H.B. 59

1

SCHOOL BOARD ELECTIONS PROVISIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jim Nielson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the election of the State Board of Education and
10 local school boards.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires the direct, nonpartisan election of members of the State Board of
15 Education;
16 . repeals the involvement of the governor and the nominating and recruiting
17 committee in the nomination of candidates for the State Board of Education;
18 . establishes the primary election for the State Board of Education and local school
19 boards on the second Tuesday following the first Monday in August of an
20 odd-numbered year;
21 . establishes the general election for the State Board of Education and local school
22 boards on the first Tuesday after the first Monday in November of each
23 odd-numbered year;
24 . designates a county clerk as the election officer for the election of the State Board of
25 Education and local school boards;
26 . requires a notice for a school board election;
27 . establishes a ballot form for school board elections;

28 . establishes declaration of candidacy requirements for school board elections;
29 . establishes requirements for a school board primary election;
30 . changes the dates of an interim report of campaign finances;
31 . adjusts terms of current and future board members; and
32 . makes conforming and technical amendments.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill takes effect January 1, 2014.
37 Utah Code Sections Affected:
38 AMENDS:
39 20A-1-102, as last amended by Laws of Utah 2012, Chapters 72, 251, 309, 359 and last
40 amended by Coordination Clause, Laws of Utah 2012, Chapter 309
41 20A-1-201, as last amended by Laws of Utah 2000, Chapter 241
42 20A-1-201.5, as last amended by Laws of Utah 2011, Chapter 327
43 20A-1-511, as last amended by Laws of Utah 2012, Chapter 327
44 20A-2-101, as last amended by Laws of Utah 2011, Chapter 395
45 20A-2-102, as last amended by Laws of Utah 2003, Chapter 34
46 20A-4-304, as last amended by Laws of Utah 2012, Chapter 309
47 20A-5-101, as last amended by Laws of Utah 2011, Chapters 291 and 292
48 20A-5-401, as last amended by Laws of Utah 2009, Chapter 45
49 20A-5-409, as last amended by Laws of Utah 2011, Chapter 327
50 20A-5-601, as last amended by Laws of Utah 2007, Chapter 75
51 20A-6-302, as last amended by Laws of Utah 2011, Chapters 292 and 297
52 20A-9-403, as last amended by Laws of Utah 2011, Third Special Session, Chapter 2
53 20A-11-101, as last amended by Laws of Utah 2012, Chapter 230
54 20A-11-1302, as last amended by Laws of Utah 2011, Chapter 347
55 20A-11-1303, as last amended by Laws of Utah 2011, Chapter 347
56 20A-11-1305, as last amended by Laws of Utah 2011, Chapter 396
57 20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
58 20A-14-104, as last amended by Laws of Utah 2004, Chapter 19

59 20A-14-201, as last amended by Laws of Utah 2011, Chapter 297
60 20A-14-202, as last amended by Laws of Utah 2011, Chapter 297
61 20A-14-203, as enacted by Laws of Utah 1995, Chapter 1
62 53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
63 53A-1a-506, as last amended by Laws of Utah 2012, Chapter 66
64 53A-1a-506.5, as last amended by Laws of Utah 2010, Chapter 162
65 53A-2-119, as last amended by Laws of Utah 2010, Chapter 230
66 53A-3-101, as repealed and reenacted by Laws of Utah 1995, Chapter 1
67 53A-3-301, as last amended by Laws of Utah 2011, Chapters 209 and 322
68 53A-11-102.5, as last amended by Laws of Utah 2010, Chapter 210
69 53A-15-1202, as last amended by Laws of Utah 2012, Chapter 238
70 ENACTS:
71 20A-1-201.1, Utah Code Annotated 1953
72 20A-6-301.5, Utah Code Annotated 1953
73 20A-9-203.5, Utah Code Annotated 1953
74 20A-9-405, Utah Code Annotated 1953
75 REPEALS:
76 20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
77 amended by Coordination Clause, Laws of Utah 2011, Chapter 327
78
79 Be it enacted by the Legislature of the state of Utah:
80 Section 1. Section 20A-1-102 is amended to read:
81 20A-1-102. Definitions.
82 As used in this title:
83 (1) "Active voter" means a registered voter who has not been classified as an inactive
84 voter by the county clerk.
85 (2) "Automatic tabulating equipment" means apparatus that automatically examines
86 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
87 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
88 upon which a voter records the voter's votes.
89 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy

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

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

152 Subsection 20A-1-206 (1)(c)(ii); or
153 (c) a person who is considered to be elected to a local district office in accordance with
154 Subsection 20A-1-206 (3)(c)(ii).
155 (24) "Election" means a regular general election, a municipal general election, a school
156 board general election, a statewide special election, a local special election, a regular primary
157 election, a school board primary election, a municipal primary election, and a local district
158 election.
159 (25) "Election Assistance Commission" means the commission established by Public
160 Law 107-252, the Help America Vote Act of 2002.
161 (26) "Election cycle" means the period beginning on the first day persons are eligible to
162 file declarations of candidacy and ending when the canvass is completed.
163 (27) "Election judge" means a poll worker that is assigned to:
164 (a) preside over other poll workers at a polling place;
165 (b) act as the presiding election judge; or
166 (c) serve as a canvassing judge, counting judge, or receiving judge.
167 (28) "Election officer" means:
168 (a) the lieutenant governor, for all statewide ballots and elections;
169 (b) the county clerk for:
170 (i) a county ballot and election; [and]
171 (ii) a ballot and election as a provider election officer as provided in Section
172 20A-5-400.1 or 20A-5-400.5 ;
173 (iii) a school board primary election; and
174 (iv) a school board general election;
175 (c) the municipal clerk for:
176 (i) a municipal ballot and election; and
177 (ii) a ballot and election as a provider election officer as provided in Section
178 20A-5-400.1 or 20A-5-400.5 ;
179 (d) the local district clerk or chief executive officer for:
180 (i) a local district ballot and election; and
181 (ii) a ballot and election as a provider election officer as provided in Section
182 20A-5-400.1 or 20A-5-400.5 ; or

183 (e) the business administrator or superintendent of a school district for:
184 (i) a school district ballot and election; and
185 (ii) a ballot and election as a provider election officer as provided in Section
186 20A-5-400.1 or 20A-5-400.5 .
187 (29) "Election official" means any election officer, election judge, or poll worker.
188 (30) "Election results" means:
189 (a) for an election other than a bond election, the count of votes cast in the election and
190 the election returns requested by the board of canvassers; or
191 (b) for bond elections, the count of those votes cast for and against the bond
192 proposition plus any or all of the election returns that the board of canvassers may request.
193 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
194 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
195 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
196 form, and the total votes cast form.
197 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
198 device or other voting device that records and stores ballot information by electronic means.
199 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
200 or logically associated with a record and executed or adopted by a person with the intent to sign
201 the record.
202 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
203 (b) "Electronic voting device" includes a direct recording electronic voting device.
204 (35) "Inactive voter" means a registered voter who has:
205 (a) been sent the notice required by Section 20A-2-306 ; and
206 (b) failed to respond to that notice.
207 (36) "Inspecting poll watcher" means a person selected as provided in this title to
208 witness the receipt and safe deposit of voted and counted ballots.
209 (37) "Judicial office" means the office filled by any judicial officer.
210 (38) "Judicial officer" means any justice or judge of a court of record or any county
211 court judge.
212 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
213 Local Government Entities - Local Districts, and includes a special service district under Title

214 17D, Chapter 1, Special Service District Act.
215 (40) "Local district officers" means those local district officers that are required by law
216 to be elected.
217 (41) "Local election" means a regular municipal election, a local special election, a
218 local district election, and a bond election.
219 (42) "Local political subdivision" means a county, a municipality, a local district, or a
220 local school district.
221 (43) "Local special election" means a special election called by the governing body of a
222 local political subdivision in which all registered voters of the local political subdivision may
223 vote.
224 (44) "Municipal executive" means:
225 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
226 or
227 (b) the mayor in the council-manager form of government defined in Subsection
228 10-3b-103 (6).
229 (45) "Municipal general election" means the election held in municipalities and local
230 districts on the first Tuesday after the first Monday in November of each odd-numbered year
231 for the purposes established in Section 20A-1-202 .
232 (46) "Municipal legislative body" means the council of the city or town in any form of
233 municipal government.
234 (47) "Municipal office" means an elective office in a municipality.
235 (48) "Municipal officers" means those municipal officers that are required by law to be
236 elected.
237 (49) "Municipal primary election" means an election held to nominate candidates for
238 municipal office.
239 (50) "Official ballot" means the ballots distributed by the election officer to the poll
240 workers to be given to voters to record their votes.
241 (51) "Official endorsement" means:
242 (a) the information on the ballot that identifies:
243 (i) the ballot as an official ballot;
244 (ii) the date of the election; and

245 (iii) the facsimile signature of the election officer; and
246 (b) the information on the ballot stub that identifies:
247 (i) the poll worker's initials; and
248 (ii) the ballot number.
249 (52) "Official register" means the official record furnished to election officials by the
250 election officer that contains the information required by Section 20A-5-401 .
251 (53) "Paper ballot" means a paper that contains:
252 (a) the names of offices and candidates and statements of ballot propositions to be
253 voted on; and
254 (b) spaces for the voter to record the voter's vote for each office and for or against each
255 ballot proposition.
256 (54) "Political party" means an organization of registered voters that has qualified to
257 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
258 and Procedures.
259 (55) (a) "Poll worker" means a person assigned by an election official to assist with an
260 election, voting, or counting votes.
261 (b) "Poll worker" includes election judges.
262 (c) "Poll worker" does not include a watcher.
263 (56) "Pollbook" means a record of the names of voters in the order that they appear to
264 cast votes.
265 (57) "Polling place" means the building where voting is conducted.
266 (58) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
267 in which the voter marks the voter's choice.
268 [(62)] (59) "Primary convention" means the political party conventions at which
269 nominees for the regular primary election are selected.
270 [(63)] (60) "Protective counter" means a separate counter, which cannot be reset, that:
271 (a) is built into a voting machine; and
272 (b) records the total number of movements of the operating lever.
273 [(59)] (61) "Provider election officer" means an election officer who enters into a
274 contract or interlocal agreement with a contracting election officer to conduct an election for
275 the contracting election officer's local political subdivision in accordance with Section

276 20A-5-400.1 .
277 [(60)] (62) "Provisional ballot" means a ballot voted provisionally by a person:
278 (a) whose name is not listed on the official register at the polling place;
279 (b) whose legal right to vote is challenged as provided in this title; or
280 (c) whose identity was not sufficiently established by a poll worker.
281 [(61)] (63) "Provisional ballot envelope" means an envelope printed in the form
282 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
283 information to verify a person's legal right to vote.
284 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
285 duties of the position for which the person was elected.
286 (65) "Receiving judge" means the poll worker that checks the voter's name in the
287 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
288 after the voter has voted.
289 (66) "Registration form" means a book voter registration form and a by-mail voter
290 registration form.
291 (67) "Regular ballot" means a ballot that is not a provisional ballot.
292 (68) "Regular general election" means the election held throughout the state on the first
293 Tuesday after the first Monday in November of each even-numbered year for the purposes
294 established in Section 20A-1-201 .
295 (69) "Regular primary election" means the election on the fourth Tuesday of June of
296 each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
297 advance to the regular general election.
298 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
299 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
300 and distributed as provided in Section 20A-5-405 .
301 (72) "School board general election" means the election established by Section
302 20A-1-201.1 that is held throughout the state for the office of a State Board of Education
303 member and the office of a local school board member.
304 (73) "School board primary election" means the election established by Sections
305 20A-1-201.5 and 20A-9-405 that is held, if necessary, to nominate candidates for the school
306 board general election.

