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STATE BOARD OF EDUCATION MEMBERSHIP

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AMENDMENTS

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2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Daniel McCay

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Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill provides for partisan election of the members of the State Board of Education
11     and provides for appointment of the members of the State Board of Education if the
12     voters pass a constitutional amendment permitting appointment.
13     Highlighted Provisions:
14          This bill:
15          ▸     provides for partisan election of the members of the State Board of Education and
16     provides for appointment of the members of the State Board of Education if the
17     voters pass a constitutional amendment permitting appointment;
18          ▸     removes the nonvoting members from the State Board of Education;
19           ▸     modifies the reporting requirements of state board office candidates and
20     officeholders;
21          ▸     reverses the modifications described in the preceding paragraph if the voters pass a
22     constitutional amendment permitting appointment of members of the State Board of
23     Education;
24          ▸     beginning on January 1, 2023, reduces the number of State Board of Education
25     members; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:

28          None
29     Other Special Clauses:
30          This bill provides substantive revisor instructions.
31     Utah Code Sections Affected:
32     AMENDS:
33          20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
34          20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
35          20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
36          20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
37          20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337
38          20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
39          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
40          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
41          53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
42     REPEALS:
43          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
44     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
45     Utah Code Sections Affected by Revisor Instructions:
46          20A-1-201, as last amended by Laws of Utah 2014, Chapter 362
47          20A-1-201.5, as last amended by Laws of Utah 2013, Chapter 320
48          20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
49          20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
50          20A-2-101.5, as last amended by Laws of Utah 2013, Chapter 263
51          20A-9-201, as last amended by Laws of Utah 2014, Chapter 17
52          20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
53          20A-11-101, as last amended by Laws of Utah 2014, Chapters 18, 158, and 337
54          20A-11-402, as last amended by Laws of Utah 2013, Chapter 320
55          20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
56          20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
57          20A-11-1302, as last amended by Laws of Utah 2011, Chapter 347
58          20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337

59          20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
60          20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
61          20A-11-1603, as last amended by Laws of Utah 2014, Chapter 18
62          20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
63          20A-14-101.5, as last amended by Laws of Utah 2013, Chapter 455
64          20A-14-102, as last amended by Laws of Utah 2013, Chapter 455
65          20A-14-102.1, as last amended by Laws of Utah 2013, Chapter 455
66          20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
67          20A-14-102.3, as last amended by Laws of Utah 2013, Chapter 455
68          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
69          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
70          20A-14-106, as enacted by Laws of Utah 1995, Chapter 1
71          53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
72          53A-1-109, Utah Code Annotated 1953
73          53A-1-201, as last amended by Laws of Utah 2013, Chapter 111
74          53A-1-301, as last amended by Laws of Utah 2012, Chapter 425
75     

76     Be it enacted by the Legislature of the state of Utah:
77          Section 1. Section 20A-1-504 is amended to read:
78          20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
79     state auditor, and lieutenant governor.
80          (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
81     treasurer, [or] state auditor, [it] or State Board of Education member, the vacancy shall be filled
82     for the unexpired term at the next regular general election.
83          (b) The governor shall fill the vacancy until the next regular general election by
84     appointing a person who meets the qualifications for the office from three persons nominated
85     by the state central committee of the same political party as the prior officeholder.
86          (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
87     consent of the Senate, appoint a person to hold the office until the next regular general election
88     at which the governor stands for election.
89          (3) For a State Board of Education vacancy, if the individual who is being replaced is

90     not a member of a political party, the governor shall fill the vacancy, with the consent of the
91     Senate, by selecting an individual who meets the qualifications and residency requirements for
92     filling the vacancy.
93          Section 2. Section 20A-9-408 is amended to read:
94          20A-9-408. Signature-gathering nomination process for qualified political party.
95          (1) This section describes the requirements for a member of a qualified political party
96     who is seeking the nomination of the qualified political party for an elective office through the
97     signature-gathering nomination process described in this section.
98          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
99     candidacy for a member of a qualified political party who is nominated by, or who is seeking
100     the nomination of, the qualified political party under this section shall be substantially as
101     follows:
102          "State of Utah, County of ____
103          I, ______________, declare my intention of becoming a candidate for the office of
104     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
105     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
106     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
107     any law governing campaigns and elections; I will file all campaign financial disclosure reports
108     as required by law; and I understand that failure to do so will result in my disqualification as a
109     candidate for this office and removal of my name from the ballot. The mailing address that I
110     designate for receiving official election notices is
111     ___________________________________________________________________________
112     ___________________________________________________________________________.
113          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
114     other officer qualified to administer oath)."
115          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
116     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
117     nomination of the qualified political party for an elective office that is to be filled at the next
118     general election shall:
119          (a) within the period beginning on January 1 before the next regular general election
120     and ending on the third Thursday in March of the same year, and before gathering signatures

121     under this section, file with the filing officer on a form approved by the lieutenant governor a
122     notice of intent to gather signatures for candidacy that includes:
123          (i) the name of the member who will attempt to become a candidate for a registered
124     political party under this section;
125          (ii) the name of the registered political party for which the member is seeking
126     nomination;
127          (iii) the office for which the member is seeking to become a candidate;
128          (iv) the address and telephone number of the member; and
129          (v) other information required by the lieutenant governor;
130          (b) file a declaration of candidacy, in person, with the filing officer on or after the
131     second Friday in March and before 5 p.m. on the third Thursday in March before the next
132     regular general election; and
133          (c) pay the filing fee.
134          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
135     party who, under this section, is seeking the nomination of the qualified political party for the
136     office of district attorney within a multicounty prosecution district that is to be filled at the next
137     general election shall:
138          (a) on or after January 1 before the next regular general election, and before gathering
139     signatures under this section, file with the filing officer on a form approved by the lieutenant
140     governor a notice of intent to gather signatures for candidacy that includes:
141          (i) the name of the member who will attempt to become a candidate for a registered
142     political party under this section;
143          (ii) the name of the registered political party for which the member is seeking
144     nomination;
145          (iii) the office for which the member is seeking to become a candidate;
146          (iv) the address and telephone number of the member; and
147          (v) other information required by the lieutenant governor;
148          (b) file a declaration of candidacy, in person, with the filing officer on or after the
149     second Friday in March and before 5 p.m. on the third Thursday in March before the next
150     regular general election; and
151          (c) pay the filing fee.

152          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
153     who files as the joint-ticket running mate of an individual who is nominated by a qualified
154     political party, under this section, for the office of governor shall submit a letter from the
155     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
156     mate.
157          (6) The lieutenant governor shall ensure that the certification described in Subsection
158     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
159     under this section.
160          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
161     is nominated by a qualified political party under this section, designate the qualified political
162     party that nominated the candidate.
163          (8) A member of a qualified political party may seek the nomination of the qualified
164     political party for an elective office by:
165          (a) complying with the requirements described in this section; and
166          (b) collecting signatures, on a form approved by the lieutenant governor's office, during
167     the period beginning on January 1 of an even-numbered year and ending 14 days before the day
168     on which the qualified political party's convention for the office is held, in the following
169     amounts:
170          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
171     permitted by the qualified political party to vote for the qualified political party's candidates in
172     a primary election;
173          (ii) for a congressional district race, 7,000 signatures of registered voters who are
174     residents of the congressional district and are permitted by the qualified political party to vote
175     for the qualified political party's candidates in a primary election;
176          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
177     residents of the state Senate district and are permitted by the qualified political party to vote for
178     the qualified political party's candidates in a primary election;
179          (iv) for a state House district race, 1,000 signatures of registered voters who are
180     residents of the state House district and are permitted by the qualified political party to vote for
181     the qualified political party's candidates in a primary election; [and]
182          (v) for a State Board of Education race, 4,000 signatures of registered voters who are

