment.
621          (d) When the name of only one candidate for county attorney is printed on the ballot
622     under authority of this Subsection (2), the county clerk may not count any write-in votes
623     received for the office of county attorney.
624          (e) If no qualified person files for the office of county attorney or if the candidate is not
625     elected by the voters, the county legislative body shall appoint the county attorney as provided
626     in Section 20A-1-509.2.
627          (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
628     the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
629     two consecutive terms immediately preceding the term for which the candidate is seeking
630     election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
631     unopposed candidate the same as any other unopposed candidate for another office, unless a
632     petition is filed with the county clerk before the date of that year's primary election that:
633          (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
634          (ii) contains the signatures of registered voters in the county representing in number at
635     least 25% of all votes cast in the county for all candidates for governor at the last election at
636     which a governor was elected.
637          (3) (a) When there is only one candidate for district attorney at the regular general
638     election in a prosecution district that has three or fewer registered voters of the district who are
639     licensed active members in good standing of the Utah State Bar, the county clerk shall cause
640     that candidate's name and party affiliation, if any, to be placed on a separate section of the
641     ballot with the following question: "Shall (name of candidate) be elected to the office of district
642     attorney? Yes ____ No ____."
643          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
644     elected to the office of district attorney.
645          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
646     elected and may not take office, nor may the candidate continue in the office past the end of the
647     term resulting from any prior election or appointment.

648          (d) When the name of only one candidate for district attorney is printed on the ballot
649     under authority of this Subsection (3), the county clerk may not count any write-in votes
650     received for the office of district attorney.
651          (e) If no qualified person files for the office of district attorney, or if the only candidate
652     is not elected by the voters under this subsection, the county legislative body shall appoint a
653     new district attorney for a four-year term as provided in Section 20A-1-509.2.
654          (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
655     the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
656     two consecutive terms immediately preceding the term for which the candidate is seeking
657     election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
658     unopposed candidate the same as any other unopposed candidate for another office, unless a
659     petition is filed with the county clerk before the date of that year's primary election that:
660          (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
661          (ii) contains the signatures of registered voters in the county representing in number at
662     least 25% of all votes cast in the county for all candidates for governor at the last election at
663     which a governor was elected.
664          Section 8. Section 20A-6-303 is amended to read:
665          20A-6-303. Regular general election -- Ballot sheets.
666          (1) Each election officer shall ensure that:
667          (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
668     approximately the same order as paper ballots;
669          (b) the titles of offices and the names of candidates are printed in vertical columns or in
670     a series of separate pages;
671          (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
672     include, after the list of candidates:
673          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
674          (ii) any ballot propositions submitted to the voters for their approval or rejection;
675          (d) (i) a voting square or position is included where the voter may record a straight
676     party ticket vote for all the candidates who are listed on the ballot as being from one party by
677     one mark or punch; and
678          (ii) the name of each political party listed in the straight party selection area includes

679     the word "party" at the end of the party's name;
680          (e) the tickets are printed in the order specified under Section 20A-6-305;
681          (f) the office titles are printed immediately adjacent to the names of candidates so as to
682     indicate clearly the candidates for each office and the number to be elected;
683          (g) the party designation of each candidate who has been nominated by a registered
684     political party under Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5) is printed
685     immediately adjacent to the candidate's name; and
686          (h) (i) if possible, all candidates for one office are grouped in one column or upon one
687     page;
688          (ii) if all candidates for one office cannot be listed in one column or grouped on one
689     page:
690          (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
691     candidates is continued on the following column or page; and
692          (B) approximately the same number of names shall be printed in each column or on
693     each page.
694          (2) Each election officer shall ensure that:
695          (a) proposed amendments to the Utah Constitution are listed in accordance with
696     Section 20A-6-107;
697          (b) ballot propositions submitted to the voters are listed in accordance with Section
698     20A-6-107; and
699          (c) bond propositions that have qualified for the ballot are listed under the title
700     assigned to each bond proposition under Section 11-14-206.
701          Section 9. Section 20A-6-304 is amended to read:
702          20A-6-304. Regular general election -- Electronic ballots.
703          (1) Each election officer shall ensure that:
704          (a) the format and content of the electronic ballot is arranged in approximately the
705     same order as paper ballots;
706          (b) the titles of offices and the names of candidates are displayed in vertical columns or
707     in a series of separate display screens;
708          (c) the electronic ballot is of sufficient length to include, after the list of candidates:
709          (i) the names of candidates for judicial offices and any other nonpartisan offices; and

710          (ii) any ballot propositions submitted to the voters for their approval or rejection;
711          (d) (i) a voting square or position is included where the voter may record a straight
712     party ticket vote for all the candidates who are listed on the ballot as being from one party by
713     making a single selection; and
714          (ii) the name of each political party listed in the straight party selection area includes
715     the word "party" at the end of the party's name;
716          (e) the tickets are displayed in the order specified under Section 20A-6-305;
717          (f) the office titles are displayed above or at the side of the names of candidates so as to
718     indicate clearly the candidates for each office and the number to be elected;
719          (g) the party designation of each candidate who has been nominated by a registered
720     political party under Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5) is displayed
721     adjacent to the candidate's name; and
722          (h) if possible, all candidates for one office are grouped in one column or upon one
723     display screen.
724          (2) Each election officer shall ensure that:
725          (a) proposed amendments to the Utah Constitution are displayed in accordance with
726     Section 20A-6-107;
727          (b) ballot propositions submitted to the voters are displayed in accordance with Section
728     20A-6-107; and
729          (c) bond propositions that have qualified for the ballot are displayed under the title
730     assigned to each bond proposition under Section 11-14-206.
731          Section 10. Section 20A-9-201 is amended to read:
732          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
733     more than one political party prohibited with exceptions -- General filing and form
734     requirements -- Affidavit of impecuniosity.
735          (1) Before filing a declaration of candidacy for election to any office, a person shall:
736          (a) be a United States citizen;
737          (b) meet the legal requirements of that office; and
738          (c) if seeking a registered political party's nomination as a candidate for partisan
739     elective office, state:
740          (i) the registered political party of which the person is a member; or

741          (ii) that the person is not a member of a registered political party.
742          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
743          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
744     Utah during any election year;
745          (ii) appear on the ballot as the candidate of more than one political party; or
746          (iii) file a declaration of candidacy for a registered political party of which the
747     individual is not a member, except to the extent that the registered political party permits
748     otherwise in the registered political party's bylaws.
749          (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
750     or vice president of the United States and another office, if the person resigns the person's
751     candidacy for the other office after the person is officially nominated for president or vice
752     president of the United States.
753          (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
754     one justice court judge office.
755          (iii) A person may file a declaration of candidacy for lieutenant governor even if the
756     person filed a declaration of candidacy for another office in the same election year if the person
757     withdraws as a candidate for the other office in accordance with Subsection 20A-9-202[(6)](7)
758     before filing the declaration of candidacy for lieutenant governor.
759          (3) [(a) (i)] Except for presidential candidates, before the filing officer may accept any
760     declaration of candidacy, the filing officer shall:
761          [(A)] (a) read to the prospective candidate the constitutional and statutory qualification
762     requirements for the office that the candidate is seeking; and
763          [(B)] (b) require the candidate to state whether [or not] the candidate meets those
764     requirements.
765          [(ii)] (4) Before accepting a declaration of candidacy for the office of county attorney,
766     the county clerk shall ensure that the person filing that declaration of candidacy is:
767          [(A)] (a) a United States citizen;
768          [(B)] (b) an attorney licensed to practice law in Utah who is an active member in good
769     standing of the Utah State Bar;
770          [(C)] (c) a registered voter in the county in which the person is seeking office; and
771          [(D)] (d) a current resident of the county in which the person is seeking office and

772     either has been a resident of that county for at least one year or was appointed and is currently
773     serving as county attorney and became a resident of the county within 30 days after
774     appointment to the office.
775          [(iii)] (5) Before accepting a declaration of candidacy for the office of district attorney,
776     the county clerk shall ensure that, as of the date of the election, the person filing that
777     declaration of candidacy is:
778          [(A)] (a) a United States citizen;
779          [(B)] (b) an attorney licensed to practice law in Utah who is an active member in good
780     standing of the Utah State Bar;
781          [(C)] (c) a registered voter in the prosecution district in which the person is seeking
782     office; and
783          [(D)] (d) a current resident of the prosecution district in which the person is seeking
784     office and either will have been a resident of that prosecution district for at least one year as of
785     the date of the election or was appointed and is currently serving as district attorney and
786     became a resident of the prosecution district within 30 days after receiving appointment to the
787     office.
788          [(iv)] (6) Before accepting a declaration of candidacy for the office of county sheriff,
789     the county clerk shall ensure that the person filing the declaration of candidacy:
790          [(A)] (a) as of the date of filing:
791          [(I)] (i) is a United States citizen;
792          [(II)] (ii) is a registered voter in the county in which the person seeks office;
793          [(III) (Aa)] (iii) (A) has successfully met the standards and training requirements
794     established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
795     Training and Certification Act; or
796          [(Bb)] (B) has met the waiver requirements in Section 53-6-206; and
797          [(IV)] (iv) is qualified to be certified as a law enforcement officer, as defined in
798     Section 53-13-103; and
799          [(B)] (b) as of the date of the election, shall have been a resident of the county in which
800     the person seeks office for at least one year.
801          [(v)] (7) Before accepting a declaration of candidacy for the office of governor,
802     lieutenant governor, state auditor, state treasurer, attorney general, state legislator, [or] partisan

803     State Board of Education member, or nonpartisan State Board of Education member, the filing
804     officer shall ensure:
805          [(A)] (a) that the [person] individual filing the declaration of candidacy also files the
806     financial disclosure required by Section 20A-11-1603; and
807          [(B)] (b) if the filing officer is not the lieutenant governor, that the financial disclosure
808     is provided to the lieutenant governor according to the procedures and requirements of Section
809     20A-11-1603.
810          [(b)] (8) If the prospective candidate states that the qualification requirements for the
811     office are not met, the filing officer may not accept the prospective candidate's declaration of
812     candidacy.
813          [(c)] (9) If the candidate meets the requirements of [Subsection (3)(a)] Subsections (3)
814     through (7) and states that the requirements of candidacy are met, the filing officer shall:
815          [(i)] (a) inform the candidate that:
816          [(A)] (i) the candidate's name will appear on the ballot as it is written on the
817     declaration of candidacy;
818          [(B)] (ii) the candidate may be required to comply with state or local campaign finance
819     disclosure laws; and
820          [(C)] (iii) the candidate is required to file a financial statement before the candidate's
821     political convention under:
822          [(I)] (A) Section 20A-11-204 for a candidate for constitutional office;
823          [(II)] (B) Section 20A-11-303 for a candidate for the Legislature; or
824          [(III)] (C) local campaign finance disclosure laws, if applicable;
825          [(ii)] (b) except for a presidential candidate, provide the candidate with a copy of the
826     current campaign financial disclosure laws for the office the candidate is seeking and inform
827     the candidate that failure to comply will result in disqualification as a candidate and removal of
828     the candidate's name from the ballot;
829          [(iii)] (c) provide the candidate with a copy of Section 20A-7-801 regarding the
830     Statewide Electronic Voter Information Website Program and inform the candidate of the
831     submission deadline under Subsection 20A-7-801(4)(a);
832          [(iv)] (d) provide the candidate with a copy of the pledge of fair campaign practices
833     described under Section 20A-9-206 and inform the candidate that:

834          [(A)] (i) signing the pledge is voluntary; and
835          [(B)] (ii) signed pledges shall be filed with the filing officer;
836          [(v)] (e) accept the candidate's declaration of candidacy; and
837          [(vi)] (f) if the candidate has filed for a partisan office, provide a certified copy of the
838     declaration of candidacy to the chair of the county or state political party of which the
839     candidate is a member.
840          [(d)] (10) If the candidate elects to sign the pledge of fair campaign practices, the filing
841     officer shall:
842          [(i)] (a) accept the candidate's pledge; and
843          [(ii)] (b) if the candidate has filed for a partisan office, provide a certified copy of the
844     candidate's pledge to the chair of the county or state political party of which the candidate is a
845     member.
846          [(4)] (11) (a) Except for presidential candidates[, the form of] and candidates for a
847     nonpartisan office, the lieutenant governor shall create a form for the declaration of candidacy
848     [shall] that:
849          (i) [be] reads substantially as follows:
850          "State of Utah, County of ____
851               I, ______________, declare my candidacy for the office of ____, seeking the
852     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
853     hold the office, both legally and constitutionally, if selected; I reside at _____________
854     in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
855     knowingly violate any law governing campaigns and elections; I will file all campaign
856     financial disclosure reports as required by law; and I understand that failure to do so
857     will result in my disqualification as a candidate for this office and removal of my name
858     from the ballot. The mailing address that I designate for receiving official election
859     notices is ___________________________.
860     ____________________________________________________________________
861          Subscribed and sworn before me this __________(month\day\year).
862     
Notary Public (or other officer qualified to administer oath.)"; and

863          (ii) [require] requires the candidate to state, in the sworn statement described in
864     Subsection [(4)] (11)(a)(i):

865          (A) the registered political party of which the candidate is a member; or
866          (B) that the candidate is not a member of a registered political party.
867          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
868     may not sign the form described in Subsection [(4)] (11)(a).
869          (12) (a) The lieutenant governor shall create a form for the declaration of candidacy for
870     a nonpartisan office that reads substantially as follows:
871          "State of Utah, County of ____
872          I, ______________, declare my candidacy for the office of ____. I do solemnly swear
873     that: I will meet the qualifications to hold the office, both legally and constitutionally, if
874     selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone
875     No. ____; I will not knowingly violate any law governing campaigns and elections; I will file
876     all campaign financial disclosure reports as required by law; and I understand that failure to do
877     so will result in my disqualification as a candidate for this office and removal of my name from
878     the ballot. The mailing address that I designate for receiving official election notices is
879     ___________________________.
880          ____________________________________________________________________
881          Subscribed and sworn before me this __________(month\day\year).
882          Notary Public (or other officer qualified to administer oath.)".
883          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
884     may not sign the form described in Subsection (12)(a).
885          [(5)] (13) (a) Except for presidential candidates, the fee for filing a declaration of
886     candidacy is:
887          (i) $50 for candidates for the local school district board; and
888          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
889     person holding the office for all other federal, state, and county offices.
890          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
891     any candidate:
892          (i) who is disqualified; or
893          (ii) who the filing officer determines has filed improperly.
894          [(c) (i)] (14) (a) The county clerk shall immediately pay to the county treasurer all fees
895     received from candidates.

896          [(ii)] (b) The lieutenant governor shall:
897          [(A)] (i) apportion to and pay to the county treasurers of the various counties all fees
898     received for filing of nomination certificates or acceptances; and
899          [(B)] (ii) ensure that each county receives that proportion of the total amount paid to
900     the lieutenant governor from the congressional district that the total vote of that county for all
901     candidates for representative in Congress bears to the total vote of all counties within the
902     congressional district for all candidates for representative in Congress.
903          [(d) (i)] (15) (a) A person who is unable to pay the filing fee may file a declaration of
904     candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as
905     evidenced by an affidavit of impecuniosity filed with the filing officer and, if requested by the
906     filing officer, a financial statement filed at the time the affidavit is submitted.
907          [(ii)] (b) A person who is able to pay the filing fee may not claim impecuniosity.
908          [(iii) (A)] (c) False statements made on an affidavit of impecuniosity or a financial
909     statement filed under this section shall be subject to the criminal penalties provided under
910     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
911          [(B)] (d) Conviction of a criminal offense under Subsection [(5)(d)(iii)(A)] (15)(c)
912     shall be considered an offense under this title for the purposes of assessing the penalties
913     provided in Subsection 20A-1-609(2).
914          [(iv)] (e) The filing officer shall ensure that the affidavit of impecuniosity is printed in
915     substantially the following form:
916          "Affidavit of Impecuniosity
917     Individual Name
918     ____________________________Address_____________________________
919     Phone Number _________________
920     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
921     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
922     law.
923     Date ______________ Signature________________________________________________
924     Affiant
925     Subscribed and sworn to before me on ___________ (month\day\year)
926     
______________________


927     
(signature)

928          Name and Title of Officer Authorized to Administer Oath
______________________"

929          [(v)] (f) The filing officer shall provide to a person who requests an affidavit of
930     impecuniosity a statement printed in substantially the following form, which may be included
931     on the affidavit of impecuniosity:
932          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
933     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
934     penalties, will be removed from the ballot."
935          [(vi)] (g) The filing officer may request that a person who makes a claim of
936     impecuniosity under this Subsection [(5)(d)] (15) file a financial statement on a form prepared
937     by the election official.
938          [(6)] (16) (a) If there is no legislative appropriation for the Western States Presidential
939     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
940     president of the United States who is affiliated with a registered political party and chooses to
941     participate in the regular primary election shall:
942          (i) file a declaration of candidacy, in person or via a designated agent, with the
943     lieutenant governor:
944          (A) on a form developed and provided by the lieutenant governor; and
945          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
946     March before the next regular primary election;
947          (ii) identify the registered political party whose nomination the candidate is seeking;
948          (iii) provide a letter from the registered political party certifying that the candidate may
949     participate as a candidate for that party in that party's presidential primary election; and
950          (iv) pay the filing fee of $500.
951          (b) An agent designated to file a declaration of candidacy may not sign the form
952     described in Subsection [(6)] (16)(a)(i)(A).
953          [(7)] (17) Any person who fails to file a declaration of candidacy or certificate of
954     nomination within the time provided in this chapter is ineligible for nomination to office.
955          [(8) A] (18) Except as provided in Subsection 20A-9-202(6) or 20A-14-104(3), an
956     individual may not amend or modify a declaration of candidacy filed under this section [may
957     not be amended or modified] after the final date established for filing a declaration of

958     candidacy.
959          Section 11. Section 20A-9-202 is amended to read:
960          20A-9-202. Declarations of candidacy for regular general elections.
961          (1) [(a) Each person seeking] An individual who desires to become a candidate for an
962     elective office, other than the office of nonpartisan State Board of Education member, that is to
963     be filled at the next regular general election shall:
964          [(i)] (a) file a declaration of candidacy in person with the filing officer:
965          (i) on or after January 1 of the regular general election year[,] and, if applicable, before
966     the candidate circulates a nomination [petitions] petition under Section 20A-9-405; and
967          (ii) in accordance with the requirements of Section 20A-9-201; and
968          [(ii)] (b) pay the filing fee.
969          [(b)] (2) (a) Each county clerk who receives a declaration of candidacy from a
970     candidate for multicounty office shall transmit the filing fee and a copy of the candidate's
971     declaration of candidacy to the lieutenant governor within one working day after [it is filed] the
972     day on which the candidate files the declaration of candidacy.
973          [(c)] (b) Each day during the filing period, each county clerk shall notify the lieutenant
974     governor electronically or by telephone of candidates who have filed [in their] a declaration of
975     candidacy in the county clerk's office.
976          [(d) Each person seeking] (c) An individual who desires to become a candidate for the
977     office of lieutenant governor, the office of district attorney, or the office of president or vice
978     president of the United States shall comply with the specific declaration of candidacy
979     requirements [established by] described in this section.
980          [(2)] (3) (a) [Each person intending] An individual who desires to become a candidate
981     for the office of district attorney within a multicounty prosecution district that is to be filled at
982     the next regular general election shall:
983          (i) [file a declaration of candidacy with the clerk designated in the interlocal agreement
984     creating the prosecution district] on or after January 1 of the regular general election year, and
985     before the candidate circulates nomination petitions under Section 20A-9-405, file a
986     declaration of candidacy with the clerk designated in the interlocal agreement creating the
987     prosecution district; and
988          (ii) pay the filing fee.

989          (b) The designated clerk shall provide to the county clerk of each county in the
990     prosecution district a certified copy of each declaration of candidacy filed for the office of
991     district attorney.
992          [(3)] (4) (a) On or before 5 p.m. on the first Monday after the third Saturday in April,
993     each lieutenant governor candidate shall:
994          (i) file a declaration of candidacy with the lieutenant governor;
995          (ii) pay the filing fee; and
996          (iii) submit a letter from a candidate for governor who has received certification for the
997     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
998     as a joint-ticket running mate.
999          (b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
1000     lieutenant governor is disqualified, another candidate shall file to replace the disqualified
1001     candidate.
1002          [(4)] (5) Each registered political party shall:
1003          (a) certify the names of [its] the registered political party's candidates for president and
1004     vice president of the United States to the lieutenant governor no later than August 31; or
1005          (b) provide written authorization for the lieutenant governor to accept the certification
1006     of candidates for president and vice president of the United States from the national office of
1007     the registered political party.
1008          [(5)] (6) (a) A declaration of candidacy filed under this section is valid unless [a] an
1009     individual files a written objection [is filed] with the clerk or lieutenant governor within five
1010     days after the [last day for filing] day of the deadline for filing a declaration of candidacy.
1011          (b) If an [objection is made] individual files an objection, the clerk or lieutenant
1012     governor shall:
1013          (i) immediately mail or personally deliver notice of the objection to the affected
1014     candidate [immediately]; and
1015          (ii) decide any objection within 48 hours after [it] the objection is filed.
1016          (c) If the clerk or lieutenant governor sustains the objection, the candidate may, if
1017     possible, cure the problem by amending the declaration or nomination petition, or by filing a
1018     new declaration, within three days after the day on which the objection is sustained [or by filing
1019     a new declaration within three days after the objection is sustained].

1020          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
1021          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
1022     by a district court if prompt application is made to the court.
1023          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1024     of its discretion, agrees to review the lower court decision.
1025          [(6) Any person who filed a declaration of candidacy] (7) A candidate may withdraw
1026     as a candidate by filing a written affidavit with the clerk.
1027          [(7) Except as provided in Subsection 20A-9-201(4)(b), notwithstanding a requirement
1028     in this section to file a declaration of candidacy in person, a person]
1029          (8) Subject to Subsection 20A-9-201(11)(b), an individual may designate an agent to
1030     file the form described in Subsection 20A-9-201[(4)](11) in person with the filing officer if:
1031          (a) the [person] individual is located outside the state during the filing period because:
1032          (i) of employment with the state or the United States; or
1033          (ii) the [person] individual is a member of:
1034          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1035     Coast Guard of the United States [who], and is on active duty;
1036          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1037     commissioned corps of the National Oceanic and Atmospheric Administration of the United
1038     States; or
1039          (C) the National Guard and is on activated status;
1040          (b) the [person] individual communicates with the filing officer using an electronic
1041     device that allows the [person] individual and filing officer to see and hear each other; and
1042          (c) the [person] individual provides the filing officer with an email address to which
1043     the filing officer may send the copies described in Subsection 20A-9-201[(3)](9).
1044          Section 12. Section 20A-9-403 is amended to read:
1045          20A-9-403. Regular primary elections.
1046          (1) (a) Candidates for elective office that are to be filled at the next regular general
1047     election shall be nominated in a regular primary election by direct vote of the people in the
1048     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
1049     designated as regular primary election day. Nothing in this section shall affect a candidate's
1050     ability to qualify for a regular general election's ballot as an unaffiliated candidate under

1051     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
1052     Section 20A-9-601.
1053          (b) Each registered political party that chooses to have the names of its candidates for
1054     elective office featured with party affiliation on the ballot at a regular general election shall
1055     comply with the requirements of this section and shall nominate its candidates for elective
1056     office in the manner prescribed in this section.
1057          (c) A filing officer may not permit an official ballot at a regular general election to be
1058     produced or used if the ballot denotes affiliation between a registered political party or any
1059     other political group and a candidate for elective office who was not nominated in the manner
1060     prescribed in this section or in Subsection 20A-9-202[(4)](5).
1061          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
1062     even-numbered year in which a regular general election will be held.
1063          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
1064     shall:
1065          (i) either declare their intent to participate in the next regular primary election or
1066     declare that the registered political party chooses not to have the names of its candidates for
1067     elective office featured on the ballot at the next regular general election; and
1068          (ii) if the registered political party participates in the upcoming regular primary
1069     election, identify one or more registered political parties whose members may vote for the
1070     registered political party's candidates and whether or not persons identified as unaffiliated with
1071     a political party may vote for the registered political party's candidates.
1072          (b) (i) A registered political party that is a continuing political party must file the
1073     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
1074     November 15 of each odd-numbered year.
1075          (ii) An organization that is seeking to become a registered political party under Section
1076     20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
1077     political party files the petition described in Section 20A-8-103.
1078          (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
1079     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
1080     office on the regular primary ballot of the registered political party listed on the declaration of
1081     candidacy only if the person is certified by the appropriate filing officer as having submitted a