307 [(72)] (74) "Scratch vote" means to mark or punch the straight party ticket and then
308 mark or punch the ballot for one or more candidates who are members of different political
309 parties.
310 [(73)] (75) "Secrecy envelope" means the envelope given to a voter along with the
311 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
312 secrecy of the voter's vote.
313 [(74)] (76) "Special election" means an election held as authorized by Section
314 20A-1-204 .
315 [(75)] (77) "Spoiled ballot" means each ballot that:
316 (a) is spoiled by the voter;
317 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
318 (c) lacks the official endorsement.
319 [(76)] (78) "Statewide special election" means a special election called by the governor
320 or the Legislature in which all registered voters in Utah may vote.
321 [(77)] (79) "Stub" means the detachable part of each ballot.
322 [(78)] (80) "Substitute ballots" means replacement ballots provided by an election
323 officer to the poll workers when the official ballots are lost or stolen.
324 [(79)] (81) "Ticket" means each list of candidates for each political party or for each
325 group of petitioners.
326 [(80)] (82) "Transfer case" means the sealed box used to transport voted ballots to the
327 counting center.
328 [(81)] (83) "Vacancy" means the absence of a person to serve in any position created
329 by statute, whether that absence occurs because of death, disability, disqualification,
330 resignation, or other cause.
331 [(82)] (84) "Valid voter identification" means:
332 (a) a form of identification that bears the name and photograph of the voter which may
333 include:
334 (i) a currently valid Utah driver license;
335 (ii) a currently valid identification card that is issued by:
336 (A) the state; or
337 (B) a branch, department, or agency of the United States;

338 (iii) a currently valid Utah permit to carry a concealed weapon;
339 (iv) a currently valid United States passport; or
340 (v) a currently valid United States military identification card;
341 (b) one of the following identification cards, whether or not the card includes a
342 photograph of the voter:
343 (i) a valid tribal identification card;
344 (ii) a Bureau of Indian Affairs card; or
345 (iii) a tribal treaty card; or
346 (c) two forms of identification not listed under Subsection [(82)] (84)(a) or (b) but that
347 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
348 which may include:
349 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
350 election;
351 (ii) a bank or other financial account statement, or a legible copy thereof;
352 (iii) a certified birth certificate;
353 (iv) a valid Social Security card;
354 (v) a check issued by the state or the federal government or a legible copy thereof;
355 (vi) a paycheck from the voter's employer, or a legible copy thereof;
356 (vii) a currently valid Utah hunting or fishing license;
357 (viii) certified naturalization documentation;
358 (ix) a currently valid license issued by an authorized agency of the United States;
359 (x) a certified copy of court records showing the voter's adoption or name change;
360 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
361 (xii) a currently valid identification card issued by:
362 (A) a local government within the state;
363 (B) an employer for an employee; or
364 (C) a college, university, technical school, or professional school located within the
365 state; or
366 (xiii) a current Utah vehicle registration.
367 [(83)] (85) "Valid write-in candidate" means a candidate who has qualified as a
368 write-in candidate by following the procedures and requirements of this title.

369 [(84)] (86) "Voter" means a person who:
370 (a) meets the requirements for voting in an election;
371 (b) meets the requirements of election registration;
372 (c) is registered to vote; and
373 (d) is listed in the official register book.
374 [(85)] (87) "Voter registration deadline" means the registration deadline provided in
375 Section 20A-2-102.5 .
376 [(86)] (88) "Voting area" means the area within six feet of the voting booths, voting
377 machines, and ballot box.
378 [(87)] (89) "Voting booth" means:
379 (a) the space or compartment within a polling place that is provided for the preparation
380 of ballots, including the voting machine enclosure or curtain; or
381 (b) a voting device that is free standing.
382 [(88)] (90) "Voting device" means:
383 (a) an apparatus in which ballot sheets are used in connection with a punch device for
384 piercing the ballots by the voter;
385 (b) a device for marking the ballots with ink or another substance;
386 (c) an electronic voting device or other device used to make selections and cast a ballot
387 electronically, or any component thereof;
388 (d) an automated voting system under Section 20A-5-302 ; or
389 (e) any other method for recording votes on ballots so that the ballot may be tabulated
390 by means of automatic tabulating equipment.
391 [(89)] (91) "Voting machine" means a machine designed for the sole purpose of
392 recording and tabulating votes cast by voters at an election.
393 [(90)] (92) "Voting poll watcher" means a person appointed as provided in this title to
394 witness the distribution of ballots and the voting process.
395 [(91)] (93) "Voting precinct" means the smallest voting unit established as provided by
396 law within which qualified voters vote at one polling place.
397 [(92)] (94) "Watcher" means a voting poll watcher, a counting poll watcher, an
398 inspecting poll watcher, and a testing watcher.
399 [(93)] (95) "Western States Presidential Primary" means the election established in

400 Chapter 9, Part 8, Western States Presidential Primary.
401 [(94)] (96) "Write-in ballot" means a ballot containing any write-in votes.
402 [(95)] (97) "Write-in vote" means a vote cast for a person whose name is not printed on
403 the ballot according to the procedures established in this title.
404 Section 2. Section 20A-1-201 is amended to read:
405 20A-1-201. Date and purpose of regular general elections.
406 (1) A regular general election shall be held throughout the state on the first Tuesday
407 after the first Monday in November of each even-numbered year.
408 (2) At the regular general election, the voters shall:
409 (a) choose persons to serve the terms established by law for the following offices:
410 (i) electors of President and Vice President of the United States;
411 (ii) United States Senators;
412 (iii) Representatives to the United States Congress;
413 (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
414 (v) senators and representatives to the Utah Legislature;
415 (vi) county officers; and
416 [(vii) State School Board members;]
417 [(viii) local school board members; and]
418 [(ix)] (vii) any elected judicial officers; and
419 (b) approve or reject:
420 (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
421 under procedures established in the Utah Code;
422 (ii) any proposed initiatives or referenda that have qualified for the ballot under
423 procedures established in the Utah Code; and
424 (iii) any other ballot propositions submitted to the voters that are authorized by the
425 Utah Code.
426 Section 3. Section 20A-1-201.1 is enacted to read:
427 20A-1-201.1. Date and purpose of school board general election.
428 (1) A school board general election shall be held throughout the state on the first
429 Tuesday after the first Monday in November of each odd-numbered year.
430 (2) At the school board general election, the voters shall elect a person to serve as a

431 member of:
432 (a) the State Board of Education for the term established by Title 20A, Chapter 14, Part
433 1, State Board of Education; and
434 (b) a local school board for the term established by Title 20A, Chapter 14, Part 2, Local
435 School Boards.
436 Section 4. Section 20A-1-201.5 is amended to read:
437 20A-1-201.5. Primary election dates.
438 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
439 of June of each even numbered year as provided in Section 20A-9-403 , to nominate persons for
440 national, state, [school board,] and county offices.
441 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
442 following the first Monday in August before the regular municipal election to nominate persons
443 for municipal offices.
444 (3) The Western States Presidential Primary election shall be held throughout the state
445 on the first Tuesday in February in the year in which a presidential election will be held.
446 (4) A school board primary election shall be held on the second Tuesday following the
447 first Monday in August of an odd-numbered year as provided in Section 20A-9-405 to
448 nominate candidates for the school board general election.
449 Section 5. Section 20A-1-511 is amended to read:
450 20A-1-511. Midterm vacancies on local school boards.
451 (1) (a) A local school board shall fill vacancies on the board by appointment, except as
452 otherwise provided in Subsection (2).
453 (b) If the board fails to make an appointment within 30 days after a vacancy occurs, the
454 county legislative body, or municipal legislative body in a city district, shall fill the vacancy by
455 appointment.
456 (c) A member appointed and qualified under this subsection shall serve until a
457 successor is elected or appointed and qualified.
458 (2) (a) A vacancy on the board shall be filled by an interim appointment, followed by
459 an election to fill a two-year term if:
460 (i) the vacancy on the board occurs, or a letter of resignation is received by the board,
461 at least 14 days before the deadline for filing a declaration of candidacy; and

462 (ii) two years of the vacated term will remain after the first Monday of January
463 following the next school board general election.
464 (b) Members elected under this subsection shall serve for the remaining [two years of
465 the] vacated term and until a successor is elected and qualified.
466 (3) Before appointing a person to fill a vacancy under this section, the local school
467 board shall:
468 (a) give public notice of the vacancy at least two weeks before the local school board
469 meets to fill the vacancy;
470 (b) identify, in the notice:
471 (i) the date, time, and place of the meeting where the vacancy will be filled; and
472 (ii) the person to whom a person interested in being appointed to fill the vacancy may
473 submit [his] the person's name for consideration and any deadline for submitting it; and
474 (c) in an open meeting, interview each person whose name was submitted for
475 consideration and meets the qualifications for office regarding the person's qualifications.
476 Section 6. Section 20A-2-101 is amended to read:
477 20A-2-101. Eligibility for registration.
478 (1) Except as provided in Subsection (2), any person may apply to register to vote in an
479 election who:
480 (a) is a citizen of the United States;
481 (b) has been a resident of Utah for at least the 30 days immediately before the election;
482 (c) will be at least 18 years old on the day of the election; and
483 (d) currently resides within the voting district or precinct in which the person applies to
484 register to vote.
485 (2) (a) (i) A person who is involuntarily confined or incarcerated in a jail, prison, or
486 other facility within a voting precinct is not a resident of that voting precinct and may not
487 register to vote in that voting precinct unless the person was a resident of that voting precinct
488 before the confinement or incarceration.
489 (ii) A person who is involuntarily confined or incarcerated in a jail or prison is resident
490 of the voting precinct in which the person resided before the confinement or incarceration.
491 (b) A person who has been convicted of a felony or a misdemeanor for an offense
492 under this title may not register to vote or remain registered to vote unless the person's right to

493 vote has been restored as provided in Section 20A-2-101.3 or 20A-2-101.5 .
494 (c) A person whose right to vote has been restored, as provided in Section 20A-2-101.3
495 or 20A-2-101.5 , is eligible to register to vote.
496 (3) A person who is eligible to vote and who resides within the geographic boundaries
497 of the entity in which the election is held may register to vote in a:
498 (a) regular general election;
499 (b) regular primary election;
500 (c) school board general election;
501 (d) school board primary election;
502 [(c)] (e) municipal general election;
503 [(d)] (f) municipal primary election;
504 [(e)] (g) statewide special election;
505 [(f)] (h) local special election;
506 [(g)] (i) local district election; and
507 [(h)] (j) bond election.
508 Section 7. Section 20A-2-102 is amended to read:
509 20A-2-102. Registration a prerequisite to voting.
510 (1) Except as provided in Subsection (2), a person may not vote at any election unless
511 that person is registered to vote as required by this chapter.
512 (2) A person may vote a provisional ballot as provided in Section 20A-2-307 for:
513 (a) a regular general election;
514 (b) a regular primary election; [or]
515 (c) a school board general election;
516 (d) a school board primary election; or
517 [(c)] (e) an election for federal office.
518 Section 8. Section 20A-4-304 is amended to read:
519 20A-4-304. Declaration of results -- Canvassers' report.
520 (1) Each board of canvassers shall:
521 (a) declare "elected" or "nominated" those persons who:
522 (i) had the highest number of votes; and
523 (ii) sought election or nomination to an office completely within the board's

524 jurisdiction;
525 (b) declare:
526 (i) "approved" those ballot propositions that:
527 (A) had more "yes" votes than "no" votes; and
528 (B) were submitted only to the voters within the board's jurisdiction;
529 (ii) "rejected" those ballot propositions that:
530 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
531 votes; and
532 (B) were submitted only to the voters within the board's jurisdiction;
533 (c) certify the vote totals for persons and for and against ballot propositions that were
534 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
535 the lieutenant governor; and
536 (d) if applicable, certify the results of each local district election to the local district
537 clerk.
538 (2) (a) As soon as the result is declared, the election officer shall prepare a report of the
539 result, which shall contain:
540 (i) the total number of votes cast in the board's jurisdiction;
541 (ii) the names of each candidate whose name appeared on the ballot;
542 (iii) the title of each ballot proposition that appeared on the ballot;
543 (iv) each office that appeared on the ballot;
544 (v) from each voting precinct:
545 (A) the number of votes for each candidate; and
546 (B) the number of votes for and against each ballot proposition;
547 (vi) the total number of votes given in the board's jurisdiction to each candidate, and
548 for and against each ballot proposition;
549 (vii) the number of ballots that were rejected; and
550 (viii) a statement certifying that the information contained in the report is accurate.
551 (b) The election officer and the board of canvassers shall:
552 (i) review the report to ensure that it is correct; and
553 (ii) sign the report.
554 (c) The election officer shall:

555 (i) record or file the certified report in a book kept for that purpose;
556 (ii) prepare and transmit a certificate of nomination or election under the officer's seal
557 to each nominated or elected candidate;
558 (iii) publish a copy of the certified report:
559 (A) in one or more conspicuous places within the jurisdiction;
560 (B) in a conspicuous place on the county's website; and
561 (C) in a newspaper with general circulation in the board's jurisdiction; and
562 (iv) file a copy of the certified report with the lieutenant governor.
563 (3) When there has been a regular general election, a school board general election, or
564 a statewide special election for statewide officers, for officers that appear on the ballot in more
565 than one county, or for a statewide or two or more county ballot proposition, each board of
566 canvassers shall:
567 (a) prepare a separate report detailing the number of votes for each candidate and the
568 number of votes for and against each ballot proposition; and
569 (b) transmit it by registered mail to the lieutenant governor.
570 (4) In each county election, municipal election, school election, school board general
571 election to elect a local school board member, local district election, and local special election,
572 the election officer shall transmit the reports to the lieutenant governor within 14 days after the
573 date of the election.
574 (5) In regular primary elections, a school board primary election, and in the Western
575 States Presidential Primary, the board shall transmit to the lieutenant governor:
576 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
577 governor:
578 (i) not later than the second Tuesday after the primary election for:
579 (A) the regular primary election; and
580 (B) the school board primary election; and
581 (ii) not later than the Tuesday following the election for the Western States Presidential
582 Primary; and
583 (b) a complete tabulation showing voting totals for all primary races, precinct by
584 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
585 primary election.