183     residents of the State Board of Education district and are permitted by the qualified political
184     party to vote for the qualified political party's candidates in a primary election; and
185          [(v)] (vi) for a county office race, signatures of 3% of the registered voters who are
186     residents of the area permitted to vote for the county office and are permitted by the qualified
187     political party to vote for the qualified political party's candidates in a primary election.
188          (9) (a) In order for a member of the qualified political party to qualify as a candidate
189     for the qualified political party's nomination for an elective office under this section, the
190     member shall:
191          (i) collect the signatures on a form approved by the lieutenant governor's office, using
192     the same circulation and verification requirements described in Sections 20A-7-304 and
193     20A-7-305; and
194          (ii) submit the signatures to the election officer no later than 14 days before the day on
195     which the qualified political party holds its convention to select candidates, for the elective
196     office, for the qualified political party's nomination.
197          (b) An individual may not gather signatures under this section until after the individual
198     files a notice of intent to gather signatures for candidacy described in this section.
199          (c) An individual who files a notice of intent to gather signatures for candidacy,
200     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
201     the notice of intent to gather signatures for candidacy:
202          (i) required to comply with the reporting requirements that a candidate for office is
203     required to comply with; and
204          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
205     apply to a candidate for office in relation to the reporting requirements described in Subsection
206     (9)(c)(i).
207          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
208     election officer shall, no later than one day before the day on which the qualified political party
209     holds the convention to select a nominee for the elective office to which the signature packets
210     relate:
211          (i) check the name of each individual who completes the verification for a signature
212     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
213          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a

214     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
215          (iii) determine whether each signer is a registered voter who is qualified to sign the
216     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
217     on a petition;
218          (iv) certify whether each name is that of a registered voter who is qualified to sign the
219     signature packet; and
220          (v) notify the qualified political party and the lieutenant governor of the name of each
221     member of the qualified political party who qualifies as a nominee of the qualified political
222     party, under this section, for the elective office to which the convention relates.
223          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
224     this section, the lieutenant governor shall post the notice of intent to gather signatures for
225     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
226     posts a declaration of candidacy.
227          Section 3. Section 20A-11-403 is amended to read:
228          20A-11-403. Failure to file -- Penalties.
229          (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
230     governor shall review each filed summary report to ensure that:
231          (a) each officeholder that is required to file a summary report has filed one; and
232          (b) each summary report contains the information required by this part.
233          (2) If it appears that any officeholder has failed to file the summary report required by
234     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
235     governor has received a written complaint alleging a violation of the law or the falsity of any
236     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
237     violation has occurred:
238          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
239          (b) within five days of discovery of a violation or receipt of a written complaint, notify
240     the officeholder of the violation or written complaint and direct the officeholder to file a
241     summary report correcting the problem.
242          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
243     within seven days after receiving notice from the lieutenant governor under this section.
244          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B

245     misdemeanor.
246          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
247     attorney general.
248          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
249     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
250     (3)(a).
251          (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
252     under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[(c)](d), the
253     lieutenant governor shall review each filed interim report to ensure that each interim report
254     contains the information required for the report.
255          (5) If it appears that any officeholder has failed to file an interim report required by
256     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
257     governor has received a written complaint alleging a violation of the law or the falsity of any
258     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
259     violation has occurred:
260          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
261          (b) within five days after the day on which the violation is discovered or a written
262     complaint is received, notify the officeholder of the violation or written complaint and direct
263     the officeholder to file an interim report correcting the problem.
264          (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
265     within seven days after the day on which the officeholder receives notice from the lieutenant
266     governor under this section.
267          (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
268     misdemeanor.
269          (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
270     attorney general.
271          (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
272     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
273     (6)(a).
274          Section 4. Section 20A-11-1301 is amended to read:
275          20A-11-1301. School board office candidate -- Campaign finance requirements --

276     Candidate as a political action committee officer -- No personal use -- Contribution
277     reporting deadline -- Report other accounts.
278          (1) (a) (i) Each school board office candidate shall deposit each contribution and public
279     service assistance received in one or more separate accounts in a financial institution that are
280     dedicated only to that purpose.
281          (ii) A school board office candidate may:
282          (A) receive a contribution or public service assistance from a political action
283     committee registered under Section 20A-11-601; and
284          (B) be designated by a political action committee as an officer who has primary
285     decision-making authority as described in Section 20A-11-601.
286          (b) A school board office candidate may not use money deposited in an account
287     described in Subsection (1)(a)(i) for:
288          (i) a personal use expenditure; or
289          (ii) an expenditure prohibited by law.
290          (2) A school board office candidate may not deposit or mingle any contributions or
291     public service assistance received into a personal or business account.
292          (3) A school board office candidate may not make any political expenditures prohibited
293     by law.
294          (4) If a person who is no longer a school board office candidate chooses not to expend
295     the money remaining in a campaign account, the person shall continue to file the year-end
296     summary report required by Section 20A-11-1302 until the statement of dissolution and final
297     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
298          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
299     is no longer a school board office candidate may not expend or transfer the money in a
300     campaign account in a manner that would cause the former school board office candidate to
301     recognize the money as taxable income under federal tax law.
302          (b) A person who is no longer a school board office candidate may transfer the money
303     in a campaign account in a manner that would cause the former school board office candidate
304     to recognize the money as taxable income under federal tax law if the transfer is made to a
305     campaign account for federal office.
306          (6) (a) As used in this Subsection (6) [and Section 20A-11-1303], "received" [means:]

307     means the same as that term is defined in Subsection 20A-11-1303(1)(a).
308          [(i) for a cash contribution, that the cash is given to a school board office candidate or a
309     member of the candidate's personal campaign committee;]
310          [(ii) for a contribution that is a negotiable instrument or check, that the negotiable
311     instrument or check is negotiated; and]
312          [(iii) for any other type of contribution, that any portion of the contribution's benefit
313     inures to the school board office candidate.]
314          (b) Each school board office candidate shall report to the chief election officer each
315     contribution and public service assistance received by the school board office candidate:
316          (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
317     the contribution or public service assistance is received; or
318          (ii) within three business days after the day on which the contribution or public service
319     assistance is received, if:
320          (A) the school board office candidate is contested in a primary election and the
321     contribution or public service assistance is received within 30 days before the day on which the
322     primary election is held; or
323          (B) the school board office candidate is contested in a general election and the
324     contribution or public service assistance is received within 30 days before the day on which the
325     general election is held.
326          (c) Except as provided in Subsection (6)(d), for each contribution or provision of
327     public service assistance that a school board office candidate fails to report within the time
328     period described in Subsection (6)(b), the chief election officer shall impose a fine against the
329     school board office candidate in an amount equal to:
330          (i) the greater of $50 or 15% of the amount of the contribution; or
331          (ii) the greater of $50 or 15% of the value of the public service assistance.
332          (d) A fine described in Subsection (6)(c) may not exceed the amount of the
333     contribution or the value of the public service assistance to which the fine relates.
334          (e) The chief election officer shall:
335          (i) deposit money received under Subsection (6)(c) into the General Fund; and
336          (ii) report on the chief election officer's website, in the location where reports relating
337     to each school board office candidate are available for public access:

338          (A) each fine imposed by the chief election officer against the school board office
339     candidate;
340          (B) the amount of the fine;
341          (C) the amount of the contribution to which the fine relates; and
342          (D) the date of the contribution.
343          (7) (a) As used in this Subsection (7), "account" means an account in a financial
344     institution:
345          (i) that is not described in Subsection (1)(a)(i); and
346          (ii) into which or from which a person who, as a candidate for an office, other than a
347     school board office for which the person files a declaration of candidacy or federal office, or as
348     a holder of an office, other than a school board office for which the person files a declaration of
349     candidacy or federal office, deposits a contribution or makes an expenditure.
350          (b) A school board office candidate shall include on any financial statement filed in
351     accordance with this part:
352          (i) a contribution deposited in an account:
353          (A) since the last campaign finance statement was filed; or
354          (B) that has not been reported under a statute or ordinance that governs the account; or
355          (ii) an expenditure made from an account:
356          (A) since the last campaign finance statement was filed; or
357          (B) that has not been reported under a statute or ordinance that governs the account.
358          Section 5. Section 20A-11-1303 is amended to read:
359          20A-11-1303. School board office candidate and school board officeholder --
360     Financial reporting requirements -- Interim reports.
361          (1) (a) As used in this section, "received" means:
362          (i) for a cash contribution, that the cash is given to a school board office candidate or a
363     member of the school board office candidate's personal campaign committee;
364          (ii) for a contribution that is a check or other negotiable instrument, that the check or
365     other negotiable instrument is negotiated; and
366          (iii) for any other type of contribution, that any portion of the contribution's benefit
367     inures to the school board office candidate.
368          [(1) (a)] (b) As used in this Subsection (1), "campaign account" means a separate