1082     set of nomination petitions that was:
1083          (i) circulated and completed in accordance with Section 20A-9-405; and
1084          (ii) signed by at least two percent of the registered political party's members who reside
1085     in the political division of the office that the person seeks.
1086          (b) A candidate for elective office shall submit nomination petitions to the appropriate
1087     filing officer for verification and certification no later than 5 p.m. on the final day in March.
1088     Candidates may supplement their submissions at any time on or before the filing deadline.
1089          (c) The lieutenant governor shall determine for each elective office the total number of
1090     signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
1091     of persons residing in each elective office's political division who have designated a particular
1092     registered political party on their voter registration forms as of November 1 of each
1093     odd-numbered year. The lieutenant governor shall publish this determination for each elective
1094     office no later than November 15 of each odd-numbered year.
1095          (d) The filing officer shall:
1096          (i) verify signatures on nomination petitions in a transparent and orderly manner;
1097          (ii) for all qualifying candidates for elective office who submitted nomination petitions
1098     to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
1099     the first Monday after the third Saturday in April;
1100          (iii) consider active and inactive voters eligible to sign nomination petitions;
1101          (iv) consider a person who signs a nomination petition a member of a registered
1102     political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
1103     political party as the person's party membership on the person's voter registration form; and
1104          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
1105     petition signatures, or use statistical sampling procedures to verify submitted nomination
1106     petition signatures pursuant to rules made under Subsection (3)(f).
1107          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
1108     lieutenant governor may appear on the regular primary ballot of a registered political party
1109     without submitting nomination petitions if the candidate files a declaration of candidacy and
1110     complies with Subsection 20A-9-202[(3)](4).
1111          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1112     director of elections, within the Office of the Lieutenant Governor, shall make rules that:

1113          (i) provide for the use of statistical sampling procedures that:
1114          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
1115          (B) reflect a bona fide effort to determine the validity of a candidate's entire
1116     submission, using widely recognized statistical sampling techniques; and
1117          (ii) provide for the transparent, orderly, and timely submission, verification, and
1118     certification of nomination petition signatures.
1119          (g) The county clerk shall:
1120          (i) review the declarations of candidacy filed by candidates for local boards of
1121     education to determine if more than two candidates have filed for the same seat;
1122          (ii) place the names of all candidates who have filed a declaration of candidacy for a
1123     local board of education seat on the nonpartisan section of the ballot if more than two
1124     candidates have filed for the same seat; and
1125          (iii) determine the order of the local board of education candidates' names on the ballot
1126     in accordance with Section 20A-6-305.
1127          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
1128     governor shall provide to the county clerks:
1129          (i) a list of the names of all candidates for federal, constitutional, multi-county, and
1130     county offices who have received certifications under Subsection (3), along with instructions
1131     on how those names shall appear on the primary-election ballot in accordance with Section
1132     20A-6-305; and
1133          (ii) a list of unopposed candidates for elective office who have been nominated by a
1134     registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
1135     candidates from the primary-election ballot.
1136          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1137     joint-ticket running mates shall appear jointly on the primary-election ballot.
1138          (c) After the county clerk receives the certified list from the lieutenant governor under
1139     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1140     substantially the following form:
1141          "Notice is given that a primary election will be held Tuesday, June ____,
1142     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
1143     local school board positions listed on the primary ballot. The polling place for voting precinct

1144     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
1145     Attest: county clerk."
1146          (5) (a) Candidates, other than presidential candidates, receiving the highest number of
1147     votes cast for each office at the regular primary election are nominated by their registered
1148     political party for that office or are nominated as a candidate for a nonpartisan local school
1149     board position.
1150          (b) If two or more candidates, other than presidential candidates, are to be elected to
1151     the office at the regular general election, those party candidates equal in number to positions to
1152     be filled who receive the highest number of votes at the regular primary election are the
1153     nominees of their party for those positions.
1154          (c) A candidate who is unopposed for an elective office in the regular primary election
1155     of a registered political party is nominated by the party for that office without appearing on the
1156     primary ballot. A candidate is "unopposed" if no person other than the candidate has received a
1157     certification under Subsection (3) for the regular primary election ballot of the candidate's
1158     registered political party for a particular elective office.
1159          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
1160     office that represents more than one county, the governor, lieutenant governor, and attorney
1161     general shall, at a public meeting called by the governor and in the presence of the candidates
1162     involved, select the nominee by lot cast in whatever manner the governor determines.
1163          (b) When a tie vote occurs in any primary election for any county office, the district
1164     court judges of the district in which the county is located shall, at a public meeting called by
1165     the judges and in the presence of the candidates involved, select the nominee by lot cast in
1166     whatever manner the judges determine.
1167          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
1168     primary election provided for by this section, and all expenses necessarily incurred in the
1169     preparation for or the conduct of that primary election shall be paid out of the treasury of the
1170     county or state, in the same manner as for the regular general elections.
1171          (8) An individual may not file a declaration of candidacy for a registered political party
1172     of which the individual is not a member, except to the extent that the registered political party
1173     permits otherwise under the registered political party's bylaws.
1174          Section 13. Section 20A-9-407 is amended to read:

1175          20A-9-407. Convention process to seek the nomination of a qualified political
1176     party.
1177          (1) This section describes the requirements for a member of a qualified political party
1178     who is seeking the nomination of a qualified political party for an elective office through the
1179     qualified political party's convention process.
1180          (2) Notwithstanding Subsection 20A-9-201[(4)](11)(a), the form of the declaration of
1181     candidacy for a member of a qualified political party who is nominated by, or who is seeking
1182     the nomination of, the qualified political party under this section shall be substantially as
1183     described in Section 20A-9-408.5.
1184          (3) Notwithstanding Subsection 20A-9-202(1)[(a)], and except as provided in
1185     Subsection 20A-9-202[(4)](5), a member of a qualified political party who, under this section,
1186     is seeking the nomination of the qualified political party for an elective office that is to be filled
1187     at the next general election, shall:
1188          (a) file a declaration of candidacy in person with the filing officer on or after the
1189     second Friday in March and before 5 p.m. on the third Thursday in March before the next
1190     regular general election; and
1191          (b) pay the filing fee.
1192          (4) Notwithstanding Subsection 20A-9-202[(2)](3)(a), a member of a qualified
1193     political party who, under this section, is seeking the nomination of the qualified political party
1194     for the office of district attorney within a multicounty prosecution district that is to be filled at
1195     the next general election shall:
1196          (a) file a declaration of candidacy with the county clerk designated in the interlocal
1197     agreement creating the prosecution district on or after the second Friday in March and before 5
1198     p.m. on the third Thursday in March before the next regular general election; and
1199          (b) pay the filing fee.
1200          (5) Notwithstanding Subsection 20A-9-202[(3)](4)(a)(iii), a lieutenant governor
1201     candidate who files as the joint-ticket running mate of an individual who is nominated by a
1202     qualified political party, under this section, for the office of governor shall submit a letter from
1203     the candidate for governor that names the lieutenant governor candidate as a joint-ticket
1204     running mate.
1205          (6) (a) A qualified political party that nominates a candidate under this section shall

1206     certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
1207     after the fourth Saturday in April.
1208          (b) The lieutenant governor shall ensure that the certification described in Subsection
1209     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
1210     under this section.
1211          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1212     is nominated by a qualified political party under this section, designate the qualified political
1213     party that nominated the candidate.
1214          Section 14. Section 20A-9-408 is amended to read:
1215          20A-9-408. Signature-gathering process to seek the nomination of a qualified
1216     political party.
1217          (1) This section describes the requirements for a member of a qualified political party
1218     who is seeking the nomination of the qualified political party for an elective office through the
1219     signature-gathering process described in this section.
1220          (2) Notwithstanding Subsection 20A-9-201[(4)](11)(a), the form of the declaration of
1221     candidacy for a member of a qualified political party who is nominated by, or who is seeking
1222     the nomination of, the qualified political party under this section shall be substantially as
1223     described in Section 20A-9-408.5.
1224          (3) Notwithstanding Subsection 20A-9-202(1)[(a)], and except as provided in
1225     Subsection 20A-9-202[(4)](5), a member of a qualified political party who, under this section,
1226     is seeking the nomination of the qualified political party for an elective office that is to be filled
1227     at the next general election shall:
1228          (a) within the period beginning on January 1 before the next regular general election
1229     and ending on the third Thursday in March of the same year, and before gathering signatures
1230     under this section, file with the filing officer on a form approved by the lieutenant governor a
1231     notice of intent to gather signatures for candidacy that includes:
1232          (i) the name of the member who will attempt to become a candidate for a registered
1233     political party under this section;
1234          (ii) the name of the registered political party for which the member is seeking
1235     nomination;
1236          (iii) the office for which the member is seeking to become a candidate;

1237          (iv) the address and telephone number of the member; and
1238          (v) other information required by the lieutenant governor;
1239          (b) file a declaration of candidacy, in person, with the filing officer on or after the
1240     second Friday in March and before 5 p.m. on the third Thursday in March before the next
1241     regular general election; and
1242          (c) pay the filing fee.
1243          (4) Notwithstanding Subsection 20A-9-202[(2)](3)(a), a member of a qualified
1244     political party who, under this section, is seeking the nomination of the qualified political party
1245     for the office of district attorney within a multicounty prosecution district that is to be filled at
1246     the next general election shall:
1247          (a) on or after January 1 before the next regular general election, and before gathering
1248     signatures under this section, file with the filing officer on a form approved by the lieutenant
1249     governor a notice of intent to gather signatures for candidacy that includes:
1250          (i) the name of the member who will attempt to become a candidate for a registered
1251     political party under this section;
1252          (ii) the name of the registered political party for which the member is seeking
1253     nomination;
1254          (iii) the office for which the member is seeking to become a candidate;
1255          (iv) the address and telephone number of the member; and
1256          (v) other information required by the lieutenant governor;
1257          (b) file a declaration of candidacy, in person, with the filing officer on or after the
1258     second Friday in March and before 5 p.m. on the third Thursday in March before the next
1259     regular general election; and
1260          (c) pay the filing fee.
1261          (5) Notwithstanding Subsection 20A-9-202[(3)](4)(a)(iii), a lieutenant governor
1262     candidate who files as the joint-ticket running mate of an individual who is nominated by a
1263     qualified political party, under this section, for the office of governor shall submit a letter from
1264     the candidate for governor that names the lieutenant governor candidate as a joint-ticket
1265     running mate.
1266          (6) The lieutenant governor shall ensure that the certification described in Subsection
1267     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party

1268     under this section.
1269          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
1270     is nominated by a qualified political party under this section, designate the qualified political
1271     party that nominated the candidate.
1272          (8) A member of a qualified political party may seek the nomination of the qualified
1273     political party for an elective office by:
1274          (a) complying with the requirements described in this section; and
1275          (b) collecting signatures, on a form approved by the lieutenant governor, during the
1276     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
1277     which the qualified political party's convention for the office is held, in the following amounts:
1278          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1279     permitted by the qualified political party to vote for the qualified political party's candidates in
1280     a primary election;
1281          (ii) for a congressional district race, 7,000 signatures of registered voters who are
1282     residents of the congressional district and are permitted by the qualified political party to vote
1283     for the qualified political party's candidates in a primary election;
1284          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1285     residents of the state Senate district and are permitted by the qualified political party to vote for
1286     the qualified political party's candidates in a primary election;
1287          (iv) for a state House district race, 1,000 signatures of registered voters who are
1288     residents of the state House district and are permitted by the qualified political party to vote for
1289     the qualified political party's candidates in a primary election; [and]
1290          (v) for a partisan State Board of Education member race, 4,000 signatures of registered
1291     voters who are residents of the State Board of Education district and are permitted by the
1292     qualified political party to vote for the qualified political party's candidates in a primary
1293     election; and
1294          [(v)] (vi) for a county office race, signatures of 3% of the registered voters who are
1295     residents of the area permitted to vote for the county office and are permitted by the qualified
1296     political party to vote for the qualified political party's candidates in a primary election.
1297          (9) (a) In order for a member of the qualified political party to qualify as a candidate
1298     for the qualified political party's nomination for an elective office under this section, the

