1     
STATE SCHOOL BOARD MEMBERSHIP AND ELECTION

2     
AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Francis D. Gibson

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Election Code and Title 53A, State System of Public
11     Education, to change the membership of, and the process for election of members of,
12     the State Board of Education.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     repeals the nominating and recruiting committee, and related provisions, for
17     selecting candidates for the office of State Board of Education member;
18          ▸     provides that an individual may be placed on the ballot as a nonpartisan candidate
19     for the office of State Board of Education member by filing a declaration of
20     candidacy, obtaining signatures, and complying with other provisions described in
21     this bill;
22          ▸     describes the election process and related provisions for a State Board of Education
23     member;
24          ▸     removes the nonvoting members from the State Board of Education; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides revisor instructions.
30     Utah Code Sections Affected:
31     AMENDS:
32          20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
33          20A-6-301, as last amended by Laws of Utah 2014, Chapters 17 and 169
34          20A-6-302, as last amended by Laws of Utah 2014, Chapter 17
35          20A-6-303, as last amended by Laws of Utah 2014, Chapter 17
36          20A-6-304, as last amended by Laws of Utah 2014, Chapter 17
37          20A-9-201, as last amended by Laws of Utah 2014, Chapter 17
38          20A-9-202, as last amended by Laws of Utah 2014, Chapter 17
39          20A-9-403, as last amended by Laws of Utah 2014, Chapter 17
40          20A-9-407, as enacted by Laws of Utah 2014, Chapter 17
41          20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
42          20A-9-701, as last amended by Laws of Utah 2014, Chapter 17
43          20A-11-1005, as last amended by Laws of Utah 2013, Chapter 252
44          20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
45          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
46          53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
47     ENACTS:
48          20A-14-103.5, Utah Code Annotated 1953
49          20A-14-103.6, Utah Code Annotated 1953
50     REPEALS:
51          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
52          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
53     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
54     Utah Code Sections Affected by Revisor Instructions:
55          53A-1a-506, Utah Code Annotated 1953
56          53A-1a-506.5, Utah Code Annotated 1953
57          53A-2-119, Utah Code Annotated 1953
58          53A-3-101, as repealed and reenacted by Laws of Utah 1995, Chapter 1
59          53A-11-102.5, Utah Code Annotated 1953
60          53A-15-1202, Utah Code Annotated 1953
61     

62     Be it enacted by the Legislature of the state of Utah:
63          Section 1. Section 20A-1-507 is amended to read:
64          20A-1-507. Midterm vacancies in the State Board of Education.
65          (1) If a vacancy occurs on the State Board of Education for any reason other than the
66     expiration of a member's term, the governor, with the consent of the Senate, shall appoint an
67     individual to fill the vacancy [by appointment of a qualified member to serve out] for the
68     unexpired term.
69          (2) The lieutenant governor shall issue a certificate of appointment to the appointed
70     member and certify the appointment to the board.
71          Section 2. Section 20A-6-301 is amended to read:
72          20A-6-301. Paper ballots -- Regular general election.
73          (1) Each election officer shall ensure that:
74          (a) all paper ballots furnished for use at the regular general election contain:
75          (i) no captions or other endorsements except as provided in this section;
76          (ii) no symbols, markings, or other descriptions of a political party or group, except for
77     a registered political party that has chosen to nominate its candidates in accordance with
78     Section 20A-9-403; and
79          (iii) no indication that a candidate for elective office has been nominated by, or has
80     been endorsed by, or is in any way affiliated with a political party or group, unless the
81     candidate has been nominated by a registered political party in accordance with Subsection
82     20A-9-202[(4)](5) or Subsection 20A-9-403(5).
83          (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
84     top of the ballot, and divided from the rest of ballot by a perforated line;
85          (ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
86     stub; and
87          (iii) ballot stubs are numbered consecutively;
88          (c) immediately below the perforated ballot stub, the following endorsements are
89     printed in 18 point bold type:
90          (i) "Official Ballot for ____ County, Utah";
91          (ii) the date of the election; and
92          (iii) a facsimile of the signature of the county clerk and the words "county clerk";
93          (d) each ticket is placed in a separate column on the ballot in the order specified under
94     Section 20A-6-305 with the party emblem, followed by the party name, at the head of the
95     column;
96          (e) the party name or title is printed in capital letters not less than one-fourth of an inch
97     high;
98          (f) a circle one-half inch in diameter is printed immediately below the party name or
99     title, and the top of the circle is placed not less than two inches below the perforated line;
100          (g) unaffiliated candidates, candidates not affiliated with a registered political party,
101     and all other candidates for elective office who were not nominated by a registered political
102     party in accordance with Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5), are listed
103     in one column in the order specified under Section 20A-6-305, without a party circle, with the
104     following instructions printed at the head of the column: "All candidates not affiliated with a
105     political party are listed below. They are to be considered with all offices and candidates listed
106     to the left. Only one vote is allowed for each office.";
107          (h) the columns containing the lists of candidates, including the party name and device,
108     are separated by heavy parallel lines;
109          (i) the offices to be filled are plainly printed immediately above the names of the
110     candidates for those offices;
111          (j) the names of candidates are printed in capital letters, not less than one-eighth nor
112     more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
113     lines or rules three-eighths of an inch apart;
114          (k) a square with sides measuring not less than one-fourth of an inch in length is
115     printed immediately adjacent to the name of each candidate;
116          (l) for the offices of president and vice president and governor and lieutenant governor,
117     one square with sides measuring not less than one-fourth of an inch in length is printed on the
118     same side as but opposite a double bracket enclosing the names of the two candidates;
119          (m) in an election in which a voter is authorized to cast a write-in vote and where a
120     write-in candidate is qualified under Section 20A-9-601, immediately adjacent to the
121     unaffiliated ticket on the ballot, the ballot contains a write-in column long enough to contain as
122     many written names of candidates as there are persons to be elected with:
123          (i) for each office on the ballot, the office to be filled plainly printed immediately
124     above:
125          (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
126     square with sides measuring not less than one-fourth of an inch in length printed immediately
127     adjacent to the blank horizontal line; or
128          (B) for the offices of president and vice president and governor and lieutenant
129     governor, two blank horizontal lines, one placed above the other, to enable the entry of two
130     valid write-in candidates, and one square with sides measuring not less than one-fourth of an
131     inch in length printed on the same side as but opposite a double bracket enclosing the two
132     blank horizontal lines; and
133          (ii) the words "Write-In Voting Column" printed at the head of the column without a
134     one-half inch circle;
135          (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
136     to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the unaffiliated
137     ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule running
138     vertically the full length of the nonpartisan ballot copy; and
139          (o) constitutional amendments or other questions submitted to the vote of the people,
140     are printed on the ballot after the list of candidates.
141          (2) Each election officer shall ensure that:
142          (a) each person nominated by any registered political party under Subsection
143     20A-9-202[(4)](5) or Subsection 20A-9-403(5), and no other person, is placed on the ballot:
144          (i) under the registered political party's name and emblem, if any; or
145          (ii) under the title of the registered political party as designated by them in their
146     certificates of nomination or petition, or, if none is designated, then under some suitable title;
147          (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
148     Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
149          (c) the names of the candidates for president and vice president are used on the ballot
150     instead of the names of the presidential electors; and
151          (d) the ballots contain no other names.