586 Section 9. Section 20A-5-101 is amended to read:
587 20A-5-101. Notice of election.
588 (1) (a) On or before February 1 in each regular general election year, the lieutenant
589 governor shall prepare and transmit a written notice to each county clerk that:
590 [(a)] (i) designates the offices to be filled at the regular general election;
591 [(b)] (ii) identifies the dates for filing a declaration of candidacy for those offices;
592 [(c)] (iii) includes the master ballot position list for the current year and the next year
593 as established under Section 20A-6-305 ; and
594 [(d)] (iv) contains a description of any ballot propositions to be decided by the voters
595 that have qualified for the ballot as of that date.
596 (b) On or before February 1 in each school board general election year, the lieutenant
597 governor shall prepare and transmit a written notice to each county clerk that:
598 (i) designates the offices to be filled at the school board general election;
599 (ii) identifies the dates for filing a declaration of candidacy for those offices; and
600 (iii) includes the master ballot position list as established under Section 20A-6-305 .
601 (2) (a) No later than February 15, each county clerk shall:
602 (i) publish a notice:
603 (A) once in a newspaper published in that county; and
604 (B) as required in Section 45-1-101 ; or
605 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
606 give notice of the election to the voters in each voting precinct within the county; and
607 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
608 where the notice was posted.
609 (b) The notice required by Subsection (2)(a) shall:
610 (i) designate the offices to be voted on in that election in that county, other than local
611 district offices; and
612 (ii) identify the dates for filing a declaration of candidacy for those offices.
613 (3) Before each election, the election officer shall give written or printed notice of:
614 (a) the date and place of election;
615 (b) the hours during which the polls will be open;
616 (c) the polling places for each voting precinct;

617 (d) an election day voting center designated under Section 20A-3-703 ; and
618 (e) the qualifications for persons to vote in the election.
619 (4) To provide the notice required by Subsection (3), the election officer shall publish
620 the notice at least two days before the election:
621 (a) in a newspaper of general circulation common to the area or in which the election is
622 being held; and
623 (b) as required in Section 45-1-101 .
624 Section 10. Section 20A-5-401 is amended to read:
625 20A-5-401. Official register -- Preparation -- Contents.
626 (1) (a) Before the registration days for each regular general[,] election, school board
627 general election, municipal general election, regular primary[,] election, school board primary
628 election, municipal primary election, or Western States Presidential Primary election, each
629 county clerk shall prepare an official register of voters for each voting precinct that will
630 participate in the election.
631 (b) The county clerk shall ensure that the official register is prepared for the
632 alphabetical entry of names and contains entry fields to provide for the following information:
633 (i) registered voter's name;
634 (ii) party affiliation;
635 (iii) grounds for challenge;
636 (iv) name of person challenging a voter;
637 (v) primary, November, special;
638 (vi) date of birth;
639 (vii) place of birth;
640 (viii) place of current residence;
641 (ix) street address;
642 (x) zip code;
643 (xi) identification and provisional ballot information as required under Subsection
644 (1)(d); and
645 (xii) space for the voter to sign [his] the voter's name for each election.
646 (c) When preparing the official register for the Western States Presidential Primary, the
647 county clerk shall include:

648 (i) an entry field to record the name of the political party whose ballot the voter voted;
649 and
650 (ii) an entry field for the poll worker to record changes in the voter's party affiliation.
651 (d) When preparing the official register for any regular general election, school board
652 general election, municipal general election, statewide special election, local special election,
653 regular primary election, school board primary election, municipal primary election, local
654 district election, or election for federal office, the county clerk shall include:
655 (i) an entry field for the poll worker to record the type of identification provided by the
656 voter;
657 (ii) a column for the poll worker to record the provisional envelope ballot number for
658 voters who receive a provisional ballot; and
659 (iii) a space for the poll worker to record the type of identification that was provided by
660 voters who receive a provisional ballot.
661 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
662 elections, local district elections, and bond elections, the county clerk shall make an official
663 register only for voting precincts affected by the primary, municipal, local district, or bond
664 election.
665 (ii) If a polling place to be used in a bond election serves both voters residing in the
666 local political subdivision calling the bond election and voters residing outside of that local
667 political subdivision, the official register shall designate whether each voter resides in or
668 outside of the local political subdivision.
669 (iii) Each county clerk, with the assistance of the clerk of each affected local district,
670 shall provide a detailed map or an indication on the registration list or other means to enable a
671 poll worker to determine the voters entitled to vote at an election of local district officers.
672 (b) Municipalities shall pay the costs of making the official register for municipal
673 elections.
674 Section 11. Section 20A-5-409 is amended to read:
675 20A-5-409. Certification of candidates to county clerks.
676 (1) No later than August 31 of each regular general election year, the lieutenant
677 governor shall certify to each county clerk the name of each candidate qualified to be printed
678 on the regular general election ballot for that county clerk's county.

679 (2) No later than August 31 of each school board general election year, the lieutenant
680 governor shall certify to each county clerk the name of each candidate qualified to be printed
681 on the school board general election ballot for that county clerk's county.
682 Section 12. Section 20A-5-601 is amended to read:
683 20A-5-601. Poll workers -- Appointment for regular general elections, school
684 board general elections, and primary elections.
685 (1) (a) By March 1 of each even-numbered year, each county clerk shall provide to the
686 county chair of each registered political party a list of the number of poll workers that the party
687 must nominate for each voting precinct.
688 (b) (i) By April 1 of each even-numbered year, the county chair and secretary of each
689 registered political party shall file a list with the county clerk containing, for each voting
690 precinct, the names of registered voters in the county who are willing to be poll workers and
691 who are competent and trustworthy.
692 (ii) The county chair and secretary shall submit, for each voting precinct, names equal
693 in number to the number required by the county clerk plus one.
694 (2) Each county legislative body shall provide for the appointment of persons to serve
695 as poll workers at the regular primary election, the school board primary election, the regular
696 general election, the school board general election, and the Western States Presidential
697 Primary.
698 (3) For regular general elections, each county legislative body shall provide for the
699 appointment of:
700 (a) (i) three registered voters from the list to serve as receiving judges for each voting
701 precinct when ballots will be counted after the polls close; or
702 (ii) three registered voters from the list to serve as receiving judges in each voting
703 precinct and three registered voters from the list to serve as counting judges in each voting
704 precinct when ballots will be counted throughout election day; and
705 (b) three registered voters from the list for each 100 absentee ballots to be counted to
706 serve as canvassing judges.
707 (4) For regular primary elections and for the Western States Presidential Primary
708 election, each county legislative body shall provide for the appointment of:
709 (a) (i) two or three registered voters, or one or two registered voters and one person 17

710 years old who will be 18 years old by the date of the next regular general election, from the list
711 to serve as receiving judges for each voting precinct when ballots will be counted after the
712 polls close; or
713 (ii) two or three registered voters, or one or two registered voters and one person 17
714 years old who will be 18 years old by the date of the next regular general election, from the list
715 to serve as receiving judges in each voting precinct and two or three registered voters, or one or
716 two registered voters and one person 17 years old who will be 18 years old by the date of the
717 next regular general election, from the list to serve as counting judges in each voting precinct
718 when ballots will be counted throughout election day; and
719 (b) two or three registered voters, or one or two registered voters and one person 17
720 years old who will be 18 years old by the date of the next regular general election, from the list
721 for each 100 absentee ballots to be counted to serve as canvassing judges.
722 (5) For a school board primary election and a school board general election, a county
723 legislative body shall provide for the appointment of:
724 (a) in jurisdictions using paper ballots:
725 (i) three registered voters, or two registered voters and one person 17 years old who
726 will be 18 years old by election day, who reside within the county, to serve as poll workers for
727 each voting precinct when the ballots will be counted after the polls close; or
728 (ii) three registered voters, or two registered voters and one person 17 years old who
729 will be 18 years old by election day, who reside within the county, to serve as receiving judges
730 in each voting precinct and three registered voters, or two registered voters and one person 17
731 years old who will be 18 years old by election day, who reside within the county, to serve as
732 counting judges in each voting precinct when ballots will be counted throughout election day;
733 (b) in jurisdictions using automated tabulating equipment, three registered voters, or
734 two registered voters and one person 17 years old who will be 18 years old by election day,
735 who reside within the county, to serve as poll workers for each voting precinct;
736 (c) in jurisdictions using voting machines, four registered voters, or three registered
737 voters and one person 17 years old who will be 18 years old by election day, who reside within
738 the county, to serve as poll workers for each voting precinct; and
739 (d) in all jurisdictions:
740 (i) at least one registered voter who resides within the county to serve as canvassing

741 judge, if necessary; and
742 (ii) as many alternate poll workers as needed to replace appointed poll workers who are
743 unable to serve.
744 (6) The county clerk shall:
745 (a) prepare and file a list containing the name, address, voting precinct, and telephone
746 number of each person appointed under Subsection (5); and
747 (b) make the list available in the county clerk's office for inspection, examination, and
748 copying during business hours.
749 [(5)] (7) Each county legislative body may provide for the appointment of:
750 (a) three registered voters from the list to serve as inspecting judges at the regular
751 general election or school board general election to observe the clerk's receipt and deposit of
752 the ballots for safekeeping; and
753 (b) two or three registered voters, or one or two registered voters and one person 17
754 years old who will be 18 years old by the date of the next regular general election or school
755 board general election, from the list, to serve as inspecting judges at the regular primary
756 election or school board general election to observe the clerk's receipt and deposit of the ballots
757 for safekeeping.
758 [(6)] (8) (a) For each set of three counting or receiving judges to be appointed for each
759 voting precinct for the regular primary election, the regular general election, and the Western
760 States Presidential Primary election, the county legislative body shall ensure that:
761 (i) two judges are appointed from the political party that cast the highest number of
762 votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
763 excluding votes for unopposed candidates, in the voting precinct at the last regular general
764 election before the appointment of the election judges; and
765 (ii) one judge is appointed from the political party that cast the second highest number
766 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
767 excluding votes for unopposed candidates, in the voting precinct at the last regular general
768 election before the appointment of the election judges.
769 (b) For each set of two counting or receiving judges to be appointed for each voting
770 precinct for the regular primary election and Western States Presidential Primary election, the
771 county legislative body shall ensure that:

772 (i) one judge is appointed from the political party that cast the highest number of votes
773 for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
774 votes for unopposed candidates, in the voting precinct at the last regular general election before
775 the appointment of the election judges; and
776 (ii) one judge is appointed from the political party that cast the second highest number
777 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
778 excluding votes for unopposed candidates, in the voting precinct at the last regular general
779 election before the appointment of the election judges.
780 [(7)] (9) When the voting precinct boundaries have been changed since the last regular
781 general election, the county legislative body shall ensure that:
782 (a) for the regular primary election and the Western States Presidential Primary
783 election, when the county legislative body is using three receiving, counting, and canvassing
784 judges, and regular general election, not more than two of the judges are selected from the
785 political party that cast the highest number of votes for the offices of governor, lieutenant
786 governor, attorney general, state auditor, and state treasurer in the territory that formed the
787 voting precinct at the time of appointment; and
788 (b) for the regular primary election and the Western States Presidential Primary
789 election, when the county legislative body is using two receiving, counting, and canvassing
790 judges, not more than one of the judges is selected from the political party that cast the highest
791 number of votes for the offices of governor, lieutenant governor, attorney general, state auditor,
792 and state treasurer in the territory that formed the voting precinct at the time of appointment.
793 [(8)] (10) The county legislative body shall provide for the appointment of any
794 qualified county voter as an election judge when:
795 (a) a political party fails to file the poll worker list by the filing deadline; or
796 (b) the list is incomplete.
797 [(9)] (11) A registered voter of the county may serve as a poll worker in any voting
798 precinct of the county.
799 [(10)] (12) If a person serves as a poll worker outside the voting precinct where the
800 person is registered, that person may vote an absentee voter ballot.
801 [(11)] (13) The county clerk shall fill all poll worker vacancies.
802 [(12)] (14) If a conflict arises over the right to certify the poll worker lists for any

