H.B. 61

1

STATE SCHOOL BOARD ELECTIONS AND
2 FILLING OF VACANCIES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: James A. Ferrin
6
7 LONG TITLE
8 General Description:
9 This bill establishes partisan elections and filling of vacancies for State Board of
10 Education members.
11 Highlighted Provisions:
12 This bill:
13 . replaces the existing process for nominating State Board of Education candidates
14 with partisan elections; and
15 . modifies the process for filling State Board of Education midterm vacancies to
16 include nomination by a political party.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-1-507, as enacted by Chapter 1, Laws of Utah 1993
24 20A-5-101, as last amended by Chapter 249, Laws of Utah 2003
25 20A-6-301, as last amended by Chapter 57, Laws of Utah 2001
26 20A-6-302, as last amended by Chapter 241, Laws of Utah 2001
27 REPEALS AND REENACTS:

28 20A-14-104, as last amended by Chapter 19, Laws of Utah 2004
29 REPEALS:
30 20A-14-105, as last amended by Chapter 315, Laws of Utah 2003
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 20A-1-507 is amended to read:
34 20A-1-507. Midterm vacancies in the State Board of Education.
35 (1) If a vacancy occurs on the State Board of Education for any reason other than the
36 expiration of a member's term[,]:
37 (a) the governor, with the consent of the Senate, shall fill the vacancy by [appointment
38 of] appointing a qualified member to serve out the unexpired term[.] if the member leaving
39 office was:
40 (i) elected in a nonpartisan election;
41 (ii) appointed to replace a member elected in a nonpartisan election; or
42 (iii) elected in a partisan election but is unaffiliated with any political party; or
43 (b) the governor shall fill the vacancy by immediately appointing the person whose
44 name was submitted by the party liaison, as defined in Section 20A-1-503 , of the same political
45 party as the prior member if the member leaving office was:
46 (i) elected as a political party's candidate in a partisan election; or
47 (ii) appointed to replace a member elected as a political party's candidate in a partisan
48 election.
49 (2) The lieutenant governor shall issue a certificate of appointment to the appointed
50 member and certify the appointment to the board.
51 Section 2. Section 20A-5-101 is amended to read:
52 20A-5-101. Notice of election.
53 (1) On or before February 1 in each regular general election year, the lieutenant
54 governor shall prepare and transmit a written notice to each county clerk that:
55 (a) designates the offices to be filled at the regular general election, including state
56 school board offices;
57 (b) identifies the dates for filing a declaration of candidacy for those offices; and
58 (c) contains a description of any ballot propositions to be decided by the voters that

59 have qualified for the ballot as of that date.
60 (2) (a) No later than February 10, each county clerk shall:
61 (i) publish a notice once in a newspaper published in that county; or
62 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
63 give notice of the election to the voters in each voting precinct within the county; and
64 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
65 where the notice was posted.
66 (b) The notice required by Subsection (2)(a) shall:
67 (i) designate the offices to be voted on in that election in that county, other than special
68 district offices; and
69 (ii) identify the dates for filing a declaration of candidacy for those offices.
70 (3) Before each election, the election officer shall give written or printed notice of:
71 (a) the date and place of election;
72 (b) the hours during which the polls will be open;
73 (c) the polling places for each voting precinct; and
74 (d) the qualifications for persons to vote in the election.
75 (4) To provide the notice required by Subsection (3), the election officer shall publish
76 the notice at least two days before the election in a newspaper of general circulation common to
77 the area or in which the election is being held.
78 Section 3. Section 20A-6-301 is amended to read:
79 20A-6-301. Paper ballots -- Regular general election.
80 (1) Each election officer shall ensure that:
81 (a) all ballots furnished for use at the regular general election contain no captions or
82 other endorsements except as provided in this section;
83 (b) (i) the ballot contains a ballot stub at least one inch wide, placed across the top of
84 the ballot, and divided from the rest of ballot by a perforated line;
85 (ii) the ballot number and the words "Judge's Initial ____" are printed on the stub; and
86 (iii) ballot stubs are numbered consecutively;
87 (c) immediately below the perforated ballot stub, the following endorsements are
88 printed in 18-point bold type:
89 (i) "Official Ballot for ____ County, Utah";

90 (ii) the date of the election; and
91 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
92 (d) each ticket is placed in a separate column on the ballot in the order determined by
93 the election officer with the party emblem, followed by the party name, at the head of the
94 column;
95 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
96 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title,
97 and the top of the circle is placed not less than two inches below the perforated line;
98 (g) unaffiliated candidates and candidates not affiliated with a registered political party
99 are listed in one column, without a party circle, with the following instructions printed at the
100 head of the column: "All candidates not affiliated with a political party are listed below. They
101 are to be considered with all offices and candidates listed to the left. Only one vote is allowed
102 for each office.";
103 (h) the columns containing the lists of candidates, including the party name and device,
104 are separated by heavy parallel lines;
105 (i) the offices to be filled are plainly printed immediately above the names of the
106 candidates for those offices;
107 (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
108 1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of
109 an inch apart;
110 (k) a square with sides measuring not less than 1/4 of an inch in length is printed at the
111 right of the name of each candidate;
112 (l) for the offices of president and vice president and governor and lieutenant governor,
113 one square with sides measuring not less than 1/4 of an inch in length is printed opposite a
114 double bracket enclosing the right side of the names of the two candidates;
115 (m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
116 write-in column long enough to contain as many written names of candidates as there are
117 persons to be elected with:
118 (i) the offices to be filled printed above the blank spaces on the ticket; and
119 (ii) the words "Write-In Voting Column" printed at the head of the column without a
120 1/2 inch circle;