369     campaign account required under Subsection 20A-11-1301(1)(a)(i).
370          [(b)] (c) Each school board office candidate shall file an interim report at the following
371     times in any year in which the candidate has filed a declaration of candidacy for a public office:
372          [(i) May 15;]
373          (i) (A) seven days before the school board office candidate's political convention; or
374          (B) May 15, if the school board office candidate does not affiliate with a political
375     party;
376          (ii) seven days before the regular primary election date;
377          (iii) August 31; and
378          (iv) seven days before the regular general election date.
379          [(c)] (d) Each school board [office holder] officeholder who has a campaign account
380     that has not been dissolved under Section 20A-11-1304 shall, in an even year, file an interim
381     report at the following times, regardless of whether an election for the school board office
382     holder's office is held that year:
383          [(i) May 15;]
384          (i) (A) seven days before the political convention for the political party of the school
385     board officeholder; or
386          (B) May 15, if the school board officeholder does not affiliate with a political party;
387          (ii) seven days before the regular primary election date for that year;
388          (iii) August 31; and
389          (iv) seven days before the regular general election date.
390          (2) Each interim report shall include the following information:
391          (a) the net balance of the last summary report, if any;
392          (b) a single figure equal to the total amount of receipts reported on all prior interim
393     reports, if any, during the calendar year in which the interim report is due;
394          (c) a single figure equal to the total amount of expenditures reported on all prior
395     interim reports, if any, filed during the calendar year in which the interim report is due;
396          (d) a detailed listing of each contribution and public service assistance received since
397     the last summary report that has not been reported in detail on a prior interim report;
398          (e) for each nonmonetary contribution:
399          (i) the fair market value of the contribution with that information provided by the

400     contributor; and
401          (ii) a specific description of the contribution;
402          (f) a detailed listing of each expenditure made since the last summary report that has
403     not been reported in detail on a prior interim report;
404          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
405          (h) a net balance for the year consisting of the net balance from the last summary
406     report, if any, plus all receipts since the last summary report minus all expenditures since the
407     last summary report;
408          (i) a summary page in the form required by the lieutenant governor that identifies:
409          (i) beginning balance;
410          (ii) total contributions during the period since the last statement;
411          (iii) total contributions to date;
412          (iv) total expenditures during the period since the last statement; and
413          (v) total expenditures to date; and
414          (j) the name of a political action committee for which the school board office candidate
415     or school board office holder is designated as an officer who has primary decision-making
416     authority under Section 20A-11-601.
417          (3) (a) For all individual contributions or public service assistance of $50 or less, a
418     single aggregate figure may be reported without separate detailed listings.
419          (b) Two or more contributions from the same source that have an aggregate total of
420     more than $50 may not be reported in the aggregate, but shall be reported separately.
421          (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
422     as of five days before the required filing date of the report.
423          (b) Any negotiable instrument or check received by a school board office candidate or
424     school board office holder more than five days before the required filing date of a report
425     required by this section shall be included in the interim report.
426          Section 6. Section 20A-11-1305 is amended to read:
427          20A-11-1305. School board office candidate -- Failure to file statement --
428     Penalties.
429          (1) (a) A school board office candidate who fails to file a financial statement by the
430     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.

431          (b) If a school board office candidate fails to file an interim report due before the
432     regular primary election, on August 31, or before the regular general election, the chief election
433     officer shall, after making a reasonable attempt to discover if the report was timely filed,
434     inform the county clerk and other appropriate election officials who:
435          (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
436     the ballots are delivered to voters; or
437          (B) shall, if removing the candidate's name from the ballot is not practicable, inform
438     the voters by any practicable method that the candidate has been disqualified and that votes
439     cast for the candidate will not be counted; and
440          (ii) may not count any votes for that candidate.
441          (c) Any school board office candidate who fails to file timely a financial statement
442     required by Subsection 20A-11-1303(1)[(b)(ii), (iii), or (iv)](c) is disqualified.
443          (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
444     not disqualified and the chief election officer may not impose a fine if:
445          (i) the candidate timely files the reports required by this section in accordance with
446     Section 20A-11-103;
447          (ii) those reports are completed, detailing accurately and completely the information
448     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
449     and
450          (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
451     corrected in:
452          (A) an amended report; or
453          (B) the next scheduled report.
454          (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
455     board office candidate, the lieutenant governor shall review each filed summary report to
456     ensure that:
457          (i) each school board office candidate that is required to file a summary report has filed
458     one; and
459          (ii) each summary report contains the information required by this part.
460          (b) If it appears that a school board office candidate has failed to file the summary
461     report required by law, if it appears that a filed summary report does not conform to the law, or

462     if the lieutenant governor has received a written complaint alleging a violation of the law or the
463     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
464     violation or receipt of a written complaint, notify the school board office candidate of the
465     violation or written complaint and direct the school board office candidate to file a summary
466     report correcting the problem.
467          (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
468     summary report within seven days after receiving notice from the lieutenant governor under
469     this section.
470          (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
471     class B misdemeanor.
472          (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
473     attorney general.
474          (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
475     governor shall impose a civil fine of $100 against a school board office candidate who violates
476     Subsection (2)(c)(i).
477          Section 7. Section 20A-14-103 is amended to read:
478          20A-14-103. State Board of Education members -- When elected -- Qualifications
479     -- Avoiding conflicts of interest.
480          (1) [(a)] Unless otherwise provided by law, each State Board of Education member
481     elected from a State Board of Education district at [the 2010] or before the 2014 general
482     election shall[: (i)] serve out the term of office for which that member was elected[; and].
483          [(ii) represent the realigned district if the member resides in that district.]
484          [(b) At the general election to be held in 2012, a State Board of Education member
485     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
486     to serve a term of office of four years.]
487          [(c) In order to ensure that the terms of approximately half of the State Board of
488     Education members expire every two years:]
489          [(i) at the general election to be held in 2012, the State Board of Education member
490     elected from State Board of Education District 1 shall be elected to serve a term of office of
491     two years; and]
492          [(ii) at the general election to be held in 2014, the State Board of Education member

493     elected from State Board of Education District 1 shall be elected to serve a term of office of
494     four years.]
495          (2) (a) A person seeking election to the State Board of Education shall have been a
496     resident of the State Board of Education district in which the person is seeking election for at
497     least one year as of the date of the election.
498          (b) A person who has resided within the State Board of Education district, as the
499     boundaries of the district exist on the date of the election, for one year immediately preceding
500     the date of the election shall be considered to have met the requirements of this Subsection (2).
501          (3) A State Board of Education member shall:
502          (a) be and remain a registered voter in the State Board of Education district from which
503     the member was elected or appointed; and
504          (b) maintain the member's primary residence within the State Board of Education
505     district from which the member was elected or appointed during the member's term of office.
506          (4) A State Board of Education member may not, during the member's term of office,
507     also serve as an employee of:
508          (a) the State Board of Education;
509          (b) the Utah State Office of Education; or
510          (c) the Utah State Office of Rehabilitation.
511          Section 8. Section 20A-14-104 is amended to read:
512          20A-14-104. Becoming a candidate for membership on the State Board of
513     Education.
514          [(1) (a) Persons] A person interested in becoming a candidate for the State Board of
515     Education shall file a declaration of candidacy according to the procedures and requirements of
516     Sections 20A-9-201 and 20A-9-202.
517          [(b) By May 1 of the year in which a State Board of Education member's term expires,
518     the lieutenant governor shall submit the name of each person who has filed a declaration of
519     candidacy for the State Board of Education to the nominating and recruiting committee for the
520     State Board of Education.]
521          [(2) By November 1 of the year preceding each regular general election year, a
522     nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
523     shall be appointed by the governor as follows:]