803 political party, the county legislative body may decide between conflicting lists, but may only
804 select names from a properly submitted list.
805 [(13)] (15) The county legislative body shall establish compensation for poll workers.
806 [(14)] (16) The county clerk may appoint additional poll workers to serve in the polling
807 place as needed.
808 Section 13. Section 20A-6-301.5 is enacted to read:
809 20A-6-301.5. Paper ballots -- School board general election.
810 (1) A ballot furnished for use at a school board primary election or school board
811 general election shall contain:
812 (a) no caption or other endorsement except as provided in this section;
813 (b) (i) a ballot stub at least one inch wide, placed across the top of the ballot, and
814 divided from the rest of ballot by a perforated line;
815 (ii) the ballot number and the words "Poll Worker's Initials ____" on the stub; and
816 (iii) a consecutively numbered ballot stub; and
817 (c) immediately below the perforated ballot stub, the following endorsements printed in
818 18-point bold type:
819 (i) "Official Ballot for ____ County, Utah";
820 (ii) the date of the election; and
821 (iii) a facsimile of the signature of the county clerk and the words "county clerk."
822 (2) A ballot furnished for use at a school board primary election or school board
823 general election shall have:
824 (a) the word "NONPARTISAN" in reverse type in an 18-point solid rule running
825 vertically the full length of the ballot;
826 (b) columns containing the lists of candidates, separated by heavy parallel lines;
827 (c) the offices to be filled plainly printed:
828 (i) in type not smaller than eight point;
829 (ii) immediately above the names of the candidates for those offices; and
830 (iii) flush with the left-hand margin;
831 (d) the names of candidates printed in capital letters, not less than one-eighth nor more
832 than one-fourth of an inch high in heavy-faced type not smaller than 10-point, between lines or
833 rules three-eighths of an inch apart;

834 (e) a square with sides measuring not less than one-fourth of an inch in length printed
835 immediately adjacent to the name of each candidate; and
836 (f) (i) for each office on the ballot for the school board general election, the office to be
837 filled plainly printed immediately above a blank, horizontal line to enable the entry of a valid
838 write-in candidate and a square with sides measuring not less than one-fourth of an inch in
839 length printed immediately adjacent to the blank horizontal line; and
840 (ii) the words "Write-in Voting Column" printed at the head of the column without a
841 one-half inch circle.
842 (3) The election officer shall ensure that:
843 (a) the words, "Vote for one" or "Vote for up to ______ (the number of candidates for
844 which the voter may vote)" extend to the extreme right of the column;
845 (b) the candidates are grouped according to the office for which they are candidates;
846 and
847 (c) the names in each group are placed in the order specified under Section 20A-6-305
848 with the surnames last.
849 Section 14. Section 20A-6-302 is amended to read:
850 20A-6-302. Paper ballots -- Placement of candidates' names.
851 (1) Each election officer shall ensure, for paper ballots in regular general elections or a
852 school board general election, that:
853 (a) each candidate is listed by party, if applicable;
854 (b) candidates' surnames are listed in alphabetical order on the ballots when two or
855 more candidates' names are required to be listed on a ticket under the title of an office; and
856 (c) the names of candidates are placed on the ballot in the order specified under Section
857 20A-6-305 .
858 (2) (a) The election officer may not allow the name of a candidate who dies or
859 withdraws before election day to be printed upon the ballots.
860 (b) If the ballots have already been printed, the election officer:
861 (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a
862 line through the candidate's name before the ballots are delivered to voters; and
863 (ii) may not count any votes for that dead or withdrawn candidate.
864 (3) (a) When there is only one candidate for county attorney at the regular general

865 election in counties that have three or fewer registered voters of the county who are licensed
866 active members in good standing of the Utah State Bar, the county clerk shall cause that
867 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
868 with the following question: "Shall (name of candidate) be elected to the office of county
869 attorney? Yes ____ No ____."
870 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
871 elected to the office of county attorney.
872 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
873 elected and may not take office, nor may the candidate continue in the office past the end of the
874 term resulting from any prior election or appointment.
875 (d) When the name of only one candidate for county attorney is printed on the ballot
876 under authority of this Subsection (3), the county clerk may not count any write-in votes
877 received for the office of county attorney.
878 (e) If no qualified person files for the office of county attorney or if the candidate is not
879 elected by the voters, the county legislative body shall appoint the county attorney as provided
880 in Section 20A-1-509.2 .
881 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
882 the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
883 two consecutive terms immediately preceding the term for which the candidate is seeking
884 election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
885 unopposed candidate the same as any other unopposed candidate for another office, unless a
886 petition is filed with the county clerk before the date of that year's primary election that:
887 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
888 (ii) contains the signatures of registered voters in the county representing in number at
889 least 25% of all votes cast in the county for all candidates for governor at the last election at
890 which a governor was elected.
891 (4) (a) When there is only one candidate for district attorney at the regular general
892 election in a prosecution district that has three or fewer registered voters of the district who are
893 licensed active members in good standing of the Utah State Bar, the county clerk shall cause
894 that candidate's name and party affiliation, if any, to be placed on a separate section of the
895 ballot with the following question: "Shall (name of candidate) be elected to the office of district

896 attorney? Yes ____ No ____."
897 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
898 elected to the office of district attorney.
899 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
900 elected and may not take office, nor may the candidate continue in the office past the end of the
901 term resulting from any prior election or appointment.
902 (d) When the name of only one candidate for district attorney is printed on the ballot
903 under authority of this Subsection (4), the county clerk may not count any write-in votes
904 received for the office of district attorney.
905 (e) If no qualified person files for the office of district attorney, or if the only candidate
906 is not elected by the voters under this subsection, the county legislative body shall appoint a
907 new district attorney for a four-year term as provided in Section 20A-1-509.2 .
908 (f) If the candidate whose name would, except for this Subsection (4)(f), be placed on
909 the ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the
910 two consecutive terms immediately preceding the term for which the candidate is seeking
911 election, Subsection (4)(a) does not apply and that candidate shall be considered to be an
912 unopposed candidate the same as any other unopposed candidate for another office, unless a
913 petition is filed with the county clerk before the date of that year's primary election that:
914 (i) requests the procedure set forth in Subsection (4)(a) to be followed; and
915 (ii) contains the signatures of registered voters in the county representing in number at
916 least 25% of all votes cast in the county for all candidates for governor at the last election at
917 which a governor was elected.
918 Section 15. Section 20A-9-203.5 is enacted to read:
919 20A-9-203.5. Declarations of candidacy for school board general elections --
920 Requirements for candidates.
921 (1) Each person seeking to become a candidate for the office of local school board
922 member that is to be filled at the next school board general election shall:
923 (a) file a declaration of candidacy in person with the county clerk on or after June 1 and
924 before 5 p.m. on June 15 before the next school general election; and
925 (b) pay the filing fee.
926 (2) (a) Each person intending to become a candidate for the office of a State Board of

927 Education member that is to be filled at the next school general election shall:
928 (i) file a declaration of candidacy in person with either the lieutenant governor or the
929 county clerk in the candidate's county of residence on or after June 1 and before 5 p.m. on June
930 15 before the next school board general election; and
931 (ii) pay the filing fee.
932 (b) (i) Each county clerk who receives a declaration of candidacy from a candidate for
933 the office of a State Board of Education member shall transmit the filing fee and a copy of the
934 candidate's declaration of candidacy to the lieutenant governor within one business day after
935 the declaration is filed.
936 (ii) Each day during the filing period, each county clerk shall notify the lieutenant
937 governor electronically or by telephone of State Board of Education candidates who have filed
938 in the county clerk's office.
939 (3) (a) A declaration of candidacy filed under this section is valid unless a written
940 objection is filed with the county clerk or lieutenant governor within five days after the last day
941 for filing.
942 (b) If an objection is made, the county clerk or lieutenant governor shall:
943 (i) mail or personally deliver notice of the objection to the affected candidate
944 immediately; and
945 (ii) decide any objection within 48 hours after the objection is filed.
946 (c) If the county clerk or lieutenant governor sustains the objection, the candidate may
947 cure the problem by amending the declaration within three days after the objection is sustained
948 or by filing a new declaration within three days after the objection is sustained.
949 (d) (i) The county clerk's or lieutenant governor's decision upon objections to form is
950 final.
951 (ii) The county clerk's or lieutenant governor's decision upon substantive matters is
952 reviewable by a district court if prompt application is made to the court.
953 (iii) The decision of the district court is final unless the Supreme Court, in the exercise
954 of its discretion, agrees to review the lower court decision.
955 (4) Any person who filed a declaration of candidacy may withdraw as a candidate by
956 filing a written affidavit with the county clerk or lieutenant governor.
957 Section 16. Section 20A-9-403 is amended to read:

958 20A-9-403. Regular primary elections.
959 (1) (a) The fourth Tuesday of June of each even-numbered year is designated as regular
960 primary election day.
961 (b) Each registered political party that chooses to use the primary election process to
962 nominate some or all of its candidates shall comply with the requirements of this section.
963 (2) (a) As a condition for using the state's election system, each registered political
964 party that wishes to participate in the primary election shall:
965 (i) declare their intent to participate in the primary election;
966 (ii) identify one or more registered political parties whose members may vote for the
967 registered political party's candidates and whether or not persons identified as unaffiliated with
968 a political party may vote for the registered political party's candidates; and
969 (iii) certify that information to the lieutenant governor no later than 5 p.m. on March 1
970 of each even-numbered year.
971 (b) As a condition for using the state's election system, each registered political party
972 that wishes to participate in the primary election shall:
973 (i) certify the name and office of all of the registered political party's candidates to the
974 lieutenant governor no later than 5 p.m. on the first Monday after the third Saturday in April of
975 each even-numbered year; and
976 (ii) certify the name and office of each of its county candidates to the county clerks by
977 5 p.m. on the first Monday after the third Saturday in April of each even-numbered year.
978 (c) By 5 p.m. on the first Wednesday after the third Saturday in April of each
979 even-numbered year, the lieutenant governor shall send the county clerks a certified list of the
980 names of all statewide candidates, multicounty candidates, or single county candidates that
981 shall be printed on the primary ballot and the order the candidates are to appear on the ballot in
982 accordance with Section 20A-6-305 .
983 (d) Except for presidential candidates, if a registered political party does not wish to
984 participate in the primary election, it shall submit the names of its county candidates to the
985 county clerks and the names of all of its candidates to the lieutenant governor by 5 p.m. on May
986 30 of each even-numbered year.
987 [(3) The county clerk shall:]
988 [(a) review the declarations of candidacy filed by candidates for local boards of

989 education to determine if more than two candidates have filed for the same seat;]
990 [(b) place the names of all candidates who have filed a declaration of candidacy for a
991 local board of education seat on the nonpartisan section of the ballot if more than two
992 candidates have filed for the same seat; and]
993 [(c) determine the order of the candidates' names on the ballot in accordance with
994 Section 20A-6-305 .]
995 [(4)] (3) After the county clerk receives the certified list from a registered political
996 party, the county clerk shall post or publish a primary election notice in substantially the
997 following form:
998 "Notice is given that a primary election will be held Tuesday, June ____,
999 ________(year), to nominate party candidates for the parties and nonpartisan offices listed on
1000 the primary ballot. The polling place for voting precinct ____ is ____. The polls will open at 7
1001 a.m. and continue open until 8 p.m. of the same day. Attest: county clerk."
1002 [(5)] (4) (a) Candidates, other than presidential candidates, receiving the highest
1003 number of votes cast for each office at the regular primary election are nominated by their party
1004 or nonpartisan group for that office.
1005 (b) If two or more candidates, other than presidential candidates, are to be elected to
1006 the office at the regular general election, those party candidates equal in number to positions to
1007 be filled who receive the highest number of votes at the regular primary election are the
1008 nominees of their party for those positions.
1009 [(6)] (5) (a) When a tie vote occurs in any primary election for any national, state, or
1010 other office that represents more than one county, the governor, lieutenant governor, and
1011 attorney general shall, at a public meeting called by the governor and in the presence of the
1012 candidates involved, select the nominee by lot cast in whatever manner the governor
1013 determines.
1014 (b) When a tie vote occurs in any primary election for any county office, the district
1015 court judges of the district in which the county is located shall, at a public meeting called by
1016 the judges and in the presence of the candidates involved, select the nominee by lot cast in
1017 whatever manner the judges determine.
1018 [(7)] (6) The expense of providing all ballots, blanks, or other supplies to be used at
1019 any primary election provided for by this section, and all expenses necessarily incurred in the

