Representative Bradley G. Last proposes the following substitute bill:


1     
STATE BOARD OF EDUCATION CANDIDATE SELECTION

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code relating to the election of State Board
10     of Education members.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals provisions relating to the Nominating and Recruiting Committee for the
14     office of State Board of Education member;
15          ▸     for the 2016 election year only, provides that candidates for the office of State
16     Board of Education member participate in a nonpartisan primary election to narrow
17     the number of candidates who participate in the general election;
18          ▸     beginning with the 2018 election year:
19               •     provides that members of the State Board of Education are elected through
20     partisan election; and
21               •     modifies the reporting requirements of candidates for, and officeholders on, the
22     State Board of Education; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
31          20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
32          20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
33          20A-9-408, as last amended by Laws of Utah 2015, Chapter 296
34          20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
35          20A-11-1301, as last amended by Laws of Utah 2015, Chapters 21 and 127
36          20A-11-1303, as last amended by Laws of Utah 2015, Chapter 204
37          20A-11-1305, as last amended by Laws of Utah 2015, Chapter 204
38          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
39          20A-9-201, as last amended by Laws of Utah 2015, Chapter 296
40          20A-9-403, as last amended by Laws of Utah 2015, Chapter 296
41          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
42          63I-2-220, as last amended by Laws of Utah 2014, Chapter 3
43     ENACTS:
44          20A-14-104.1, Utah Code Annotated 1953
45     REPEALS:
46          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
47     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 20A-1-102 is amended to read:
51          20A-1-102. Definitions.
52          As used in this title:
53          (1) "Active voter" means a registered voter who has not been classified as an inactive
54     voter by the county clerk.
55          (2) "Automatic tabulating equipment" means apparatus that automatically examines
56     and counts votes recorded on paper ballots or ballot sheets and tabulates the results.

57          (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
58     upon which a voter records the voter's votes.
59          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
60     envelopes.
61          (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
62          (a) contain the names of offices and candidates and statements of ballot propositions to
63     be voted on; and
64          (b) are used in conjunction with ballot sheets that do not display that information.
65          (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
66     on the ballot for their approval or rejection including:
67          (a) an opinion question specifically authorized by the Legislature;
68          (b) a constitutional amendment;
69          (c) an initiative;
70          (d) a referendum;
71          (e) a bond proposition;
72          (f) a judicial retention question;
73          (g) an incorporation of a city or town; or
74          (h) any other ballot question specifically authorized by the Legislature.
75          (6) "Ballot sheet":
76          (a) means a ballot that:
77          (i) consists of paper or a card where the voter's votes are marked or recorded; and
78          (ii) can be counted using automatic tabulating equipment; and
79          (b) includes punch card ballots and other ballots that are machine-countable.
80          (7) "Bind," "binding," or "bound" means securing more than one piece of paper
81     together with a staple or stitch in at least three places across the top of the paper in the blank
82     space reserved for securing the paper.
83          (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
84     20A-4-306 to canvass election returns.
85          (9) "Bond election" means an election held for the purpose of approving or rejecting
86     the proposed issuance of bonds by a government entity.
87          (10) "Book voter registration form" means voter registration forms contained in a

88     bound book that are used by election officers and registration agents to register persons to vote.
89          (11) "Business reply mail envelope" means an envelope that may be mailed free of
90     charge by the sender.
91          (12) "By-mail voter registration form" means a voter registration form designed to be
92     completed by the voter and mailed to the election officer.
93          (13) "Canvass" means the review of election returns and the official declaration of
94     election results by the board of canvassers.
95          (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
96     the canvass.
97          (15) "Contracting election officer" means an election officer who enters into a contract
98     or interlocal agreement with a provider election officer.
99          (16) "Convention" means the political party convention at which party officers and
100     delegates are selected.
101          (17) "Counting center" means one or more locations selected by the election officer in
102     charge of the election for the automatic counting of ballots.
103          (18) "Counting judge" means a poll worker designated to count the ballots during
104     election day.
105          (19) "Counting poll watcher" means a person selected as provided in Section
106     20A-3-201 to witness the counting of ballots.
107          (20) "Counting room" means a suitable and convenient private place or room,
108     immediately adjoining the place where the election is being held, for use by the poll workers
109     and counting judges to count ballots during election day.
110          (21) "County officers" means those county officers that are required by law to be
111     elected.
112          (22) "Date of the election" or "election day" or "day of the election":
113          (a) means the day that is specified in the calendar year as the day that the election
114     occurs; and
115          (b) does not include:
116          (i) deadlines established for absentee voting; or
117          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
118     Voting.

119          (23) "Elected official" means:
120          (a) a person elected to an office under Section 20A-1-303;
121          (b) a person who is considered to be elected to a municipal office in accordance with
122     Subsection 20A-1-206(1)(c)(ii); or
123          (c) a person who is considered to be elected to a local district office in accordance with
124     Subsection 20A-1-206(3)(c)(ii).
125          (24) "Election" means a regular general election, a municipal general election, a
126     statewide special election, a local special election, a regular primary election, a municipal
127     primary election, and a local district election.
128          (25) "Election Assistance Commission" means the commission established by [Public
129     Law 107-252,] the Help America Vote Act of 2002, Pub. L. No. 107-252.
130          (26) "Election cycle" means the period beginning on the first day persons are eligible to
131     file declarations of candidacy and ending when the canvass is completed.
132          (27) "Election judge" means a poll worker that is assigned to:
133          (a) preside over other poll workers at a polling place;
134          (b) act as the presiding election judge; or
135          (c) serve as a canvassing judge, counting judge, or receiving judge.
136          (28) "Election officer" means:
137          (a) the lieutenant governor, for all statewide ballots and elections;
138          (b) the county clerk for:
139          (i) a county ballot and election; and
140          (ii) a ballot and election as a provider election officer as provided in Section
141     20A-5-400.1 or 20A-5-400.5;
142          (c) the municipal clerk for:
143          (i) a municipal ballot and election; and
144          (ii) a ballot and election as a provider election officer as provided in Section
145     20A-5-400.1 or 20A-5-400.5;
146          (d) the local district clerk or chief executive officer for:
147          (i) a local district ballot and election; and
148          (ii) a ballot and election as a provider election officer as provided in Section
149     20A-5-400.1 or 20A-5-400.5; or

150          (e) the business administrator or superintendent of a school district for:
151          (i) a school district ballot and election; and
152          (ii) a ballot and election as a provider election officer as provided in Section
153     20A-5-400.1 or 20A-5-400.5.
154          (29) "Election official" means any election officer, election judge, or poll worker.
155          (30) "Election results" means:
156          (a) for an election other than a bond election, the count of votes cast in the election and
157     the election returns requested by the board of canvassers; or
158          (b) for bond elections, the count of those votes cast for and against the bond
159     proposition plus any or all of the election returns that the board of canvassers may request.
160          (31) "Election returns" includes the pollbook, the military and overseas absentee voter
161     registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
162     counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
163     form, and the total votes cast form.
164          (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
165     device or other voting device that records and stores ballot information by electronic means.
166          (33) "Electronic signature" means an electronic sound, symbol, or process attached to
167     or logically associated with a record and executed or adopted by a person with the intent to sign
168     the record.
169          (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
170          (b) "Electronic voting device" includes a direct recording electronic voting device.
171          (35) "Inactive voter" means a registered voter who has:
172          (a) been sent the notice required by Section 20A-2-306; and
173          (b) failed to respond to that notice.
174          (36) "Inspecting poll watcher" means a person selected as provided in this title to
175     witness the receipt and safe deposit of voted and counted ballots.
176          (37) "Judicial office" means the office filled by any judicial officer.
177          (38) "Judicial officer" means any justice or judge of a court of record or any county
178     court judge.
179          (39) "Local district" means a local government entity under Title 17B, Limited Purpose
180     Local Government Entities - Local Districts, and includes a special service district under Title

181     17D, Chapter 1, Special Service District Act.
182          (40) "Local district officers" means those local district board members that are required
183     by law to be elected.
184          (41) "Local election" means a regular county election, a regular municipal election, a
185     municipal primary election, a local special election, a local district election, and a bond
186     election.
187          (42) "Local political subdivision" means a county, a municipality, a local district, or a
188     local school district.
189          (43) "Local special election" means a special election called by the governing body of a
190     local political subdivision in which all registered voters of the local political subdivision may
191     vote.
192          (44) "Municipal executive" means:
193          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
194          (b) the mayor in the council-manager form of government defined in Subsection
195     10-3b-103(7); or
196          (c) the chair of a metro township form of government defined in Section 10-3b-102.
197          (45) "Municipal general election" means the election held in municipalities and, as
198     applicable, local districts on the first Tuesday after the first Monday in November of each
199     odd-numbered year for the purposes established in Section 20A-1-202.
200          (46) "Municipal legislative body" means:
201          (a) the council of the city or town in any form of municipal government; or
202          (b) the council of a metro township.
203          (47) "Municipal office" means an elective office in a municipality.
204          (48) "Municipal officers" means those municipal officers that are required by law to be
205     elected.
206          (49) "Municipal primary election" means an election held to nominate candidates for
207     municipal office.
208          (50) "Official ballot" means the ballots distributed by the election officer to the poll
209     workers to be given to voters to record their votes.
210          (51) "Official endorsement" means:
211          (a) the information on the ballot that identifies:

212          (i) the ballot as an official ballot;
213          (ii) the date of the election; and
214          (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
215     facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
216          (B) for a ballot prepared by a county clerk, the words required by Subsection
217     20A-6-301(1)(c)(iii); and
218          (b) the information on the ballot stub that identifies:
219          (i) the poll worker's initials; and
220          (ii) the ballot number.
221          (52) "Official register" means the official record furnished to election officials by the
222     election officer that contains the information required by Section 20A-5-401.
223          (53) "Paper ballot" means a paper that contains:
224          (a) the names of offices and candidates and statements of ballot propositions to be
225     voted on; and
226          (b) spaces for the voter to record the voter's vote for each office and for or against each
227     ballot proposition.
228          (54) "Pilot project" means the election day voter registration pilot project created in
229     Section 20A-4-108.
230          (55) "Political party" means an organization of registered voters that has qualified to
231     participate in an election by meeting the requirements of Chapter 8, Political Party Formation
232     and Procedures.
233          (56) "Pollbook" means a record of the names of voters in the order that they appear to
234     cast votes.
235          (57) "Polling place" means the building where voting is conducted.
236          (58) (a) "Poll worker" means a person assigned by an election official to assist with an
237     election, voting, or counting votes.
238          (b) "Poll worker" includes election judges.
239          (c) "Poll worker" does not include a watcher.
240          (59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
241     in which the voter marks the voter's choice.
242          (60) "Primary convention" means the political party conventions held during the year

243     of the regular general election.
244          (61) "Protective counter" means a separate counter, which cannot be reset, that:
245          (a) is built into a voting machine; and
246          (b) records the total number of movements of the operating lever.
247          (62) "Provider election officer" means an election officer who enters into a contract or
248     interlocal agreement with a contracting election officer to conduct an election for the
249     contracting election officer's local political subdivision in accordance with Section
250     20A-5-400.1.
251          (63) "Provisional ballot" means a ballot voted provisionally by a person:
252          (a) whose name is not listed on the official register at the polling place;
253          (b) whose legal right to vote is challenged as provided in this title; or
254          (c) whose identity was not sufficiently established by a poll worker.
255          (64) "Provisional ballot envelope" means an envelope printed in the form required by
256     Section 20A-6-105 that is used to identify provisional ballots and to provide information to
257     verify a person's legal right to vote.
258          (65) "Qualify" or "qualified" means to take the oath of office and begin performing the
259     duties of the position for which the person was elected.
260          (66) "Receiving judge" means the poll worker that checks the voter's name in the
261     official register, provides the voter with a ballot, and removes the ballot stub from the ballot
262     after the voter has voted.
263          (67) "Registration form" means a book voter registration form and a by-mail voter
264     registration form.
265          (68) "Regular ballot" means a ballot that is not a provisional ballot.
266          (69) "Regular general election" means the election held throughout the state on the first
267     Tuesday after the first Monday in November of each even-numbered year for the purposes
268     established in Section 20A-1-201.
269          (70) "Regular primary election" means the election on the fourth Tuesday of June of
270     each even-numbered year, to nominate candidates of political parties and candidates for
271     nonpartisan State Board of Education and local school board positions to advance to the regular
272     general election.
273          (71) "Resident" means a person who resides within a specific voting precinct in Utah.

274          (72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
275     and distributed as provided in Section 20A-5-405.
276          (73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
277     punch the ballot for one or more candidates who are members of different political parties or
278     who are unaffiliated.
279          (74) "Secrecy envelope" means the envelope given to a voter along with the ballot into
280     which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
281     the voter's vote.
282          (75) "Special election" means an election held as authorized by Section 20A-1-203.
283          (76) "Spoiled ballot" means each ballot that:
284          (a) is spoiled by the voter;
285          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
286          (c) lacks the official endorsement.
287          (77) "Statewide special election" means a special election called by the governor or the
288     Legislature in which all registered voters in Utah may vote.
289          (78) "Stub" means the detachable part of each ballot.
290          (79) "Substitute ballots" means replacement ballots provided by an election officer to
291     the poll workers when the official ballots are lost or stolen.
292          (80) "Ticket" means each list of candidates for each political party or for each group of
293     petitioners.
294          (81) "Transfer case" means the sealed box used to transport voted ballots to the
295     counting center.
296          (82) "Vacancy" means the absence of a person to serve in any position created by
297     statute, whether that absence occurs because of death, disability, disqualification, resignation,
298     or other cause.
299          (83) "Valid voter identification" means:
300          (a) a form of identification that bears the name and photograph of the voter which may
301     include:
302          (i) a currently valid Utah driver license;
303          (ii) a currently valid identification card that is issued by:
304          (A) the state; or

305          (B) a branch, department, or agency of the United States;
306          (iii) a currently valid Utah permit to carry a concealed weapon;
307          (iv) a currently valid United States passport; or
308          (v) a currently valid United States military identification card;
309          (b) one of the following identification cards, whether or not the card includes a
310     photograph of the voter:
311          (i) a valid tribal identification card;
312          (ii) a Bureau of Indian Affairs card; or
313          (iii) a tribal treaty card; or
314          (c) two forms of identification not listed under Subsection (83)(a) or (b) but that bear
315     the name of the voter and provide evidence that the voter resides in the voting precinct, which
316     may include:
317          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
318     election;
319          (ii) a bank or other financial account statement, or a legible copy thereof;
320          (iii) a certified birth certificate;
321          (iv) a valid Social Security card;
322          (v) a check issued by the state or the federal government or a legible copy thereof;
323          (vi) a paycheck from the voter's employer, or a legible copy thereof;
324          (vii) a currently valid Utah hunting or fishing license;
325          (viii) certified naturalization documentation;
326          (ix) a currently valid license issued by an authorized agency of the United States;
327          (x) a certified copy of court records showing the voter's adoption or name change;
328          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
329          (xii) a currently valid identification card issued by:
330          (A) a local government within the state;
331          (B) an employer for an employee; or
332          (C) a college, university, technical school, or professional school located within the
333     state; or
334          (xiii) a current Utah vehicle registration.
335          (84) "Valid write-in candidate" means a candidate who has qualified as a write-in

336     candidate by following the procedures and requirements of this title.
337          (85) "Voter" means a person who:
338          (a) meets the requirements for voting in an election;
339          (b) meets the requirements of election registration;
340          (c) is registered to vote; and
341          (d) is listed in the official register book.
342          (86) "Voter registration deadline" means the registration deadline provided in Section
343     20A-2-102.5.
344          (87) "Voting area" means the area within six feet of the voting booths, voting
345     machines, and ballot box.
346          (88) "Voting booth" means:
347          (a) the space or compartment within a polling place that is provided for the preparation
348     of ballots, including the voting machine enclosure or curtain; or
349          (b) a voting device that is free standing.
350          (89) "Voting device" means:
351          (a) an apparatus in which ballot sheets are used in connection with a punch device for
352     piercing the ballots by the voter;
353          (b) a device for marking the ballots with ink or another substance;
354          (c) an electronic voting device or other device used to make selections and cast a ballot
355     electronically, or any component thereof;
356          (d) an automated voting system under Section 20A-5-302; or
357          (e) any other method for recording votes on ballots so that the ballot may be tabulated
358     by means of automatic tabulating equipment.
359          (90) "Voting machine" means a machine designed for the sole purpose of recording
360     and tabulating votes cast by voters at an election.
361          (91) "Voting poll watcher" means a person appointed as provided in this title to
362     witness the distribution of ballots and the voting process.
363          (92) "Voting precinct" means the smallest voting unit established as provided by law
364     within which qualified voters vote at one polling place.
365          (93) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
366     poll watcher, and a testing watcher.