152          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
153     that:
154          (a) the designation of the office to be filled in the election and the number of
155     candidates to be elected are printed in type not smaller than eight point;
156          (b) the words designating the office are printed flush with the left-hand margin;
157          (c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
158     which the voter may vote)" extend to the extreme right of the column;
159          (d) the nonpartisan candidates are grouped according to the office for which they are
160     candidates;
161          (e) the names in each group are placed in the order specified under Section 20A-6-305
162     with the surnames last; and
163          (f) each group is preceded by the designation of the office for which the candidates
164     seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
165     candidates for which the voter may vote)," according to the number to be elected.
166          (4) Each election officer shall ensure that:
167          (a) proposed amendments to the Utah Constitution are listed on the ballot in
168     accordance with Section 20A-6-107;
169          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
170     with Section 20A-6-107; and
171          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
172     title assigned to each bond proposition under Section 11-14-206.
173          Section 3. Section 20A-6-302 is amended to read:
174          20A-6-302. Paper ballots -- Placement of candidates' names.
175          (1) Each election officer shall ensure, for paper ballots in regular general elections,
176     that:
177          (a) each candidate is listed by party, if nominated by a registered political party under
178     Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5);
179          (b) candidates' surnames are listed in alphabetical order on the ballots when two or
180     more candidates' names are required to be listed on a ticket under the title of an office; and
181          (c) the names of candidates are placed on the ballot in the order specified under Section
182     20A-6-305.
183          (2) (a) When there is only one candidate for county attorney at the regular general
184     election in counties that have three or fewer registered voters of the county who are licensed
185     active members in good standing of the Utah State Bar, the county clerk shall cause that
186     candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
187     with the following question: "Shall (name of candidate) be elected to the office of county
188     attorney? Yes ____ No ____."
189          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
190     elected to the office of county attorney.
191          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
192     elected and may not take office, nor may the candidate continue in the office past the end of the
193     term resulting from any prior election or appointment.
194          (d) When the name of only one candidate for county attorney is printed on the ballot
195     under authority of this Subsection (2), the county clerk may not count any write-in votes
196     received for the office of county attorney.
197          (e) If no qualified person files for the office of county attorney or if the candidate is not
198     elected by the voters, the county legislative body shall appoint the county attorney as provided
199     in Section 20A-1-509.2.
200          (f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
201     the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
202     two consecutive terms immediately preceding the term for which the candidate is seeking
203     election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
204     unopposed candidate the same as any other unopposed candidate for another office, unless a
205     petition is filed with the county clerk before the date of that year's primary election that:
206          (i) requests the procedure set forth in Subsection (2)(a) to be followed; and
207          (ii) contains the signatures of registered voters in the county representing in number at
208     least 25% of all votes cast in the county for all candidates for governor at the last election at
209     which a governor was elected.
210          (3) (a) When there is only one candidate for district attorney at the regular general
211     election in a prosecution district that has three or fewer registered voters of the district who are
212     licensed active members in good standing of the Utah State Bar, the county clerk shall cause
213     that candidate's name and party affiliation, if any, to be placed on a separate section of the
214     ballot with the following question: "Shall (name of candidate) be elected to the office of district
215     attorney? Yes ____ No ____."
216          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
217     elected to the office of district attorney.
218          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
219     elected and may not take office, nor may the candidate continue in the office past the end of the
220     term resulting from any prior election or appointment.
221          (d) When the name of only one candidate for district attorney is printed on the ballot
222     under authority of this Subsection (3), the county clerk may not count any write-in votes
223     received for the office of district attorney.
224          (e) If no qualified person files for the office of district attorney, or if the only candidate
225     is not elected by the voters under this subsection, the county legislative body shall appoint a
226     new district attorney for a four-year term as provided in Section 20A-1-509.2.
227          (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
228     the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
229     two consecutive terms immediately preceding the term for which the candidate is seeking
230     election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
231     unopposed candidate the same as any other unopposed candidate for another office, unless a
232     petition is filed with the county clerk before the date of that year's primary election that:
233          (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
234          (ii) contains the signatures of registered voters in the county representing in number at
235     least 25% of all votes cast in the county for all candidates for governor at the last election at
236     which a governor was elected.
237          Section 4. Section 20A-6-303 is amended to read:
238          20A-6-303. Regular general election -- Ballot sheets.
239          (1) Each election officer shall ensure that:
240          (a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
241     approximately the same order as paper ballots;
242          (b) the titles of offices and the names of candidates are printed in vertical columns or in
243     a series of separate pages;
244          (c) the ballot sheet or any pages used for the ballot label are of sufficient number to
245     include, after the list of candidates:
246          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
247          (ii) any ballot propositions submitted to the voters for their approval or rejection;
248          (d) (i) a voting square or position is included where the voter may record a straight
249     party ticket vote for all the candidates of one party by one mark or punch; and
250          (ii) the name of each political party listed in the straight party selection area includes
251     the word "party" at the end of the party's name;
252          (e) the tickets are printed in the order specified under Section 20A-6-305;
253          (f) the office titles are printed immediately adjacent to the names of candidates so as to
254     indicate clearly the candidates for each office and the number to be elected;
255          (g) the party designation of each candidate who has been nominated by a registered
256     political party under Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5) is printed
257     immediately adjacent to the candidate's name; and
258          (h) (i) if possible, all candidates for one office are grouped in one column or upon one
259     page;
260          (ii) if all candidates for one office cannot be listed in one column or grouped on one
261     page:
262          (A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
263     candidates is continued on the following column or page; and
264          (B) approximately the same number of names shall be printed in each column or on
265     each page.
266          (2) Each election officer shall ensure that:
267          (a) proposed amendments to the Utah Constitution are listed in accordance with
268     Section 20A-6-107;
269          (b) ballot propositions submitted to the voters are listed in accordance with Section
270     20A-6-107; and
271          (c) bond propositions that have qualified for the ballot are listed under the title
272     assigned to each bond proposition under Section 11-14-206.
273          Section 5. Section 20A-6-304 is amended to read:
274          20A-6-304. Regular general election -- Electronic ballots.
275          (1) Each election officer shall ensure that:
276          (a) the format and content of the electronic ballot is arranged in approximately the
277     same order as paper ballots;
278          (b) the titles of offices and the names of candidates are displayed in vertical columns or
279     in a series of separate display screens;
280          (c) the electronic ballot is of sufficient length to include, after the list of candidates:
281          (i) the names of candidates for judicial offices and any other nonpartisan offices; and
282          (ii) any ballot propositions submitted to the voters for their approval or rejection;
283          (d) (i) a voting square or position is included where the voter may record a straight
284     party ticket vote for all the candidates of one party by making a single selection; and
285          (ii) the name of each political party listed in the straight party selection area includes
286     the word "party" at the end of the party's name;
287          (e) the tickets are displayed in the order specified under Section 20A-6-305;
288          (f) the office titles are displayed above or at the side of the names of candidates so as to
289     indicate clearly the candidates for each office and the number to be elected;
290          (g) the party designation of each candidate who has been nominated by a registered
291     political party under Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5) is displayed
292     adjacent to the candidate's name; and
293          (h) if possible, all candidates for one office are grouped in one column or upon one
294     display screen.
295          (2) Each election officer shall ensure that:
296          (a) proposed amendments to the Utah Constitution are displayed in accordance with
297     Section 20A-6-107;
298          (b) ballot propositions submitted to the voters are displayed in accordance with Section
299     20A-6-107; and
300          (c) bond propositions that have qualified for the ballot are displayed under the title
301     assigned to each bond proposition under Section 11-14-206.
302          Section 6. Section 20A-9-201 is amended to read:
303          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
304     more than one political party prohibited with exceptions -- General filing and form
305     requirements -- Affidavit of impecuniosity.