1020 preparation for or the conduct of that primary election shall be paid out of the treasury of the
1021 county or state, in the same manner as for the regular general elections.
1022 Section 17. Section 20A-9-405 is enacted to read:
1023 20A-9-405. School board primary election.
1024 (1) A school board primary election shall be held on the second Tuesday following the
1025 first Monday in August of an odd-numbered year, as provided by Section 20A-1-201.5 , to
1026 nominate candidates for the school board general election if more than two candidates file a
1027 declaration of candidacy for the same State Board of Education district or a local school board
1028 district.
1029 (2) The election officer shall:
1030 (a) place the names of all candidates who have filed a declaration of candidacy for a
1031 State Board of Education district or a local school board district on the school board primary
1032 ballot if more than two candidates have filed for the same district; and
1033 (b) determine the order of the candidates' names on the ballot in accordance with
1034 Section 20A-6-305 .
1035 (3) A candidate who receives the highest number of votes and a candidate who receives
1036 the second highest number of votes in a school board primary election are nominated to be
1037 candidates in the school board general election.
1038 (4) The election officer shall publish the following notice:
1039 "Notice is given that a school board primary election will be held Tuesday, August ___,
1040 (day) ___(year), to nominate candidates for the State Board of Education and local school
1041 boards. The polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and
1042 continue open until 8 p.m. of the same day. Attest: county clerk."
1043 (5) The expense of providing all ballots, blanks, or other supplies to be used at a school
1044 board primary election provided for by this section, and all expenses necessarily incurred in the
1045 preparation for or the conduct of the school board primary election, shall be paid out of the
1046 treasury of the county or state, in the same manner as for the regular general elections.
1047 Section 18. Section 20A-11-101 is amended to read:
1048 20A-11-101. Definitions.
1049 As used in this chapter:
1050 (1) "Address" means the number and street where an individual resides or where a

1051 reporting entity has its principal office.
1052 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1053 amendments, and any other ballot propositions submitted to the voters that are authorized by
1054 the Utah Code Annotated 1953.
1055 (3) "Candidate" means any person who:
1056 (a) files a declaration of candidacy for a public office; or
1057 (b) receives contributions, makes expenditures, or gives consent for any other person to
1058 receive contributions or make expenditures to bring about the person's nomination or election
1059 to a public office.
1060 (4) "Chief election officer" means:
1061 (a) the lieutenant governor for state office candidates, legislative office candidates,
1062 officeholders, political parties, political action committees, corporations, political issues
1063 committees, state school board candidates, judges, and labor organizations, as defined in
1064 Section 20A-11-1501 ; and
1065 (b) the county clerk for local school board candidates.
1066 (5) (a) "Contribution" means any of the following when done for political purposes:
1067 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1068 value given to the filing entity;
1069 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1070 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1071 anything of value to the filing entity;
1072 (iii) any transfer of funds from another reporting entity to the filing entity;
1073 (iv) compensation paid by any person or reporting entity other than the filing entity for
1074 personal services provided without charge to the filing entity;
1075 (v) remuneration from:
1076 (A) any organization or its directly affiliated organization that has a registered lobbyist;
1077 or
1078 (B) any agency or subdivision of the state, including school districts; and
1079 (vi) goods or services provided to or for the benefit of the filing entity at less than fair
1080 market value.
1081 (b) "Contribution" does not include:

1082 (i) services provided without compensation by individuals volunteering a portion or all
1083 of their time on behalf of the filing entity;
1084 (ii) money lent to the filing entity by a financial institution in the ordinary course of
1085 business; or
1086 (iii) goods or services provided for the benefit of a candidate or political party at less
1087 than fair market value that are not authorized by or coordinated with the candidate or political
1088 party.
1089 (6) "Coordinated with" means that goods or services provided for the benefit of a
1090 candidate or political party are provided:
1091 (a) with the candidate's or political party's prior knowledge, if the candidate or political
1092 party does not object;
1093 (b) by agreement with the candidate or political party;
1094 (c) in coordination with the candidate or political party; or
1095 (d) using official logos, slogans, and similar elements belonging to a candidate or
1096 political party.
1097 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1098 organization that is registered as a corporation or is authorized to do business in a state and
1099 makes any expenditure from corporate funds for:
1100 (i) the purpose of expressly advocating for political purposes; or
1101 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1102 proposition.
1103 (b) "Corporation" does not mean:
1104 (i) a business organization's political action committee or political issues committee; or
1105 (ii) a business entity organized as a partnership or a sole proprietorship.
1106 (8) "County political party" means, for each registered political party, all of the persons
1107 within a single county who, under definitions established by the political party, are members of
1108 the registered political party.
1109 (9) "County political party officer" means a person whose name is required to be
1110 submitted by a county political party to the lieutenant governor in accordance with Section
1111 20A-8-402 .
1112 (10) "Detailed listing" means:

1113 (a) for each contribution or public service assistance:
1114 (i) the name and address of the individual or source making the contribution or public
1115 service assistance;
1116 (ii) the amount or value of the contribution or public service assistance; and
1117 (iii) the date the contribution or public service assistance was made; and
1118 (b) for each expenditure:
1119 (i) the amount of the expenditure;
1120 (ii) the person or entity to whom it was disbursed;
1121 (iii) the specific purpose, item, or service acquired by the expenditure; and
1122 (iv) the date the expenditure was made.
1123 (11) "Election" means each:
1124 (a) regular general election;
1125 (b) school board general election;
1126 [(b)] (c) regular primary election; [and]
1127 (d) school board primary election; and
1128 [(c)] (e) special election at which candidates are eliminated and selected.
1129 (12) "Electioneering communication" means a communication that:
1130 (a) has at least a value of $10,000;
1131 (b) clearly identifies a candidate or judge; and
1132 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1133 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1134 identified candidate's or judge's election date.
1135 (13) (a) "Expenditure" means:
1136 (i) any disbursement from contributions, receipts, or from the separate bank account
1137 required by this chapter;
1138 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1139 or anything of value made for political purposes;
1140 (iii) an express, legally enforceable contract, promise, or agreement to make any
1141 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1142 value for political purposes;
1143 (iv) compensation paid by a filing entity for personal services rendered by a person

1144 without charge to a reporting entity;
1145 (v) a transfer of funds between the filing entity and a candidate's personal campaign
1146 committee; or
1147 (vi) goods or services provided by the filing entity to or for the benefit of another
1148 reporting entity for political purposes at less than fair market value.
1149 (b) "Expenditure" does not include:
1150 (i) services provided without compensation by individuals volunteering a portion or all
1151 of their time on behalf of a reporting entity;
1152 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1153 business; or
1154 (iii) anything listed in Subsection (13)(a) that is given by a reporting entity to
1155 candidates for office or officeholders in states other than Utah.
1156 (14) "Federal office" means the office of President of the United States, United States
1157 Senator, or United States Representative.
1158 (15) "Filing entity" means the reporting entity that is required to file a financial
1159 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1160 (16) "Financial statement" includes any summary report, interim report, verified
1161 financial statement, or other statement disclosing contributions, expenditures, receipts,
1162 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1163 Retention Elections.
1164 (17) "Governing board" means the individual or group of individuals that determine the
1165 candidates and committees that will receive expenditures from a political action committee,
1166 political party, or corporation.
1167 (18) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
1168 Incorporation, by which a geographical area becomes legally recognized as a city or town.
1169 (19) "Incorporation election" means the election authorized by Section 10-2-111 .
1170 (20) "Incorporation petition" means a petition authorized by Section 10-2-109 .
1171 (21) "Individual" means a natural person.
1172 (22) "Interim report" means a report identifying the contributions received and
1173 expenditures made since the last report.
1174 (23) "Legislative office" means the office of state senator, state representative, speaker

1175 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
1176 whip of any party caucus in either house of the Legislature.
1177 (24) "Legislative office candidate" means a person who:
1178 (a) files a declaration of candidacy for the office of state senator or state representative;
1179 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1180 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
1181 assistant whip of any party caucus in either house of the Legislature; or
1182 (c) receives contributions, makes expenditures, or gives consent for any other person to
1183 receive contributions or make expenditures to bring about the person's nomination or election
1184 to a legislative office.
1185 (25) "Officeholder" means a person who holds a public office.
1186 (26) "Party committee" means any committee organized by or authorized by the
1187 governing board of a registered political party.
1188 (27) "Person" means both natural and legal persons, including individuals, business
1189 organizations, personal campaign committees, party committees, political action committees,
1190 political issues committees, and labor organizations, as defined in Section 20A-11-1501 .
1191 (28) "Personal campaign committee" means the committee appointed by a candidate to
1192 act for the candidate as provided in this chapter.
1193 (29) "Personal use expenditure" has the same meaning as provided under Section
1194 20A-11-104 .
1195 (30) (a) "Political action committee" means an entity, or any group of individuals or
1196 entities within or outside this state, a major purpose of which is to:
1197 (i) solicit or receive contributions from any other person, group, or entity for political
1198 purposes; or
1199 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1200 vote for or against any candidate or person seeking election to a municipal or county office.
1201 (b) "Political action committee" includes groups affiliated with a registered political
1202 party but not authorized or organized by the governing board of the registered political party
1203 that receive contributions or makes expenditures for political purposes.
1204 (c) "Political action committee" does not mean:
1205 (i) a party committee;

1206 (ii) any entity that provides goods or services to a candidate or committee in the regular
1207 course of its business at the same price that would be provided to the general public;
1208 (iii) an individual;
1209 (iv) individuals who are related and who make contributions from a joint checking
1210 account;
1211 (v) a corporation, except a corporation a major purpose of which is to act as a political
1212 action committee; or
1213 (vi) a personal campaign committee.
1214 (31) "Political convention" means a county or state political convention held by a
1215 registered political party to select candidates.
1216 (32) (a) "Political issues committee" means an entity, or any group of individuals or
1217 entities within or outside this state, a major purpose of which is to:
1218 (i) solicit or receive donations from any other person, group, or entity to assist in
1219 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1220 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1221 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1222 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1223 proposed ballot proposition or an incorporation in an incorporation election; or
1224 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1225 ballot or to assist in keeping a ballot proposition off the ballot.
1226 (b) "Political issues committee" does not mean:
1227 (i) a registered political party or a party committee;
1228 (ii) any entity that provides goods or services to an individual or committee in the
1229 regular course of its business at the same price that would be provided to the general public;
1230 (iii) an individual;
1231 (iv) individuals who are related and who make contributions from a joint checking
1232 account; or
1233 (v) a corporation, except a corporation a major purpose of which is to act as a political
1234 issues committee.
1235 (33) (a) "Political issues contribution" means any of the following:
1236 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or

1237 anything of value given to a political issues committee;
1238 (ii) an express, legally enforceable contract, promise, or agreement to make a political
1239 issues donation to influence the approval or defeat of any ballot proposition;
1240 (iii) any transfer of funds received by a political issues committee from a reporting
1241 entity;
1242 (iv) compensation paid by another reporting entity for personal services rendered
1243 without charge to a political issues committee; and
1244 (v) goods or services provided to or for the benefit of a political issues committee at
1245 less than fair market value.
1246 (b) "Political issues contribution" does not include:
1247 (i) services provided without compensation by individuals volunteering a portion or all
1248 of their time on behalf of a political issues committee; or
1249 (ii) money lent to a political issues committee by a financial institution in the ordinary
1250 course of business.
1251 (34) (a) "Political issues expenditure" means any of the following:
1252 (i) any payment from political issues contributions made for the purpose of influencing
1253 the approval or the defeat of:
1254 (A) a ballot proposition; or
1255 (B) an incorporation petition or incorporation election;
1256 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1257 the express purpose of influencing the approval or the defeat of:
1258 (A) a ballot proposition; or
1259 (B) an incorporation petition or incorporation election;
1260 (iii) an express, legally enforceable contract, promise, or agreement to make any
1261 political issues expenditure;
1262 (iv) compensation paid by a reporting entity for personal services rendered by a person
1263 without charge to a political issues committee; or
1264 (v) goods or services provided to or for the benefit of another reporting entity at less
1265 than fair market value.
1266 (b) "Political issues expenditure" does not include:
1267 (i) services provided without compensation by individuals volunteering a portion or all