524          [(a) one member shall be appointed to represent each of the following business and
525     industry sectors:]
526          [(i) manufacturing and mining;]
527          [(ii) transportation and public utilities;]
528          [(iii) service, trade, and information technology;]
529          [(iv) finance, insurance, and real estate;]
530          [(v) construction; and]
531          [(vi) agriculture; and]
532          [(b) one member shall be appointed to represent each of the following education
533     sectors:]
534          [(i) teachers;]
535          [(ii) school administrators;]
536          [(iii) parents;]
537          [(iv) local school board members;]
538          [(v) charter schools; and]
539          [(vi) higher education.]
540          [(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
541     through (vi) shall be appointed from lists containing at least two names submitted by
542     organizations representing each of the respective sectors.]
543          [(b) At least one member of the nominating and recruiting committee shall reside
544     within each state board district in which a member's term expires during the committee's
545     two-year term of office.]
546          [(4) (a) The members shall elect one member to serve as chair for the committee.]
547          [(b) The chair, or another member of the committee designated by the chair, shall
548     schedule and convene all committee meetings.]
549          [(c) Any formal action by the committee requires the approval of a majority of
550     committee members.]
551          [(d) Members of the nominating and recruiting committee shall serve without
552     compensation, but they may be reimbursed for expenses incurred in the performance of their
553     official duties as established by the Division of Finance.]
554          [(5) The nominating and recruiting committee shall:]

555          [(a) recruit potential candidates for membership on the State Board of Education prior
556     to the deadline to file a declaration of candidacy;]
557          [(b) prepare a list of candidates for membership on the State Board of Education for
558     each state board district subject to election in that year using the qualifications under
559     Subsection (6);]
560          [(c) submit a list of at least three candidates for each state board position to the
561     governor by July 1; and]
562          [(d) ensure that the list includes appropriate background information on each
563     candidate.]
564          [(6) The nominating committee shall select a broad variety of candidates who possess
565     outstanding professional qualifications relating to the powers and duties of the State Board of
566     Education, including experience in the following areas:]
567          [(a) business and industry administration;]
568          [(b) business and industry human resource management;]
569          [(c) business and industry finance;]
570          [(d) business and industry, including expertise in:]
571          [(i) metrics and evaluation;]
572          [(ii) manufacturing;]
573          [(iii) retailing;]
574          [(iv) natural resources;]
575          [(v) information technology;]
576          [(vi) construction;]
577          [(vii) banking;]
578          [(viii) science and engineering; and]
579          [(ix) medical and healthcare;]
580          [(e) higher education administration;]
581          [(f) applied technology education;]
582          [(g) public education administration;]
583          [(h) public education instruction;]
584          [(i) economic development;]
585          [(j) labor; and]

586          [(k) other life experiences that would benefit the State Board of Education.]
587          Section 9. Section 53A-1-101 is amended to read:
588          53A-1-101. State Board of Education -- Members.
589          [(1)] Members of the State Board of Education shall be nominated and elected as
590     provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
591          [(2) (a) In addition to the members designated under Subsection (1), the following
592     members shall serve as nonvoting members of the State Board of Education:]
593          [(i) two members of the State Board of Regents, appointed by the chair of the State
594     Board of Regents;]
595          [(ii) one member of the Utah College of Applied Technology Board of Trustees,
596     appointed by the chair of the board of trustees; and]
597          [(iii) one member of the State Charter School Board, appointed by the chair of the State
598     Charter School Board.]
599          [(b) A nonvoting member shall continue to serve as a member without a set term until
600     the member is replaced by the chair of the State Board of Regents, chair of the Utah College of
601     Applied Technology Board of Trustees, or chair of the State Charter School Board, as
602     applicable.]
603          Section 10. Repealer.
604          This bill repeals:
605          Section 20A-14-105, Becoming a candidate for membership on the State Board of
606     Education -- Selection of candidates by the governor -- Ballot placement.
607          Section 11. Revisor instructions.
608          The Legislature intends that, if the amendment to the Utah Constitution proposed by
609     H.J.R. 16, Proposal to Amend Utah Constitution -- Governance of Public Education, 2015
610     General Session, passes the Legislature and is approved by a majority of those voting on the
611     amendment at the next regular general election, the Office of Legislative Research and General
612     Counsel, in preparing the Utah Code database for publication, shall, on January 1, 2017:
613          (1) amend Section 20A-1-201 to read:
614          "20A-1-201. Date and purpose of regular general elections.
615          (1) A regular general election shall be held throughout the state on the first Tuesday
616     after the first Monday in November of each even-numbered year.

617          (2) At the regular general election, the voters shall:
618          (a) choose persons to serve the terms established by law for the following offices:
619          (i) electors of President and Vice President of the United States;
620          (ii) United States Senators;
621          (iii) Representatives to the United States Congress;
622          (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
623          (v) senators and representatives to the Utah Legislature;
624          (vi) county officers;
625          [(vii) State School Board members;]
626          [(viii)] (vii) local school board members;
627          [(ix)] (viii) except as provided in Subsection (3), local district officers, as applicable;
628     and
629          [(x)] (ix) any elected judicial officers; and
630          (b) approve or reject:
631          (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
632     under procedures established in the Utah Code;
633          (ii) any proposed initiatives or referenda that have qualified for the ballot under
634     procedures established in the Utah Code; and
635          (iii) any other ballot propositions submitted to the voters that are authorized by the
636     Utah Code.
637          (3) This section:
638          (a) applies to a special service district for which the county legislative body or the
639     municipal legislative body, as applicable, has delegated authority for the special service district
640     to an administrative control board; and
641          (b) does not apply to a special service district for which the county legislative body or
642     the municipal legislative body, as applicable, has not delegated authority for the special service
643     district to an administrative control board.";
644          (2) amend Section 20A-1-201.5 to read:
645          "20A-1-201.5. Primary election dates.
646          (1) A regular primary election shall be held throughout the state on the fourth Tuesday
647     of June of each even numbered year as provided in Section 20A-9-403, to nominate persons for

648     national, state, local school board, and county offices.
649          (2) A municipal primary election shall be held, if necessary, on the second Tuesday
650     following the first Monday in August before the regular municipal election to nominate persons
651     for municipal offices.
652          (3) If the Legislature makes an appropriation for a Western States Presidential Primary
653     election, the Western States Presidential Primary election shall be held throughout the state on
654     the first Tuesday in February in the year in which a presidential election will be held.";
655          (3) reverse the changes made to Section 20A-1-504 by this bill so that Section
656     20A-1-504 reads:
657          "20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
658     state auditor, and lieutenant governor.
659          (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
660     treasurer, or state auditor, it shall be filled for the unexpired term at the next regular general
661     election.
662          (b) The governor shall fill the vacancy until the next regular general election by
663     appointing a person who meets the qualifications for the office from three persons nominated
664     by the state central committee of the same political party as the prior officeholder.
665          (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
666     consent of the Senate, appoint a person to hold the office until the next regular general election
667     at which the governor stands for election.";
668          (4) amend Section 20A-2-101.5 to read:
669          "20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold
670     office.
671          (1) As used in this section, "convicted felon" means a person convicted of a felony in
672     any state or federal court of the United States.
673          (2) Each convicted felon's right to register to vote and to vote in an election is restored
674     when:
675          (a) the felon is sentenced to probation;
676          (b) the felon is granted parole; or
677          (c) the felon has successfully completed the term of incarceration to which the felon
678     was sentenced.