306          (1) Before filing a declaration of candidacy for election to any office, a person shall:
307          (a) be a United States citizen;
308          (b) meet the legal requirements of that office; and
309          (c) if seeking a registered political party's nomination as a candidate for elective office,
310     designate that registered political party as their preferred party affiliation on their declaration of
311     candidacy.
312          (2) (a) Except as provided in Subsection (2)(b), a person may not:
313          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
314     Utah during any election year; or
315          (ii) appear on the ballot as the candidate of more than one political party.
316          (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
317     or vice president of the United States and another office, if the person resigns the person's
318     candidacy for the other office after the person is officially nominated for president or vice
319     president of the United States.
320          (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
321     one justice court judge office.
322          (iii) A person may file a declaration of candidacy for lieutenant governor even if the
323     person filed a declaration of candidacy for another office in the same election year if the person
324     withdraws as a candidate for the other office in accordance with Subsection 20A-9-202[(6)](7)
325     before filing the declaration of candidacy for lieutenant governor.
326          (3) [(a) (i)] Except for presidential candidates, before the filing officer may accept any
327     declaration of candidacy, the filing officer shall:
328          [(A)] (a) read to the prospective candidate the constitutional and statutory qualification
329     requirements for the office that the candidate is seeking; and
330          [(B)] (b) require the candidate to state whether or not the candidate meets those
331     requirements.
332          [(ii)] (4) Before accepting a declaration of candidacy for the office of county attorney,
333     the county clerk shall ensure that the person filing that declaration of candidacy is:
334          [(A)] (a) a United States citizen;
335          [(B)] (b) an attorney licensed to practice law in Utah who is an active member in good
336     standing of the Utah State Bar;
337          [(C)] (c) a registered voter in the county in which the person is seeking office; and
338          [(D)] (d) a current resident of the county in which the person is seeking office and
339     either has been a resident of that county for at least one year or was appointed and is currently
340     serving as county attorney and became a resident of the county within 30 days after
341     appointment to the office.
342          [(iii)] (5) Before accepting a declaration of candidacy for the office of district attorney,
343     the county clerk shall ensure that, as of the date of the election, the person filing that
344     declaration of candidacy is:
345          [(A)] (a) a United States citizen;
346          [(B)] (b) an attorney licensed to practice law in Utah who is an active member in good
347     standing of the Utah State Bar;
348          [(C)] (c) a registered voter in the prosecution district in which the person is seeking
349     office; and
350          [(D)] (d) a current resident of the prosecution district in which the person is seeking
351     office and either will have been a resident of that prosecution district for at least one year as of
352     the date of the election or was appointed and is currently serving as district attorney and
353     became a resident of the prosecution district within 30 days after receiving appointment to the
354     office.
355          [(iv)] (6) Before accepting a declaration of candidacy for the office of county sheriff,
356     the county clerk shall ensure that the person filing the declaration of candidacy:
357          [(A)] (a) as of the date of filing:
358          [(I)] (i) is a United States citizen;
359          [(II)] (ii) is a registered voter in the county in which the person seeks office;
360          [(III) (Aa)] (iii) (A) has successfully met the standards and training requirements
361     established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
362     Training and Certification Act; or
363          [(Bb)] (B) has met the waiver requirements in Section 53-6-206; and
364          [(IV)] (iv) is qualified to be certified as a law enforcement officer, as defined in
365     Section 53-13-103; and
366          [(B)] (b) as of the date of the election, shall have been a resident of the county in which
367     the person seeks office for at least one year.
368          [(v)] (7) Before accepting a declaration of candidacy for the office of governor,
369     lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or State
370     Board of Education member, the filing officer shall ensure:
371          [(A)] (a) that the person filing the declaration of candidacy also files the financial
372     disclosure required by Section 20A-11-1603; and
373          [(B)] (b) if the filing officer is not the lieutenant governor, that the financial disclosure
374     is provided to the lieutenant governor according to the procedures and requirements of Section
375     20A-11-1603.
376          [(b)] (8) If the prospective candidate states that the qualification requirements for the
377     office are not met, the filing officer may not accept the prospective candidate's declaration of
378     candidacy.
379          [(c)] (9) If the candidate meets the requirements of [Subsection (3)(a)] Subsections (3)
380     through (7) and states that the requirements of candidacy are met, the filing officer shall:
381          [(i)] (a) inform the candidate that:
382          [(A)] (i) the candidate's name will appear on the ballot as it is written on the
383     declaration of candidacy;
384          [(B)] (ii) the candidate may be required to comply with state or local campaign finance
385     disclosure laws; and
386          [(C)] (iii) the candidate is required to file a financial statement before the candidate's
387     political convention under:
388          [(I)] (A) Section 20A-11-204 for a candidate for constitutional office;
389          [(II)] (B) Section 20A-11-303 for a candidate for the Legislature; or
390          [(III)] (C) local campaign finance disclosure laws, if applicable;
391          [(ii)] (b) except for a presidential candidate, provide the candidate with a copy of the
392     current campaign financial disclosure laws for the office the candidate is seeking and inform
393     the candidate that failure to comply will result in disqualification as a candidate and removal of
394     the candidate's name from the ballot;
395          [(iii)] (c) provide the candidate with a copy of Section 20A-7-801 regarding the
396     Statewide Electronic Voter Information Website Program and inform the candidate of the
397     submission deadline under Subsection 20A-7-801(4)(a);
398          [(iv)] (d) provide the candidate with a copy of the pledge of fair campaign practices
399     described under Section 20A-9-206 and inform the candidate that:
400          [(A)] (i) signing the pledge is voluntary; and
401          [(B)] (ii) signed pledges shall be filed with the filing officer;
402          [(v)] (e) accept the candidate's declaration of candidacy; and
403          [(vi)] (f) if the candidate has filed for a partisan office, provide a certified copy of the
404     declaration of candidacy to the chair of the county or state political party of which the
405     candidate is a member.
406          [(d)] (10) If the candidate elects to sign the pledge of fair campaign practices, the filing
407     officer shall:
408          [(i)] (a) accept the candidate's pledge; and
409          [(ii)] (b) if the candidate has filed for a partisan office, provide a certified copy of the
410     candidate's pledge to the chair of the county or state political party of which the candidate is a
411     member.
412          [(4)] (11) (a) Except for presidential candidates[, the form of] and candidates for a
413     nonpartisan office, the lieutenant governor shall create a form for the declaration of candidacy
414     [shall be] to read substantially as follows:
415          "State of Utah, County of ____
416               I, ______________, declare my candidacy for the office of ____, seeking the
417     nomination of the ____ party, which is my preferred political party affiliation. I do
418     solemnly swear that: I will meet the qualifications to hold the office, both legally and
419     constitutionally, if selected; I reside at _____________ in the City or Town of ____,
420     Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
421     campaigns and elections; I will file all campaign financial disclosure reports as required
422     by law; and I understand that failure to do so will result in my disqualification as a
423     candidate for this office and removal of my name from the ballot. The mailing address
424     that I designate for receiving official election notices is
425     ___________________________.
426     ____________________________________________________________________
427          Subscribed and sworn before me this __________(month\day\year).
428     
Notary Public (or other officer qualified to administer oath.)"

429          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
430     may not sign the form described in Subsection [(4)] (11)(a).