121 (n) when required, the ballot includes a nonpartisan ticket placed immediately to the
122 right of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point
123 solid rule running vertically the full length of the nonpartisan ballot copy; and
124 (o) constitutional amendments or other questions submitted to the vote of the people,
125 are printed on the ballot after the list of candidates.
126 (2) Each election officer shall ensure that:
127 (a) each person nominated by any political party or group of petitioners is placed on the
128 ballot:
129 (i) under the party name and emblem, if any; or
130 (ii) under the title of the party or group as designated by them in their certificates of
131 nomination or petition, or, if none is designated, then under some suitable title;
132 (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
133 Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
134 (c) the names of the candidates for president and vice president are used on the ballot
135 instead of the names of the presidential electors; and
136 (d) the ballots contain no other names.
137 (3) When the ballot contains a nonpartisan section, the election officer shall ensure
138 that:
139 (a) the designation of the office to be filled in the election and the number of
140 candidates to be elected are printed in type not smaller than eight-point;
141 (b) the words designating the office are printed flush with the left-hand margin;
142 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
143 the column;
144 (d) the nonpartisan candidates are grouped according to the office for which they are
145 candidates;
146 (e) the names in each group are placed in alphabetical order with the surnames last,
147 except for candidates for [the State Board of Education and] local school boards;
148 [(f) the names of candidates for the State Board of Education are placed on the ballot as
149 certified by the lieutenant governor under Section 20A-14-105 ;]
150 [(g)] (f) if candidates for membership on a local board of education were selected in a
151 primary election, the name of the candidate who received the most votes in the primary election

152 is listed first on the ballot;
153 [(h)] (g) if candidates for membership on a local board of education were not selected
154 in the primary election, the names of the candidates are listed on the ballot in the order
155 determined by a lottery conducted by the county clerk; and
156 [(i)] (h) each group is preceded by the designation of the office for which the
157 candidates seek election, and the words, "Vote for one" or "Vote for two or more," according to
158 the number to be elected.
159 (4) Each election officer shall ensure that:
160 (a) proposed amendments to the Utah Constitution are listed on the ballot under the
161 heading "Constitutional Amendment Number __" with the number of the constitutional
162 amendment as assigned under Section 20A-7-103 placed in the blank;
163 (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot
164 under the heading "State Proposition Number __" with the number of the state proposition as
165 assigned under Section 20A-7-103 placed in the blank;
166 (c) propositions submitted to the voters by a county are listed on the ballot under the
167 heading "County Proposition Number __" with the number of the county proposition as
168 assigned by the county legislative body placed in the blank;
169 (d) propositions submitted to the voters by a school district are listed on the ballot
170 under the heading "School District Proposition Number __" with the number of the school
171 district proposition as assigned by the county legislative body placed in the blank;
172 (e) state initiatives that have qualified for the ballot are listed on the ballot under the
173 heading "Citizen's State Initiative Number __" with the number of the state initiative as
174 assigned by Section 20A-7-209 placed in the blank;
175 (f) county initiatives that have qualified for the ballot are listed on the ballot under the
176 heading "Citizen's County Initiative Number __" with the number of the county initiative as
177 assigned under Section 20A-7-508 placed in the blank;
178 (g) state referenda that have qualified for the ballot are listed on the ballot under the
179 heading "Citizen's State Referendum Number __" with the number of the state referendum as
180 assigned under Sections 20A-7-209 and 20A-7-308 placed in the blank; and
181 (h) county referenda that have qualified for the ballot are listed on the ballot under the
182 heading "Citizen's County Referendum Number __" with the number of the county referendum