679          (3) Except as provided by Subsection (4), a convicted felon's right to hold elective
680     office is restored when:
681          (a) all of the felon's felony convictions have been expunged; or
682          (b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
683          (ii) the felon has paid all court-ordered restitution and fines; and
684          (iii) for each felony conviction that has not been expunged, the felon has:
685          (A) completed probation in relation to the felony;
686          (B) been granted parole in relation to the felony; or
687          (C) successfully completed the term of incarceration associated with the felony.
688          (4) An individual who has been convicted of a grievous sexual offense, as defined in
689     Section 76-1-601, against a child, may not hold the office of [State Board of Education member
690     or] local school board member.";
691          (5) amend Section 20A-9-201 to read:
692          "20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
693     more than one political party prohibited with exceptions -- General filing and form
694     requirements -- Affidavit of impecuniosity.
695          (1) Before filing a declaration of candidacy for election to any office, a person shall:
696          (a) be a United States citizen;
697          (b) meet the legal requirements of that office; and
698          (c) if seeking a registered political party's nomination as a candidate for elective office,
699     designate that registered political party as their preferred party affiliation on their declaration of
700     candidacy.
701          (2) (a) Except as provided in Subsection (2)(b), a person may not:
702          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
703     Utah during any election year; or
704          (ii) appear on the ballot as the candidate of more than one political party.
705          (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
706     or vice president of the United States and another office, if the person resigns the person's
707     candidacy for the other office after the person is officially nominated for president or vice
708     president of the United States.
709          (ii) A person may file a declaration of candidacy for, or be a candidate for, more than

710     one justice court judge office.
711          (iii) A person may file a declaration of candidacy for lieutenant governor even if the
712     person filed a declaration of candidacy for another office in the same election year if the person
713     withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
714     before filing the declaration of candidacy for lieutenant governor.
715          (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
716     declaration of candidacy, the filing officer shall:
717          (A) read to the prospective candidate the constitutional and statutory qualification
718     requirements for the office that the candidate is seeking; and
719          (B) require the candidate to state whether or not the candidate meets those
720     requirements.
721          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
722     county clerk shall ensure that the person filing that declaration of candidacy is:
723          (A) a United States citizen;
724          (B) an attorney licensed to practice law in Utah who is an active member in good
725     standing of the Utah State Bar;
726          (C) a registered voter in the county in which the person is seeking office; and
727          (D) a current resident of the county in which the person is seeking office and either has
728     been a resident of that county for at least one year or was appointed and is currently serving as
729     county attorney and became a resident of the county within 30 days after appointment to the
730     office.
731          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
732     county clerk shall ensure that, as of the date of the election, the person filing that declaration of
733     candidacy is:
734          (A) a United States citizen;
735          (B) an attorney licensed to practice law in Utah who is an active member in good
736     standing of the Utah State Bar;
737          (C) a registered voter in the prosecution district in which the person is seeking office;
738     and
739          (D) a current resident of the prosecution district in which the person is seeking office
740     and either will have been a resident of that prosecution district for at least one year as of the

741     date of the election or was appointed and is currently serving as district attorney and became a
742     resident of the prosecution district within 30 days after receiving appointment to the office.
743          (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
744     county clerk shall ensure that the person filing the declaration of candidacy:
745          (A) as of the date of filing:
746          (I) is a United States citizen;
747          (II) is a registered voter in the county in which the person seeks office;
748          (III) (Aa) has successfully met the standards and training requirements established for
749     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
750     Certification Act; or
751          (Bb) has met the waiver requirements in Section 53-6-206; and
752          (IV) is qualified to be certified as a law enforcement officer, as defined in Section
753     53-13-103; and
754          (B) as of the date of the election, shall have been a resident of the county in which the
755     person seeks office for at least one year.
756          (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
757     governor, state auditor, state treasurer, attorney general, or state legislator, [or State Board of
758     Education member,] the filing officer shall ensure:
759          (A) that the person filing the declaration of candidacy also files the financial disclosure
760     required by Section 20A-11-1603; and
761          (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
762     provided to the lieutenant governor according to the procedures and requirements of Section
763     20A-11-1603.
764          (b) If the prospective candidate states that the qualification requirements for the office
765     are not met, the filing officer may not accept the prospective candidate's declaration of
766     candidacy.
767          (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
768     requirements of candidacy are met, the filing officer shall:
769          (i) inform the candidate that:
770          (A) the candidate's name will appear on the ballot as it is written on the declaration of
771     candidacy;

772          (B) the candidate may be required to comply with state or local campaign finance
773     disclosure laws; and
774          (C) the candidate is required to file a financial statement before the candidate's political
775     convention under:
776          (I) Section 20A-11-204 for a candidate for constitutional office;
777          (II) Section 20A-11-303 for a candidate for the Legislature; or
778          (III) local campaign finance disclosure laws, if applicable;
779          (ii) except for a presidential candidate, provide the candidate with a copy of the current
780     campaign financial disclosure laws for the office the candidate is seeking and inform the
781     candidate that failure to comply will result in disqualification as a candidate and removal of the
782     candidate's name from the ballot;
783          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
784     Electronic Voter Information Website Program and inform the candidate of the submission
785     deadline under Subsection 20A-7-801(4)(a);
786          (iv) provide the candidate with a copy of the pledge of fair campaign practices
787     described under Section 20A-9-206 and inform the candidate that:
788          (A) signing the pledge is voluntary; and
789          (B) signed pledges shall be filed with the filing officer;
790          (v) accept the candidate's declaration of candidacy; and
791          (vi) if the candidate has filed for a partisan office, provide a certified copy of the
792     declaration of candidacy to the chair of the county or state political party of which the
793     candidate is a member.
794          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
795     officer shall:
796          (i) accept the candidate's pledge; and
797          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
798     candidate's pledge to the chair of the county or state political party of which the candidate is a
799     member.
800          (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall
801     be substantially as follows:
802          "State of Utah, County of ____

803               I, ______________, declare my candidacy for the office of ____, seeking the
804     nomination of the ____ party, which is my preferred political party affiliation. I do
805     solemnly swear that: I will meet the qualifications to hold the office, both legally and
806     constitutionally, if selected; I reside at _____________ in the City or Town of ____,
807     Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
808     campaigns and elections; I will file all campaign financial disclosure reports as required
809     by law; and I understand that failure to do so will result in my disqualification as a
810     candidate for this office and removal of my name from the ballot. The mailing address
811     that I designate for receiving official election notices is
812     ___________________________.
813     ____________________________________________________________________
814          Subscribed and sworn before me this __________(month\day\year).
815     
Notary Public (or other officer qualified to administer oath.)"

816          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
817     may not sign the form described in Subsection (4)(a).
818          (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
819     is:
820          (i) $50 for candidates for the local school district board; and
821          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
822     person holding the office for all other federal, state, and county offices.
823          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
824     any candidate:
825          (i) who is disqualified; or
826          (ii) who the filing officer determines has filed improperly.
827          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
828     from candidates.
829          (ii) The lieutenant governor shall:
830          (A) apportion to and pay to the county treasurers of the various counties all fees
831     received for filing of nomination certificates or acceptances; and
832          (B) ensure that each county receives that proportion of the total amount paid to the
833     lieutenant governor from the congressional district that the total vote of that county for all

834     candidates for representative in Congress bears to the total vote of all counties within the
835     congressional district for all candidates for representative in Congress.
836          (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
837     without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
838     an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
839     a financial statement filed at the time the affidavit is submitted.
840          (ii) A person who is able to pay the filing fee may not claim impecuniosity.
841          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
842     statement filed under this section shall be subject to the criminal penalties provided under
843     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
844          (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
845     considered an offense under this title for the purposes of assessing the penalties provided in
846     Subsection 20A-1-609(2).
847          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
848     substantially the following form:
849          "Affidavit of Impecuniosity
850     Individual Name
851     ____________________________Address_____________________________
852     Phone Number _________________
853     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
854     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
855     law.
856     Date ______________ Signature________________________________________________
857     Affiant
858     Subscribed and sworn to before me on ___________ (month\day\year)
859     
______________________

860     
(signature)

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

862          (v) The filing officer shall provide to a person who requests an affidavit of
863     impecuniosity a statement printed in substantially the following form, which may be included
864     on the affidavit of impecuniosity:

865          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
866     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
867     penalties, will be removed from the ballot."
868          (vi) The filing officer may request that a person who makes a claim of impecuniosity
869     under this Subsection (5)(d) file a financial statement on a form prepared by the election
870     official.
871          (6) (a) If there is no legislative appropriation for the Western States Presidential
872     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
873     president of the United States who is affiliated with a registered political party and chooses to
874     participate in the regular primary election shall:
875          (i) file a declaration of candidacy, in person or via a designated agent, with the
876     lieutenant governor:
877          (A) on a form developed and provided by the lieutenant governor; and
878          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
879     March before the next regular primary election;
880          (ii) identify the registered political party whose nomination the candidate is seeking;
881          (iii) provide a letter from the registered political party certifying that the candidate may
882     participate as a candidate for that party in that party's presidential primary election; and
883          (iv) pay the filing fee of $500.
884          (b) An agent designated to file a declaration of candidacy may not sign the form
885     described in Subsection (6)(a)(i)(A).
886          (7) Any person who fails to file a declaration of candidacy or certificate of nomination
887     within the time provided in this chapter is ineligible for nomination to office.
888          (8) A declaration of candidacy filed under this section may not be amended or
889     modified after the final date established for filing a declaration of candidacy.";
890          (6) reverse the changes made to Section 20A-9-408 by this bill so that Section
891     20A-9-408 reads:
892          "20A-9-408. Signature-gathering nomination process for qualified political party.
893          (1) This section describes the requirements for a member of a qualified political party
894     who is seeking the nomination of the qualified political party for an elective office through the
895     signature-gathering nomination process described in this section.

896          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
897     candidacy for a member of a qualified political party who is nominated by, or who is seeking
898     the nomination of, the qualified political party under this section shall be substantially as
899     follows:
900          "State of Utah, County of ____
901          I, ______________, declare my intention of becoming a candidate for the office of
902     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
903     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
904     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
905     any law governing campaigns and elections; I will file all campaign financial disclosure reports
906     as required by law; and I understand that failure to do so will result in my disqualification as a
907     candidate for this office and removal of my name from the ballot. The mailing address that I
908     designate for receiving official election notices is
909     ___________________________________________________________________________
910     ___________________________________________________________________________.
911          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
912     other officer qualified to administer oath)."
913          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
914     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
915     nomination of the qualified political party for an elective office that is to be filled at the next
916     general election shall:
917          (a) within the period beginning on January 1 before the next regular general election
918     and ending on the third Thursday in March of the same year, and before gathering signatures
919     under this section, file with the filing officer on a form approved by the lieutenant governor a
920     notice of intent to gather signatures for candidacy that includes:
921          (i) the name of the member who will attempt to become a candidate for a registered
922     political party under this section;
923          (ii) the name of the registered political party for which the member is seeking
924     nomination;
925          (iii) the office for which the member is seeking to become a candidate;
926          (iv) the address and telephone number of the member; and

927          (v) other information required by the lieutenant governor;
928          (b) file a declaration of candidacy, in person, with the filing officer on or after the
929     second Friday in March and before 5 p.m. on the third Thursday in March before the next
930     regular general election; and
931          (c) pay the filing fee.
932          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
933     party who, under this section, is seeking the nomination of the qualified political party for the
934     office of district attorney within a multicounty prosecution district that is to be filled at the next
935     general election shall:
936          (a) on or after January 1 before the next regular general election, and before gathering
937     signatures under this section, file with the filing officer on a form approved by the lieutenant
938     governor a notice of intent to gather signatures for candidacy that includes:
939          (i) the name of the member who will attempt to become a candidate for a registered
940     political party under this section;
941          (ii) the name of the registered political party for which the member is seeking
942     nomination;
943          (iii) the office for which the member is seeking to become a candidate;
944          (iv) the address and telephone number of the member; and
945          (v) other information required by the lieutenant governor;
946          (b) file a declaration of candidacy, in person, with the filing officer on or after the
947     second Friday in March and before 5 p.m. on the third Thursday in March before the next
948     regular general election; and
949          (c) pay the filing fee.
950          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
951     who files as the joint-ticket running mate of an individual who is nominated by a qualified
952     political party, under this section, for the office of governor shall submit a letter from the
953     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
954     mate.
955          (6) The lieutenant governor shall ensure that the certification described in Subsection
956     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
957     under this section.

958          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
959     is nominated by a qualified political party under this section, designate the qualified political
960     party that nominated the candidate.
961          (8) A member of a qualified political party may seek the nomination of the qualified
962     political party for an elective office by:
963          (a) complying with the requirements described in this section; and
964          (b) collecting signatures, on a form approved by the lieutenant governor's office, during
965     the period beginning on January 1 of an even-numbered year and ending 14 days before the day
966     on which the qualified political party's convention for the office is held, in the following
967     amounts:
968          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
969     permitted by the qualified political party to vote for the qualified political party's candidates in
970     a primary election;
971          (ii) for a congressional district race, 7,000 signatures of registered voters who are
972     residents of the congressional district and are permitted by the qualified political party to vote
973     for the qualified political party's candidates in a primary election;
974          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
975     residents of the state Senate district and are permitted by the qualified political party to vote for
976     the qualified political party's candidates in a primary election;
977          (iv) for a state House district race, 1,000 signatures of registered voters who are
978     residents of the state House district and are permitted by the qualified political party to vote for
979     the qualified political party's candidates in a primary election; and
980          (v) for a county office race, signatures of 3% of the registered voters who are residents
981     of the area permitted to vote for the county office and are permitted by the qualified political
982     party to vote for the qualified political party's candidates in a primary election.
983          (9) (a) In order for a member of the qualified political party to qualify as a candidate
984     for the qualified political party's nomination for an elective office under this section, the
985     member shall:
986          (i) collect the signatures on a form approved by the lieutenant governor's office, using
987     the same circulation and verification requirements described in Sections 20A-7-304 and
988     20A-7-305; and

989          (ii) submit the signatures to the election officer no later than 14 days before the day on
990     which the qualified political party holds its convention to select candidates, for the elective
991     office, for the qualified political party's nomination.
992          (b) An individual may not gather signatures under this section until after the individual
993     files a notice of intent to gather signatures for candidacy described in this section.
994          (c) An individual who files a notice of intent to gather signatures for candidacy,
995     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
996     the notice of intent to gather signatures for candidacy:
997          (i) required to comply with the reporting requirements that a candidate for office is
998     required to comply with; and
999          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1000     apply to a candidate for office in relation to the reporting requirements described in Subsection
1001     (9)(c)(i).
1002          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1003     election officer shall, no later than one day before the day on which the qualified political party
1004     holds the convention to select a nominee for the elective office to which the signature packets
1005     relate:
1006          (i) check the name of each individual who completes the verification for a signature
1007     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1008          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1009     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1010          (iii) determine whether each signer is a registered voter who is qualified to sign the
1011     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1012     on a petition;
1013          (iv) certify whether each name is that of a registered voter who is qualified to sign the
1014     signature packet; and
1015          (v) notify the qualified political party and the lieutenant governor of the name of each
1016     member of the qualified political party who qualifies as a nominee of the qualified political
1017     party, under this section, for the elective office to which the convention relates.
1018          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
1019     this section, the lieutenant governor shall post the notice of intent to gather signatures for

1020     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1021     posts a declaration of candidacy.";
1022          (7) amend Section 20A-11-101 to read:
1023          "20A-11-101. Definitions.
1024          As used in this chapter:
1025          (1) "Address" means the number and street where an individual resides or where a
1026     reporting entity has its principal office.
1027          (2) "Agent of a reporting entity" means:
1028          (a) a person acting on behalf of a reporting entity at the direction of the reporting
1029     entity;
1030          (b) a person employed by a reporting entity in the reporting entity's capacity as a
1031     reporting entity;
1032          (c) the personal campaign committee of a candidate or officeholder;
1033          (d) a member of the personal campaign committee of a candidate or officeholder in the
1034     member's capacity as a member of the personal campaign committee of the candidate or
1035     officeholder; or
1036          (e) a political consultant of a reporting entity.
1037          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1038     amendments, and any other ballot propositions submitted to the voters that are authorized by
1039     the Utah Code Annotated 1953.
1040          (4) "Candidate" means any person who:
1041          (a) files a declaration of candidacy for a public office; or
1042          (b) receives contributions, makes expenditures, or gives consent for any other person to
1043     receive contributions or make expenditures to bring about the person's nomination or election
1044     to a public office.
1045          (5) "Chief election officer" means:
1046          (a) the lieutenant governor for state office candidates, legislative office candidates,
1047     officeholders, political parties, political action committees, corporations, political issues
1048     committees, [state school board candidates,] judges, and labor organizations, as defined in
1049     Section 20A-11-1501; and
1050          (b) the county clerk for local school board candidates.