431          (12) (a) The lieutenant governor shall create a form for the declaration of candidacy for
432     a nonpartisan office to read substantially as follows:
433          "State of Utah, County of ____
434               I, ______________, declare my candidacy for the office of ____. I do solemnly
435     swear that: I will meet the qualifications to hold the office, both legally and
436     constitutionally, if selected; I reside at _____________ in the City or Town of ____,
437     Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
438     campaigns and elections; I will file all campaign financial disclosure reports as required
439     by law; and I understand that failure to do so will result in my disqualification as a
440     candidate for this office and removal of my name from the ballot. The mailing address
441     that I designate for receiving official election notices is
442     ___________________________.
443     ______________________________________________________________________
444     Subscribed and sworn before me this __________(month\day\year).
445     Notary Public (or other officer qualified to administer oath.)"
446          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
447     may not sign the form described in Subsection (12)(a).
448          [(5)] (13) (a) Except for presidential candidates, the fee for filing a declaration of
449     candidacy is:
450          (i) $50 for candidates for the local school district board; and
451          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
452     person holding the office for all other federal, state, and county offices.
453          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
454     any candidate:
455          (i) who is disqualified; or
456          (ii) who the filing officer determines has filed improperly.
457          [(c) (i)] (14) (a) The county clerk shall immediately pay to the county treasurer all fees
458     received from candidates.
459          [(ii)] (b) The lieutenant governor shall:
460          [(A)] (i) apportion to and pay to the county treasurers of the various counties all fees
461     received for filing of nomination certificates or acceptances; and
462          [(B)] (ii) ensure that each county receives that proportion of the total amount paid to
463     the lieutenant governor from the congressional district that the total vote of that county for all
464     candidates for representative in Congress bears to the total vote of all counties within the
465     congressional district for all candidates for representative in Congress.
466          [(d) (i)] (15) (a) A person who is unable to pay the filing fee may file a declaration of
467     candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as
468     evidenced by an affidavit of impecuniosity filed with the filing officer and, if requested by the
469     filing officer, a financial statement filed at the time the affidavit is submitted.
470          [(ii)] (b) A person who is able to pay the filing fee may not claim impecuniosity.
471          [(iii) (A)] (c) False statements made on an affidavit of impecuniosity or a financial
472     statement filed under this section shall be subject to the criminal penalties provided under
473     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
474          [(B)] (d) Conviction of a criminal offense under Subsection [(5)(d)(iii)(A)] (15)(c)
475     shall be considered an offense under this title for the purposes of assessing the penalties
476     provided in Subsection 20A-1-609(2).
477          [(iv)] (e) The filing officer shall ensure that the affidavit of impecuniosity is printed in
478     substantially the following form:
479          "Affidavit of Impecuniosity
480     Individual Name
481     ____________________________Address_____________________________
482     Phone Number _________________
483     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
484     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
485     law.
486     Date ______________ Signature________________________________________________
487     Affiant
488     Subscribed and sworn to before me on ___________ (month\day\year)
489     
______________________

490     
(signature)

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

492          [(v)] (f) The filing officer shall provide to a person who requests an affidavit of
493     impecuniosity a statement printed in substantially the following form, which may be included
494     on the affidavit of impecuniosity:
495          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
496     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
497     penalties, will be removed from the ballot."
498          [(vi)] (g) The filing officer may request that a person who makes a claim of
499     impecuniosity under this Subsection [(5)(d)] (15) file a financial statement on a form prepared
500     by the election official.
501          [(6)] (16) (a) If there is no legislative appropriation for the Western States Presidential
502     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
503     president of the United States who is affiliated with a registered political party and chooses to
504     participate in the regular primary election shall:
505          (i) file a declaration of candidacy, in person or via a designated agent, with the
506     lieutenant governor:
507          (A) on a form developed and provided by the lieutenant governor; and
508          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
509     March before the next regular primary election;
510          (ii) identify the registered political party whose nomination the candidate is seeking;
511          (iii) provide a letter from the registered political party certifying that the candidate may
512     participate as a candidate for that party in that party's presidential primary election; and
513          (iv) pay the filing fee of $500.
514          (b) An agent designated to file a declaration of candidacy may not sign the form
515     described in Subsection [(6)] (16)(a)(i)(A).
516          [(7)] (17) Any person who fails to file a declaration of candidacy or certificate of
517     nomination within the time provided in this chapter is ineligible for nomination to office.
518          [(8) A] (18) Except as provided in Subsection 20A-9-202(5)(c) or 20A-14-103.5(4)(c),
519     a person may not amend or modify a declaration of candidacy filed under this section [may not
520     be amended or modified] after the final date established for filing a declaration of candidacy.
521          Section 7. Section 20A-9-202 is amended to read:
522          20A-9-202. Declarations of candidacy for regular general elections.
523          (1) [(a) Each person seeking] An individual who desires to become a candidate for an
524     elective office, other than a State Board of Education office, that is to be filled at the next
525     regular general election shall:
526          [(i)] (a) file a declaration of candidacy in person with the filing officer:
527          (i) on or after January 1 of the regular general election year[,] and before the candidate
528     circulates a nomination [petitions] petition under Section 20A-9-405; and
529          (ii) in accordance with the requirements of Section 20A-9-201; and
530          [(ii)] (b) pay the filing fee.
531          [(b)] (2) (a) Each county clerk who receives a declaration of candidacy from a
532     candidate for multicounty office shall transmit the filing fee and a copy of the candidate's
533     declaration of candidacy to the lieutenant governor within one working day after [it is filed] the
534     day on which the candidate files the declaration of candidacy.
535          [(c)] (b) Each day during the filing period, each county clerk shall notify the lieutenant
536     governor electronically or by telephone of candidates who have filed [in their] a declaration of
537     candidacy in the county clerk's office.
538          [(d) Each person seeking] (c) An individual who desires to become a candidate for the
539     office of lieutenant governor, the office of district attorney, or the office of president or vice
540     president of the United States shall comply with the specific declaration of candidacy
541     requirements [established by] described in this section.
542          [(2)] (3) (a) [Each person intending] An individual who desires to become a candidate
543     for the office of district attorney within a multicounty prosecution district that is to be filled at
544     the next regular general election shall:
545          (i) [file a declaration of candidacy with the clerk designated in the interlocal agreement
546     creating the prosecution district] on or after January 1 of the regular general election year, and
547     before the candidate circulates nomination petitions under Section 20A-9-405, file a
548     declaration of candidacy with the clerk designated in the interlocal agreement creating the
549     prosecution district; and
550          (ii) pay the filing fee.
551          (b) The designated clerk shall provide to the county clerk of each county in the
552     prosecution district a certified copy of each declaration of candidacy filed for the office of
553     district attorney.
554          [(3)] (4) (a) On or before 5 p.m. on the first Monday after the third Saturday in April,
555     each lieutenant governor candidate shall:
556          (i) file a declaration of candidacy with the lieutenant governor;
557          (ii) pay the filing fee; and
558          (iii) submit a letter from a candidate for governor who has received certification for the
559     primary-election ballot under Section 20A-9-403 that names the lieutenant governor candidate
560     as a joint-ticket running mate.
561          (b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
562     lieutenant governor is disqualified, another candidate shall file to replace the disqualified
563     candidate.
564          [(4)] (5) Each registered political party shall:
565          (a) certify the names of [its] the registered political party's candidates for president and
566     vice president of the United States to the lieutenant governor no later than August 31; or
567          (b) provide written authorization for the lieutenant governor to accept the certification
568     of candidates for president and vice president of the United States from the national office of
569     the registered political party.