367          (94) "Western States Presidential Primary" means the election established in Chapter 9,
368     Part 8, Western States Presidential Primary.
369          (95) "Write-in ballot" means a ballot containing any write-in votes.
370          (96) "Write-in vote" means a vote cast for a person whose name is not printed on the
371     ballot according to the procedures established in this title.
372          Section 2. Section 20A-1-504 is amended to read:
373          20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
374     state auditor, and lieutenant governor.
375          (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
376     treasurer, [or] state auditor, [it] or State Board of Education member, the vacancy shall be filled
377     for the unexpired term at the next regular general election.
378          (b) The governor shall fill the vacancy until the next regular general election by
379     appointing a person who meets the qualifications for the office from three persons nominated
380     by the state central committee of the same political party as the prior officeholder.
381          (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
382     consent of the Senate, appoint a person to hold the office until the next regular general election
383     at which the governor stands for election.
384          (3) For a State Board of Education member vacancy, if the individual who is being
385     replaced is not a member of a political party, or if the member was elected at or before the 2016
386     regular general election, the governor shall fill the vacancy, with the consent of the Senate, by
387     selecting an individual who meets the qualifications and residency requirements for filling the
388     vacancy described in Section 20A-14-103.
389          Section 3. Section 20A-9-201 is amended to read:
390          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
391     more than one political party prohibited with exceptions -- General filing and form
392     requirements -- Affidavit of impecuniosity.
393          (1) Before filing a declaration of candidacy for election to any office, a person shall:
394          (a) be a United States citizen;
395          (b) meet the legal requirements of that office; and
396          (c) if seeking a registered political party's nomination as a candidate for elective office,
397     state:

398          (i) the registered political party of which the person is a member; or
399          (ii) that the person is not a member of a registered political party.
400          (2) (a) Except as provided in Subsection (2)(b), an individual may not:
401          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
402     Utah during any election year;
403          (ii) appear on the ballot as the candidate of more than one political party; or
404          (iii) file a declaration of candidacy for a registered political party of which the
405     individual is not a member, except to the extent that the registered political party permits
406     otherwise in the registered political party's bylaws.
407          (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
408     or vice president of the United States and another office, if the person resigns the person's
409     candidacy for the other office after the person is officially nominated for president or vice
410     president of the United States.
411          (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
412     one justice court judge office.
413          (iii) A person may file a declaration of candidacy for lieutenant governor even if the
414     person filed a declaration of candidacy for another office in the same election year if the person
415     withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
416     before filing the declaration of candidacy for lieutenant governor.
417          (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
418     declaration of candidacy, the filing officer shall:
419          (A) read to the prospective candidate the constitutional and statutory qualification
420     requirements for the office that the candidate is seeking; and
421          (B) require the candidate to state whether [or not] the candidate meets those
422     requirements.
423          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
424     county clerk shall ensure that the person filing that declaration of candidacy is:
425          (A) a United States citizen;
426          (B) an attorney licensed to practice law in Utah who is an active member in good
427     standing of the Utah State Bar;
428          (C) a registered voter in the county in which the person is seeking office; and

429          (D) a current resident of the county in which the person is seeking office and either has
430     been a resident of that county for at least one year or was appointed and is currently serving as
431     county attorney and became a resident of the county within 30 days after appointment to the
432     office.
433          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
434     county clerk shall ensure that, as of the date of the election, the person filing that declaration of
435     candidacy is:
436          (A) a United States citizen;
437          (B) an attorney licensed to practice law in Utah who is an active member in good
438     standing of the Utah State Bar;
439          (C) a registered voter in the prosecution district in which the person is seeking office;
440     and
441          (D) a current resident of the prosecution district in which the person is seeking office
442     and either will have been a resident of that prosecution district for at least one year as of the
443     date of the election or was appointed and is currently serving as district attorney and became a
444     resident of the prosecution district within 30 days after receiving appointment to the office.
445          (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
446     county clerk shall ensure that the person filing the declaration of candidacy:
447          (A) as of the date of filing:
448          (I) is a United States citizen;
449          (II) is a registered voter in the county in which the person seeks office;
450          (III) (Aa) has successfully met the standards and training requirements established for
451     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
452     Certification Act; or
453          (Bb) has met the waiver requirements in Section 53-6-206; and
454          (IV) is qualified to be certified as a law enforcement officer, as defined in Section
455     53-13-103; and
456          (B) as of the date of the election, shall have been a resident of the county in which the
457     person seeks office for at least one year.
458          (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
459     governor, state auditor, state treasurer, attorney general, state legislator, or State Board of

460     Education member, the filing officer shall ensure:
461          (A) that the person filing the declaration of candidacy also files the financial disclosure
462     required by Section 20A-11-1603; and
463          (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
464     provided to the lieutenant governor according to the procedures and requirements of Section
465     20A-11-1603.
466          (b) If the prospective candidate states that the qualification requirements for the office
467     are not met, the filing officer may not accept the prospective candidate's declaration of
468     candidacy.
469          (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
470     requirements of candidacy are met, the filing officer shall:
471          (i) inform the candidate that:
472          (A) the candidate's name will appear on the ballot as [it] the candidate's name is written
473     on the declaration of candidacy;
474          (B) the candidate may be required to comply with state or local campaign finance
475     disclosure laws; and
476          (C) the candidate is required to file a financial statement before the candidate's political
477     convention under:
478          (I) Section 20A-11-204 for a candidate for constitutional office;
479          (II) Section 20A-11-303 for a candidate for the Legislature; or
480          (III) local campaign finance disclosure laws, if applicable;
481          (ii) except for a presidential candidate, provide the candidate with a copy of the current
482     campaign financial disclosure laws for the office the candidate is seeking and inform the
483     candidate that failure to comply will result in disqualification as a candidate and removal of the
484     candidate's name from the ballot;
485          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
486     Electronic Voter Information Website Program and inform the candidate of the submission
487     deadline under Subsection 20A-7-801(4)(a);
488          (iv) provide the candidate with a copy of the pledge of fair campaign practices
489     described under Section 20A-9-206 and inform the candidate that:
490          (A) signing the pledge is voluntary; and

491          (B) signed pledges shall be filed with the filing officer;
492          (v) accept the candidate's declaration of candidacy; and
493          (vi) if the candidate has filed for a partisan office, provide a certified copy of the
494     declaration of candidacy to the chair of the county or state political party of which the
495     candidate is a member.
496          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
497     officer shall:
498          (i) accept the candidate's pledge; and
499          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
500     candidate's pledge to the chair of the county or state political party of which the candidate is a
501     member.
502          (4) (a) Except for presidential candidates and State Board of Education candidates, the
503     form of the declaration of candidacy shall:
504          (i) be substantially as follows:
505          "State of Utah, County of ____
506               I, ______________, declare my candidacy for the office of ____, seeking the
507     nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
508     hold the office, both legally and constitutionally, if selected; I reside at _____________
509     in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
510     knowingly violate any law governing campaigns and elections; I will file all campaign
511     financial disclosure reports as required by law; and I understand that failure to do so
512     will result in my disqualification as a candidate for this office and removal of my name
513     from the ballot. The mailing address that I designate for receiving official election
514     notices is ___________________________.
515     ____________________________________________________________________
516          Subscribed and sworn before me this __________(month\day\year).
517     
Notary Public (or other officer qualified to administer oath)."; and

518          (ii) require the candidate to state, in the sworn statement described in Subsection
519     (4)(a)(i):
520          (A) the registered political party of which the candidate is a member; or
521          (B) that the candidate is not a member of a registered political party.