1299     member shall:
1300          (i) collect the signatures on a form approved by the lieutenant governor, using the same
1301     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
1302          (ii) submit the signatures to the election officer no later than 14 days before the day on
1303     which the qualified political party holds its convention to select candidates, for the elective
1304     office, for the qualified political party's nomination.
1305          (b) An individual may not gather signatures under this section until after the individual
1306     files a notice of intent to gather signatures for candidacy described in this section.
1307          (c) An individual who files a notice of intent to gather signatures for candidacy,
1308     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
1309     the notice of intent to gather signatures for candidacy:
1310          (i) required to comply with the reporting requirements that a candidate for office is
1311     required to comply with; and
1312          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1313     apply to a candidate for office in relation to the reporting requirements described in Subsection
1314     (9)(c)(i).
1315          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1316     election officer shall, no later than one day before the day on which the qualified political party
1317     holds the convention to select a nominee for the elective office to which the signature packets
1318     relate:
1319          (i) check the name of each individual who completes the verification for a signature
1320     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1321          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1322     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1323          (iii) determine whether each signer is a registered voter who is qualified to sign the
1324     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1325     on a petition;
1326          (iv) certify whether each name is that of a registered voter who is qualified to sign the
1327     signature packet; and
1328          (v) notify the qualified political party and the lieutenant governor of the name of each
1329     member of the qualified political party who qualifies as a nominee of the qualified political

1330     party, under this section, for the elective office to which the convention relates.
1331          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
1332     this section, the lieutenant governor shall post the notice of intent to gather signatures for
1333     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1334     posts a declaration of candidacy.
1335          Section 15. Section 20A-9-701 is amended to read:
1336          20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
1337          (1) No later than August 31 of each regular general election year, the lieutenant
1338     governor shall certify to each county clerk, for offices to be voted upon at the regular general
1339     election in that county clerk's county:
1340          (a) the names of each candidate nominated under Subsection 20A-9-202[(4)](5) or
1341     Subsection 20A-9-403(5); and
1342          (b) the names of the candidates for president and vice president that are certified by the
1343     registered political party as the party's nominees.
1344          (2) The names shall be certified by the lieutenant governor and shall be displayed on
1345     the ballot as they are provided on the candidate's declaration of candidacy. No other names
1346     may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
1347     political party, political party, or other political group.
1348          Section 16. Section 20A-11-101 is amended to read:
1349          20A-11-101. Definitions.
1350          As used in this chapter:
1351          (1) "Address" means the number and street where an individual resides or where a
1352     reporting entity has its principal office.
1353          (2) "Agent of a reporting entity" means:
1354          (a) a person acting on behalf of a reporting entity at the direction of the reporting
1355     entity;
1356          (b) a person employed by a reporting entity in the reporting entity's capacity as a
1357     reporting entity;
1358          (c) the personal campaign committee of a candidate or officeholder;
1359          (d) a member of the personal campaign committee of a candidate or officeholder in the
1360     member's capacity as a member of the personal campaign committee of the candidate or

1361     officeholder; or
1362          (e) a political consultant of a reporting entity.
1363          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1364     amendments, and any other ballot propositions submitted to the voters that are authorized by
1365     the Utah Code Annotated 1953.
1366          (4) "Candidate" means any person who:
1367          (a) files a declaration of candidacy for a public office; or
1368          (b) receives contributions, makes expenditures, or gives consent for any other person to
1369     receive contributions or make expenditures to bring about the person's nomination or election
1370     to a public office.
1371          (5) "Chief election officer" means:
1372          (a) the lieutenant governor for:
1373          (i) state office candidates[,];
1374          (ii) legislative office candidates[,];
1375          (iii) officeholders[,];
1376          (iv) political parties[,];
1377          (v) political action committees[,];
1378          (vi) corporations[,];
1379          (vii) political issues committees[, state school board];
1380          (viii) candidates[,] for the office of elected State Board of Education member;
1381          (ix) judges[,]; and
1382          (x) labor organizations, as defined in Section 20A-11-1501; and
1383          (b) the county clerk for local school board candidates.
1384          (6) (a) "Contribution" means any of the following when done for political purposes:
1385          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1386     value given to the filing entity;
1387          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1388     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1389     anything of value to the filing entity;
1390          (iii) any transfer of funds from another reporting entity to the filing entity;
1391          (iv) compensation paid by any person or reporting entity other than the filing entity for

1392     personal services provided without charge to the filing entity;
1393          (v) remuneration from:
1394          (A) any organization or its directly affiliated organization that has a registered lobbyist;
1395     or
1396          (B) any agency or subdivision of the state, including school districts;
1397          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
1398          (vii) in-kind contributions.
1399          (b) "Contribution" does not include:
1400          (i) services provided by individuals volunteering a portion or all of their time on behalf
1401     of the filing entity if the services are provided without compensation by the filing entity or any
1402     other person;
1403          (ii) money lent to the filing entity by a financial institution in the ordinary course of
1404     business; or
1405          (iii) goods or services provided for the benefit of a candidate or political party at less
1406     than fair market value that are not authorized by or coordinated with the candidate or political
1407     party.
1408          (7) "Coordinated with" means that goods or services provided for the benefit of a
1409     candidate or political party are provided:
1410          (a) with the candidate's or political party's prior knowledge, if the candidate or political
1411     party does not object;
1412          (b) by agreement with the candidate or political party;
1413          (c) in coordination with the candidate or political party; or
1414          (d) using official logos, slogans, and similar elements belonging to a candidate or
1415     political party.
1416          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1417     organization that is registered as a corporation or is authorized to do business in a state and
1418     makes any expenditure from corporate funds for:
1419          (i) the purpose of expressly advocating for political purposes; or
1420          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1421     proposition.
1422          (b) "Corporation" does not mean:

1423          (i) a business organization's political action committee or political issues committee; or
1424          (ii) a business entity organized as a partnership or a sole proprietorship.
1425          (9) "County political party" means, for each registered political party, all of the persons
1426     within a single county who, under definitions established by the political party, are members of
1427     the registered political party.
1428          (10) "County political party officer" means a person whose name is required to be
1429     submitted by a county political party to the lieutenant governor in accordance with Section
1430     20A-8-402.
1431          (11) "Detailed listing" means:
1432          (a) for each contribution or public service assistance:
1433          (i) the name and address of the individual or source making the contribution or public
1434     service assistance, except to the extent that the name or address of the individual or source is
1435     unknown;
1436          (ii) the amount or value of the contribution or public service assistance; and
1437          (iii) the date the contribution or public service assistance was made; and
1438          (b) for each expenditure:
1439          (i) the amount of the expenditure;
1440          (ii) the person or entity to whom it was disbursed;
1441          (iii) the specific purpose, item, or service acquired by the expenditure; and
1442          (iv) the date the expenditure was made.
1443          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
1444     for membership in the corporation, to a corporation without receiving full and adequate
1445     consideration for the money.
1446          (b) "Donor" does not include a person that signs a statement that the corporation may
1447     not use the money for an expenditure or political issues expenditure.
1448          (13) (a) "Elected State Board of Education member" means a partisan State Board of
1449     Education member or a nonpartisan State Board of Education member.
1450          (b) "Elected State Board of Education member" does not include an appointed State
1451     Board of Education member.
1452          [(13)] (14) "Election" means each:
1453          (a) regular general election;

1454          (b) regular primary election; and
1455          (c) special election at which candidates are eliminated and selected.
1456          [(14)] (15) "Electioneering communication" means a communication that:
1457          (a) has at least a value of $10,000;
1458          (b) clearly identifies a candidate or judge; and
1459          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1460     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1461     identified candidate's or judge's election date.
1462          [(15)] (16) (a) "Expenditure" means any of the following made by a reporting entity or
1463     an agent of a reporting entity on behalf of the reporting entity:
1464          (i) any disbursement from contributions, receipts, or from the separate bank account
1465     required by this chapter;
1466          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1467     or anything of value made for political purposes;
1468          (iii) an express, legally enforceable contract, promise, or agreement to make any
1469     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1470     value for political purposes;
1471          (iv) compensation paid by a filing entity for personal services rendered by a person
1472     without charge to a reporting entity;
1473          (v) a transfer of funds between the filing entity and a candidate's personal campaign
1474     committee; or
1475          (vi) goods or services provided by the filing entity to or for the benefit of another
1476     reporting entity for political purposes at less than fair market value.
1477          (b) "Expenditure" does not include:
1478          (i) services provided without compensation by individuals volunteering a portion or all
1479     of their time on behalf of a reporting entity;
1480          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1481     business; or
1482          (iii) anything listed in Subsection [(15)] (16)(a) that is given by a reporting entity to
1483     candidates for office or officeholders in states other than Utah.
1484          [(16)] (17) "Federal office" means the office of president of the United States, United

1485     States Senator, or United States Representative.
1486          [(17)] (18) "Filing entity" means the reporting entity that is required to file a financial
1487     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1488          [(18)] (19) "Financial statement" includes any summary report, interim report, verified
1489     financial statement, or other statement disclosing contributions, expenditures, receipts,
1490     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1491     Retention Elections.
1492          [(19)] (20) "Governing board" means the individual or group of individuals that
1493     determine the candidates and committees that will receive expenditures from a political action
1494     committee, political party, or corporation.
1495          [(20)] (21) "Incorporation" means the process established by Title 10, Chapter 2a,
1496     Municipal Incorporation, by which a geographical area becomes legally recognized as a city,
1497     town, or metro township.
1498          [(21)] (22) "Incorporation election" means the election authorized by Section
1499     10-2a-210, 10-2a-304, or 10-2a-404.
1500          [(22)] (23) "Incorporation petition" means a petition authorized by Section 10-2a-208
1501     or 10-2a-302.
1502          [(23)] (24) "Individual" means a natural person.
1503          [(24)] (25) "In-kind contribution" means anything of value, other than money, that is
1504     accepted by or coordinated with a filing entity.
1505          [(25)] (26) "Interim report" means a report identifying the contributions received and
1506     expenditures made since the last report.
1507          [(26)] (27) "Legislative office" means the office of state senator, state representative,
1508     speaker of the House of Representatives, president of the Senate, and the leader, whip, and
1509     assistant whip of any party caucus in either house of the Legislature.
1510          [(27)] (28) "Legislative office candidate" means a person who:
1511          (a) files a declaration of candidacy for the office of state senator or state representative;
1512          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1513     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
1514     assistant whip of any party caucus in either house of the Legislature; or
1515          (c) receives contributions, makes expenditures, or gives consent for any other person to

1516     receive contributions or make expenditures to bring about the person's nomination, election, or
1517     appointment to a legislative office.
1518          [(28)] (29) "Major political party" means either of the two registered political parties
1519     that have the greatest number of members elected to the two houses of the Legislature.
1520          [(29)] (30) "Officeholder" means a person who holds a public office.
1521          [(30)] (31) "Party committee" means any committee organized by or authorized by the
1522     governing board of a registered political party.
1523          [(31)] (32) "Person" means both natural and legal persons, including individuals,
1524     business organizations, personal campaign committees, party committees, political action
1525     committees, political issues committees, and labor organizations, as defined in Section
1526     20A-11-1501.
1527          [(32)] (33) "Personal campaign committee" means the committee appointed by a
1528     candidate to act for the candidate as provided in this chapter.
1529          [(33)] (34) "Personal use expenditure" has the same meaning as provided under Section
1530     20A-11-104.
1531          [(34)] (35) (a) "Political action committee" means an entity, or any group of
1532     individuals or entities within or outside this state, a major purpose of which is to:
1533          (i) solicit or receive contributions from any other person, group, or entity for political
1534     purposes; or
1535          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1536     vote for or against any candidate or person seeking election to a municipal or county office.
1537          (b) "Political action committee" includes groups affiliated with a registered political
1538     party but not authorized or organized by the governing board of the registered political party
1539     that receive contributions or makes expenditures for political purposes.
1540          (c) "Political action committee" does not mean:
1541          (i) a party committee;
1542          (ii) any entity that provides goods or services to a candidate or committee in the regular
1543     course of its business at the same price that would be provided to the general public;
1544          (iii) an individual;
1545          (iv) individuals who are related and who make contributions from a joint checking
1546     account;