570          [(5)] (6) (a) A declaration of candidacy filed under this section is valid unless an
571     individual files a written objection [is filed] with the clerk or lieutenant governor within five
572     days after the [last day for filing] day of the deadline for filing a declaration of candidacy.
573          (b) If an [objection is made] individual files an objection, the clerk or lieutenant
574     governor shall:
575          (i) immediately mail or personally deliver notice of the objection to the affected
576     candidate [immediately]; and
577          (ii) decide any objection within 48 hours after [it] the objection is filed.
578          (c) If the clerk or lieutenant governor sustains the objection, the candidate may, if
579     possible, cure the problem by amending the declaration or nomination petition, or by filing a
580     new declaration, within three days after the day on which the objection is sustained [or by filing
581     a new declaration within three days after the objection is sustained].
582          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
583          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
584     by a district court if prompt application is made to the court.
585          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
586     of [its] discretion, agrees to review the lower court decision.
587          [(6)] (7) [Any person who filed a declaration of candidacy] A candidate may withdraw
588     as a candidate by filing a written affidavit with the clerk.
589          [(7) Except as provided in Subsection 20A-9-201(4)(b), notwithstanding a requirement
590     in this section to file a declaration of candidacy in person, a person]
591          (8) Subject to Subsection 20A-9-201(11)(b), an individual may designate an agent to
592     file the form described in Subsection 20A-9-201[(4)](11) in person with the filing officer if:
593          (a) the [person] individual is located outside the state during the filing period because:
594          (i) of employment with the state or the United States; or
595          (ii) the [person] individual is a member of:
596          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
597     Coast Guard of the United States [who], and is on active duty;
598          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
599     commissioned corps of the National Oceanic and Atmospheric Administration of the United
600     States; or
601          (C) the National Guard and is on activated status;
602          (b) the [person] individual communicates with the filing officer using an electronic
603     device that allows the [person] individual and filing officer to see and hear each other; and
604          (c) the [person] individual provides the filing officer with an email address to which
605     the filing officer may send the copies described in Subsection 20A-9-201[(3)](9).
606          Section 8. Section 20A-9-403 is amended to read:
607          20A-9-403. Regular primary elections.
608          (1) (a) Candidates for elective office that are to be filled at the next regular general
609     election shall be nominated in a regular primary election by direct vote of the people in the
610     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
611     designated as regular primary election day. Nothing in this section shall affect a candidate's
612     ability to qualify for a regular general election's ballot as an unaffiliated candidate under
613     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
614     Section 20A-9-601.
615          (b) Each registered political party that chooses to have the names of its candidates for
616     elective office featured with party affiliation on the ballot at a regular general election shall
617     comply with the requirements of this section and shall nominate its candidates for elective
618     office in the manner prescribed in this section.
619          (c) A filing officer may not permit an official ballot at a regular general election to be
620     produced or used if the ballot denotes affiliation between a registered political party or any
621     other political group and a candidate for elective office who was not nominated in the manner
622     prescribed in this section or in Subsection 20A-9-202[(4)](5).
623          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
624     even-numbered year in which a regular general election will be held.
625          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
626     shall:
627          (i) either declare their intent to participate in the next regular primary election or
628     declare that the registered political party chooses not to have the names of its candidates for
629     elective office featured on the ballot at the next regular general election;
630          (ii) if the registered political party participates in the upcoming regular primary
631     election, identify one or more registered political parties whose members may vote for the
632     registered political party's candidates and whether or not persons identified as unaffiliated with
633     a political party may vote for the registered political party's candidates; and
634          (iii) if the registered political party participates in the upcoming regular primary
635     election, indicate whether it chooses to nominate unopposed candidates without their name
636     appearing on the ballot, as described under Subsection (5)(c).
637          (b) A registered political party that is a continuing political party must file the
638     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
639     November 15 of each odd-numbered year. An organization that is seeking to become a
640     registered political party under Section 20A-8-103 must file the statement described in
641     Subsection (2)(b) no later than 5 p.m. on February 15.
642          (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
643     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
644     office on the regular primary ballot of the registered political party listed on the declaration of
645     candidacy only if the person is certified by the appropriate filing officer as having submitted a
646     set of nomination petitions that was:
647          (i) circulated and completed in accordance with Section 20A-9-405; and
648          (ii) signed by at least two percent of the registered political party's members who reside
649     in the political division of the office that the person seeks.
650          (b) A candidate for elective office shall submit nomination petitions to the appropriate
651     filing officer for verification and certification no later than 5 p.m. on the final day in March.
652     Candidates may supplement their submissions at any time on or before the filing deadline.
653          (c) The lieutenant governor shall determine for each elective office the total number of
654     signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
655     of persons residing in each elective office's political division who have designated a particular
656     registered political party on their voter registration forms as of November 1 of each
657     odd-numbered year. The lieutenant governor shall publish this determination for each elective
658     office no later than November 15 of each odd-numbered year.
659          (d) The filing officer shall:
660          (i) verify signatures on nomination petitions in a transparent and orderly manner;
661          (ii) for all qualifying candidates for elective office who submitted nomination petitions
662     to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
663     the first Monday after the third Saturday in April;
664          (iii) consider active and inactive voters eligible to sign nomination petitions;
665          (iv) consider a person who signs a nomination petition a member of a registered
666     political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
667     political party as their preferred party affiliation on their voter registration form prior to 5 p.m.
668     on the final day in March; and
669          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
670     petition signatures, or use statistical sampling procedures to verify submitted nomination
671     petition signatures pursuant to rules issued by the lieutenant governor under Subsection (3)(f).
672          (e) Notwithstanding any other provision in Subsection (3), a candidate for lieutenant
673     governor may appear on the regular primary ballot of a registered political party without
674     submitting nomination petitions if the candidate files a declaration of candidacy and complies
675     with Subsection 20A-9-202[(3)](4).
676          (f) The lieutenant governor shall issue rules that provide for the use of statistical
677     sampling procedures for filing officers to verify signatures under Subsection (3)(d). The
678     statistical sampling procedures shall reflect a bona fide effort to determine the validity of a
679     candidate's entire submission, using widely recognized statistical sampling techniques. The
680     lieutenant governor may also issue supplemental rules and guidance that provide for the
681     transparent, orderly, and timely submission, verification, and certification of nomination
682     petition signatures.
683          (g) The county clerk shall:
684          (i) review the declarations of candidacy filed by candidates for local boards of
685     education to determine if more than two candidates have filed for the same seat;
686          (ii) place the names of all candidates who have filed a declaration of candidacy for a
687     local board of education seat on the nonpartisan section of the ballot if more than two
688     candidates have filed for the same seat; and
689          (iii) determine the order of the local board of education candidates' names on the ballot
690     in accordance with Section 20A-6-305.
691          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
692     governor shall provide to the county clerks:
693          (i) a list of the names of all candidates for federal, constitutional, multi-county, and
694     county offices who have received certifications under Subsection (3), along with instructions
695     on how those names shall appear on the primary-election ballot in accordance with Section
696     20A-6-305; and
697          (ii) a list of unopposed candidates for elective office who have been nominated by a
698     registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
699     candidates from the primary-election ballot.
700          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
701     joint-ticket running mates shall appear jointly on the primary-election ballot.
702          (c) After the county clerk receives the certified list from the lieutenant governor under
703     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
704     substantially the following form:
705          "Notice is given that a primary election will be held Tuesday, June ____,
706     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
707     local school board positions listed on the primary ballot. The polling place for voting precinct
708     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
709     Attest: county clerk."
710          (5) (a) Candidates, other than presidential candidates, receiving the highest number of
711     votes cast for each office at the regular primary election are nominated by their registered
712     political party for that office or are nominated as a candidate for a nonpartisan local school
713     board position.
