Second Substitute H.B. 78

Representative Glenn L. Way proposes to substitute the following bill:

1 STATE BOARD OF EDUCATION ELECTION AMENDMENTS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Glenn L. Way
5 AN ACT RELATING TO THE STATE BOARD OF EDUCATION; MODIFYING THE
6 PROCEDURE BY WHICH INDIVIDUALS BECOME CANDIDATES FOR MEMBERSHIP ON
7 THE STATE BOARD OF EDUCATION; AND PROVIDING FOR THE PLACEMENT OF
8 CANDIDATES' NAMES ON THE ELECTION BALLOT.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-9-201, as last amended by Chapters 22 and 45, Laws of Utah 1999
12 20A-9-403, as last amended by Chapters 24, 182 and 184, Laws of Utah 1997
13 20A-14-105, as enacted by Chapter 1, Laws of Utah 1995
14 REPEALS AND REENACTS:
15 20A-14-104, as last amended by Chapter 184, Laws of Utah 1997
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 20A-9-201 is amended to read:
18 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
19 more than one political party prohibited with exceptions -- General filing and form
20 requirements.
21 (1) Before filing a declaration of candidacy for election to any office, a person shall:
22 (a) be a United States citizen; and
23 (b) meet the legal requirements of that office.
24 (2) (a) Except as provided in Subsection (2)(b), a person may not:
25 (i) file a declaration of candidacy for, or be a candidate for, more than one office in Utah

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

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

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

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

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

______________________

111

(signature)

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

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

150 (c) conduct a lottery to determine the order of the candidates' names on the ballot.
151 [(4)] (5) After the county clerk receives the certified list from a registered political party,
152 the county clerk shall post or publish a primary election notice in substantially the following form:
153 "Notice is given that a primary election will be held Tuesday, June ____, [19] 20__, to
154 nominate party candidates for the parties and nonpartisan offices listed on the primary ballot. The
155 polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
156 until 8 p.m. of the same day. Attest: county clerk".
157 [(5)] (6) (a) Candidates receiving the highest number of votes cast for each office at the
158 regular primary election are nominated by their party or nonpartisan group for that office.
159 (b) If two or more candidates are to be elected to the office at the regular general election,
160 those party candidates equal in number to positions to be filled who receive the highest number
161 of votes at the regular primary election are the nominees of their party for those positions.
162 [(6)] (7) (a) When a tie vote occurs in any primary election for any national, state, or other
163 office that represents more than one county, the governor, lieutenant governor, and attorney general
164 shall, at a public meeting called by the governor and in the presence of the candidates involved,
165 select the nominee by lot cast in whatever manner the governor determines.
166 (b) When a tie vote occurs in any primary election for any county office, the district court
167 judges of the district in which the county is located shall, at a public meeting called by the judges
168 and in the presence of the candidates involved, select the nominee by lot cast in whatever manner
169 the judges determine.
170 [(7)] (8) The expense of providing all ballots, blanks, or other supplies to be used at any
171 primary election provided for by this section, and all expenses necessarily incurred in the
172 preparation for or the conduct of that primary election shall be paid out of the treasury of the
173 county or state, in the same manner as for the regular general elections.
174 Section 3. Section 20A-14-104 is repealed and reenacted to read:
175 20A-14-104. Becoming a candidate for membership on the State Board of Education
176 -- Declaration of candidacy.
177 An individual interested in becoming a candidate for the State Board of Education shall file
178 a declaration of candidacy according to the procedures and requirements of Sections 20A-9-201
179 and 20A-9-202 .
180 Section 4. Section 20A-14-105 is amended to read:

181 20A-14-105. Candidates for membership on the State Board of Education -- Ballot
182 placement.
183 [(1) By September 1 of each regular general election year, the governor shall:]
184 [(a) for each state board district subject to election in that year, select two candidates for
185 the State Board of Education from the lists submitted by the state board district nominating
186 committees; and]
187 [(b) certify the names of the two candidates from each school board district to the
188 lieutenant governor.]
189 [(2) If the governor fails to select two candidates for a state board district by September
190 1, the nominating committee from that district shall:]
191 [(a) select the two candidates; and]
192 [(b) notify the lieutenant governor of its selections by September 15.]
193 (1) The names of the two State Board of Education candidates who received the most votes
194 in the primary election for the state board office shall be placed on the November general ballot
195 with the name of the individual who received the most votes in the primary election listed first.
196 [(3)] (2) The lieutenant governor shall[: (a)] conduct a lottery to determine the order of the
197 candidates' names on the ballot[;], if the candidates' names did not appear on the primary ballot
198 under Section 20A-9-403 .
199 [(b)] (3) The lieutenant governor shall certify the names and order of the names to the
200 county clerks for placement on the nonpartisan section of the ballot.