1547          (v) a corporation, except a corporation a major purpose of which is to act as a political
1548     action committee; or
1549          (vi) a personal campaign committee.
1550          [(35)] (36) (a) "Political consultant" means a person who is paid by a reporting entity,
1551     or paid by another person on behalf of and with the knowledge of the reporting entity, to
1552     provide political advice to the reporting entity.
1553          (b) "Political consultant" includes a circumstance described in Subsection [(35)]
1554     (36)(a)[,] where the person:
1555          (i) has already been paid, with money or other consideration;
1556          (ii) expects to be paid in the future, with money or other consideration; or
1557          (iii) understands that the person may, in the discretion of the reporting entity or another
1558     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
1559     money or other consideration.
1560          [(36)] (37) "Political convention" means a county or state political convention held by
1561     a registered political party to select candidates.
1562          [(37)] (38) (a) "Political issues committee" means an entity, or any group of individuals
1563     or entities within or outside this state, a major purpose of which is to:
1564          (i) solicit or receive donations from any other person, group, or entity to assist in
1565     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1566     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1567          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1568     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1569     proposed ballot proposition or an incorporation in an incorporation election; or
1570          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1571     ballot or to assist in keeping a ballot proposition off the ballot.
1572          (b) "Political issues committee" does not mean:
1573          (i) a registered political party or a party committee;
1574          (ii) any entity that provides goods or services to an individual or committee in the
1575     regular course of its business at the same price that would be provided to the general public;
1576          (iii) an individual;
1577          (iv) individuals who are related and who make contributions from a joint checking

1578     account;
1579          (v) a corporation, except a corporation a major purpose of which is to act as a political
1580     issues committee; or
1581          (vi) a group of individuals who:
1582          (A) associate together for the purpose of challenging a single ballot proposition,
1583     ordinance, or other governmental action by a county, city, town, local district, special service
1584     district, or other local political subdivision of the state;
1585          (B) have a common liberty, property, or financial interest that is directly impacted by
1586     the ballot proposition, ordinance, or other governmental action;
1587          (C) do not associate together, for the purpose described in Subsection [(37)]
1588     (38)(b)(vi)(A), via a legal entity;
1589          (D) do not receive funds for challenging the ballot proposition, ordinance, or other
1590     governmental action from a person other than an individual in the group; and
1591          (E) do not expend a total of more than $5,000 for the purpose described in Subsection
1592     [(37)] (38)(b)(vi)(A).
1593          [(38)] (39) (a) "Political issues contribution" means any of the following:
1594          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1595     anything of value given to a political issues committee;
1596          (ii) an express, legally enforceable contract, promise, or agreement to make a political
1597     issues donation to influence the approval or defeat of any ballot proposition;
1598          (iii) any transfer of funds received by a political issues committee from a reporting
1599     entity;
1600          (iv) compensation paid by another reporting entity for personal services rendered
1601     without charge to a political issues committee; and
1602          (v) goods or services provided to or for the benefit of a political issues committee at
1603     less than fair market value.
1604          (b) "Political issues contribution" does not include:
1605          (i) services provided without compensation by individuals volunteering a portion or all
1606     of their time on behalf of a political issues committee; or
1607          (ii) money lent to a political issues committee by a financial institution in the ordinary
1608     course of business.

1609          [(39)] (40) (a) "Political issues expenditure" means any of the following when made by
1610     a political issues committee or on behalf of a political issues committee by an agent of the
1611     reporting entity:
1612          (i) any payment from political issues contributions made for the purpose of influencing
1613     the approval or the defeat of:
1614          (A) a ballot proposition; or
1615          (B) an incorporation petition or incorporation election;
1616          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1617     the express purpose of influencing the approval or the defeat of:
1618          (A) a ballot proposition; or
1619          (B) an incorporation petition or incorporation election;
1620          (iii) an express, legally enforceable contract, promise, or agreement to make any
1621     political issues expenditure;
1622          (iv) compensation paid by a reporting entity for personal services rendered by a person
1623     without charge to a political issues committee; or
1624          (v) goods or services provided to or for the benefit of another reporting entity at less
1625     than fair market value.
1626          (b) "Political issues expenditure" does not include:
1627          (i) services provided without compensation by individuals volunteering a portion or all
1628     of their time on behalf of a political issues committee; or
1629          (ii) money lent to a political issues committee by a financial institution in the ordinary
1630     course of business.
1631          [(40)] (41) "Political purposes" means an act done with the intent or in a way to
1632     influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote
1633     for or against any:
1634          (a) candidate or a person seeking a municipal or county office at any caucus, political
1635     convention, or election; or
1636          (b) judge standing for retention at any election.
1637          [(41)] (42) (a) "Poll" means the survey of a person regarding the person's opinion or
1638     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
1639     ballot proposition that has legally qualified for placement on the ballot, which is conducted in

1640     person or by telephone, facsimile, Internet, postal mail, or email.
1641          (b) "Poll" does not include:
1642          (i) a ballot; or
1643          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
1644          (A) the focus group consists of more than three, and less than thirteen, individuals; and
1645          (B) all individuals in the focus group are present during the interview.
1646          [(42)] (43) "Primary election" means any regular primary election held under the
1647     election laws.
1648          [(43)] (44) "Publicly identified class of individuals" means a group of 50 or more
1649     individuals sharing a common occupation, interest, or association that contribute to a political
1650     action committee or political issues committee and whose names can be obtained by contacting
1651     the political action committee or political issues committee upon whose financial statement the
1652     individuals are listed.
1653          [(44)] (45) "Public office" means the office of governor, lieutenant governor, state
1654     auditor, state treasurer, attorney general, [state school board member] elected State Board of
1655     Education member, state senator, state representative, speaker of the House of Representatives,
1656     president of the Senate, and the leader, whip, and assistant whip of any party caucus in either
1657     house of the Legislature.
1658          [(45)] (46) (a) "Public service assistance" means the following when given or provided
1659     to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
1660     communicate with the officeholder's constituents:
1661          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1662     money or anything of value to an officeholder; or
1663          (ii) goods or services provided at less than fair market value to or for the benefit of the
1664     officeholder.
1665          (b) "Public service assistance" does not include:
1666          (i) anything provided by the state;
1667          (ii) services provided without compensation by individuals volunteering a portion or all
1668     of their time on behalf of an officeholder;
1669          (iii) money lent to an officeholder by a financial institution in the ordinary course of
1670     business;

1671          (iv) news coverage or any publication by the news media; or
1672          (v) any article, story, or other coverage as part of any regular publication of any
1673     organization unless substantially all the publication is devoted to information about the
1674     officeholder.
1675          [(46)] (47) "Receipts" means contributions and public service assistance.
1676          [(47)] (48) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
1677     Lobbyist Disclosure and Regulation Act.
1678          [(48)] (49) "Registered political action committee" means any political action
1679     committee that is required by this chapter to file a statement of organization with the Office of
1680     the Lieutenant Governor.
1681          [(49)] (50) "Registered political issues committee" means any political issues
1682     committee that is required by this chapter to file a statement of organization with the Office of
1683     the Lieutenant Governor.
1684          [(50)] (51) "Registered political party" means an organization of voters that:
1685          (a) participated in the last regular general election and polled a total vote equal to 2%
1686     or more of the total votes cast for all candidates for the United States House of Representatives
1687     for any of its candidates for any office; or
1688          (b) has complied with the petition and organizing procedures of Chapter 8, Political
1689     Party Formation and Procedures.
1690          [(51)] (52) (a) "Remuneration" means a payment:
1691          (i) made to a legislator for the period the Legislature is in session; and
1692          (ii) that is approximately equivalent to an amount a legislator would have earned
1693     during the period the Legislature is in session in the legislator's ordinary course of business.
1694          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1695          (i) the legislator's primary employer in the ordinary course of business; or
1696          (ii) a person or entity in the ordinary course of business:
1697          (A) because of the legislator's ownership interest in the entity; or
1698          (B) for services rendered by the legislator on behalf of the person or entity.
1699          [(52)] (53) "Reporting entity" means a candidate, a candidate's personal campaign
1700     committee, a judge, a judge's personal campaign committee, an officeholder, a party
1701     committee, a political action committee, a political issues committee, a corporation, or a labor

1702     organization, as defined in Section 20A-11-1501.
1703          [(53) "School board office" means the office of state school board.]
1704          (54) (a) "Source" means the person or entity that is the legal owner of the tangible or
1705     intangible asset that comprises the contribution.
1706          (b) "Source" means, for political action committees and corporations, the political
1707     action committee and the corporation as entities, not the contributors to the political action
1708     committee or the owners or shareholders of the corporation.
1709          (55) "State office" means the offices of governor, lieutenant governor, attorney general,
1710     state auditor, and state treasurer.
1711          (56) "State office candidate" means a person who:
1712          (a) files a declaration of candidacy for a state office; or
1713          (b) receives contributions, makes expenditures, or gives consent for any other person to
1714     receive contributions or make expenditures to bring about the person's nomination, election, or
1715     appointment to a state office.
1716          (57) "Summary report" means the year end report containing the summary of a
1717     reporting entity's contributions and expenditures.
1718          (58) "Supervisory board" means the individual or group of individuals that allocate
1719     expenditures from a political issues committee.
1720          Section 17. Section 20A-11-403 is amended to read:
1721          20A-11-403. Failure to file -- Penalties.
1722          (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
1723     governor shall review each filed summary report to ensure that:
1724          (a) each officeholder that is required to file a summary report has filed one; and
1725          (b) each summary report contains the information required by this part.
1726          (2) If it appears that any officeholder has failed to file the summary report required by
1727     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
1728     governor has received a written complaint alleging a violation of the law or the falsity of any
1729     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
1730     violation has occurred:
1731          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1732          (b) within five days of discovery of a violation or receipt of a written complaint, notify

1733     the officeholder of the violation or written complaint and direct the officeholder to file a
1734     summary report correcting the problem.
1735          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
1736     within seven days after receiving notice from the lieutenant governor under this section.
1737          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
1738     misdemeanor.
1739          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1740     attorney general.
1741          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
1742     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1743     (3)(a).
1744          (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
1745     under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[(c)](d), the
1746     lieutenant governor shall review each filed interim report to ensure that each interim report
1747     contains the information required for the report.
1748          (5) If it appears that any officeholder has failed to file an interim report required by
1749     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
1750     governor has received a written complaint alleging a violation of the law or the falsity of any
1751     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
1752     violation has occurred:
1753          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1754          (b) within five days after the day on which the violation is discovered or a written
1755     complaint is received, notify the officeholder of the violation or written complaint and direct
1756     the officeholder to file an interim report correcting the problem.
1757          (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
1758     within seven days after the day on which the officeholder receives notice from the lieutenant
1759     governor under this section.
1760          (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
1761     misdemeanor.
1762          (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
1763     attorney general.

1764          (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
1765     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1766     (6)(a).
1767          Section 18. Section 20A-11-1005 is amended to read:
1768          20A-11-1005. Fines for failing to file a financial statement.
1769          (1) Except as provided in Subsections 20A-11-512(1)(b) and (4), the chief election
1770     officer shall fine a filing entity $100 for failing to file a financial statement by the filing
1771     deadline.
1772          (2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a
1773     manner similar to Subsection 20A-9-201[(5)(d)](15), the chief election officer shall impose the
1774     fine against the candidate or treasurer, as appropriate.
1775          (3) The chief election officer shall deposit fines collected under this chapter in the
1776     General Fund.
1777          Section 19. Section 20A-11-1301 is amended to read:
1778          20A-11-1301. Candidate for office of elected State Board of Education member --
1779     Campaign finance requirements -- Candidate as a political action committee officer -- No
1780     personal use -- Contribution reporting deadline -- Report other accounts -- Anonymous
1781     contributions.
1782          (1) (a) (i) Each [school board office] candidate for the office of elected State Board of
1783     Education member shall deposit each contribution and public service assistance received in one
1784     or more separate accounts in a financial institution that are dedicated only to that purpose.
1785          (ii) A [school board office] candidate for the office of elected State Board of Education
1786     member may:
1787          (A) receive a contribution or public service assistance from a political action
1788     committee registered under Section 20A-11-601; and
1789          (B) be designated by a political action committee as an officer who has primary
1790     decision-making authority as described in Section 20A-11-601.
1791          (b) A [school board office] candidate for the office of elected State Board of Education
1792     member may not use money deposited in an account described in Subsection (1)(a)(i) for:
1793          (i) a personal use expenditure; or
1794          (ii) an expenditure prohibited by law.