714          (b) If two or more candidates, other than presidential candidates, are to be elected to
715     the office at the regular general election, those party candidates equal in number to positions to
716     be filled who receive the highest number of votes at the regular primary election are the
717     nominees of their party for those positions.
718          (c) A candidate who is unopposed for an elective office in the regular primary election
719     of a registered political party is nominated by the party for that office without appearing on the
720     primary ballot, provided that the party has chosen to nominate unopposed candidates under
721     Subsection (2)(a)(iii). A candidate is "unopposed" if no person other than the candidate has
722     received a certification under Subsection (3) for the regular primary election ballot of the
723     candidate's registered political party for a particular elective office.
724          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
725     office that represents more than one county, the governor, lieutenant governor, and attorney
726     general shall, at a public meeting called by the governor and in the presence of the candidates
727     involved, select the nominee by lot cast in whatever manner the governor determines.
728          (b) When a tie vote occurs in any primary election for any county office, the district
729     court judges of the district in which the county is located shall, at a public meeting called by
730     the judges and in the presence of the candidates involved, select the nominee by lot cast in
731     whatever manner the judges determine.
732          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
733     primary election provided for by this section, and all expenses necessarily incurred in the
734     preparation for or the conduct of that primary election shall be paid out of the treasury of the
735     county or state, in the same manner as for the regular general elections.
736          Section 9. Section 20A-9-407 is amended to read:
737          20A-9-407. Convention nomination process for qualified political party.
738          (1) This section describes the requirements for a member of a qualified political party
739     who is seeking the nomination of a qualified political party for an elective office through the
740     qualified political party's convention nomination process.
741          (2) Notwithstanding Subsection 20A-9-201[(4)](11)(a), the form of the declaration of
742     candidacy for a member of a qualified political party who is nominated by, or who is seeking
743     the nomination of, the qualified political party under this section shall be substantially as
744     follows:
745          "State of Utah, County of ____
746          I, ______________, declare my intention of becoming a candidate for the office of
747     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
748     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
749     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
750     any law governing campaigns and elections; I will file all campaign financial disclosure reports
751     as required by law; and I understand that failure to do so will result in my disqualification as a
752     candidate for this office and removal of my name from the ballot. The mailing address that I
753     designate for receiving official election notices is
754     ___________________________________________________________________________
755     ___________________________________________________________________________.
756          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
757     other officer qualified to administer oath)."
758          (3) Notwithstanding Subsection 20A-9-202(1)[(a)], and except as provided in
759     Subsection 20A-9-202[(4)](5), a member of a qualified political party who, under this section,
760     is seeking the nomination of the qualified political party for an elective office that is to be filled
761     at the next general election, shall:
762          (a) file a declaration of candidacy in person with the filing officer on or after the
763     second Friday in March and before 5 p.m. on the third Thursday in March before the next
764     regular general election; and
765          (b) pay the filing fee.
766          (4) Notwithstanding Subsection 20A-9-202[(2)](3)(a), a member of a qualified
767     political party who, under this section, is seeking the nomination of the qualified political party
768     for the office of district attorney within a multicounty prosecution district that is to be filled at
769     the next general election shall:
770          (a) file a declaration of candidacy with the county clerk designated in the interlocal
771     agreement creating the prosecution district on or after the second Friday in March and before 5
772     p.m. on the third Thursday in March before the next regular general election; and
773          (b) pay the filing fee.
774          (5) Notwithstanding Subsection 20A-9-202[(3)](4)(a)(iii), a lieutenant governor
775     candidate who files as the joint-ticket running mate of an individual who is nominated by a
776     qualified political party, under this section, for the office of governor shall submit a letter from
777     the candidate for governor that names the lieutenant governor candidate as a joint-ticket
778     running mate.
779          (6) The lieutenant governor shall ensure that the certification described in Subsection
780     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
781     under this section.
782          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
783     is nominated by a qualified political party under this section, designate the qualified political
784     party that nominated the candidate.
785          Section 10. Section 20A-9-408 is amended to read:
786          20A-9-408. Signature-gathering nomination process for qualified political party.
787          (1) This section describes the requirements for a member of a qualified political party
788     who is seeking the nomination of the qualified political party for an elective office through the
789     signature-gathering nomination process described in this section.
790          (2) Notwithstanding Subsection 20A-9-201[(4)](11)(a), the form of the declaration of
791     candidacy for a member of a qualified political party who is nominated by, or who is seeking
792     the nomination of, the qualified political party under this section shall be substantially as
793     follows:
794          "State of Utah, County of ____
795          I, ______________, declare my intention of becoming a candidate for the office of
796     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
797     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
798     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
799     any law governing campaigns and elections; I will file all campaign financial disclosure reports
800     as required by law; and I understand that failure to do so will result in my disqualification as a
801     candidate for this office and removal of my name from the ballot. The mailing address that I
802     designate for receiving official election notices is
803     ___________________________________________________________________________
804     ___________________________________________________________________________.
805          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
806     other officer qualified to administer oath)."
807          (3) Notwithstanding Subsection 20A-9-202(1)[(a)], and except as provided in
808     Subsection 20A-9-202[(4)](5), a member of a qualified political party who, under this section,
809     is seeking the nomination of the qualified political party for an elective office that is to be filled
810     at the next general election shall:
811          (a) within the period beginning on January 1 before the next regular general election
812     and ending on the third Thursday in March of the same year, and before gathering signatures
813     under this section, file with the filing officer on a form approved by the lieutenant governor a
814     notice of intent to gather signatures for candidacy that includes:
815          (i) the name of the member who will attempt to become a candidate for a registered
816     political party under this section;
817          (ii) the name of the registered political party for which the member is seeking
818     nomination;
819          (iii) the office for which the member is seeking to become a candidate;
820          (iv) the address and telephone number of the member; and
821          (v) other information required by the lieutenant governor;
822          (b) file a declaration of candidacy, in person, with the filing officer on or after the
823     second Friday in March and before 5 p.m. on the third Thursday in March before the next
824     regular general election; and
825          (c) pay the filing fee.
826          (4) Notwithstanding Subsection 20A-9-202[(2)](3)(a), a member of a qualified
827     political party who, under this section, is seeking the nomination of the qualified political party
828     for the office of district attorney within a multicounty prosecution district that is to be filled at
829     the next general election shall:
830          (a) on or after January 1 before the next regular general election, and before gathering
831     signatures under this section, file with the filing officer on a form approved by the lieutenant
832     governor a notice of intent to gather signatures for candidacy that includes:
833          (i) the name of the member who will attempt to become a candidate for a registered
834     political party under this section;
835          (ii) the name of the registered political party for which the member is seeking
836     nomination;
837          (iii) the office for which the member is seeking to become a candidate;
838          (iv) the address and telephone number of the member; and
839          (v) other information required by the lieutenant governor;
840          (b) file a declaration of candidacy, in person, with the filing officer on or after the
841     second Friday in March and before 5 p.m. on the third Thursday in March before the next
842     regular general election; and
843          (c) pay the filing fee.
844          (5) Notwithstanding Subsection 20A-9-202[(3)](4)(a)(iii), a lieutenant governor
845     candidate who files as the joint-ticket running mate of an individual who is nominated by a
846     qualified political party, under this section, for the office of governor shall submit a letter from
847     the candidate for governor that names the lieutenant governor candidate as a joint-ticket
848     running mate.