1268 of their time on behalf of a political issues committee; or
1269 (ii) money lent to a political issues committee by a financial institution in the ordinary
1270 course of business.
1271 (35) "Political purposes" means an act done with the intent or in a way to influence or
1272 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1273 against any candidate or a person seeking a municipal or county office at any caucus, political
1274 convention, or election.
1275 (36) "Primary election" means any regular primary election held under the election
1276 laws.
1277 (37) "Public office" means the office of governor, lieutenant governor, state auditor,
1278 state treasurer, attorney general, state or local school board member, state senator, state
1279 representative, speaker of the House of Representatives, president of the Senate, and the leader,
1280 whip, and assistant whip of any party caucus in either house of the Legislature.
1281 (38) (a) "Public service assistance" means the following when given or provided to an
1282 officeholder to defray the costs of functioning in a public office or aid the officeholder to
1283 communicate with the officeholder's constituents:
1284 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1285 money or anything of value to an officeholder; or
1286 (ii) goods or services provided at less than fair market value to or for the benefit of the
1287 officeholder.
1288 (b) "Public service assistance" does not include:
1289 (i) anything provided by the state;
1290 (ii) services provided without compensation by individuals volunteering a portion or all
1291 of their time on behalf of an officeholder;
1292 (iii) money lent to an officeholder by a financial institution in the ordinary course of
1293 business;
1294 (iv) news coverage or any publication by the news media; or
1295 (v) any article, story, or other coverage as part of any regular publication of any
1296 organization unless substantially all the publication is devoted to information about the
1297 officeholder.
1298 (39) "Publicly identified class of individuals" means a group of 50 or more individuals

1299 sharing a common occupation, interest, or association that contribute to a political action
1300 committee or political issues committee and whose names can be obtained by contacting the
1301 political action committee or political issues committee upon whose financial statement the
1302 individuals are listed.
1303 (40) "Receipts" means contributions and public service assistance.
1304 (41) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
1305 Lobbyist Disclosure and Regulation Act.
1306 (42) "Registered political action committee" means any political action committee that
1307 is required by this chapter to file a statement of organization with the lieutenant governor's
1308 office.
1309 (43) "Registered political issues committee" means any political issues committee that
1310 is required by this chapter to file a statement of organization with the lieutenant governor's
1311 office.
1312 (44) "Registered political party" means an organization of voters that:
1313 (a) participated in the last regular general election and polled a total vote equal to 2%
1314 or more of the total votes cast for all candidates for the United States House of Representatives
1315 for any of its candidates for any office; or
1316 (b) has complied with the petition and organizing procedures of Chapter 8, Political
1317 Party Formation and Procedures.
1318 (45) (a) "Remuneration" means a payment:
1319 (i) made to a legislator for the period the Legislature is in session; and
1320 (ii) that is approximately equivalent to an amount a legislator would have earned
1321 during the period the Legislature is in session in the legislator's ordinary course of business.
1322 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1323 (i) the legislator's primary employer in the ordinary course of business; or
1324 (ii) a person or entity in the ordinary course of business:
1325 (A) because of the legislator's ownership interest in the entity; or
1326 (B) for services rendered by the legislator on behalf of the person or entity.
1327 (46) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1328 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
1329 action committee, a political issues committee, a corporation, or a labor organization, as

1330 defined in Section 20A-11-1501 .
1331 (47) "School board office" means the office of [state school board] the State Board of
1332 Education or local school board.
1333 (48) (a) "Source" means the person or entity that is the legal owner of the tangible or
1334 intangible asset that comprises the contribution.
1335 (b) "Source" means, for political action committees and corporations, the political
1336 action committee and the corporation as entities, not the contributors to the political action
1337 committee or the owners or shareholders of the corporation.
1338 (49) "State office" means the offices of governor, lieutenant governor, attorney general,
1339 state auditor, and state treasurer.
1340 (50) "State office candidate" means a person who:
1341 (a) files a declaration of candidacy for a state office; or
1342 (b) receives contributions, makes expenditures, or gives consent for any other person to
1343 receive contributions or make expenditures to bring about the person's nomination or election
1344 to a state office.
1345 (51) "Summary report" means the year end report containing the summary of a
1346 reporting entity's contributions and expenditures.
1347 (52) "Supervisory board" means the individual or group of individuals that allocate
1348 expenditures from a political issues committee.
1349 Section 19. Section 20A-11-1302 is amended to read:
1350 20A-11-1302. School board office candidate -- Financial reporting requirements
1351 -- Year-end summary report.
1352 (1) (a) Each school board office candidate shall file a summary report by January 10 of
1353 the year after the [regular] school board general election year.
1354 (b) In addition to the requirements of Subsection (1)(a), a former school board office
1355 candidate that has not filed the statement of dissolution and final summary report required
1356 under Section 20A-11-1304 shall continue to file a summary report on January 10 of each year.
1357 (2) (a) Each summary report shall include the following information as of December 31
1358 of the previous year:
1359 (i) the net balance of the last financial statement, if any;
1360 (ii) a single figure equal to the total amount of receipts reported on all interim reports,

1361 if any, during the previous year;
1362 (iii) a single figure equal to the total amount of expenditures reported on all interim
1363 reports, if any, filed during the previous year;
1364 (iv) a detailed listing of each receipt, contribution, and public service assistance since
1365 the last summary report that has not been reported in detail on an interim report;
1366 (v) for each nonmonetary contribution:
1367 (A) the fair market value of the contribution with that information provided by the
1368 contributor; and
1369 (B) a specific description of the contribution;
1370 (vi) a detailed listing of each expenditure made since the last summary report that has
1371 not been reported in detail on an interim report;
1372 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1373 (viii) a net balance for the year consisting of the net balance from the last summary
1374 report, if any, plus all receipts minus all expenditures; and
1375 (ix) the name of a political action committee for which the school board office
1376 candidate is designated as an officer who has primary decision-making authority under Section
1377 20A-11-601 .
1378 (b) (i) For all individual contributions or public service assistance of $50 or less, a
1379 single aggregate figure may be reported without separate detailed listings.
1380 (ii) Two or more contributions from the same source that have an aggregate total of
1381 more than $50 may not be reported in the aggregate, but shall be reported separately.
1382 (c) In preparing the report, all receipts and expenditures shall be reported as of
1383 December 31 of the previous year.
1384 (d) A check or negotiable instrument received by a school board office candidate on or
1385 before December 31 of the previous year shall be included in the summary report.
1386 (3) The school board office candidate shall certify in the summary report that, to the
1387 best of the school board office candidate's knowledge, all receipts and all expenditures have
1388 been reported as of December 31 of the previous year and that there are no bills or obligations
1389 outstanding and unpaid except as set forth in that report.
1390 Section 20. Section 20A-11-1303 is amended to read:
1391 20A-11-1303. School board office candidate -- Financial reporting requirements

1392 -- Interim reports.
1393 (1) Each school board office candidate shall file an interim report at the following
1394 times in any year in which the candidate has filed a declaration of candidacy for a public office:
1395 [(a) May 15, for state school board office candidates;]
1396 [(b)] (a) seven days before the [regular] school board primary election date; and
1397 [(c) August 31; and]
1398 [(d)] (b) seven days before the [regular] school board general election date.
1399 (2) Each interim report shall include the following information:
1400 (a) the net balance of the last summary report, if any;
1401 (b) a single figure equal to the total amount of receipts reported on all prior interim
1402 reports, if any, during the calendar year in which the interim report is due;
1403 (c) a single figure equal to the total amount of expenditures reported on all prior
1404 interim reports, if any, filed during the calendar year in which the interim report is due;
1405 (d) a detailed listing of each contribution and public service assistance received since
1406 the last summary report that has not been reported in detail on a prior interim report;
1407 (e) for each nonmonetary contribution:
1408 (i) the fair market value of the contribution with that information provided by the
1409 contributor; and
1410 (ii) a specific description of the contribution;
1411 (f) a detailed listing of each expenditure made since the last summary report that has
1412 not been reported in detail on a prior interim report;
1413 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1414 (h) a net balance for the year consisting of the net balance from the last summary
1415 report, if any, plus all receipts since the last summary report minus all expenditures since the
1416 last summary report;
1417 (i) a summary page in the form required by the lieutenant governor that identifies:
1418 (i) beginning balance;
1419 (ii) total contributions during the period since the last statement;
1420 (iii) total contributions to date;
1421 (iv) total expenditures during the period since the last statement; and
1422 (v) total expenditures to date; and

1423 (j) the name of a political action committee for which the school board office candidate
1424 is designated as an officer who has primary decision-making authority under Section
1425 20A-11-601 .
1426 (3) (a) For all individual contributions or public service assistance of $50 or less, a
1427 single aggregate figure may be reported without separate detailed listings.
1428 (b) Two or more contributions from the same source that have an aggregate total of
1429 more than $50 may not be reported in the aggregate, but shall be reported separately.
1430 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1431 as of five days before the required filing date of the report.
1432 (b) Any negotiable instrument or check received by a school board office candidate
1433 more than five days before the required filing date of a report required by this section shall be
1434 included in the interim report.
1435 Section 21. Section 20A-11-1305 is amended to read:
1436 20A-11-1305. School board office candidate -- Failure to file statement --
1437 Penalties.
1438 (1) (a) If a school board office candidate fails to file an interim report due before the
1439 [regular] school board primary election[, on August 31,] or before the [regular] school board
1440 general election, the chief election officer shall, after making a reasonable attempt to discover
1441 if the report was timely filed:
1442 (i) inform the county clerk and other appropriate election officials who:
1443 (A) (I) shall, if practicable, remove the name of the candidate from the ballots before
1444 the ballots are delivered to voters; or
1445 (II) shall, if removing the candidate's name from the ballot is not practicable, inform
1446 the voters by any practicable method that the candidate has been disqualified and that votes
1447 cast for candidate will not be counted; and
1448 (B) may not count any votes for that candidate; and
1449 (ii) impose a fine against the filing entity in accordance with Section 20A-11-1005 .
1450 (b) Any school board office candidate who fails to file timely a financial statement
1451 required by Subsection 20A-11-1303 (1)(b)[,] or (c)[, or (d)] is disqualified and the vacancy on
1452 the ballot may be filled as provided in Section 20A-1-501 .
1453 (c) Notwithstanding Subsections (1)(a) and (1)(b), a school board office candidate is

1454 not disqualified and the chief election officer may not impose a fine if:
1455 (i) the candidate timely files the reports required by this section in accordance with
1456 Section 20A-11-103 ;
1457 (ii) those reports are completed, detailing accurately and completely the information
1458 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1459 and
1460 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(c)(ii) are
1461 corrected in:
1462 (A) an amended report; or
1463 (B) the next scheduled report.
1464 (2) (a) Within 30 days after a deadline for the filing of a summary report by a candidate
1465 for state school board, the lieutenant governor shall review each filed summary report to ensure
1466 that:
1467 (i) each state school board candidate that is required to file a summary report has filed
1468 one; and
1469 (ii) each summary report contains the information required by this part.
1470 (b) If it appears that any state school board candidate has failed to file the summary
1471 report required by law, if it appears that a filed summary report does not conform to the law, or
1472 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1473 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1474 violation or receipt of a written complaint, notify the state school board candidate of the
1475 violation or written complaint and direct the state school board candidate to file a summary
1476 report correcting the problem.
1477 (c) (i) It is unlawful for any state school board candidate to fail to file or amend a
1478 summary report within 14 days after receiving notice from the lieutenant governor under this
1479 section.
1480 (ii) Each state school board candidate who violates Subsection (2)(c)(i) is guilty of a
1481 class B misdemeanor.
1482 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1483 attorney general.
1484 (3) (a) Within 30 days after a deadline for the filing of a summary report, the county

1485 clerk shall review each filed summary report to ensure that:
1486 (i) each local school board candidate that is required to file a summary report has filed
1487 one; and
1488 (ii) each summary report contains the information required by this part.
1489 (b) If it appears that any local school board candidate has failed to file the summary
1490 report required by law, if it appears that a filed summary report does not conform to the law, or
1491 if the county clerk has received a written complaint alleging a violation of the law or the falsity
1492 of any summary report, the county clerk shall, within five days of discovery of a violation or
1493 receipt of a written complaint, notify the local school board candidate of the violation or
1494 written complaint and direct the local school board candidate to file a summary report
1495 correcting the problem.
1496 (c) (i) It is unlawful for any local school board candidate to fail to file or amend a
1497 summary report within 14 days after receiving notice from the county clerk under this section.
1498 (ii) Each local school board candidate who violates Subsection (3)(c)(i) is guilty of a
1499 class B misdemeanor.
1500 (iii) The county clerk shall report all violations of Subsection (3)(c)(i) to the district or
1501 county attorney.
1502 Section 22. Section 20A-14-103 is amended to read:
1503 CHAPTER 14. ELECTION OF STATE AND LOCAL SCHOOL BOARDS
1504 Part 1. State Board of Education
1505 20A-14-103. State Board of Education members -- When elected -- Qualifications
1506 -- Avoiding conflicts of interest.
1507 (1) (a) [Unless otherwise provided by law, each] Except as provided by this section, a
1508 State Board of Education member shall serve a four-year term.
1509 (b) A State Board of Education member elected [from a State Board of Education
1510 District] at the 2010 regular general election shall:
1511 (i) serve [out the term of office for which that member was elected] a five-year term;
1512 and
1513 (ii) represent the realigned district if the member resides in that district.
1514 [(b) At the general election to be held in 2012, a]
1515 (c) A State Board of Education member elected at the 2012 regular general election