1795          (2) A [school board office] candidate for the office of elected State Board of Education
1796     member may not deposit or mingle any contributions or public service assistance received into
1797     a personal or business account.
1798          (3) A [school board office] candidate for the office of elected State Board of Education
1799     member may not make any political expenditures prohibited by law.
1800          (4) If [a person] an individual who is no longer a [school board] candidate for the
1801     office of elected State Board of Education member chooses not to expend the money remaining
1802     in a campaign account, the [person] individual shall continue to file the year-end summary
1803     report required by Section 20A-11-1302 until the statement of dissolution and final summary
1804     report required by Section 20A-11-1304 are filed with the lieutenant governor.
1805          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, [a person] an
1806     individual who is no longer a [school board] candidate for the office of elected State Board of
1807     Education member may not expend or transfer the money in a campaign account in a manner
1808     that would cause the former [school board] candidate for the office of elected State Board of
1809     Education member to recognize the money as taxable income under federal tax law.
1810          (b) [A person] An individual who is no longer a [school board] candidate for the office
1811     of elected State Board of Education member may transfer the money in a campaign account in
1812     a manner that would cause the former [school board] candidate for the office of elected State
1813     Board of Education member to recognize the money as taxable income under federal tax law if
1814     the transfer is made to a campaign account for federal office.
1815          (6) (a) As used in this Subsection (6) [and Section 20A-11-1303], "received" [means:]
1816     means the same as that term is defined in Subsection 20A-11-1303(1)(a).
1817          [(i) for a cash contribution, that the cash is given to a school board office candidate or a
1818     member of the candidate's personal campaign committee;]
1819          [(ii) for a contribution that is a negotiable instrument or check, that the negotiable
1820     instrument or check is negotiated; and]
1821          [(iii) for any other type of contribution, that any portion of the contribution's benefit
1822     inures to the school board office candidate.]
1823          (b) Each [school board office] candidate for the office of elected State Board of
1824     Education member shall report to the chief election officer each contribution and public service
1825     assistance received by the [school board office] candidate for the office of elected State Board

1826     of Education member:
1827          (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
1828     the contribution or public service assistance is received; or
1829          (ii) within three business days after the day on which the contribution or public service
1830     assistance is received, if:
1831          (A) the [school board office] candidate for the office of elected State Board of
1832     Education member is contested in a primary election and the contribution or public service
1833     assistance is received within 30 days before the day on which the primary election is held; or
1834          (B) the [school board office] candidate for the office of elected State Board of
1835     Education member is contested in a general election and the contribution or public service
1836     assistance is received within 30 days before the day on which the general election is held.
1837          (c) For each contribution or provision of public service assistance that a [school board
1838     office] candidate for the office of elected State Board of Education member fails to report
1839     within the time period described in Subsection (6)(b), the chief election officer shall impose a
1840     fine against the [school board office] candidate for the office of elected State Board of
1841     Education member in an amount equal to:
1842          (i) (A) 10% of the amount of the contribution, if the [school board office] candidate for
1843     the office of elected State Board of Education member reports the contribution within 60 days
1844     after the day on which the time period described in Subsection (6)(b) ends; or
1845          (B) 20% of the amount of the contribution, if the [school board office] candidate for
1846     the office of elected State Board of Education member fails to report the contribution within 60
1847     days after the day on which the time period described in Subsection (6)(b) ends; or
1848          (ii) (A) 10% of the value of the public service assistance, if the [school board office]
1849     candidate for the office of elected State Board of Education member reports the public service
1850     assistance within 60 days after the day on which the time period described in Subsection (6)(b)
1851     ends; or
1852          (B) 20% of the amount of the public service assistance, if the [school board office]
1853     candidate for the office of elected State Board of Education member fails to report the public
1854     service assistance within 60 days after the day on which the time period described in
1855     Subsection (6)(b) ends.
1856          (d) The chief election officer shall:

1857          (i) deposit money received under Subsection (6)(c) into the General Fund; and
1858          (ii) report on the chief election officer's website, in the location where reports relating
1859     to each [school board office] candidate for the office of elected State Board of Education
1860     member are available for public access:
1861          (A) each fine imposed by the chief election officer against the [school board office]
1862     candidate for the office of elected State Board of Education member;
1863          (B) the amount of the fine;
1864          (C) the amount of the contribution to which the fine relates; and
1865          (D) the date of the contribution.
1866          (7) Within 30 days after receiving a contribution that is cash or a negotiable
1867     instrument, exceeds $50, and is from an unknown source, a [school board office] candidate for
1868     the office of elected State Board of Education member shall disburse the contribution to:
1869          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1870     political subdivision's general fund; or
1871          (b) an organization that is exempt from federal income taxation under Section
1872     501(c)(3), Internal Revenue Code.
1873          (8) (a) As used in this Subsection (8), "account" means an account in a financial
1874     institution:
1875          (i) that is not described in Subsection (1)(a)(i); and
1876          (ii) into which or from which [a person] an individual who, as a candidate for an office,
1877     other than [a school board office] the office of elected State Board of Education member for
1878     which the person files a declaration of candidacy or federal office, or as a holder of an office,
1879     other than [a school board office] the office of elected State Board of Education member for
1880     which the person files a declaration of candidacy or federal office, deposits a contribution or
1881     makes an expenditure.
1882          (b) A [school board office] candidate for the office of elected State Board of Education
1883     member shall include on any financial statement filed in accordance with this part:
1884          (i) a contribution deposited in an account:
1885          (A) since the last campaign finance statement was filed; or
1886          (B) that has not been reported under a statute or ordinance that governs the account; or
1887          (ii) an expenditure made from an account:

1888          (A) since the last campaign finance statement was filed; or
1889          (B) that has not been reported under a statute or ordinance that governs the account.
1890          Section 20. Section 20A-11-1302 is amended to read:
1891          20A-11-1302. Candidate for the office of elected State Board of Education
1892     member -- Financial reporting requirements -- Year-end summary report.
1893          (1) (a) Each [school board office] candidate for the office of elected State Board of
1894     Education member shall file a summary report by January 10 of the year after the regular
1895     general election year.
1896          (b) In addition to the requirements of Subsection (1)(a), a former [school board office]
1897     candidate for the office of elected State Board of Education member that has not filed the
1898     statement of dissolution and final summary report required under Section 20A-11-1304 shall
1899     continue to file a summary report on January 10 of each year.
1900          (2) (a) Each summary report shall include the following information as of December 31
1901     of the previous year:
1902          (i) the net balance of the last financial statement, if any;
1903          (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1904     if any, during the previous year;
1905          (iii) a single figure equal to the total amount of expenditures reported on all interim
1906     reports, if any, filed during the previous year;
1907          (iv) a detailed listing of each receipt, contribution, and public service assistance since
1908     the last summary report that has not been reported in detail on an interim report;
1909          (v) for each nonmonetary contribution:
1910          (A) the fair market value of the contribution with that information provided by the
1911     contributor; and
1912          (B) a specific description of the contribution;
1913          (vi) a detailed listing of each expenditure made since the last summary report that has
1914     not been reported in detail on an interim report;
1915          (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1916          (viii) a net balance for the year consisting of the net balance from the last summary
1917     report, if any, plus all receipts minus all expenditures; and
1918          (ix) the name of a political action committee for which the [school board office]

1919     candidate for the office of elected State Board of Education member is designated as an officer
1920     who has primary decision-making authority under Section 20A-11-601.
1921          (b) (i) For all individual contributions or public service assistance of $50 or less, a
1922     single aggregate figure may be reported without separate detailed listings.
1923          (ii) Two or more contributions from the same source that have an aggregate total of
1924     more than $50 may not be reported in the aggregate, but shall be reported separately.
1925          (c) In preparing the report, all receipts and expenditures shall be reported as of
1926     December 31 of the previous year.
1927          (d) A check or negotiable instrument received by a [school board office] candidate for
1928     the office of elected State Board of Education member on or before December 31 of the
1929     previous year shall be included in the summary report.
1930          (3) The [school board office] candidate for the office of elected State Board of
1931     Education member shall certify in the summary report that, to the best of the [school board
1932     office] candidate's knowledge, all receipts and all expenditures have been reported as of
1933     December 31 of the previous year and that there are no bills or obligations outstanding and
1934     unpaid except as set forth in that report.
1935          Section 21. Section 20A-11-1303 is amended to read:
1936          20A-11-1303. Candidate and officeholder for the office of elected State Board of
1937     Education member -- Financial reporting requirements -- Interim reports.
1938          (1) (a) As used in this section, "received" means:
1939          (i) for a cash contribution, that the cash is given to a candidate for the office of elected
1940     State Board of Education member or a member of the candidate's personal campaign
1941     committee;
1942          (ii) for a contribution that is a check or other negotiable instrument, that the check or
1943     other negotiable instrument is negotiated; and
1944          (iii) for any other type of contribution, that any portion of the contribution's benefit
1945     inures to the candidate for the office of elected State Board of Education member.
1946          (b) As used in this Subsection (1), "campaign account" means a separate campaign
1947     account required under Subsection 20A-11-1301(1)(a)(i).
1948          [(b)] (c) Each [school board office] candidate for the office of elected State Board of
1949     Education member shall file an interim report at the following times in any year in which the

1950     candidate has filed a declaration of candidacy for a public office:
1951          (i) (A) for a candidate for the office of nonpartisan State Board of Education member,
1952     May 15; or
1953          (B) for a candidate for the office of partisan State Board of Education member, seven
1954     days before the candidate's political convention;
1955          (ii) seven days before the regular primary election date;
1956          (iii) September 30; and
1957          (iv) seven days before the regular general election date.
1958          [(c)] (d) Each [school board office holder] elected State Board of Education
1959     officeholder who has a campaign account that has not been dissolved under Section
1960     20A-11-1304 shall, in an even year, file an interim report at the following times, regardless of
1961     whether an election for the school board office holder's office is held that year:
1962          (i) May 15;
1963          (ii) seven days before the regular primary election date for that year;
1964          (iii) September 30; and
1965          (iv) seven days before the regular general election date.
1966          (2) Each interim report shall include the following information:
1967          (a) the net balance of the last summary report, if any;
1968          (b) a single figure equal to the total amount of receipts reported on all prior interim
1969     reports, if any, during the calendar year in which the interim report is due;
1970          (c) a single figure equal to the total amount of expenditures reported on all prior
1971     interim reports, if any, filed during the calendar year in which the interim report is due;
1972          (d) a detailed listing of each contribution and public service assistance received since
1973     the last summary report that has not been reported in detail on a prior interim report;
1974          (e) for each nonmonetary contribution:
1975          (i) the fair market value of the contribution with that information provided by the
1976     contributor; and
1977          (ii) a specific description of the contribution;
1978          (f) a detailed listing of each expenditure made since the last summary report that has
1979     not been reported in detail on a prior interim report;
1980          (g) for each nonmonetary expenditure, the fair market value of the expenditure;