849          (6) The lieutenant governor shall ensure that the certification described in Subsection
850     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
851     under this section.
852          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
853     is nominated by a qualified political party under this section, designate the qualified political
854     party that nominated the candidate.
855          (8) A member of a qualified political party may seek the nomination of the qualified
856     political party for an elective office by:
857          (a) complying with the requirements described in this section; and
858          (b) collecting signatures, on a form approved by the lieutenant governor's office, during
859     the period beginning on January 1 of an even-numbered year and ending 14 days before the day
860     on which the qualified political party's convention for the office is held, in the following
861     amounts:
862          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
863     permitted by the qualified political party to vote for the qualified political party's candidates in
864     a primary election;
865          (ii) for a congressional district race, 7,000 signatures of registered voters who are
866     residents of the congressional district and are permitted by the qualified political party to vote
867     for the qualified political party's candidates in a primary election;
868          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
869     residents of the state Senate district and are permitted by the qualified political party to vote for
870     the qualified political party's candidates in a primary election;
871          (iv) for a state House district race, 1,000 signatures of registered voters who are
872     residents of the state House district and are permitted by the qualified political party to vote for
873     the qualified political party's candidates in a primary election; and
874          (v) for a county office race, signatures of 3% of the registered voters who are residents
875     of the area permitted to vote for the county office and are permitted by the qualified political
876     party to vote for the qualified political party's candidates in a primary election.
877          (9) (a) In order for a member of the qualified political party to qualify as a candidate
878     for the qualified political party's nomination for an elective office under this section, the
879     member shall:
880          (i) collect the signatures on a form approved by the lieutenant governor's office, using
881     the same circulation and verification requirements described in Sections 20A-7-304 and
882     20A-7-305; and
883          (ii) submit the signatures to the election officer no later than 14 days before the day on
884     which the qualified political party holds its convention to select candidates, for the elective
885     office, for the qualified political party's nomination.
886          (b) An individual may not gather signatures under this section until after the individual
887     files a notice of intent to gather signatures for candidacy described in this section.
888          (c) An individual who files a notice of intent to gather signatures for candidacy,
889     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
890     the notice of intent to gather signatures for candidacy:
891          (i) required to comply with the reporting requirements that a candidate for office is
892     required to comply with; and
893          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
894     apply to a candidate for office in relation to the reporting requirements described in Subsection
895     (9)(c)(i).
896          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
897     election officer shall, no later than one day before the day on which the qualified political party
898     holds the convention to select a nominee for the elective office to which the signature packets
899     relate:
900          (i) check the name of each individual who completes the verification for a signature
901     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
902          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
903     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
904          (iii) determine whether each signer is a registered voter who is qualified to sign the
905     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
906     on a petition;
907          (iv) certify whether each name is that of a registered voter who is qualified to sign the
908     signature packet; and
909          (v) notify the qualified political party and the lieutenant governor of the name of each
910     member of the qualified political party who qualifies as a nominee of the qualified political
911     party, under this section, for the elective office to which the convention relates.
912          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
913     this section, the lieutenant governor shall post the notice of intent to gather signatures for
914     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
915     posts a declaration of candidacy.
916          Section 11. Section 20A-9-701 is amended to read:
917          20A-9-701. Certification of party candidates to county clerks -- Display on ballot.
918          (1) No later than August 31 of each regular general election year, the lieutenant
919     governor shall certify to each county clerk the names of each candidate nominated under
920     Subsection 20A-9-202[(4)](5) or Subsection 20A-9-403(5) for offices to be voted upon at the
921     regular general election in that county clerk's county.
922          (2) The names shall be certified by the lieutenant governor and shall be displayed on
923     the ballot as they are provided on the candidate's declaration of candidacy. No other names
924     may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
925     political party, political party, or other political group.
926          Section 12. Section 20A-11-1005 is amended to read:
927          20A-11-1005. Fines for failing to file a financial statement.
928          (1) Except as provided in Subsections 20A-11-512(1)(b) and (4), the chief election
929     officer shall fine a filing entity $100 for failing to file a financial statement by the filing
930     deadline.
931          (2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a
932     manner similar to Subsection 20A-9-201[(5)(d)](15), the chief election officer shall impose the
933     fine against the candidate or treasurer, as appropriate.
934          (3) The chief election officer shall deposit fines collected under this chapter in the
935     General Fund.
936          Section 13. Section 20A-14-101.1 is amended to read:
937     
CHAPTER 14. ELECTION OF STATE AND LOCAL SCHOOL BOARDS

938          20A-14-101.1. Title -- Definitions.
939          (1) This chapter is known as "Election of State and Local School Boards."
940          (2) As used in this part:
941          [(1)] (a) "Board" means the State Board of Education.
942          [(2)] (b) "Board block assignment file" means the electronic file that assigns each of
943     Utah's 115, 406 census blocks to a particular State Board of Education district.
944          [(3)] (c) "Board shapefile" means the electronic shapefile that stores the boundary of
945     each of the 15 State Board of Education districts.
946          [(4)] (d) "Census block" means any one of the 115, 406 individual geographic areas
947     into which the Bureau of the Census of the United States Department of Commerce has divided
948     the state of Utah, to each of which the Bureau of the Census has attached a discrete population
949     tabulation from the 2010 decennial census.
950          [(5)] (e) "Shapefile" means the digital vector storage format for storing geometric
951     location and associated attribute information.
952          Section 14. Section 20A-14-103 is amended to read:
953          20A-14-103. State Board of Education members -- When elected -- Qualifications
954     -- Avoiding conflicts of interest.
955          (1) (a) Unless otherwise provided by law, each State Board of Education member
956     elected from a State Board of Education District at the 2010 general election shall:
957          (i) serve out the term of office for which that member was elected; and
958          (ii) represent the realigned district if the member resides in that district.
959          (b) At the general election to be held in 2012, a State Board of Education member
960     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
961     to serve a term of office of four years.
962          (c) In order to ensure that the terms of approximately half of the State Board of
963     Education members expire every two years:
964          (i) at the general election to be held in 2012, the State Board of Education member
965     elected from State Board of Education District 1 shall be elected to serve a term of office of
966     two years; and
967          (ii) at the general election to be held in 2014, the State Board of Education member
968     elected from State Board of Education District 1 shall be elected to serve a term of office of
969     four years.
970          (2) (a) A person seeking election to the State Board of Education shall have been a
971     resident of the State Board of Education district in which the person is seeking election for at
972     least one year as of the date of the election.
973          (b) A person who has resided within the State Board of Education district, as the
974     boundaries of the district exist on the date of the election, for one year immediately preceding
975     the date of the election shall be considered to have met the requirements of this Subsection (2).
976          (3) A State Board of Education member shall:
977          (a) be and remain a registered voter in the State Board of Education district from which
978     the member was elected or appointed; and
979          (b) maintain the member's primary residence within the State Board of Education
980     district from which the member was elected or appointed during the member's term of office.
981          (4) A State Board of Education member may not, during the member's term of office,
982     also serve as an employee of:
983          (a) the State Board of Education;
984          (b) the Utah State Office of Education; or
985          (c) the Utah State Office of Rehabilitation.
986          (5) The provisions of Section 20A-9-403 do not apply to the election of a State Board
987     of Education member. The election of a State Board of Education member is governed by this
988     chapter.
989          Section 15. Section 20A-14-103.5 is enacted to read:
990          20A-14-103.5. State Board of Education -- Candidacy.