1051          (6) (a) "Contribution" means any of the following when done for political purposes:
1052          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1053     value given to the filing entity;
1054          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1055     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1056     anything of value to the filing entity;
1057          (iii) any transfer of funds from another reporting entity to the filing entity;
1058          (iv) compensation paid by any person or reporting entity other than the filing entity for
1059     personal services provided without charge to the filing entity;
1060          (v) remuneration from:
1061          (A) any organization or its directly affiliated organization that has a registered lobbyist;
1062     or
1063          (B) any agency or subdivision of the state, including school districts;
1064          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
1065          (vii) in-kind contributions.
1066          (b) "Contribution" does not include:
1067          (i) services provided by individuals volunteering a portion or all of their time on behalf
1068     of the filing entity if the services are provided without compensation by the filing entity or any
1069     other person;
1070          (ii) money lent to the filing entity by a financial institution in the ordinary course of
1071     business; or
1072          (iii) goods or services provided for the benefit of a candidate or political party at less
1073     than fair market value that are not authorized by or coordinated with the candidate or political
1074     party.
1075          (7) "Coordinated with" means that goods or services provided for the benefit of a
1076     candidate or political party are provided:
1077          (a) with the candidate's or political party's prior knowledge, if the candidate or political
1078     party does not object;
1079          (b) by agreement with the candidate or political party;
1080          (c) in coordination with the candidate or political party; or
1081          (d) using official logos, slogans, and similar elements belonging to a candidate or

1082     political party.
1083          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1084     organization that is registered as a corporation or is authorized to do business in a state and
1085     makes any expenditure from corporate funds for:
1086          (i) the purpose of expressly advocating for political purposes; or
1087          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1088     proposition.
1089          (b) "Corporation" does not mean:
1090          (i) a business organization's political action committee or political issues committee; or
1091          (ii) a business entity organized as a partnership or a sole proprietorship.
1092          (9) "County political party" means, for each registered political party, all of the persons
1093     within a single county who, under definitions established by the political party, are members of
1094     the registered political party.
1095          (10) "County political party officer" means a person whose name is required to be
1096     submitted by a county political party to the lieutenant governor in accordance with Section
1097     20A-8-402.
1098          (11) "Detailed listing" means:
1099          (a) for each contribution or public service assistance:
1100          (i) the name and address of the individual or source making the contribution or public
1101     service assistance;
1102          (ii) the amount or value of the contribution or public service assistance; and
1103          (iii) the date the contribution or public service assistance was made; and
1104          (b) for each expenditure:
1105          (i) the amount of the expenditure;
1106          (ii) the person or entity to whom it was disbursed;
1107          (iii) the specific purpose, item, or service acquired by the expenditure; and
1108          (iv) the date the expenditure was made.
1109          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
1110     for membership in the corporation, to a corporation without receiving full and adequate
1111     consideration for the money.
1112          (b) "Donor" does not include a person that signs a statement that the corporation may

1113     not use the money for an expenditure or political issues expenditure.
1114          (13) "Election" means each:
1115          (a) regular general election;
1116          (b) regular primary election; and
1117          (c) special election at which candidates are eliminated and selected.
1118          (14) "Electioneering communication" means a communication that:
1119          (a) has at least a value of $10,000;
1120          (b) clearly identifies a candidate or judge; and
1121          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1122     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1123     identified candidate's or judge's election date.
1124          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
1125     agent of a reporting entity on behalf of the reporting entity:
1126          (i) any disbursement from contributions, receipts, or from the separate bank account
1127     required by this chapter;
1128          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1129     or anything of value made for political purposes;
1130          (iii) an express, legally enforceable contract, promise, or agreement to make any
1131     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1132     value for political purposes;
1133          (iv) compensation paid by a filing entity for personal services rendered by a person
1134     without charge to a reporting entity;
1135          (v) a transfer of funds between the filing entity and a candidate's personal campaign
1136     committee; or
1137          (vi) goods or services provided by the filing entity to or for the benefit of another
1138     reporting entity for political purposes at less than fair market value.
1139          (b) "Expenditure" does not include:
1140          (i) services provided without compensation by individuals volunteering a portion or all
1141     of their time on behalf of a reporting entity;
1142          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1143     business; or

1144          (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
1145     candidates for office or officeholders in states other than Utah.
1146          (16) "Federal office" means the office of president of the United States, United States
1147     Senator, or United States Representative.
1148          (17) "Filing entity" means the reporting entity that is required to file a financial
1149     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1150          (18) "Financial statement" includes any summary report, interim report, verified
1151     financial statement, or other statement disclosing contributions, expenditures, receipts,
1152     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1153     Retention Elections.
1154          (19) "Governing board" means the individual or group of individuals that determine the
1155     candidates and committees that will receive expenditures from a political action committee,
1156     political party, or corporation.
1157          (20) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
1158     Incorporation, by which a geographical area becomes legally recognized as a city or town.
1159          (21) "Incorporation election" means the election authorized by Section 10-2-111 or
1160     10-2-127.
1161          (22) "Incorporation petition" means a petition authorized by Section 10-2-109 or
1162     10-2-125.
1163          (23) "Individual" means a natural person.
1164          (24) "In-kind contribution" means anything of value, other than money, that is accepted
1165     by or coordinated with a filing entity.
1166          (25) "Interim report" means a report identifying the contributions received and
1167     expenditures made since the last report.
1168          (26) "Legislative office" means the office of state senator, state representative, speaker
1169     of the House of Representatives, president of the Senate, and the leader, whip, and assistant
1170     whip of any party caucus in either house of the Legislature.
1171          (27) "Legislative office candidate" means a person who:
1172          (a) files a declaration of candidacy for the office of state senator or state representative;
1173          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1174     speaker of the House of Representatives, president of the Senate, or the leader, whip, and

1175     assistant whip of any party caucus in either house of the Legislature; or
1176          (c) receives contributions, makes expenditures, or gives consent for any other person to
1177     receive contributions or make expenditures to bring about the person's nomination, election, or
1178     appointment to a legislative office.
1179          (28) "Major political party" means either of the two registered political parties that
1180     have the greatest number of members elected to the two houses of the Legislature.
1181          (29) "Officeholder" means a person who holds a public office.
1182          (30) "Party committee" means any committee organized by or authorized by the
1183     governing board of a registered political party.
1184          (31) "Person" means both natural and legal persons, including individuals, business
1185     organizations, personal campaign committees, party committees, political action committees,
1186     political issues committees, and labor organizations, as defined in Section 20A-11-1501.
1187          (32) "Personal campaign committee" means the committee appointed by a candidate to
1188     act for the candidate as provided in this chapter.
1189          (33) "Personal use expenditure" has the same meaning as provided under Section
1190     20A-11-104.
1191          (34) (a) "Political action committee" means an entity, or any group of individuals or
1192     entities within or outside this state, a major purpose of which is to:
1193          (i) solicit or receive contributions from any other person, group, or entity for political
1194     purposes; or
1195          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1196     vote for or against any candidate or person seeking election to a municipal or county office.
1197          (b) "Political action committee" includes groups affiliated with a registered political
1198     party but not authorized or organized by the governing board of the registered political party
1199     that receive contributions or makes expenditures for political purposes.
1200          (c) "Political action committee" does not mean:
1201          (i) a party committee;
1202          (ii) any entity that provides goods or services to a candidate or committee in the regular
1203     course of its business at the same price that would be provided to the general public;
1204          (iii) an individual;
1205          (iv) individuals who are related and who make contributions from a joint checking