1981          (h) a net balance for the year consisting of the net balance from the last summary
1982     report, if any, plus all receipts since the last summary report minus all expenditures since the
1983     last summary report;
1984          (i) a summary page in the form required by the lieutenant governor that identifies:
1985          (i) beginning balance;
1986          (ii) total contributions during the period since the last statement;
1987          (iii) total contributions to date;
1988          (iv) total expenditures during the period since the last statement; and
1989          (v) total expenditures to date; and
1990          (j) the name of a political action committee for which the school board office candidate
1991     or school board office holder is designated as an officer who has primary decision-making
1992     authority under Section 20A-11-601.
1993          (3) (a) For all individual contributions or public service assistance of $50 or less, a
1994     single aggregate figure may be reported without separate detailed listings.
1995          (b) Two or more contributions from the same source that have an aggregate total of
1996     more than $50 may not be reported in the aggregate, but shall be reported separately.
1997          (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1998     as of five days before the required filing date of the report.
1999          (b) Any negotiable instrument or check received by a school board office candidate or
2000     school board office holder more than five days before the required filing date of a report
2001     required by this section shall be included in the interim report.
2002          Section 22. Section 20A-11-1304 is amended to read:
2003          20A-11-1304. Candidate for office of elected State Board of Education member --
2004     Financial reporting requirements -- Termination of duty to report.
2005          (1) Each [school board] candidate for the office of elected State Board of Education
2006     member is subject to interim reporting requirements until the candidate withdraws or is
2007     eliminated in a primary.
2008          (2) Each [school board office] candidate for the office of elected State Board of
2009     Education member is subject to year-end summary reporting requirements until the candidate
2010     has filed a statement of dissolution with the lieutenant governor stating that:
2011          (a) the [school board office] candidate is no longer receiving contributions and is no

2012     longer making expenditures;
2013          (b) the ending balance on the last summary report filed is zero and the balance in the
2014     separate bank account required in Section 20A-11-1301 is zero; and
2015          (c) a final summary report in the form required by Section 20A-11-1302 showing a
2016     zero balance is attached to the statement of dissolution.
2017          (3) A statement of dissolution and a final summary report may be filed at any time.
2018          (4) Each [school board office] candidate for the office of elected State Board of
2019     Education member shall continue to file the year-end summary report required by Section
2020     20A-11-1302 until the statement of dissolution and final summary report required by this
2021     section are filed.
2022          Section 23. Section 20A-11-1305 is amended to read:
2023          20A-11-1305. Candidate for office of elected State Board of Education member --
2024     Failure to file statement -- Penalties.
2025          (1) (a) A [school board office] candidate for the office of elected State Board of
2026     Education member who fails to file a financial statement by the deadline is subject to a fine
2027     imposed in accordance with Section 20A-11-1005.
2028          (b) If a [school board office] candidate for the office of elected State Board of
2029     Education member fails to file an interim report described in [Subsections] Subsection
2030     20A-11-1303(1)[(b)(ii) through (iv)], the chief election officer shall, after making a reasonable
2031     attempt to discover if the report was timely filed, inform the county clerk and other appropriate
2032     election officials who:
2033          (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
2034     the ballots are delivered to voters; or
2035          (B) shall, if removing the candidate's name from the ballot is not practicable, inform
2036     the voters by any practicable method that the candidate has been disqualified and that votes
2037     cast for the candidate will not be counted; and
2038          (ii) may not count any votes for that candidate.
2039          (c) Any [school board office] candidate for the office of elected State Board of
2040     Education member who fails to file timely a financial statement required by Subsection
2041     20A-11-1303(1)[(b)(ii), (iii), or (iv)](c) is disqualified.
2042          (d) Notwithstanding Subsections (1)(b) and (1)(c), a [school board office] candidate for

2043     the office of elected State Board of Education member is not disqualified and the chief election
2044     officer may not impose a fine if:
2045          (i) the candidate timely files the reports required by this section in accordance with
2046     Section 20A-11-103;
2047          (ii) those reports are completed, detailing accurately and completely the information
2048     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
2049     and
2050          (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
2051     corrected in:
2052          (A) an amended report; or
2053          (B) the next scheduled report.
2054          (2) (a) Within 30 days after a deadline for the filing of a summary report by a [school
2055     board office] candidate for the office of elected State Board of Education member, the
2056     lieutenant governor shall review each filed summary report to ensure that:
2057          (i) each [school board candidate that] candidate for the office of elected State Board of
2058     Education member who is required to file a summary report has filed one; and
2059          (ii) each summary report contains the information required by this part.
2060          (b) If it appears that a [school board] candidate for the office of elected State Board of
2061     Education member has failed to file the summary report required by law, if it appears that a
2062     filed summary report does not conform to the law, or if the lieutenant governor has received a
2063     written complaint alleging a violation of the law or the falsity of any summary report, the
2064     lieutenant governor shall, within five days of discovery of a violation or receipt of a written
2065     complaint, notify the [school board] candidate of the violation or written complaint and direct
2066     the [school board] candidate to file a summary report correcting the problem.
2067          (c) (i) It is unlawful for a [school board] candidate for the office of elected State Board
2068     of Education member to fail to file or amend a summary report within seven days after
2069     receiving notice from the lieutenant governor under this section.
2070          (ii) Each [school board] candidate for the office of elected State Board of Education
2071     member who violates Subsection (2)(c)(i) is guilty of a class B misdemeanor.
2072          (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
2073     attorney general.

2074          (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
2075     governor shall impose a civil fine of $100 against a [school board] candidate for the office of
2076     elected State Board of Education member who violates Subsection (2)(c)(i).
2077          Section 24. Section 20A-14-101.1 is amended to read:
2078     
CHAPTER 14. ELECTION OF STATE BOARD OF EDUCATION AND

2079     
LOCAL SCHOOL BOARDS

2080          20A-14-101.1. Title -- Definitions.
2081          (1) This chapter is known as "Election of State Board of Education and Local School
2082     Boards."
2083          (2) As used in this part[: (1) "Board"], "board" means the State Board of Education.
2084          [(2) "Board block assignment file" means the electronic file that assigns each of Utah's
2085     115, 406 census blocks to a particular State Board of Education district.]
2086          [(3) "Board shapefile" means the electronic shapefile that stores the boundary of each
2087     of the 15 State Board of Education districts.]
2088          [(4) "Census block" means any one of the 115, 406 individual geographic areas into
2089     which the Bureau of the Census of the United States Department of Commerce has divided the
2090     state of Utah, to each of which the Bureau of the Census has attached a discrete population
2091     tabulation from the 2010 decennial census.]
2092          [(5) "Shapefile" means the digital vector storage format for storing geometric location
2093     and associated attribute information.]
2094          Section 25. Section 20A-14-103 is amended to read:
2095          20A-14-103. State Board of Education members -- State Board of Education
2096     districts established -- Qualifications -- Avoiding conflicts of interest.
2097          [(1) (a) Unless otherwise provided by law, each State Board of Education member
2098     elected from a State Board of Education District at the 2010 general election shall:]
2099          [(i) serve out the term of office for which that member was elected; and]
2100          [(ii) represent the realigned district if the member resides in that district.]
2101          [(b) At the general election to be held in 2012, a State Board of Education member
2102     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
2103     to serve a term of office of four years.]
2104          [(c) In order to ensure that the terms of approximately half of the State Board of

2105     Education members expire every two years:]
2106          [(i) at the general election to be held in 2012, the State Board of Education member
2107     elected from State Board of Education District 1 shall be elected to serve a term of office of
2108     two years; and]
2109          [(ii) at the general election to be held in 2014, the State Board of Education member
2110     elected from State Board of Education District 1 shall be elected to serve a term of office of
2111     four years.]
2112          (1) The term of office for each individual elected or appointed to the office of State
2113     Board of Education member before the 2018 general election ends on December 31, 2018.
2114          (2) There are four State Board of Education districts, as follows:
2115          (a) State Board of Education District 1 is the same as the first congressional district;
2116          (b) State Board of Education District 2 is the same as the second congressional district;
2117          (c) State Board of Education District 3 is the same as the third congressional district;
2118     and
2119          (d) State Board of Education District 4 is the same as the fourth congressional district.
2120          (3) The State Board of Education is composed of 13 members, as described in Section
2121     53A-1-201.
2122          [(2)] (4) (a) A person seeking election to the State Board of Education shall have been
2123     a resident of the State Board of Education district in which the person is seeking election for at
2124     least one year as of the date of the election.
2125          (b) A person who has resided within the State Board of Education district, as the
2126     boundaries of the district exist on the date of the election, for one year immediately preceding
2127     the date of the election shall be considered to have met the requirements of this Subsection (2).
2128          [(3)] (5) A State Board of Education member shall:
2129          (a) be and remain a registered voter in the State Board of Education district from which
2130     the member was elected or appointed; and
2131          (b) maintain the member's primary residence within the State Board of Education
2132     district from which the member was elected or appointed during the member's term of office.
2133          [(4)] (6) A State Board of Education member may not, during the member's term of
2134     office, also serve as an employee of:
2135          (a) the State Board of Education;

2136          (b) the Utah State Office of Education; or
2137          (c) the Utah State Office of Rehabilitation.
2138          (7) The provisions of Section 20A-9-403 do not apply to the election of a nonpartisan
2139     State Board of Education member. The election of a nonpartisan State Board of Education
2140     member is governed by this chapter.
2141          Section 26. Section 20A-14-104 is amended to read:
2142          20A-14-104. Becoming a candidate for the office of nonpartisan State Board of
2143     Education member.
2144          (1) [(a) Persons interested in becoming] An individual who desires to be a candidate
2145     for the office of nonpartisan State Board of Education member shall:
2146          (a) file a declaration of candidacy [according to] in person with the filing officer:
2147          (i) on or after January 1 of the regular general election year and before the individual
2148     circulates a nomination petition described in Section 20A-14-104.5; and
2149          (ii) in accordance with the procedures and requirements of Sections 20A-9-201 and
2150     20A-9-202[.]; and
2151          [(b) By May 1 of the year in which a State Board of Education member's term expires,
2152     the lieutenant governor shall submit the name of each person who has filed a declaration of
2153     candidacy for the State Board of Education to the nominating and recruiting committee for the
2154     State Board of Education.]
2155          (b) pay the filing fee.
2156          [(2) By November 1 of the year preceding each regular general election year, a
2157     nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
2158     shall be appointed by the governor as follows:]
2159          [(a) one member shall be appointed to represent each of the following business and
2160     industry sectors:]
2161          [(i) manufacturing and mining;]
2162          [(ii) transportation and public utilities;]
2163          [(iii) service, trade, and information technology;]
2164          [(iv) finance, insurance, and real estate;]
2165          [(v) construction; and]
2166          [(vi) agriculture; and]

2167          [(b) one member shall be appointed to represent each of the following education
2168     sectors:]
2169          [(i) teachers;]
2170          [(ii) school administrators;]
2171          [(iii) parents;]
2172          [(iv) local school board members;]
2173          [(v) charter schools; and]
2174          [(vi) higher education.]
2175          [(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
2176     through (vi) shall be appointed from lists containing at least two names submitted by
2177     organizations representing each of the respective sectors.]
2178          [(b) At least one member of the nominating and recruiting committee shall reside
2179     within each state board district in which a member's term expires during the committee's
2180     two-year term of office.]
2181          [(4) (a) The members shall elect one member to serve as chair for the committee.]
2182          [(b) The chair, or another member of the committee designated by the chair, shall
2183     schedule and convene all committee meetings.]
2184          [(c) Any formal action by the committee requires the approval of a majority of
2185     committee members.]
2186          [(d) Members of the nominating and recruiting committee shall serve without
2187     compensation, but they may be reimbursed for expenses incurred in the performance of their
2188     official duties as established by the Division of Finance.]
2189          [(5) The nominating and recruiting committee shall:]
2190          [(a) recruit potential candidates for membership on the State Board of Education prior
2191     to the deadline to file a declaration of candidacy;]
2192          [(b) prepare a list of candidates for membership on the State Board of Education for
2193     each state board district subject to election in that year using the qualifications under
2194     Subsection (6);]
2195          [(c) submit a list of at least three candidates for each state board position to the
2196     governor by July 1; and]
2197          [(d) ensure that the list includes appropriate background information on each

2198     candidate.]
2199          [(6) The nominating committee shall select a broad variety of candidates who possess
2200     outstanding professional qualifications relating to the powers and duties of the State Board of
2201     Education, including experience in the following areas:]
2202          [(a) business and industry administration;]
2203          [(b) business and industry human resource management;]
2204          [(c) business and industry finance;]
2205          [(d) business and industry, including expertise in:]
2206          [(i) metrics and evaluation;]
2207          [(ii) manufacturing;]
2208          [(iii) retailing;]
2209          [(iv) natural resources;]
2210          [(v) information technology;]
2211          [(vi) construction;]
2212          [(vii) banking;]
2213          [(viii) science and engineering; and]
2214          [(ix) medical and healthcare;]
2215          [(e) higher education administration;]
2216          [(f) applied technology education;]
2217          [(g) public education administration;]
2218          [(h) public education instruction;]
2219          [(i) economic development;]
2220          [(j) labor; and]
2221          [(k) other life experiences that would benefit the State Board of Education.]
2222          (2) (a) Each county clerk who receives a declaration of candidacy described in this
2223     section from a candidate for multicounty office shall transmit the filing fee and a copy of the
2224     candidate's declaration of candidacy to the lieutenant governor within one working day after the
2225     day on which the candidate files the declaration of candidacy.
2226          (b) Each day during the filing period, each county clerk shall notify the lieutenant
2227     governor electronically or by telephone of candidates who have filed a declaration of candidacy
2228     described in this section in the county clerk's office.