991          (1) The office of State Board of Education member is a nonpartisan office.
992          (2) An individual who desires to be a candidate for the office of State Board of
993     Education member shall:
994          (a) file a declaration of candidacy in person with the filing officer:
995          (i) on or after January 1 of the regular general election year and before the individual
996     circulates a nomination petition described in Section 20A-14-103.6; and
997          (ii) in accordance with the procedures and requirements of Section 20A-9-201; and
998          (b) pay the filing fee.
999          (3) (a) Each county clerk who receives a declaration of candidacy described in this
1000     section from a candidate for multicounty office shall transmit the filing fee and a copy of the
1001     candidate's declaration of candidacy to the lieutenant governor within one working day after the
1002     day on which the candidate files the declaration of candidacy.
1003          (b) Each day during the filing period, each county clerk shall notify the lieutenant
1004     governor electronically or by telephone of candidates who have filed a declaration of candidacy
1005     described in this section in the county clerk's office.
1006          (4) (a) A declaration of candidacy filed under this section is valid unless an individual
1007     files a written objection with the clerk or lieutenant governor within five days after the day of
1008     the deadline for filing a declaration of candidacy.
1009          (b) If an individual files an objection, the clerk or lieutenant governor shall:
1010          (i) immediately mail or personally deliver notice of the objection to the affected
1011     candidate; and
1012          (ii) decide any objection within 48 hours after the objection is filed.
1013          (c) If the clerk or lieutenant governor sustains the objection, the candidate may, if
1014     possible, cure the problem by amending the declaration or nomination petition, or by filing a
1015     new declaration, within three days after the day on which the objection is sustained.
1016          (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
1017          (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
1018     by a district court if prompt application is made to the court.
1019          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1020     of discretion, agrees to review the lower court decision.
1021          (5) A candidate may withdraw as a candidate by filing a written affidavit with the
1022     clerk.
1023          (6) Notwithstanding Subsection (2)(a), and subject to Subsection 20A-9-201(12)(b), an
1024     individual may designate an agent to file the form described in Subsection 20A-9-201(12) in
1025     person with the filing officer if:
1026          (a) the individual is located outside the state during the filing period because:
1027          (i) of employment with the state or the United States; or
1028          (ii) the individual is a member of:
1029          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1030     Coast Guard of the United States, and is on active duty;
1031          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1032     commissioned corps of the National Oceanic and Atmospheric Administration of the United
1033     States; or
1034          (C) the National Guard and is on activated status;
1035          (b) the individual communicates with the filing officer using an electronic device that
1036     allows the individual and the filing officer to see and hear each other; and
1037          (c) the individual provides the filing officer with an email address to which the filing
1038     officer may send the copies described in Subsection 20A-9-201(9).
1039          Section 16. Section 20A-14-103.6 is enacted to read:
1040          20A-14-103.6. Signature-gathering process for State Board of Education --
1041     Verification of signatures -- Placement on ballot.
1042          (1) A candidate who is seeking placement on the ballot for the office of member of the
1043     State Board of Education shall, after complying with the requirements of Subsection
1044     20A-14-103.5(2):
1045          (a) during the period beginning on January 1 of an even-numbered year and ending at 5
1046     p.m. on the second Friday in April, collect signatures of at least 2,000 registered voters who
1047     reside in the same State Board of Education district as the candidate, including, from each
1048     school district within that State Board of Education district, at least 300 signatures from
1049     registered voters who reside in that school district;
1050          (b) collect the signatures described in Subsection (1)(a) on a nomination petition form
1051     created by the lieutenant governor's office, in accordance with, and subject to, the same
1052     circulation and verification requirements described in Sections 20A-7-304 and 20A-7-305; and
1053          (c) submit the signatures described in Subsection (1)(a) to the election officer no later
1054     than 5 p.m. on the second Friday in April.
1055          (2) Upon timely receipt of the signatures described in this section, the election officer
1056     shall, no later than seven days after the day on which the election officer receives the
1057     signatures:
1058          (a) check the name of each individual who completes the verification for a signature
1059     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1060          (b) submit the name of each individual described in Subsection (2)(a) who is not a
1061     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1062          (c) determine whether each signer is a registered voter who is qualified to sign the
1063     nomination petition form, using the same method described in Section 20A-7-206.3 to verify a
1064     signature on a petition;
1065          (d) certify whether each name is the name of a registered voter who is qualified to sign
1066     the signature packet; and
1067          (e) certify the candidate for placement on the ballot if the election officer determines
1068     that the candidate:
1069          (i) has complied with the requirements of this section and Section 20A-14-103.5; and
1070          (ii) obtained the signatures described in Subsection (1)(a).
1071          (3) (a) If more than two candidates qualify to be placed on the ballot for one State
1072     School Board District, the election officer shall certify the candidates for placement on the
1073     regular primary election ballot.
1074          (b) The election officer shall place the names of the two candidates who receive the
1075     highest number of votes in a primary election for a State School Board District on the general
1076     election ballot.
1077          (c) If only one or two candidates qualify to be placed on the ballot for one State School
1078     Board District, the election officer:
1079          (i) shall certify the name of each candidate for placement on the regular general
1080     election ballot; and
1081          (ii) may not place the name of a candidate described in Subsection (3)(c)(i) on the
1082     primary election ballot.
1083          Section 17. Section 53A-1-101 is amended to read:
1084          53A-1-101. State Board of Education -- Members.
1085          [(1) Members of the] The State Board of Education shall [be nominated and] consist of
1086     15 members, elected as provided in Title 20A, Chapter 14, [Nomination and] Election of State
1087     and Local School Boards.
1088          [(2) (a) In addition to the members designated under Subsection (1), the following
1089     members shall serve as nonvoting members of the State Board of Education:]
1090          [(i) two members of the State Board of Regents, appointed by the chair of the State
1091     Board of Regents;]
1092          [(ii) one member of the Utah College of Applied Technology Board of Trustees,
1093     appointed by the chair of the board of trustees; and]
1094          [(iii) one member of the State Charter School Board, appointed by the chair of the State
1095     Charter School Board.]
1096          [(b) A nonvoting member shall continue to serve as a member without a set term until
1097     the member is replaced by the chair of the State Board of Regents, chair of the Utah College of
1098     Applied Technology Board of Trustees, or chair of the State Charter School Board, as
1099     applicable.]
1100          Section 18. Repealer.
1101          This bill repeals:
1102          Section 20A-14-104, Becoming a candidate for membership on the State Board of
1103     Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
1104          Section 20A-14-105, Becoming a candidate for membership on the State Board of
1105     Education -- Selection of candidates by the governor -- Ballot placement.
1106          Section 19. Revisor instructions.
1107          It is the intent of the Legislature that, in preparing the Utah Code database for
1108     publication, the Office of Legislative Research and General Counsel shall change the
1109     references to "Title 20A, Chapter 14, Nomination and Election of State and Local School
1110     Boards" in the following sections and subsections to read "Title 20A, Chapter 14, Election of
1111     State and Local School Boards":
1112          (1) Subsection 53A-1a-506(1)(a);
1113          (2) Subsection 53A-1a-506.5(1)(a);
1114          (3) Subsection 53A-2-119(2);
1115          (4) Section 53A-3-101;
1116          (5) Subsection 53A-11-102.5(1); and
1117          (6) Subsection 53A-15-1202(1).




Legislative Review Note
     as of 10-22-14 12:17 PM

Office of Legislative Research and General Counsel