1516 from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, [and] or 15 shall [be elected to]
1517 serve a term of office of [four] five years.
1518 [(c)] (d) In order to ensure that the terms of approximately half of the State Board of
1519 Education members expire every two years[: (i) at the general election to be held in 2012], the
1520 State Board of Education member elected at the 2012 regular general election from State Board
1521 of Education District 1 shall [be elected to] serve a term of office of [two years; and] three
1522 years.
1523 [(ii) at the general election to be held in 2014, the State Board of Education member
1524 elected from State Board of Education District 1 shall be elected to serve a term of office of
1525 four years.]
1526 (2) (a) A person seeking election to the State Board of Education shall have been a
1527 resident of the State Board of Education district in which the person is seeking election for at
1528 least one year as of the date of the election.
1529 (b) A person who has resided within the State Board of Education district, as the
1530 boundaries of the district exist on the date of the election, for one year immediately preceding
1531 the date of the election shall be considered to have met the requirements of this Subsection (2).
1532 (3) A State Board of Education member shall:
1533 (a) be and remain a registered voter in the State Board of Education district from which
1534 the member was elected or appointed; and
1535 (b) maintain the member's primary residence within the State Board of Education
1536 district from which the member was elected or appointed during the member's term of office.
1537 (4) A State Board of Education member may not, during the member's term of office,
1538 also serve as an employee of:
1539 (a) the State Board of Education;
1540 (b) the Utah State Office of Education; or
1541 (c) the Utah State Office of Rehabilitation.
1542 Section 23. Section 20A-14-104 is amended to read:
1543 20A-14-104. Becoming a candidate for membership on the State Board of
1544 Education.
1545 (1) [(a)] Persons interested in becoming a candidate for the State Board of Education
1546 shall file a declaration of candidacy according to the procedures and requirements of Sections

1547 20A-9-201 and [ 20A-9-202 ] 20A-9-203.5 .
1548 (2) An election officer shall conduct a school board primary election that is necessary
1549 in accordance with Section 20A-9-405 .
1550 (3) An election officer shall conduct a school board general election on the date
1551 specified in Section 20A-1-201.1 .
1552 [(b) By May 1 of the year in which a State Board of Education member's term expires,
1553 the lieutenant governor shall submit the name of each person who has filed a declaration of
1554 candidacy for the State Board of Education to the nominating and recruiting committee for the
1555 State Board of Education.]
1556 [(2) By November 1 of the year preceding each regular general election year, a
1557 nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
1558 shall be appointed by the governor as follows:]
1559 [(a) one member shall be appointed to represent each of the following business and
1560 industry sectors:]
1561 [(i) manufacturing and mining;]
1562 [(ii) transportation and public utilities;]
1563 [(iii) service, trade, and information technology;]
1564 [(iv) finance, insurance, and real estate;]
1565 [(v) construction; and]
1566 [(vi) agriculture; and]
1567 [(b) one member shall be appointed to represent each of the following education
1568 sectors:]
1569 [(i) teachers;]
1570 [(ii) school administrators;]
1571 [(iii) parents;]
1572 [(iv) local school board members;]
1573 [(v) charter schools; and]
1574 [(vi) higher education.]
1575 [(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
1576 through (vi) shall be appointed from lists containing at least two names submitted by
1577 organizations representing each of the respective sectors.]

1578 [(b) At least one member of the nominating and recruiting committee shall reside
1579 within each state board district in which a member's term expires during the committee's
1580 two-year term of office.]
1581 [(4) (a) The members shall elect one member to serve as chair for the committee.]
1582 [(b) The chair, or another member of the committee designated by the chair, shall
1583 schedule and convene all committee meetings.]
1584 [(c) Any formal action by the committee requires the approval of a majority of
1585 committee members.]
1586 [(d) Members of the nominating and recruiting committee shall serve without
1587 compensation, but they may be reimbursed for expenses incurred in the performance of their
1588 official duties as established by the Division of Finance.]
1589 [(5) The nominating and recruiting committee shall:]
1590 [(a) recruit potential candidates for membership on the State Board of Education prior
1591 to the deadline to file a declaration of candidacy;]
1592 [(b) prepare a list of candidates for membership on the State Board of Education for
1593 each state board district subject to election in that year using the qualifications under
1594 Subsection (6);]
1595 [(c) submit a list of at least three candidates for each state board position to the
1596 governor by July 1; and]
1597 [(d) ensure that the list includes appropriate background information on each
1598 candidate.]
1599 [(6) The nominating committee shall select a broad variety of candidates who possess
1600 outstanding professional qualifications relating to the powers and duties of the State Board of
1601 Education, including experience in the following areas:]
1602 [(a) business and industry administration;]
1603 [(b) business and industry human resource management;]
1604 [(c) business and industry finance;]
1605 [(d) business and industry, including expertise in:]
1606 [(i) metrics and evaluation;]
1607 [(ii) manufacturing;]
1608 [(iii) retailing;]

1609 [(iv) natural resources;]
1610 [(v) information technology;]
1611 [(vi) construction;]
1612 [(vii) banking;]
1613 [(viii) science and engineering; and]
1614 [(ix) medical and healthcare;]
1615 [(e) higher education administration;]
1616 [(f) applied technology education;]
1617 [(g) public education administration;]
1618 [(h) public education instruction;]
1619 [(i) economic development;]
1620 [(j) labor; and]
1621 [(k) other life experiences that would benefit the State Board of Education.]
1622 Section 24. Section 20A-14-201 is amended to read:
1623 Part 2. Local School Boards
1624 20A-14-201. Boards of education -- School board districts -- Creation --
1625 Reapportionment.
1626 (1) (a) The county legislative body, for local school districts whose boundaries
1627 encompass more than a single municipality, and the municipal legislative body, for school
1628 districts contained completely within a municipality, shall divide the local school district into
1629 local school board districts as required under Subsection 20A-14-202 (1)(a).
1630 (b) The county and municipal legislative bodies shall divide the school district so that
1631 the local school board districts are substantially equal in population and are as contiguous and
1632 compact as practicable.
1633 (2) (a) County and municipal legislative bodies shall reapportion district boundaries to
1634 meet the population, compactness, and contiguity requirements of this section:
1635 (i) at least once every 10 years;
1636 (ii) if a new district is created:
1637 (A) within 45 days after the canvass of an election at which voters approve the creation
1638 of a new district; and
1639 (B) at least 60 days before the candidate filing deadline for a school board election;

1640 (iii) whenever districts are consolidated;
1641 (iv) whenever a district loses more than 20% of the population of the entire school
1642 district to another district;
1643 (v) whenever a district loses more than 50% of the population of a local school board
1644 district to another district;
1645 (vi) whenever a district receives new residents equal to at least 20% of the population
1646 of the district at the time of the last reapportionment because of a transfer of territory from
1647 another district; and
1648 (vii) whenever it is necessary to increase the membership of a board from five to seven
1649 members as a result of changes in student membership under Section 20A-14-202 .
1650 (b) If a school district receives territory containing less than 20% of the population of
1651 the transferee district at the time of the last reapportionment, the local school board may assign
1652 the new territory to one or more existing school board districts.
1653 (3) (a) Reapportionment does not affect the right of any school board member to
1654 complete the term for which the member was elected.
1655 (b) (i) After reapportionment, representation in a local school board district shall be
1656 determined as provided in this Subsection (3).
1657 (ii) If only one board member whose term extends beyond reapportionment lives
1658 within a reapportioned local school board district, that board member shall represent that local
1659 school board district.
1660 (iii) (A) If two or more members whose terms extend beyond reapportionment live
1661 within a reapportioned local school board district, the members involved shall select one
1662 member by lot to represent the local school board district.
1663 (B) The other members shall serve at-large for the remainder of their terms.
1664 (C) The at-large board members shall serve in addition to the designated number of
1665 board members for the board in question for the remainder of their terms.
1666 (iv) If there is no board member living within a local school board district whose term
1667 extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in
1668 this part.
1669 (4) (a) If, before an election affected by reapportionment, the county or municipal
1670 legislative body that conducted the reapportionment determines that one or more members

1671 shall be elected to [terms of two years] a term less than four years to meet this part's
1672 requirements for staggered terms, the legislative body shall determine by lot which of the
1673 reapportioned local school board districts will elect members to [two-year terms and which will
1674 elect members to four-year terms] a term less than four years.
1675 (b) [All] Except as provided by Section 20A-14-203 , all subsequent elections are for
1676 four-year terms.
1677 (5) Within 10 days after any local school board district boundary change, the county or
1678 municipal legislative body making the change shall send an accurate map or plat of the
1679 boundary change to the Automated Geographic Reference Center created under Section
1680 63F-1-506 .
1681 Section 25. Section 20A-14-202 is amended to read:
1682 20A-14-202. Local boards of education -- Membership -- When elected --
1683 Qualifications -- Avoiding conflicts of interest.
1684 (1) (a) Except as provided in Subsection (1)(b), the board of education of a school
1685 district with a student population of up to 24,000 students shall consist of five members.
1686 (b) The board of education of a school district with a student population of more than
1687 10,000 students but fewer than 24,000 students shall increase from five to seven members
1688 [beginning with the 2004 regular general election].
1689 (c) The board of education of a school district with a student population of 24,000 or
1690 more students shall consist of seven members.
1691 (d) Student population is based on the October 1 student count submitted by districts to
1692 the State Office of Education.
1693 (e) If the number of members of a local school board is required to change under
1694 Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
1695 Sections 20A-14-201 and 20A-14-203 .
1696 (f) A school district which now has or increases to a seven-member board shall
1697 maintain a seven-member board regardless of subsequent changes in student population.
1698 (g) (i) Members of a local board of education shall be elected at each [regular] school
1699 board general election.
1700 (ii) Except as provided in Subsection (1)(g)(iii), no more than three members of a local
1701 board of education may be elected to a five-member board, nor more than four members

1702 elected to a seven-member board, in any election year.
1703 (iii) More than three members of a local board of education may be elected to a
1704 five-member board and more than four members elected to a seven-member board in any
1705 election year only when required by reapportionment or to fill a vacancy or to implement
1706 Subsection (1)(b).
1707 (h) One member of the local board of education shall be elected from each local school
1708 board district.
1709 (2) (a) [For an election held after the 2008 general election, a] A person seeking
1710 election to a local school board shall have been a resident of the local school board district in
1711 which the person is seeking election for at least one year as of the date of the election.
1712 (b) A person who has resided within the local school board district, as the boundaries
1713 of the district exist on the date of the election, for one year immediately preceding the date of
1714 the election shall be considered to have met the requirements of this Subsection (2).
1715 (3) A member of a local school board shall:
1716 (a) be and remain a registered voter in the local school board district from which the
1717 member is elected or appointed; and
1718 (b) maintain the member's primary residence within the local school board district from
1719 which the member is elected or appointed during the member's term of office.
1720 (4) A member of a local school board may not, during the member's term in office, also
1721 serve as an employee of that board.
1722 Section 26. Section 20A-14-203 is amended to read:
1723 20A-14-203. Becoming a member of a local board of education -- Declaration of
1724 candidacy -- Election.
1725 (1) An individual may become a candidate for a local school board by filing a
1726 declaration of candidacy with the county clerk and paying the fee as required by Section
1727 [ 20A-9-202 ] 20A-9-203.5 .
1728 (2) (a) [The] Except as provided by Subsection (3), a term of office for an individual
1729 elected to a local board of education is four years, beginning on the first Monday in January
1730 after the election.
1731 (b) A member of a local board of education shall serve until a successor is elected or
1732 appointed and qualified.

1733 (c) A member of a local board of education is "qualified" when the member takes or
1734 signs the constitutional oath of office.
1735 (3) (a) A person elected as a local board of education member at the 2010 regular
1736 general election shall serve a five-year term.
1737 (b) A person elected as a local board of education member at the 2012 regular general
1738 election shall serve a five-year term.
1739 Section 27. Section 53A-1-101 is amended to read:
1740 53A-1-101. State Board of Education -- Members.
1741 (1) Members of the State Board of Education shall be nominated and elected as
1742 provided in Title 20A, Chapter 14, [Nomination and] Election of State and Local School
1743 Boards.
1744 (2) (a) In addition to the members designated under Subsection (1), the following
1745 members shall serve as nonvoting members of the State Board of Education:
1746 (i) two members of the State Board of Regents, appointed by the chair of the State
1747 Board of Regents;
1748 (ii) one member of the Utah College of Applied Technology Board of Trustees,
1749 appointed by the chair of the board of trustees; and
1750 (iii) one member of the State Charter School Board, appointed by the chair of the State
1751 Charter School Board.
1752 (b) A nonvoting member shall continue to serve as a member without a set term until
1753 the member is replaced by the chair of the State Board of Regents, chair of the Utah College of
1754 Applied Technology Board of Trustees, or chair of the State Charter School Board, as
1755 applicable.
1756 Section 28. Section 53A-1a-506 is amended to read:
1757 53A-1a-506. Eligible students.
1758 (1) As used in this section:
1759 (a) "District school" means a public school under the control of a local school board
1760 elected pursuant to Title 20A, Chapter 14, [Nomination and] Election of State and Local
1761 School Boards.
1762 (b) "Refugee" means a person who is eligible to receive benefits and services from the
1763 federal Office of Refugee Resettlement.