183 as assigned under Section 20A-7-608 placed in the blank.
184 Section 4. Section 20A-6-302 is amended to read:
185 20A-6-302. Placement of candidates' names on paper ballots.
186 (1) Each election officer shall ensure, for paper ballots in regular general elections,
187 that:
188 (a) except for candidates for [state school board and] local school boards:
189 (i) each candidate is listed by party; and
190 (ii) candidates' surnames are listed in alphabetical order on the ballots when two or
191 more candidates' names are required to be listed on a ticket under the title of an office;
192 [(b) the names of candidates for the State Board of Education are placed on the ballot
193 as certified by the lieutenant governor under Section 20A-14-105 ;]
194 [(c)] (b) if candidates for membership on a local board of education were selected in a
195 regular primary election, the name of the candidate who received the most votes in the regular
196 primary election is listed first on the ballot; and
197 [(d)] (c) if candidates for membership on a local board of education were not selected
198 in the regular primary election, the names of the candidates are listed on the ballot in the order
199 determined by a lottery conducted by the county clerk.
200 (2) (a) The election officer may not allow the name of a candidate who dies or
201 withdraws before election day to be printed upon the ballots.
202 (b) If the ballots have already been printed, the election officer:
203 (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a
204 line through the candidate's name before the ballots are delivered to voters; and
205 (ii) may not count any votes for that dead or withdrawn candidate.
206 (3) (a) When there is only one candidate for county attorney at the regular general
207 election in counties that have three or fewer registered voters of the county who are licensed
208 active members in good standing of the Utah State Bar, the county clerk shall cause that
209 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
210 with the following question: "Shall (name of candidate) be elected to the office of county
211 attorney? Yes ____ No ____."
212 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
213 elected to the office of county attorney.

214 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
215 elected and may not take office, nor may he continue in the office past the end of the term
216 resulting from any prior election or appointment.
217 (d) When the name of only one candidate for county attorney is printed on the ballot
218 under authority of this Subsection (3), the county clerk may not count any write-in votes
219 received for the office of county attorney.
220 (e) If no qualified person files for the office of county attorney or if the candidate is not
221 elected by the voters, the county legislative body shall appoint the county attorney as provided
222 in Section 20A-1-509.2 .
223 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
224 the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
225 two consecutive terms immediately preceding the term for which the candidate is seeking
226 election, Subsection (3)(a) shall not apply and that candidate shall be considered to be an
227 unopposed candidate the same as any other unopposed candidate for another office, unless a
228 petition is filed with the county clerk before the date of that year's primary election that:
229 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
230 (ii) contains the signatures of registered voters in the county representing in number at
231 least 25% of all votes cast in the county for all candidates for governor at the last election at
232 which a governor was elected.
233 (4) (a) When there is only one candidate for district attorney at the regular general
234 election in a prosecution district that has three or fewer registered voters of the district who are
235 licensed active members in good standing of the Utah State Bar, the county clerk shall cause
236 that candidate's name and party affiliation, if any, to be placed on a separate section of the
237 ballot with the following question: "Shall (name of candidate) be elected to the office of district
238 attorney? Yes ____ No ____."
239 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
240 elected to the office of district attorney.
241 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
242 elected and may not take office, nor may he continue in the office past the end of the term
243 resulting from any prior election or appointment.
244 (d) When the name of only one candidate for district attorney is printed on the ballot

245 under authority of this Subsection (4), the county clerk may not count any write-in votes
246 received for the office of district attorney.
247 (e) If no qualified person files for the office of district attorney, or if the only candidate
248 is not elected by the voters under this subsection, the county legislative body shall appoint a
249 new district attorney for a four-year term as provided in Section 20A-1-509.2 .
250 (f) If the candidate whose name would, except for this Subsection (4)(f), be placed on
251 the ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the
252 two consecutive terms immediately preceding the term for which the candidate is seeking
253 election, Subsection (4)(a) shall not apply and that candidate shall be considered to be an
254 unopposed candidate the same as any other unopposed candidate for another office, unless a
255 petition is filed with the county clerk before the date of that year's primary election that:
256 (i) requests the procedure set forth in Subsection (4)(a) to be followed; and
257 (ii) contains the signatures of registered voters in the county representing in number at
258 least 25% of all votes cast in the county for all candidates for governor at the last election at
259 which a governor was elected.
260 Section 5. Section 20A-14-104 is repealed and reenacted to read:
261 CHAPTER 14. ELECTION OF STATE AND LOCAL SCHOOL BOARDS
262 Part 1. State School Board - Election
263 20A-14-104. Becoming a member of the State Board of Education -- Declaration
264 of candidacy -- Election.
265 (1) Beginning with the 2006 election, the office of State Board of Education member is
266 a partisan office, with candidates for office elected in partisan elections.
267 (2) A State Board of Education member elected or appointed prior to the 2006 General
268 Election shall not be subject to partisan election until the next regularly scheduled election for
269 that office and shall be entitled to serve the full remaining term of the office to which that
270 member was elected or appointed.
271 (3) A person may become a candidate for the State Board of Education by filing a
272 declaration of candidacy with the lieutenant governor according to the procedures and
273 requirements of Sections 20A-9-201 and 20A-9-202 .
274 (4) Candidates for State Board of Education:
275 (a) shall comply with the procedures and requirements of Title 20A, Chapter 9,

276 Candidate Qualifications and Nominating Procedures; and
277 (b) are subject to the procedures and requirements for filling candidate vacancies under
278 Section 20A-1-501 .
279 Section 6. Repealer.
280 This bill repeals:
281 Section 20A-14-105, Becoming a candidate for membership on the State Board of
282 Education -- Selection of candidates by the governor -- Ballot placement.




Legislative Review Note
as of 1-7-05 10:18 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel