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H.B. 78

             1     

STATE BOARD OF EDUCATION ELECTION

             2     
AMENDMENTS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Glenn L. Way

             6      AN ACT RELATING TO THE STATE BOARD OF EDUCATION; MODIFYING THE
             7      PROCEDURE BY WHICH INDIVIDUALS BECOME CANDIDATES FOR MEMBERSHIP ON
             8      THE STATE BOARD OF EDUCATION; AND PROVIDING FOR THE PLACEMENT OF
             9      CANDIDATES' NAMES ON THE ELECTION BALLOT.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          20A-9-201, as last amended by Chapters 22 and 45, Laws of Utah 1999
             13          20A-9-403, as last amended by Chapters 24, 182 and 184, Laws of Utah 1997
             14          20A-14-105, as enacted by Chapter 1, Laws of Utah 1995
             15      REPEALS AND REENACTS:
             16          20A-14-104, as last amended by Chapter 184, Laws of Utah 1997
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 20A-9-201 is amended to read:
             19           20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
             20      more than one political party prohibited with exceptions -- General filing and form
             21      requirements.
             22          (1) Before filing a declaration of candidacy for election to any office, a person shall:
             23          (a) be a United States citizen; and
             24          (b) meet the legal requirements of that office.
             25          (2) (a) Except as provided in Subsection (2)(b), a person may not:
             26          (i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah
             27      during any election year; or


             28          (ii) appear on the ballot as the candidate of more than one political party.
             29          (b) A person may file a declaration of candidacy for, or be a candidate for, President or
             30      Vice President of the United States and another office, if the person resigns the person's candidacy
             31      for the other office after the person is officially nominated for President or Vice President of the
             32      United States.
             33          (3) If the final date established for filing a declaration of candidacy is a Saturday or
             34      Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
             35          (4) (a) (i) Except for presidential candidates, before the filing officer may accept any
             36      declaration of candidacy, the filing officer shall:
             37          (A) read to the prospective candidate the constitutional and statutory qualification
             38      requirements for the office that the candidate is seeking; and
             39          (B) require the candidate to state whether or not the candidate meets those requirements.
             40          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
             41      county clerk shall ensure that the person filing that declaration of candidacy is:
             42          (A) a United States citizen;
             43          (B) an attorney licensed to practice law in Utah who is an active member in good standing
             44      of the Utah State Bar;
             45          (C) a registered voter in the county in which he is seeking office; and
             46          (D) a current resident of the county in which he is seeking office and either has been a
             47      resident of that county for at least one year or was appointed and is currently serving as county
             48      attorney and became a resident of the county within 30 days after appointment to the office.
             49          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
             50      county clerk shall ensure that, as of the date of the election, the person filing that declaration of
             51      candidacy is:
             52          (A) a United States citizen;
             53          (B) an attorney licensed to practice law in Utah who is an active member in good standing
             54      of the Utah State Bar;
             55          (C) a registered voter in the prosecution district in which he is seeking office; and
             56          (D) a current resident of the prosecution district in which he is seeking office and either
             57      will have been a resident of that prosecution district for at least one year as of the date of the
             58      election or was appointed and is currently serving as district attorney and became a resident of the


             59      prosecution district within 30 days after receiving appointment to the office.
             60          (b) If the prospective candidate states that he does not meet the qualification requirements
             61      for the office, the filing officer may not accept the prospective candidate's declaration of candidacy.
             62          (c) If the candidate states that he meets the requirements of candidacy, the filing officer
             63      shall:
             64          (i) accept the candidate's declaration of candidacy; and
             65          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
             66      declaration of candidacy to the chair of the county or state political party of which the candidate
             67      is a member.
             68          (5) Except for presidential candidates, the form of the declaration of candidacy shall be
             69      substantially as follows:
             70          "State of Utah, County of ____
             71          I, ______________, declare my intention of becoming a candidate for the office of ____
             72      as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
             73      legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
             74      Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
             75      and elections; and I will qualify for the office if elected to it. The mailing address that I designate
             76      for receiving official election notices is ___________________________.
             77      ____________________________________________________________________
             78          Subscribed and sworn before me this ____ day of ____, [19] 20__.
             79     
_________________________________________________

             80     
Notary Public (or other officer qualified to administer oath.)"

             81          (6) (a) Except for presidential candidates, the fee for filing a declaration of candidacy is:
             82          (i) $25 for candidates for the [local] State Board of Education and for a school district
             83      board; and
             84          (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person holding
             85      the office, but not less than $5, for all other federal, state, and county offices.
             86          (b) Except for presidential candidates, the filing officer shall refund the filing fee to any
             87      candidate:
             88          (i) who is disqualified; or
             89          (ii) who the filing officer determines has filed improperly.


             90          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received from
             91      candidates.
             92          (ii) The lieutenant governor shall:
             93          (A) apportion to and pay to the county treasurers of the various counties all fees received
             94      for filing of nomination certificates or acceptances; and
             95          (B) ensure that each county receives that proportion of the total amount paid to the
             96      lieutenant governor from the congressional district that the total vote of that county for all
             97      candidates for representative in Congress bears to the total vote of all counties within the
             98      congressional district for all candidates for representative in Congress.
             99          (d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
             100      without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
             101      impecuniosity filed with the filing officer.
             102          (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
             103      substantially the following form:
             104          "Affidavit of Impecuniosity
             105      Individual Name ____________________________Address_____________________________
             106      Phone Number _________________
             107      I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
             108      I am unable to pay the filing fee required by law.
             109      Date ______________ Signature________________________________________________
             110      Affiant
             111      Subscribed and sworn to before me on ___________(date)
             112     
______________________

             113     
(signature)

             114          Name and Title of Officer Authorized to Administer Oath:"
             115          (7) Any person who fails to file a declaration of candidacy or certificate of nomination
             116      within the time provided in this chapter is ineligible for nomination to office.
             117          Section 2. Section 20A-9-403 is amended to read:
             118           20A-9-403. Regular primary elections.
             119          (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
             120      primary election day.


             121          (b) Each registered political party that chooses to use the primary election process to
             122      nominate some or all of its candidates shall comply with the requirements of this section.
             123          (2) (a) (i) Each registered political party that wishes to participate in the primary election
             124      shall submit the names of its county candidates to the county clerks and the names of all of its
             125      candidates to the lieutenant governor by 5 p.m. on May 13 of each even-numbered year.
             126          (ii) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall send
             127      the county clerks a certified list of the names of all statewide or multicounty candidates that must
             128      be printed on the primary ballot.
             129          (b) (i) Except as provided in Subsection (2)(b)(ii), if a registered political party does not
             130      wish to participate in the primary election, it shall submit the names of its county candidates to the
             131      county clerks and the names of all of its candidates to the lieutenant governor by 5 p.m. on May
             132      30 of each even-numbered year.
             133          (ii) Notwithstanding Subsection (2)(b)(i), a registered political party's candidates for
             134      President and Vice President of the United States shall be certified to the lieutenant governor as
             135      provided in Subsection 20A-9-202 (4).
             136          (c) Each political party shall certify the names of its presidential and vice-presidential
             137      candidates and presidential electors to the lieutenant governor's office by August 30 of each
             138      presidential election year.
             139          (3) (a) By 5 p.m. on May 16 of each even-numbered year, the lieutenant governor shall:
             140          (i) conduct a lottery to determine the order of names of candidates for membership on the
             141      State Board of Education on the primary ballot; and
             142          (ii) send each county clerk a certified list of the names and order of names of the state
             143      board candidates to be printed on the primary ballot in the county clerk's county.
             144          (b) The names of state board candidates shall be printed on the primary ballot only if more
             145      than two candidates have filed for the office.
             146          [(3)] (4) The county clerk shall:
             147          (a) review the declarations of candidacy filed by candidates for local boards of education
             148      to determine if more than two candidates have filed for the same seat;
             149          (b) place the names of all candidates who have filed a declaration of candidacy for a local
             150      board of education seat on the nonpartisan section of the ballot if more than two candidates have
             151      filed for the same seat; and


             152          (c) conduct a lottery to determine the order of the candidates' names on the ballot.
             153          [(4)] (5) After the county clerk receives the certified list from a registered political party,
             154      the county clerk shall post or publish a primary election notice in substantially the following form:
             155          "Notice is given that a primary election will be held Tuesday, June ____, [19] 20__, to
             156      nominate party candidates for the parties and nonpartisan offices listed on the primary ballot. The
             157      polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
             158      until 8 p.m. of the same day. Attest: county clerk".
             159          [(5)] (6) (a) Candidates receiving the highest number of votes cast for each office at the
             160      regular primary election are nominated by their party or nonpartisan group for that office.
             161          (b) If two or more candidates are to be elected to the office at the regular general election,
             162      those party candidates equal in number to positions to be filled who receive the highest number
             163      of votes at the regular primary election are the nominees of their party for those positions.
             164          [(6)] (7) (a) When a tie vote occurs in any primary election for any national, state, or other
             165      office that represents more than one county, the governor, lieutenant governor, and attorney general
             166      shall, at a public meeting called by the governor and in the presence of the candidates involved,
             167      select the nominee by lot cast in whatever manner the governor determines.
             168          (b) When a tie vote occurs in any primary election for any county office, the district court
             169      judges of the district in which the county is located shall, at a public meeting called by the judges
             170      and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
             171      the judges determine.
             172          [(7)] (8) The expense of providing all ballots, blanks, or other supplies to be used at any
             173      primary election provided for by this section, and all expenses necessarily incurred in the
             174      preparation for or the conduct of that primary election shall be paid out of the treasury of the
             175      county or state, in the same manner as for the regular general elections.
             176          Section 3. Section 20A-14-104 is repealed and reenacted to read:
             177          20A-14-104. Becoming a candidate for membership on the State Board of Education
             178      -- Declaration of candidacy.
             179          An individual interested in becoming a candidate for the State Board of Education shall file
             180      a declaration of candidacy according to the procedures and requirements of Sections 20A-9-201
             181      and 20A-9-202 .
             182          Section 4. Section 20A-14-105 is amended to read:


             183           20A-14-105. Candidates for membership on the State Board of Education -- Ballot
             184      placement.
             185          [(1) By September 1 of each regular general election year, the governor shall:]
             186          [(a) for each state board district subject to election in that year, select two candidates for
             187      the State Board of Education from the lists submitted by the state board district nominating
             188      committees; and]
             189          [(b) certify the names of the two candidates from each school board district to the
             190      lieutenant governor.]
             191          [(2) If the governor fails to select two candidates for a state board district by September
             192      1, the nominating committee from that district shall:]
             193          [(a) select the two candidates; and]
             194          [(b) notify the lieutenant governor of its selections by September 15.]
             195          (1) The names of the two State Board of Education candidates who received the most votes
             196      in the primary election for the state board office shall be placed on the November general ballot
             197      with the name of the individual who received the most votes in the primary election listed first.
             198          [(3)] (2) The lieutenant governor shall[: (a)] conduct a lottery to determine the order of the
             199      candidates' names on the ballot[;], if the candidates' names did not appear on the primary ballot
             200      under Section 20A-9-403 .
             201          [(b)] (3) The lieutenant governor shall certify the names and order of the names to the
             202      county clerks for placement on the nonpartisan section of the ballot.




Legislative Review Note
    as of 12-28-99 8:43 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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