522          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
523     may not sign the form described in Subsection (4)(a).
524          (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
525     is:
526          (i) $50 for candidates for the local school district board; and
527          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
528     person holding the office for all other federal, state, and county offices.
529          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
530     any candidate:
531          (i) who is disqualified; or
532          (ii) who the filing officer determines has filed improperly.
533          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
534     from candidates.
535          (ii) The lieutenant governor shall:
536          (A) apportion to and pay to the county treasurers of the various counties all fees
537     received for filing of nomination certificates or acceptances; and
538          (B) ensure that each county receives that proportion of the total amount paid to the
539     lieutenant governor from the congressional district that the total vote of that county for all
540     candidates for representative in Congress bears to the total vote of all counties within the
541     congressional district for all candidates for representative in Congress.
542          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
543     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
544     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
545     a financial statement filed at the time the affidavit is submitted.
546          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
547          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
548     statement filed under this section shall be subject to the criminal penalties provided under
549     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
550          (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
551     considered an offense under this title for the purposes of assessing the penalties provided in
552     Subsection 20A-1-609(2).

553          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
554     substantially the following form:
555          "Affidavit of Impecuniosity
556     Individual Name
557     ____________________________Address_____________________________
558     Phone Number _________________
559     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
560     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
561     law.
562     Date ______________ Signature________________________________________________
563     Affiant
564     Subscribed and sworn to before me on ___________ (month\day\year)
565     
______________________

566     
(signature)

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

568          (v) The filing officer shall provide to a person who requests an affidavit of
569     impecuniosity a statement printed in substantially the following form, which may be included
570     on the affidavit of impecuniosity:
571          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
572     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
573     penalties, will be removed from the ballot."
574          (vi) The filing officer may request that a person who makes a claim of impecuniosity
575     under this Subsection (5)(d) file a financial statement on a form prepared by the election
576     official.
577          (6) (a) If there is no legislative appropriation for the Western States Presidential
578     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
579     president of the United States who is affiliated with a registered political party and chooses to
580     participate in the regular primary election shall:
581          (i) file a declaration of candidacy, in person or via a designated agent, with the
582     lieutenant governor:
583          (A) on a form developed and provided by the lieutenant governor; and

584          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
585     March before the next regular primary election;
586          (ii) identify the registered political party whose nomination the candidate is seeking;
587          (iii) provide a letter from the registered political party certifying that the candidate may
588     participate as a candidate for that party in that party's presidential primary election; and
589          (iv) pay the filing fee of $500.
590          (b) An agent designated to file a declaration of candidacy may not sign the form
591     described in Subsection (6)(a)(i)(A).
592          (7) Any person who fails to file a declaration of candidacy or certificate of nomination
593     within the time provided in this chapter is ineligible for nomination to office.
594          (8) A declaration of candidacy filed under this section may not be amended or
595     modified after the final date established for filing a declaration of candidacy.
596          (9) (a) The form of the declaration of candidacy for the office of State Board of
597     Education member shall be substantially as follows:
598          "State of Utah, County of ____
599          I, ______________, declare my candidacy for the office of State Board of Education
600     member. I do solemnly swear that: I will meet the qualifications to hold the office, both legally
601     and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah,
602     Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
603     and elections; I will file all campaign financial disclosure reports as required by law; and I
604     understand that failure to do so will result in my disqualification as a candidate for this office
605     and removal of my name from the ballot. The mailing address that I designate for receiving
606     official election notices is ___________________________.
607          ____________________________________________________________________
608          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
609     other officer qualified to administer oath)."
610          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
611     may not sign the form described in Subsection (9)(a).
612          Section 4. Section 20A-9-403 is amended to read:
613          20A-9-403. Regular primary elections.
614          (1) (a) Candidates for elective office that are to be filled at the next regular general

615     election shall be nominated in a regular primary election by direct vote of the people in the
616     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
617     designated as regular primary election day. Nothing in this section shall affect a candidate's
618     ability to qualify for a regular general election's ballot as an unaffiliated candidate under
619     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
620     Section 20A-9-601.
621          (b) Each registered political party that chooses to have the names of its candidates for
622     elective office featured with party affiliation on the ballot at a regular general election shall
623     comply with the requirements of this section and shall nominate its candidates for elective
624     office in the manner prescribed in this section.
625          (c) A filing officer may not permit an official ballot at a regular general election to be
626     produced or used if the ballot denotes affiliation between a registered political party or any
627     other political group and a candidate for elective office who was not nominated in the manner
628     prescribed in this section or in Subsection 20A-9-202(4).
629          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
630     even-numbered year in which a regular general election will be held.
631          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
632     shall:
633          (i) either declare their intent to participate in the next regular primary election or
634     declare that the registered political party chooses not to have the names of its candidates for
635     elective office featured on the ballot at the next regular general election; and
636          (ii) if the registered political party participates in the upcoming regular primary
637     election, identify one or more registered political parties whose members may vote for the
638     registered political party's candidates and whether or not persons identified as unaffiliated with
639     a political party may vote for the registered political party's candidates.
640          (b) (i) A registered political party that is a continuing political party must file the
641     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
642     November 15 of each odd-numbered year.
643          (ii) An organization that is seeking to become a registered political party under Section
644     20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
645     political party files the petition described in Section 20A-8-103.

646          (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
647     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
648     office on the regular primary ballot of the registered political party listed on the declaration of
649     candidacy only if the person is certified by the appropriate filing officer as having submitted a
650     set of nomination petitions that was:
651          (i) circulated and completed in accordance with Section 20A-9-405; and
652          (ii) signed by at least two percent of the registered political party's members who reside
653     in the political division of the office that the person seeks.
654          (b) A candidate for elective office shall submit nomination petitions to the appropriate
655     filing officer for verification and certification no later than 5 p.m. on the final day in March.
656     Candidates may supplement their submissions at any time on or before the filing deadline.
657          (c) The lieutenant governor shall determine for each elective office the total number of
658     signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
659     of persons residing in each elective office's political division who have designated a particular
660     registered political party on their voter registration forms as of November 1 of each
661     odd-numbered year. The lieutenant governor shall publish this determination for each elective
662     office no later than November 15 of each odd-numbered year.
663          (d) The filing officer shall:
664          (i) verify signatures on nomination petitions in a transparent and orderly manner;
665          (ii) for all qualifying candidates for elective office who submitted nomination petitions
666     to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
667     the first Monday after the third Saturday in April;
668          (iii) consider active and inactive voters eligible to sign nomination petitions;
669          (iv) consider a person who signs a nomination petition a member of a registered
670     political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
671     political party as the person's party membership on the person's voter registration form; and
672          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
673     petition signatures, or use statistical sampling procedures to verify submitted nomination
674     petition signatures pursuant to rules made under Subsection (3)(f).
675          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
676     lieutenant governor may appear on the regular primary ballot of a registered political party

677     without submitting nomination petitions if the candidate files a declaration of candidacy and
678     complies with Subsection 20A-9-202(3).
679          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
680     director of elections, within the Office of the Lieutenant Governor, shall make rules that:
681          (i) provide for the use of statistical sampling procedures that:
682          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
683          (B) reflect a bona fide effort to determine the validity of a candidate's entire
684     submission, using widely recognized statistical sampling techniques; and
685          (ii) provide for the transparent, orderly, and timely submission, verification, and
686     certification of nomination petition signatures.
687          (g) The county clerk shall:
688          (i) review the declarations of candidacy filed by candidates for local boards of
689     education to determine if more than two candidates have filed for the same seat;
690          (ii) place the names of all candidates who have filed a declaration of candidacy for a
691     local board of education seat on the nonpartisan section of the ballot if more than two
692     candidates have filed for the same seat; and
693          (iii) determine the order of the local board of education candidates' names on the ballot
694     in accordance with Section 20A-6-305.
695          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
696     governor shall provide to the county clerks:
697          (i) a list of the names of all candidates for federal, constitutional, multi-county, and
698     county offices who have received certifications under Subsection (3), along with instructions
699     on how those names shall appear on the primary-election ballot in accordance with Section
700     20A-6-305; and
701          (ii) a list of unopposed candidates for elective office who have been nominated by a
702     registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
703     candidates from the primary-election ballot.
704          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
705     joint-ticket running mates shall appear jointly on the primary-election ballot.
706          (c) After the county clerk receives the certified list from the lieutenant governor under
707     Subsection (4)(a), the county clerk shall post or publish a primary election notice in

708     substantially the following form:
709          "Notice is given that a primary election will be held Tuesday, June ____,
710     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
711     State Board of Education and local school board positions listed on the primary ballot. The
712     polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
713     until 8 p.m. of the same day. Attest: county clerk."
714          (5) (a) Candidates, other than presidential candidates, receiving the highest number of
715     votes cast for each office at the regular primary election are nominated by their registered
716     political party for that office or are nominated as a candidate for a nonpartisan State Board of
717     Education or local school board position.
718          (b) If two or more candidates, other than presidential candidates, are to be elected to
719     the office at the regular general election, those party candidates equal in number to positions to
720     be filled who receive the highest number of votes at the regular primary election are the
721     nominees of their party for those positions.
722          (c) A candidate who is unopposed for an elective office in the regular primary election
723     of a registered political party is nominated by the party for that office without appearing on the
724     primary ballot. A candidate is "unopposed" if no person other than the candidate has received a
725     certification under Subsection (3) for the regular primary election ballot of the candidate's
726     registered political party for a particular elective office.
727          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
728     office that represents more than one county, the governor, lieutenant governor, and attorney
729     general shall, at a public meeting called by the governor and in the presence of the candidates
730     involved, select the nominee by lot cast in whatever manner the governor determines.
731          (b) When a tie vote occurs in any primary election for any county office, the district
732     court judges of the district in which the county is located shall, at a public meeting called by
733     the judges and in the presence of the candidates involved, select the nominee by lot cast in
734     whatever manner the judges determine.
735          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
736     primary election provided for by this section, and all expenses necessarily incurred in the
737     preparation for or the conduct of that primary election shall be paid out of the treasury of the
738     county or state, in the same manner as for the regular general elections.

739          (8) An individual may not file a declaration of candidacy for a registered political party
740     of which the individual is not a member, except to the extent that the registered political party
741     permits otherwise under the registered political party's bylaws.
742          Section 5. Section 20A-9-407 is amended to read:
743          20A-9-407. Convention process to seek the nomination of a qualified political
744     party.
745          (1) This section describes the requirements for a member of a qualified political party
746     who is seeking the nomination of a qualified political party for an elective office through the
747     qualified political party's convention process.
748          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
749     candidacy for a member of a qualified political party who is nominated by, or who is seeking
750     the nomination of, the qualified political party under this section shall be substantially as
751     described in Section 20A-9-408.5.
752          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
753     (8) or Subsection 20A-9-202(4), a member of a qualified political party who, under this
754     section, is seeking the nomination of the qualified political party for an elective office that is to
755     be filled at the next general election, shall:
756          (a) file a declaration of candidacy in person with the filing officer on or after the
757     second Friday in March and before 5 p.m. on the third Thursday in March before the next
758     regular general election; and
759          (b) pay the filing fee.
760          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
761     party who, under this section, is seeking the nomination of the qualified political party for the
762     office of district attorney within a multicounty prosecution district that is to be filled at the next
763     general election shall:
764          (a) file a declaration of candidacy with the county clerk designated in the interlocal
765     agreement creating the prosecution district on or after the second Friday in March and before 5
766     p.m. on the third Thursday in March before the next regular general election; and
767          (b) pay the filing fee.
768          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
769     who files as the joint-ticket running mate of an individual who is nominated by a qualified

770     political party, under this section, for the office of governor shall submit a letter from the
771     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
772     mate.
773          (6) (a) A qualified political party that nominates a candidate under this section shall
774     certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
775     after the fourth Saturday in April.
776          (b) The lieutenant governor shall ensure that the certification described in Subsection
777     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
778     under this section.
779          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
780     is nominated by a qualified political party under this section, designate the qualified political
781     party that nominated the candidate.
782          Section 6. Section 20A-9-408 is amended to read:
783          20A-9-408. Signature-gathering process to seek the nomination of a qualified
784     political party.
785          (1) This section describes the requirements for a member of a qualified political party
786     who is seeking the nomination of the qualified political party for an elective office through the
787     signature-gathering process described in this section.
788          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
789     candidacy for a member of a qualified political party who is nominated by, or who is seeking
790     the nomination of, the qualified political party under this section shall be substantially as
791     described in Section 20A-9-408.5.
792          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
793     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
794     nomination of the qualified political party for an elective office that is to be filled at the next
795     general election shall:
796          (a) within the period beginning on January 1 before the next regular general election
797     and ending on the third Thursday in March of the same year, and before gathering signatures
798     under this section, file with the filing officer on a form approved by the lieutenant governor a
799     notice of intent to gather signatures for candidacy that includes:
800          (i) the name of the member who will attempt to become a candidate for a registered

801     political party under this section;
802          (ii) the name of the registered political party for which the member is seeking
803     nomination;
804          (iii) the office for which the member is seeking to become a candidate;
805          (iv) the address and telephone number of the member; and
806          (v) other information required by the lieutenant governor;
807          (b) file a declaration of candidacy, in person, with the filing officer on or after the
808     second Friday in March and before 5 p.m. on the third Thursday in March before the next
809     regular general election; and
810          (c) pay the filing fee.
811          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
812     party who, under this section, is seeking the nomination of the qualified political party for the
813     office of district attorney within a multicounty prosecution district that is to be filled at the next
814     general election shall:
815          (a) on or after January 1 before the next regular general election, and before gathering
816     signatures under this section, file with the filing officer on a form approved by the lieutenant
817     governor a notice of intent to gather signatures for candidacy that includes:
818          (i) the name of the member who will attempt to become a candidate for a registered
819     political party under this section;
820          (ii) the name of the registered political party for which the member is seeking
821     nomination;
822          (iii) the office for which the member is seeking to become a candidate;
823          (iv) the address and telephone number of the member; and
824          (v) other information required by the lieutenant governor;
825          (b) file a declaration of candidacy, in person, with the filing officer on or after the
826     second Friday in March and before 5 p.m. on the third Thursday in March before the next
827     regular general election; and
828          (c) pay the filing fee.
829          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
830     who files as the joint-ticket running mate of an individual who is nominated by a qualified
831     political party, under this section, for the office of governor shall submit a letter from the

832     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
833     mate.
834          (6) The lieutenant governor shall ensure that the certification described in Subsection
835     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
836     under this section.
837          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
838     is nominated by a qualified political party under this section, designate the qualified political
839     party that nominated the candidate.
840          (8) A member of a qualified political party may seek the nomination of the qualified
841     political party for an elective office by:
842          (a) complying with the requirements described in this section; and
843          (b) collecting signatures, on a form approved by the lieutenant governor, during the
844     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
845     which the qualified political party's convention for the office is held, in the following amounts:
846          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
847     permitted by the qualified political party to vote for the qualified political party's candidates in
848     a primary election;
849          (ii) for a congressional district race, 7,000 signatures of registered voters who are
850     residents of the congressional district and are permitted by the qualified political party to vote
851     for the qualified political party's candidates in a primary election;
852          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
853     residents of the state Senate district and are permitted by the qualified political party to vote for
854     the qualified political party's candidates in a primary election;
855          (iv) for a state House district race, 1,000 signatures of registered voters who are
856     residents of the state House district and are permitted by the qualified political party to vote for
857     the qualified political party's candidates in a primary election; [and]
858          (v) for a State Board of Education race, the lesser of:
859          (A) 2,000 signatures of registered voters who are residents of the State Board of
860     Education district and are permitted by the qualified political party to vote for the qualified
861     political party's candidates in a primary election; or
862          (B) 3% of the registered voters of the qualified political party who are residents of the