2229          (3) (a) A declaration of candidacy filed under this section is valid unless an individual
2230     files a written objection with the clerk or lieutenant governor within five days after the day of
2231     the deadline for filing a declaration of candidacy.
2232          (b) If an individual files an objection, the clerk or lieutenant governor shall:
2233          (i) immediately mail or personally deliver notice of the objection to the affected
2234     candidate; and
2235          (ii) decide any objection within 48 hours after the objection is filed.
2236          (c) If the clerk or lieutenant governor sustains the objection, the candidate may, if
2237     possible, cure the problem by amending the declaration or nomination petition, or by filing a
2238     new declaration, within three days after the day on which the objection is sustained.
2239          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
2240          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
2241     by a district court if prompt application is made to the court.
2242          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
2243     of discretion, agrees to review the lower court decision.
2244          (4) A candidate may withdraw as a candidate by filing a written affidavit with the
2245     clerk.
2246          (5) Notwithstanding Subsection (1)(a), and subject to Subsection 20A-9-201(12)(b), an
2247     individual may designate an agent to file the form described in Subsection 20A-9-201(12) in
2248     person with the filing officer if:
2249          (a) the individual is located outside the state during the filing period because:
2250          (i) of employment with the state or the United States; or
2251          (ii) the individual is a member of:
2252          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
2253     Coast Guard of the United States, and is on active duty;
2254          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
2255     commissioned corps of the National Oceanic and Atmospheric Administration of the United
2256     States; or
2257          (C) the National Guard and is on activated status;
2258          (b) the individual communicates with the filing officer using an electronic device that
2259     allows the individual and the filing officer to see and hear each other; and

2260          (c) the individual provides the filing officer with an email address to which the filing
2261     officer may send the copies described in Subsection 20A-9-201(9).
2262          Section 27. Section 20A-14-104.5 is enacted to read:
2263          20A-14-104.5. Signature-gathering process for office of nonpartisan State Board
2264     of Education member -- Verification of signatures -- Placement on ballot.
2265          (1) A candidate who is seeking placement on the ballot for the office of nonpartisan
2266     State Board of Education member shall, after complying with the requirements of Subsection
2267     20A-14-104(1):
2268          (a) during the period beginning on January 1 of an even-numbered year and ending at 5
2269     p.m. on the last business day in March, collect signatures of at least 2,000 registered voters
2270     who reside in the same State Board of Education district as the candidate;
2271          (b) collect the signatures described in Subsection (1)(a) on a nomination petition form
2272     created by the lieutenant governor's office, in accordance with, and subject to, the same
2273     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
2274          (c) submit the signatures described in Subsection (1)(a) to the election officer no later
2275     than 5 p.m. on the last business day in March.
2276          (2) Upon timely receipt of the signatures described in this section, the election officer
2277     shall, no later than 14 days after the day on which the election officer receives the signatures:
2278          (a) check the name of each individual who completes the verification for a signature
2279     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
2280          (b) submit the name of each individual described in Subsection (2)(a) who is not a
2281     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
2282          (c) determine whether each signer is a registered voter who is qualified to sign the
2283     nomination petition form, using the same method described in Section 20A-7-206.3 to verify a
2284     signature on a petition;
2285          (d) certify whether each name is the name of a registered voter who is qualified to sign
2286     the signature packet; and
2287          (e) certify the candidate for placement on the ballot if the election officer determines
2288     that the candidate:
2289          (i) has complied with the requirements of this section and Section 20A-14-104; and
2290          (ii) obtained the signatures described in Subsection (1)(a).

2291          (3) (a) If more than two candidates for the office of nonpartisan State Board of
2292     Education member qualify to be placed on the ballot for one State Board of Education District,
2293     the election officer shall certify the candidates for placement on the regular primary election
2294     ballot.
2295          (b) The election officer shall place the names of the two candidates for the office of
2296     nonpartisan State Board of Education member who receive the highest number of votes in a
2297     primary election for a State Board of Education District on the general election ballot.
2298          (c) If only one or two candidates for the office of nonpartisan State Board of Education
2299     member qualify to be placed on the ballot for one State Board of Education District, the
2300     election officer:
2301          (i) shall certify the name of each candidate for placement on the regular general
2302     election ballot; and
2303          (ii) may not place the name of a candidate described in Subsection (3)(c)(i) on the
2304     primary election ballot.
2305          Section 28. Section 53A-1-201 is amended to read:
2306          53A-1-201. State Board of Education members -- Election and appointment of
2307     officers -- Removal from office.
2308          [(1) Members of the State Board of Education shall be nominated and elected as
2309     provided in Title 20A, Chapter 14, Nomination and Election of State and Local School
2310     Boards.]
2311          (1) The State Board of Education is composed of 13 members, as follows:
2312          (a) four members shall be elected in a nonpartisan election, one from each
2313     congressional district, in accordance with Title 20A, Chapter 14, Nomination and Election of
2314     State and Local School Boards;
2315          (b) four members shall be elected in a partisan election, one from each congressional
2316     district; and
2317          (c) five nonpartisan, at-large members shall be appointed by the governor, with the
2318     consent of the Senate.
2319          (2) An individual who has been convicted of a grievous sexual offense, as defined in
2320     Section 76-1-601, against a child, may not hold the office of State Board of Education member.
2321          (3) In appointing the at-large members of the State Board of Education, the governor:

2322          (a) may not appoint an individual who is a resident of the same county as any other
2323     at-large member of the State Board of Education;
2324          (b) may not appoint an at-large member who is a resident of a county of the first,
2325     second, or third class, if less than three members of the State Board of Education are residents
2326     of a county of the fourth, fifth, or sixth class; and
2327          (c) may not appoint an individual to serve more than two consecutive terms.
2328          (4) (a) Four partisan State Board of Education members and four nonpartisan State
2329     Board of Education members shall be elected in the 2018 general election for terms beginning
2330     on January 1, 2019.
2331          (b) The following partisan State Board of Education members elected in the 2018
2332     general election shall serve initial terms of two years:
2333          (i) State Board of Education District 1; and
2334          (ii) State Board of Education District 2.
2335          (c) In the 2020 general election, and every four years after the 2020 general election,
2336     the State Board of Education members described in Subsection (4)(b) shall be elected to
2337     four-year terms.
2338          (d) The following partisan State Board of Education members elected in the 2018
2339     general election shall serve initial terms of four years, and shall be elected every four years
2340     after the 2018 general election to four-year terms:
2341          (i) State Board of Education District 3; and
2342          (ii) State Board of Education District 4.
2343          (e) The following nonpartisan State Board of Education members elected in the 2018
2344     general election shall serve initial terms of two years:
2345          (i) State Board of Education District 3; and
2346          (ii) State Board of Education District 4.
2347          (f) In the 2020 general election, and every four years after the 2020 general election,
2348     the State Board of Education members described in Subsection (4)(e) shall be elected to
2349     four-year terms.
2350          (g) The following nonpartisan State Board of Education members elected in the 2018
2351     general election shall serve initial terms of four years, and shall be elected every four years
2352     after the 2018 general election to four-year terms:

2353          (i) State Board of Education District 1; and
2354          (ii) State Board of Education District 2.
2355          (h) The governor shall appoint three of the State Board of Education members
2356     described in Subsection (1)(c) to serve initial terms of two years and two of the State Board of
2357     Education members described in Subsection (1)(c) to serve initial terms of four years.
2358          (i) Following the initial terms described in Subsection (4)(h), the governor shall
2359     appoint State Board of Education members described in Subsection (1)(c) to four-year terms.
2360          [(2)] (5) The State Board of Education shall elect from its members a chair, and at least
2361     one vice chair, but no more than three vice chairs, each year at a meeting held any time
2362     between November 15 and January 15.
2363          [(3)] (6) (a) If the election of officers is held subsequent to the election or the
2364     appointment and consent of a new member of the board, but prior to the time that the new
2365     member takes office, the new member shall assume the position of the outgoing member for
2366     purposes of the election of officers.
2367          (b) In all other matters the outgoing member shall retain the full authority of the office
2368     until replaced as provided by law.
2369          [(4)] (7) The [duties of these officers shall be determined by the] board shall determine
2370     the duties of the officers described in Subsection (5).
2371          [(5)] (8) The board shall appoint a secretary who serves at the pleasure of the board.
2372          [(6)] (9) An officer appointed or elected by the board under this section may be
2373     removed from office for cause by a vote of two-thirds of the board.
2374          Section 29. Section 63I-1-220 is amended to read:
2375          63I-1-220. Repeal dates, Title 20A.
2376          On January 1, 2017:
2377          (1) Subsection 20A-1-102[(54)](57) is repealed.
2378          (2) Subsection 20A-2-102.5(1) the language that states "20A-4-108, or" is repealed.
2379          (3) Subsection 20A-2-201(3) the language that states "Except as provided in
2380     Subsection 20A-4-108(5)," is repealed.
2381          (4) Subsection 20A-2-202(3)(a) the language that states "Except as provided in
2382     Subsection 20A-4-108(6)," is repealed.
2383          (5) Subsection 20A-2-204(5)(a) the language that states "Except as provided in

2384     Subsection 20A-4-108(7)," is repealed.
2385          (6) Subsection 20A-2-205(7)(a) the language that states "Except as provided in
2386     Subsection 20A-4-108(8)," is repealed.
2387          (7) Subsection 20A-2-206(8)(b) the language that states "Except as provided in
2388     Subsection 20A-4-108(9)," is repealed.
2389          (8) Subsection 20A-2-307(2)(a) is repealed.
2390          (9) Subsection 20A-4-107(2)(b) the language that states "Except as provided in
2391     Subsection 20A-4-108(10)," is repealed.
2392          (10) Subsection 20A-4-107(3) the language that states "or if the voter is, in accordance
2393     with the pilot project, registered to vote under Subsection 20A-4-108(10)," is repealed.
2394          (11) Subsection 20A-4-107(4) the language that states "Except as provided in
2395     Subsection 20A-4-108(12)," is repealed.
2396          (12) Section 20A-4-108 is repealed.
2397          Section 30. Repealer.
2398          This bill repeals:
2399          Section 20A-14-102, State Board of Education districts.
2400          Section 20A-14-102.1, Omissions from maps -- How resolved.
2401          Section 20A-14-102.2, Uncertain boundaries -- How resolved.
2402          Section 20A-14-102.3, County clerk, Automated Geographic Reference Center,
2403     and lieutenant governor responsibilities -- Maps and voting precinct boundaries.
2404          Section 20A-14-105, Becoming a candidate for membership on the State Board of
2405     Education -- Selection of candidates by the governor -- Ballot placement.
2406          Section 20A-14-106, Vacancies on the State Board of Education.
2407          Section 31. Effective date.
2408          This bill takes effect on January 1, 2017, if the amendment to the Utah Constitution
2409     proposed by S.J.R. 1, Proposal to Amend Utah Constitution -- State Board of Education
2410     Changes, 2016 General Session, passes the Legislature and is approved by a majority of those
2411     voting on the amendment at the next regular general election.







Legislative Review Note
Office of Legislative Research and General Counsel