1764 (2) All resident students of the state qualify for admission to a charter school, subject
1765 to the limitations set forth in this section and Section 53A-1a-506.5 .
1766 (3) (a) A charter school shall enroll an eligible student who submits a timely
1767 application, unless the number of applications exceeds the capacity of a program, class, grade
1768 level, or the charter school.
1769 (b) If the number of applications exceeds the capacity of a program, class, grade level,
1770 or the charter school, students shall be selected on a random basis, except as provided in
1771 Subsections (4) through (6).
1772 (4) A charter school may give an enrollment preference to:
1773 (a) a student of a parent who has actively participated in the development of the charter
1774 school;
1775 (b) siblings of students presently enrolled in the charter school;
1776 (c) a student of a parent who is employed by the charter school;
1777 (d) students matriculating between charter schools offering similar programs that are
1778 governed by the same governing body;
1779 (e) students matriculating from one charter school to another pursuant to a
1780 matriculation agreement between the charter schools that is approved by the State Charter
1781 School Board; or
1782 (f) students who reside within:
1783 (i) the school district in which the charter school is located;
1784 (ii) the municipality in which the charter school is located; or
1785 (iii) a two-mile radius from the charter school.
1786 (5) If a district school converts to charter status, the charter school shall give an
1787 enrollment preference to students who would have otherwise attended it as a district school.
1788 (6) (a) A charter school whose mission is to enhance learning opportunities for
1789 refugees or children of refugee families may give an enrollment preference to refugees or
1790 children of refugee families.
1791 (b) A charter school whose mission is to enhance learning opportunities for English
1792 language learners may give an enrollment preference to English language learners.
1793 (7) A charter school may not discriminate in its admission policies or practices on the
1794 same basis as other public schools may not discriminate in their admission policies and

1795 practices.
1796 Section 29. Section 53A-1a-506.5 is amended to read:
1797 53A-1a-506.5. Charter school students -- Admissions procedures -- Transfers.
1798 (1) As used in this section:
1799 (a) "District school" means a public school under the control of a local school board
1800 elected pursuant to Title 20A, Chapter 14, [Nomination and] Election of State and Local
1801 School Boards.
1802 (b) "Nonresident school district" means a school district other than a student's school
1803 district of residence.
1804 (c) "School district of residence" means a student's school district of residence as
1805 determined under Section 53A-2-201 .
1806 (d) "School of residence" means the school to which a student is assigned to attend
1807 based on the student's place of residence.
1808 (2) (a) The State School Board, in consultation with the State Charter School Board,
1809 shall make rules describing procedures for students to follow in applying for entry into, or
1810 exiting, a charter school.
1811 (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
1812 (i) posting on a charter school's Internet website, beginning no later than 60 days before
1813 the school's initial period of applications:
1814 (A) procedures for applying for admission to the charter school;
1815 (B) (I) the school's opening date, if the school has not yet opened; or
1816 (II) the school calendar; and
1817 (C) information on how a student may transfer from a charter school to another charter
1818 school or a district school;
1819 (ii) use of standard application forms prescribed by the State Board of Education;
1820 (iii) written notification to a student's parent or legal guardian of an offer of admission;
1821 (iv) written acceptance of an offer of admission by a student's parent or legal guardian;
1822 (v) written notification to a student's current charter school or school district of
1823 residence upon acceptance of the student for enrollment in a charter school; and
1824 (vi) the admission of students, provided that the admission does not disqualify the
1825 charter school from federal funding, at:

1826 (A) any time to protect the health or safety of a student; or
1827 (B) times other than those permitted under standard policies if there are other
1828 conditions of special need that warrant consideration.
1829 (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
1830 enrolled in a charter school or who has accepted an offer of admission to a charter school from
1831 duplicating enrollment for the student in another charter school or a school district without
1832 following the withdrawal procedures described in Subsection (3).
1833 (3) The parent of a student enrolled in a charter school may withdraw the student from
1834 the charter school for enrollment in another charter school or a school district by submitting to
1835 the charter school:
1836 (a) on or before June 30, a notice of intent to enroll the student in the student's school
1837 of residence for the following school year;
1838 (b) after June 30, a letter of acceptance for enrollment in the student's school district of
1839 residence for the following year;
1840 (c) a letter of acceptance for enrollment in the student's school district of residence in
1841 the current school year;
1842 (d) a letter of acceptance for enrollment in a nonresident school district; or
1843 (e) a letter of acceptance for enrollment in a charter school.
1844 (4) (a) A charter school shall report to a school district, by the last business day of each
1845 month the aggregate number of new students, sorted by their school of residence and grade
1846 level, who have accepted enrollment in the charter school for the following school year.
1847 (b) A school district shall report to a charter school, by the last business day of each
1848 month, the aggregate number of students enrolled in the charter school who have accepted
1849 enrollment in the school district in the following school year, sorted by grade level.
1850 (5) When a vacancy occurs because a student has withdrawn from a charter school, the
1851 charter school may immediately enroll a new student from its list of applicants.
1852 (6) Unless provisions have previously been made for enrollment in another school, a
1853 charter school releasing a student from enrollment during a school year shall immediately
1854 notify the school district of residence, which shall enroll the student in the school district of
1855 residence and take additional steps as may be necessary to ensure compliance with laws
1856 governing school attendance.

1857 (7) (a) The parent of a student enrolled in a charter school may withdraw the student
1858 from the charter school for enrollment in the student's school of residence in the following
1859 school year if an application of admission is submitted to the school district of residence by
1860 June 30.
1861 (b) If the parent of a student enrolled in a charter school submits an application of
1862 admission to the student's school district of residence after June 30 for the student's enrollment
1863 in the school district of residence in the following school year, or an application of admission is
1864 submitted for enrollment during the current school year, the student may enroll in a school of
1865 the school district of residence that has adequate capacity in:
1866 (i) the student's grade level, if the student is an elementary school student; or
1867 (ii) the core classes that the student needs to take, if the student is a secondary school
1868 student.
1869 (c) State Board of Education rules made under Subsection (2)(a) shall specify how
1870 adequate capacity in a grade level or core classes is determined for the purposes of Subsection
1871 (7)(b).
1872 (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
1873 to protect the health and safety of the student.
1874 (9) A school district or charter school may charge secondary students a one-time $5
1875 processing fee, to be paid at the time of application.
1876 Section 30. Section 53A-2-119 is amended to read:
1877 53A-2-119. Reapportionment -- Local school board membership.
1878 (1) Upon the creation of a new school district, the county legislative body shall
1879 reapportion the affected school districts pursuant to Section 20A-14-201 .
1880 (2) Except as provided in Section 53A-2-118.1 , school board membership in the
1881 affected school districts shall be determined under Title 20A, Chapter 14, Part 2, [Nomination
1882 and Election of Members of Local Boards of Education] Local School Boards.
1883 Section 31. Section 53A-3-101 is amended to read:
1884 53A-3-101. Selection and election of members to local boards of education.
1885 Members of local boards of education shall be elected as provided in Title 20A,
1886 Chapter 14, [Nomination and] Election of State and Local School Boards.
1887 Section 32. Section 53A-3-301 is amended to read:

1888 53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
1889 Compensation.
1890 (1) Subject to Subsection (8), a local school board shall appoint a district
1891 superintendent of schools who serves as the local school board's chief executive officer.
1892 (2) A local school board shall appoint the superintendent on the basis of outstanding
1893 professional qualifications.
1894 (3) (a) A superintendent's term of office is for two years and until, subject to
1895 Subsection (8), a successor is appointed and qualified.
1896 (b) A local school board that appoints a superintendent in accordance with this section
1897 may not, on or after May 10, 2011, enter into an employment contract that contains an
1898 automatic renewal provision with the superintendent.
1899 (4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (8),
1900 if it becomes necessary to appoint an interim superintendent due to a vacancy in the office of
1901 superintendent, the local school board shall make an appointment during a public meeting for
1902 an indefinite term not to exceed one year, which term shall end upon the appointment and
1903 qualification of a new superintendent.
1904 (5) (a) The superintendent shall hold an administrative/supervisory license issued by
1905 the State Board of Education, except as otherwise provided in Subsection (5)(b).
1906 (b) At the request of a local school board, the State Board of Education shall grant a
1907 letter of authorization permitting a person with outstanding professional qualifications to serve
1908 as superintendent without holding an administrative/supervisory license.
1909 (6) A local school board shall set the superintendent's compensation for services.
1910 (7) A superintendent qualifies for office by taking the constitutional oath of office.
1911 (8) (a) As used in this Subsection (8), "interim vacancy period" means the period of
1912 time that:
1913 (i) begins on the day on which a school board general election described in Section
1914 [ 20A-1-202 ] 20A-1-201.1 is held to elect a member of a local school board; and
1915 (ii) ends on the day on which the member-elect begins the member's term.
1916 (b) (i) The local school board may not appoint a superintendent during an interim
1917 vacancy period.
1918 (ii) Notwithstanding Subsection (8)(b)(i):

1919 (A) the local school board may appoint an interim superintendent during an interim
1920 vacancy period; and
1921 (B) the interim superintendent's term shall expire once a new superintendent is
1922 appointed by the new local school board after the interim vacancy period has ended.
1923 (c) Subsection (8)(b) does not apply if all the local school board members who held
1924 office on the day of the school board general election whose term of office was vacant for the
1925 election are re-elected to the local school board for the following term.
1926 Section 33. Section 53A-11-102.5 is amended to read:
1927 53A-11-102.5. Dual enrollment.
1928 (1) "District school" means a public school under the control of a local school board
1929 elected pursuant to Title 20A, Chapter 14, [Nomination and] Election of State and Local
1930 School Boards.
1931 (2) A person having control of a minor who is enrolled in a regularly established
1932 private school or a home school may also enroll the minor in a public school for dual
1933 enrollment purposes.
1934 (3) The minor may participate in any academic activity in the public school available to
1935 students in the minor's grade or age group, subject to compliance with the same rules and
1936 requirements that apply to a full-time student's participation in the activity.
1937 (4) (a) A student enrolled in a dual enrollment program in a district school is
1938 considered a student of the district in which the district school of attendance is located for
1939 purposes of state funding to the extent of the student's participation in the district school
1940 programs.
1941 (b) A student enrolled in a dual enrollment program in a charter school is considered a
1942 student of the charter school for purposes of state funding to the extent of the student's
1943 participation in the charter school programs.
1944 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1945 State Board of Education shall make rules for purposes of dual enrollment to govern and
1946 regulate the transferability of credits toward graduation that are earned in a private or home
1947 school.
1948 Section 34. Section 53A-15-1202 is amended to read:
1949 53A-15-1202. Definitions.

1950 As used in this part:
1951 (1) "District school" means a public school under the control of a local school board
1952 elected pursuant to Title 20A, Chapter 14, [Nomination and] Election of State and Local
1953 School Boards.
1954 (2) "Eligible student" means:
1955 (a) a student enrolled in a district school or charter school in Utah; or
1956 (b) beginning on July 1, 2013, a student:
1957 (i) who attends a private school or home school; and
1958 (ii) whose custodial parent or legal guardian is a resident of Utah.
1959 (3) "LEA" means a local education agency in Utah that has administrative control and
1960 direction for public education.
1961 (4) "Online course" means a course of instruction offered by the Statewide Online
1962 Education Program through the use of digital technology.
1963 (5) "Primary LEA of enrollment" means the LEA in which an eligible student is
1964 enrolled for courses other than online courses offered through the Statewide Online Education
1965 Program.
1966 (6) "Released-time" means a period of time during the regular school day a student is
1967 excused from school at the request of the student's parent or guardian pursuant to rules of the
1968 State Board of Education.
1969 Section 35. Repealer.
1970 This bill repeals:
1971 Section 20A-14-105, Becoming a candidate for membership on the State Board of
1972 Education -- Selection of candidates by the governor -- Ballot placement.
1973 Section 36. Effective date.
1974 This bill takes effect January 1, 2014.




Legislative Review Note
as of 12-17-12 1:41 PM

Office of Legislative Research and General Counsel

[Bill Documents]