863     applicable State Board of Education district; and
864          [(v)] (vi) for a county office race, signatures of 3% of the registered voters who are
865     residents of the area permitted to vote for the county office and are permitted by the qualified
866     political party to vote for the qualified political party's candidates in a primary election.
867          (9) (a) In order for a member of the qualified political party to qualify as a candidate
868     for the qualified political party's nomination for an elective office under this section, the
869     member shall:
870          (i) collect the signatures on a form approved by the lieutenant governor, using the same
871     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
872          (ii) submit the signatures to the election officer no later than 14 days before the day on
873     which the qualified political party holds its convention to select candidates, for the elective
874     office, for the qualified political party's nomination.
875          (b) An individual may not gather signatures under this section until after the individual
876     files a notice of intent to gather signatures for candidacy described in this section.
877          (c) An individual who files a notice of intent to gather signatures for candidacy,
878     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
879     the notice of intent to gather signatures for candidacy:
880          (i) required to comply with the reporting requirements that a candidate for office is
881     required to comply with; and
882          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
883     apply to a candidate for office in relation to the reporting requirements described in Subsection
884     (9)(c)(i).
885          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
886     election officer shall, no later than one day before the day on which the qualified political party
887     holds the convention to select a nominee for the elective office to which the signature packets
888     relate:
889          (i) check the name of each individual who completes the verification for a signature
890     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
891          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
892     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
893          (iii) determine whether each signer is a registered voter who is qualified to sign the

894     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
895     on a petition;
896          (iv) certify whether each name is that of a registered voter who is qualified to sign the
897     signature packet; and
898          (v) notify the qualified political party and the lieutenant governor of the name of each
899     member of the qualified political party who qualifies as a nominee of the qualified political
900     party, under this section, for the elective office to which the convention relates.
901          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
902     this section, the lieutenant governor shall post the notice of intent to gather signatures for
903     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
904     posts a declaration of candidacy.
905          Section 7. Section 20A-11-403 is amended to read:
906          20A-11-403. Failure to file -- Penalties.
907          (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
908     governor shall review each filed summary report to ensure that:
909          (a) each officeholder that is required to file a summary report has filed one; and
910          (b) each summary report contains the information required by this part.
911          (2) If it appears that any officeholder has failed to file the summary report required by
912     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
913     governor has received a written complaint alleging a violation of the law or the falsity of any
914     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
915     violation has occurred:
916          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
917          (b) within five days of discovery of a violation or receipt of a written complaint, notify
918     the officeholder of the violation or written complaint and direct the officeholder to file a
919     summary report correcting the problem.
920          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
921     within seven days after receiving notice from the lieutenant governor under this section.
922          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
923     misdemeanor.
924          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the

925     attorney general.
926          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
927     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
928     (3)(a).
929          (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
930     under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[(c)](d), the
931     lieutenant governor shall review each filed interim report to ensure that each interim report
932     contains the information required for the report.
933          (5) If it appears that any officeholder has failed to file an interim report required by
934     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
935     governor has received a written complaint alleging a violation of the law or the falsity of any
936     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
937     violation has occurred:
938          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
939          (b) within five days after the day on which the violation is discovered or a written
940     complaint is received, notify the officeholder of the violation or written complaint and direct
941     the officeholder to file an interim report correcting the problem.
942          (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
943     within seven days after the day on which the officeholder receives notice from the lieutenant
944     governor under this section.
945          (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
946     misdemeanor.
947          (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
948     attorney general.
949          (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
950     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
951     (6)(a).
952          Section 8. Section 20A-11-1301 is amended to read:
953          20A-11-1301. School board office candidate -- Campaign finance requirements --
954     Candidate as a political action committee officer -- No personal use -- Contribution
955     reporting deadline -- Report other accounts -- Anonymous contributions.

956          (1) (a) (i) Each school board office candidate shall deposit each contribution and public
957     service assistance received in one or more separate accounts in a financial institution that are
958     dedicated only to that purpose.
959          (ii) A school board office candidate may:
960          (A) receive a contribution or public service assistance from a political action
961     committee registered under Section 20A-11-601; and
962          (B) be designated by a political action committee as an officer who has primary
963     decision-making authority as described in Section 20A-11-601.
964          (b) A school board office candidate may not use money deposited in an account
965     described in Subsection (1)(a)(i) for:
966          (i) a personal use expenditure; or
967          (ii) an expenditure prohibited by law.
968          (2) A school board office candidate may not deposit or mingle any contributions or
969     public service assistance received into a personal or business account.
970          (3) A school board office candidate may not make any political expenditures prohibited
971     by law.
972          (4) If a person who is no longer a school board office candidate chooses not to expend
973     the money remaining in a campaign account, the person shall continue to file the year-end
974     summary report required by Section 20A-11-1302 until the statement of dissolution and final
975     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
976          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
977     is no longer a school board office candidate may not expend or transfer the money in a
978     campaign account in a manner that would cause the former school board office candidate to
979     recognize the money as taxable income under federal tax law.
980          (b) A person who is no longer a school board office candidate may transfer the money
981     in a campaign account in a manner that would cause the former school board office candidate
982     to recognize the money as taxable income under federal tax law if the transfer is made to a
983     campaign account for federal office.
984          (6) (a) As used in this Subsection (6) [and Section 20A-11-1303], "received" means[:]
985     the same as that term is defined in Subsection 20A-11-1303(1)(a).
986          [(i) for a cash contribution, that the cash is given to a school board office candidate or a

987     member of the candidate's personal campaign committee;]
988          [(ii) for a contribution that is a negotiable instrument or check, that the negotiable
989     instrument or check is negotiated; and]
990          [(iii) for any other type of contribution, that any portion of the contribution's benefit
991     inures to the school board office candidate.]
992          (b) Each school board office candidate shall report to the chief election officer each
993     contribution and public service assistance received by the school board office candidate:
994          (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
995     the contribution or public service assistance is received; or
996          (ii) within three business days after the day on which the contribution or public service
997     assistance is received, if:
998          (A) the school board office candidate is contested in a primary election and the
999     contribution or public service assistance is received within 30 days before the day on which the
1000     primary election is held; or
1001          (B) the school board office candidate is contested in a general election and the
1002     contribution or public service assistance is received within 30 days before the day on which the
1003     general election is held.
1004          (c) For each contribution or provision of public service assistance that a school board
1005     office candidate fails to report within the time period described in Subsection (6)(b), the chief
1006     election officer shall impose a fine against the school board office candidate in an amount
1007     equal to:
1008          (i) (A) 10% of the amount of the contribution, if the school board office candidate
1009     reports the contribution within 60 days after the day on which the time period described in
1010     Subsection (6)(b) ends; or
1011          (B) 20% of the amount of the contribution, if the school board office candidate fails to
1012     report the contribution within 60 days after the day on which the time period described in
1013     Subsection (6)(b) ends; or
1014          (ii) (A) 10% of the value of the public service assistance, if the school board office
1015     candidate reports the public service assistance within 60 days after the day on which the time
1016     period described in Subsection (6)(b) ends; or
1017          (B) 20% of the amount of the public service assistance, if the school board office

1018     candidate fails to report the public service assistance within 60 days after the day on which the
1019     time period described in Subsection (6)(b) ends.
1020          (d) The chief election officer shall:
1021          (i) deposit money received under Subsection (6)(c) into the General Fund; and
1022          (ii) report on the chief election officer's website, in the location where reports relating
1023     to each school board office candidate are available for public access:
1024          (A) each fine imposed by the chief election officer against the school board office
1025     candidate;
1026          (B) the amount of the fine;
1027          (C) the amount of the contribution to which the fine relates; and
1028          (D) the date of the contribution.
1029          (7) Within 30 days after receiving a contribution that is cash or a negotiable
1030     instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
1031     disburse the contribution to:
1032          (a) the treasurer of the state or a political subdivision for deposit into the state's or
1033     political subdivision's general fund; or
1034          (b) an organization that is exempt from federal income taxation under Section
1035     501(c)(3), Internal Revenue Code.
1036          (8) (a) As used in this Subsection (8), "account" means an account in a financial
1037     institution:
1038          (i) that is not described in Subsection (1)(a)(i); and
1039          (ii) into which or from which a person who, as a candidate for an office, other than a
1040     school board office for which the person files a declaration of candidacy or federal office, or as
1041     a holder of an office, other than a school board office for which the person files a declaration of
1042     candidacy or federal office, deposits a contribution or makes an expenditure.
1043          (b) A school board office candidate shall include on any financial statement filed in
1044     accordance with this part:
1045          (i) a contribution deposited in an account:
1046          (A) since the last campaign finance statement was filed; or
1047          (B) that has not been reported under a statute or ordinance that governs the account; or
1048          (ii) an expenditure made from an account:

1049          (A) since the last campaign finance statement was filed; or
1050          (B) that has not been reported under a statute or ordinance that governs the account.
1051          Section 9. Section 20A-11-1303 is amended to read:
1052          20A-11-1303. School board office candidate and school board officeholder --
1053     Financial reporting requirements -- Interim reports.
1054          (1) (a) As used in this section, "received" means:
1055          (i) for a cash contribution, that the cash is given to a school board office candidate or a
1056     member of the school board office candidate's personal campaign committee;
1057          (ii) for a contribution that is a check or other negotiable instrument, that the check or
1058     other negotiable instrument is negotiated; or
1059          (iii) for any other type of contribution, that any portion of the contribution's benefit
1060     inures to the school board office candidate.
1061          [(1) (a)] (b) As used in this Subsection (1), "campaign account" means a separate
1062     campaign account required under Subsection 20A-11-1301(1)(a)(i).
1063          [(b)] (c) Each school board office candidate shall file an interim report at the following
1064     times in any year in which the candidate has filed a declaration of candidacy for a public office:
1065          [(i) May 15;]
1066          (i) (A) seven days before the political convention for the political party of the school
1067     board office candidate; or
1068          (B) May 15, if the school board office candidate does not affiliate with a political
1069     party;
1070          (ii) seven days before the regular primary election date;
1071          (iii) September 30; and
1072          (iv) seven days before the regular general election date.
1073          [(c)] (d) Each school board [office holder] officeholder who has a campaign account
1074     that has not been dissolved under Section 20A-11-1304 shall, in an even year, file an interim
1075     report at the following times, regardless of whether an election for the school board [office
1076     holder's] officeholder's office is held that year:
1077          [(i) May 15;]
1078          (i) (A) seven days before the political convention for the political party of the school
1079     board officeholder; or

1080          (B) May 15, if the school board officeholder does not affiliate with a political party;
1081          (ii) seven days before the regular primary election date for that year;
1082          (iii) September 30; and
1083          (iv) seven days before the regular general election date.
1084          (2) Each interim report shall include the following information:
1085          (a) the net balance of the last summary report, if any;
1086          (b) a single figure equal to the total amount of receipts reported on all prior interim
1087     reports, if any, during the calendar year in which the interim report is due;
1088          (c) a single figure equal to the total amount of expenditures reported on all prior
1089     interim reports, if any, filed during the calendar year in which the interim report is due;
1090          (d) a detailed listing of each contribution and public service assistance received since
1091     the last summary report that has not been reported in detail on a prior interim report;
1092          (e) for each nonmonetary contribution:
1093          (i) the fair market value of the contribution with that information provided by the
1094     contributor; and
1095          (ii) a specific description of the contribution;
1096          (f) a detailed listing of each expenditure made since the last summary report that has
1097     not been reported in detail on a prior interim report;
1098          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1099          (h) a net balance for the year consisting of the net balance from the last summary
1100     report, if any, plus all receipts since the last summary report minus all expenditures since the
1101     last summary report;
1102          (i) a summary page in the form required by the lieutenant governor that identifies:
1103          (i) beginning balance;
1104          (ii) total contributions during the period since the last statement;
1105          (iii) total contributions to date;
1106          (iv) total expenditures during the period since the last statement; and
1107          (v) total expenditures to date; and
1108          (j) the name of a political action committee for which the school board office candidate
1109     or school board [office holder] officeholder is designated as an officer who has primary
1110     decision-making authority under Section 20A-11-601.

1111          (3) (a) For all individual contributions or public service assistance of $50 or less, a
1112     single aggregate figure may be reported without separate detailed listings.
1113          (b) Two or more contributions from the same source that have an aggregate total of
1114     more than $50 may not be reported in the aggregate, but shall be reported separately.
1115          (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1116     as of five days before the required filing date of the report.
1117          (b) Any negotiable instrument or check received by a school board office candidate or
1118     school board [office holder] officeholder more than five days before the required filing date of
1119     a report required by this section shall be included in the interim report.
1120          Section 10. Section 20A-11-1305 is amended to read:
1121          20A-11-1305. School board office candidate -- Failure to file statement --
1122     Penalties.
1123          (1) (a) A school board office candidate who fails to file a financial statement by the
1124     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1125          (b) If a school board office candidate fails to file an interim report described in
1126     Subsections 20A-11-1303(1)[(b)](c)(ii) through (iv), the chief election officer shall, after
1127     making a reasonable attempt to discover if the report was timely filed, inform the county clerk
1128     and other appropriate election officials who:
1129          (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
1130     the ballots are delivered to voters; or
1131          (B) shall, if removing the candidate's name from the ballot is not practicable, inform
1132     the voters by any practicable method that the candidate has been disqualified and that votes
1133     cast for the candidate will not be counted; and
1134          (ii) may not count any votes for that candidate.
1135          (c) Any school board office candidate who fails to file timely a financial statement
1136     required by Subsection 20A-11-1303(1)[(b)](c)(ii), (iii), or (iv) is disqualified.
1137          (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
1138     not disqualified and the chief election officer may not impose a fine if:
1139          (i) the candidate timely files the reports required by this section in accordance with
1140     Section 20A-11-103;
1141          (ii) those reports are completed, detailing accurately and completely the information

1142     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1143     and
1144          (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
1145     corrected in:
1146          (A) an amended report; or
1147          (B) the next scheduled report.
1148          (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
1149     board office candidate, the lieutenant governor shall review each filed summary report to
1150     ensure that:
1151          (i) each school board office candidate [that] who is required to file a summary report
1152     has filed one; and
1153          (ii) each summary report contains the information required by this part.
1154          (b) If it appears that a school board office candidate has failed to file the summary
1155     report required by law, if it appears that a filed summary report does not conform to the law, or
1156     if the lieutenant governor has received a written complaint alleging a violation of the law or the
1157     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1158     violation or receipt of a written complaint, notify the school board office candidate of the
1159     violation or written complaint and direct the school board office candidate to file a summary
1160     report correcting the problem.
1161          (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
1162     summary report within seven days after receiving notice from the lieutenant governor under
1163     this section.
1164          (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
1165     class B misdemeanor.
1166          (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1167     attorney general.
1168          (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
1169     governor shall impose a civil fine of $100 against a school board office candidate who violates
1170     Subsection (2)(c)(i).
1171          Section 11. Section 20A-14-103 is amended to read:
1172          20A-14-103. State Board of Education -- Term -- Requirements.

1173          (1) [(a)] Unless otherwise provided by law, each State Board of Education member
1174     elected from a State Board of Education district at [the 2010] or before the 2016 general
1175     election shall[: (i)] serve out the term of office for which that member was elected[; and].
1176          [(ii) represent the realigned district if the member resides in that district.]
1177          [(b) At the general election to be held in 2012, a State Board of Education member
1178     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
1179     to serve a term of office of four years.]
1180          [(c) In order to ensure that the terms of approximately half of the State Board of
1181     Education members expire every two years:]
1182          [(i) at the general election to be held in 2012, the State Board of Education member
1183     elected from State Board of Education District 1 shall be elected to serve a term of office of
1184     two years; and]
1185          [(ii) at the general election to be held in 2014, the State Board of Education member
1186     elected from State Board of Education District 1 shall be elected to serve a term of office of
1187     four years.]
1188          (2) (a) A person seeking election to the State Board of Education shall have been a
1189     resident of the State Board of Education district in which the person is seeking election for at
1190     least one year as of the date of the election.
1191          (b) A person who has resided within the State Board of Education district, as the
1192     boundaries of the district exist on the date of the election, for one year immediately preceding
1193     the date of the election shall be considered to have met the requirements of this Subsection (2).
1194          (3) A State Board of Education member shall:
1195          (a) be and remain a registered voter in the State Board of Education district from which
1196     the member was elected or appointed; and
1197          (b) maintain the member's primary residence within the State Board of Education
1198     district from which the member was elected or appointed during the member's term of office.
1199          (4) A State Board of Education member may not, during the member's term of office,
1200     also serve as an employee of:
1201          (a) the State Board of Education;
1202          (b) the Utah State Office of Education; or
1203          (c) the Utah State Office of Rehabilitation.

1204          Section 12. Section 20A-14-104 is amended to read:
1205          20A-14-104. Becoming a candidate for membership on the State Board of
1206     Education.
1207          (1) [(a) Persons] An individual interested in becoming a candidate for the State Board
1208     of Education shall:
1209          (a) (i) for the 2016 general election, file a declaration of candidacy [according to], in
1210     accordance with the procedures and requirements of Sections 20A-9-201 and 20A-9-202[.],
1211     before 5 p.m. on March 17, 2016; or
1212          (ii) for a general election held after 2016, file a declaration of candidacy, in accordance
1213     with the procedures and requirements of Sections 20A-9-201 and 20A-9-202, on or after the
1214     second Friday in March, and before 5 p.m. on the third Thursday in March, before the next
1215     regular general election; and
1216          (b) pay the filing fee described in Section 20A-9-202.
1217          [(b) By May 1 of the year in which a State Board of Education member's term expires,
1218     the lieutenant governor shall submit the name of each person who has filed a declaration of
1219     candidacy for the State Board of Education to the nominating and recruiting committee for the
1220     State Board of Education.]
1221          (2) The lieutenant governor shall:
1222          (a) review the declarations of candidacy filed by candidates for the office of State
1223     Board of Education member to determine if more than two candidates have filed for the same
1224     seat;
1225          (b) place the names of all candidates who have filed a declaration of candidacy for a
1226     State Board of Education seat on the nonpartisan section of the ballot if more than two
1227     candidates have filed for the same seat; and
1228          (c) determine the order of the State Board of Education candidates' names on the ballot
1229     in accordance with Section 20A-6-305.
1230          [(2) By November 1 of the year preceding each regular general election year, a
1231     nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
1232     shall be appointed by the governor as follows:]
1233          [(a) one member shall be appointed to represent each of the following business and
1234     industry sectors:]

1235          [(i) manufacturing and mining;]
1236          [(ii) transportation and public utilities;]
1237          [(iii) service, trade, and information technology;]
1238          [(iv) finance, insurance, and real estate;]
1239          [(v) construction; and]
1240          [(vi) agriculture; and]
1241          [(b) one member shall be appointed to represent each of the following education
1242     sectors:]
1243          [(i) teachers;]
1244          [(ii) school administrators;]
1245          [(iii) parents;]
1246          [(iv) local school board members;]
1247          [(v) charter schools; and]
1248          [(vi) higher education.]
1249          [(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
1250     through (vi) shall be appointed from lists containing at least two names submitted by
1251     organizations representing each of the respective sectors.]
1252          [(b) At least one member of the nominating and recruiting committee shall reside
1253     within each state board district in which a member's term expires during the committee's
1254     two-year term of office.]
1255          [(4) (a) The members shall elect one member to serve as chair for the committee.]
1256          [(b) The chair, or another member of the committee designated by the chair, shall
1257     schedule and convene all committee meetings.]
1258          [(c) Any formal action by the committee requires the approval of a majority of
1259     committee members.]
1260          [(d) Members of the nominating and recruiting committee shall serve without
1261     compensation, but they may be reimbursed for expenses incurred in the performance of their
1262     official duties as established by the Division of Finance.]
1263          [(5) The nominating and recruiting committee shall:]
1264          [(a) recruit potential candidates for membership on the State Board of Education prior
1265     to the deadline to file a declaration of candidacy;]

1266          [(b) prepare a list of candidates for membership on the State Board of Education for
1267     each state board district subject to election in that year using the qualifications under
1268     Subsection (6);]
1269          [(c) submit a list of at least three candidates for each state board position to the
1270     governor by July 1; and]
1271          [(d) ensure that the list includes appropriate background information on each
1272     candidate.]
1273          [(6) The nominating committee shall select a broad variety of candidates who possess
1274     outstanding professional qualifications relating to the powers and duties of the State Board of
1275     Education, including experience in the following areas:]
1276          [(a) business and industry administration;]
1277          [(b) business and industry human resource management;]
1278          [(c) business and industry finance;]
1279          [(d) business and industry, including expertise in:]
1280          [(i) metrics and evaluation;]
1281          [(ii) manufacturing;]
1282          [(iii) retailing;]
1283          [(iv) natural resources;]
1284          [(v) information technology;]
1285          [(vi) construction;]
1286          [(vii) banking;]
1287          [(viii) science and engineering; and]
1288          [(ix) medical and healthcare;]
1289          [(e) higher education administration;]
1290          [(f) applied technology education;]
1291          [(g) public education administration;]
1292          [(h) public education instruction;]
1293          [(i) economic development;]
1294          [(j) labor; and]
1295          [(k) other life experiences that would benefit the State Board of Education.]
1296          Section 13. Section 20A-14-104.1 is enacted to read:

1297          20A-14-104.1. State Board of Education -- Declaration of candidacy.
1298          (1) A person interested in becoming a candidate for the State Board of Education shall
1299     file a declaration of candidacy according to the procedures and requirements of Sections
1300     20A-9-201 and 20A-9-202.
1301          (2) The office of State Board of Education member is a partisan office.
1302          Section 14. Section 63I-2-220 is amended to read:
1303          63I-2-220. Repeal dates, Title 20A.
1304          [(1) Section 20A-3-704 is repealed January 1, 2016.]
1305          [(2) Section 20A-5-410 is repealed January 1, 2016.]
1306          [(3) (a) Subsection 20A-7-101(1)(a)(i), the language that states "of the first class" and
1307     "; or" is repealed January 1, 2015.]
1308          [(b) Subsection 20A-7-101(1)(a)(ii), the language that states "for a county not
1309     described in Subsection (1)(a)(i), a person designated as budget officer in Section 17-19-19" is
1310     repealed January 1, 2015.]
1311          [(4) Section 20A-9-403.1 is repealed on January 1, 2015.]
1312          On January 1, 2017:
1313          (1) in Subsection 20A-1-102(70), the language that states "State Board of Education
1314     and" is repealed;
1315          (2) in Subsection 20A-9-201(4)(a), the language that states "and State Board of
1316     Education candidates" is repealed;
1317          (3) Subsection 20A-9-201(9) is repealed;
1318          (4) in Subsection 20A-9-403(4)(c), the language that states "State Board of Education
1319     and" is repealed;
1320          (5) in Subsection 20A-9-403(5)(a), the language that states "State Board of Education
1321     or" is repealed; and
1322          (6) Section 20A-14-104 is repealed.
1323          Section 15. Repealer.
1324          This bill repeals:
1325          Section 20A-14-105, Becoming a candidate for membership on the State Board of
1326     Education -- Selection of candidates by the governor -- Ballot placement.
1327          Section 16. Effective date.

1328          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1329     elected to each house, this bill takes effect upon approval by the governor, or the day following
1330     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1331     signature, or in the case of a veto, the date of veto override.
1332          (2) The following sections take effect on January 1, 2017:
1333          (a) Section 20A-1-504;
1334          (b) Section 20A-9-407;
1335          (c) Section 20A-9-408;
1336          (d) Section 20A-11-403;
1337          (e) Section 20A-11-1301;
1338          (f) Section 20A-11-1303;
1339          (g) Section 20A-11-1305; and
1340          (h) Section 20A-14-104.1.