1206     account;
1207          (v) a corporation, except a corporation a major purpose of which is to act as a political
1208     action committee; or
1209          (vi) a personal campaign committee.
1210          (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
1211     by another person on behalf of and with the knowledge of the reporting entity, to provide
1212     political advice to the reporting entity.
1213          (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
1214     where the person:
1215          (i) has already been paid, with money or other consideration;
1216          (ii) expects to be paid in the future, with money or other consideration; or
1217          (iii) understands that the person may, in the discretion of the reporting entity or another
1218     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
1219     money or other consideration.
1220          (36) "Political convention" means a county or state political convention held by a
1221     registered political party to select candidates.
1222          (37) (a) "Political issues committee" means an entity, or any group of individuals or
1223     entities within or outside this state, a major purpose of which is to:
1224          (i) solicit or receive donations from any other person, group, or entity to assist in
1225     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1226     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1227          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1228     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1229     proposed ballot proposition or an incorporation in an incorporation election; or
1230          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1231     ballot or to assist in keeping a ballot proposition off the ballot.
1232          (b) "Political issues committee" does not mean:
1233          (i) a registered political party or a party committee;
1234          (ii) any entity that provides goods or services to an individual or committee in the
1235     regular course of its business at the same price that would be provided to the general public;
1236          (iii) an individual;

1237          (iv) individuals who are related and who make contributions from a joint checking
1238     account; or
1239          (v) a corporation, except a corporation a major purpose of which is to act as a political
1240     issues committee.
1241          (38) (a) "Political issues contribution" means any of the following:
1242          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1243     anything of value given to a political issues committee;
1244          (ii) an express, legally enforceable contract, promise, or agreement to make a political
1245     issues donation to influence the approval or defeat of any ballot proposition;
1246          (iii) any transfer of funds received by a political issues committee from a reporting
1247     entity;
1248          (iv) compensation paid by another reporting entity for personal services rendered
1249     without charge to a political issues committee; and
1250          (v) goods or services provided to or for the benefit of a political issues committee at
1251     less than fair market value.
1252          (b) "Political issues contribution" does not include:
1253          (i) services provided without compensation by individuals volunteering a portion or all
1254     of their time on behalf of a political issues committee; or
1255          (ii) money lent to a political issues committee by a financial institution in the ordinary
1256     course of business.
1257          (39) (a) "Political issues expenditure" means any of the following when made by a
1258     political issues committee or on behalf of a political issues committee by an agent of the
1259     reporting entity:
1260          (i) any payment from political issues contributions made for the purpose of influencing
1261     the approval or the defeat of:
1262          (A) a ballot proposition; or
1263          (B) an incorporation petition or incorporation election;
1264          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1265     the express purpose of influencing the approval or the defeat of:
1266          (A) a ballot proposition; or
1267          (B) an incorporation petition or incorporation election;

1268          (iii) an express, legally enforceable contract, promise, or agreement to make any
1269     political issues expenditure;
1270          (iv) compensation paid by a reporting entity for personal services rendered by a person
1271     without charge to a political issues committee; or
1272          (v) goods or services provided to or for the benefit of another reporting entity at less
1273     than fair market value.
1274          (b) "Political issues expenditure" does not include:
1275          (i) services provided without compensation by individuals volunteering a portion or all
1276     of their time on behalf of a political issues committee; or
1277          (ii) money lent to a political issues committee by a financial institution in the ordinary
1278     course of business.
1279          (40) "Political purposes" means an act done with the intent or in a way to influence or
1280     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1281     against any candidate or a person seeking a municipal or county office at any caucus, political
1282     convention, or election.
1283          (41) (a) "Poll" means the survey of a person regarding the person's opinion or
1284     knowledge of an individual who has filed a declaration of candidacy for public office, or of a
1285     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
1286     person or by telephone, facsimile, Internet, postal mail, or email.
1287          (b) "Poll" does not include:
1288          (i) a ballot; or
1289          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
1290          (A) the focus group consists of more than three, and less than thirteen, individuals; and
1291          (B) all individuals in the focus group are present during the interview.
1292          (42) "Primary election" means any regular primary election held under the election
1293     laws.
1294          [(45)] (43) "Publicly identified class of individuals" means a group of 50 or more
1295     individuals sharing a common occupation, interest, or association that contribute to a political
1296     action committee or political issues committee and whose names can be obtained by contacting
1297     the political action committee or political issues committee upon whose financial statement the
1298     individuals are listed.

1299          [(43)] (44) "Public office" means the office of governor, lieutenant governor, state
1300     auditor, state treasurer, attorney general, [state school board member,] state senator, state
1301     representative, speaker of the House of Representatives, president of the Senate, and the leader,
1302     whip, and assistant whip of any party caucus in either house of the Legislature.
1303          [(44)] (45) (a) "Public service assistance" means the following when given or provided
1304     to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
1305     communicate with the officeholder's constituents:
1306          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1307     money or anything of value to an officeholder; or
1308          (ii) goods or services provided at less than fair market value to or for the benefit of the
1309     officeholder.
1310          (b) "Public service assistance" does not include:
1311          (i) anything provided by the state;
1312          (ii) services provided without compensation by individuals volunteering a portion or all
1313     of their time on behalf of an officeholder;
1314          (iii) money lent to an officeholder by a financial institution in the ordinary course of
1315     business;
1316          (iv) news coverage or any publication by the news media; or
1317          (v) any article, story, or other coverage as part of any regular publication of any
1318     organization unless substantially all the publication is devoted to information about the
1319     officeholder.
1320          (46) "Receipts" means contributions and public service assistance.
1321          (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
1322     Lobbyist Disclosure and Regulation Act.
1323          (48) "Registered political action committee" means any political action committee that
1324     is required by this chapter to file a statement of organization with the Office of the Lieutenant
1325     Governor.
1326          (49) "Registered political issues committee" means any political issues committee that
1327     is required by this chapter to file a statement of organization with the Office of the Lieutenant
1328     Governor.
1329          (50) "Registered political party" means an organization of voters that:

1330          (a) participated in the last regular general election and polled a total vote equal to 2%
1331     or more of the total votes cast for all candidates for the United States House of Representatives
1332     for any of its candidates for any office; or
1333          (b) has complied with the petition and organizing procedures of Chapter 8, Political
1334     Party Formation and Procedures.
1335          (51) (a) "Remuneration" means a payment:
1336          (i) made to a legislator for the period the Legislature is in session; and
1337          (ii) that is approximately equivalent to an amount a legislator would have earned
1338     during the period the Legislature is in session in the legislator's ordinary course of business.
1339          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1340          (i) the legislator's primary employer in the ordinary course of business; or
1341          (ii) a person or entity in the ordinary course of business:
1342          (A) because of the legislator's ownership interest in the entity; or
1343          (B) for services rendered by the legislator on behalf of the person or entity.
1344          (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1345     a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
1346     action committee, a political issues committee, a corporation, or a labor organization, as
1347     defined in Section 20A-11-1501.
1348          [(53) "School board office" means the office of state school board.]
1349          [(54)] (53) (a) "Source" means the person or entity that is the legal owner of the
1350     tangible or intangible asset that comprises the contribution.
1351          (b) "Source" means, for political action committees and corporations, the political
1352     action committee and the corporation as entities, not the contributors to the political action
1353     committee or the owners or shareholders of the corporation.
1354          [(55)] (54) "State office" means the offices of governor, lieutenant governor, attorney
1355     general, state auditor, and state treasurer.
1356          [(56)] (55) "State office candidate" means a person who:
1357          (a) files a declaration of candidacy for a state office; or
1358          (b) receives contributions, makes expenditures, or gives consent for any other person to
1359     receive contributions or make expenditures to bring about the person's nomination, election, or
1360     appointment to a state office.

1361          [(57)] (56) "Summary report" means the year end report containing the summary of a
1362     reporting entity's contributions and expenditures.
1363          [(58)] (57) "Supervisory board" means the individual or group of individuals that
1364     allocate expenditures from a political issues committee.";
1365          (8) amend Section 20A-11-402 to read:
1366          "20A-11-402. Officeholder financial reporting requirements -- Termination of
1367     duty to report.
1368          (1) An officeholder is active and subject to reporting requirements until the
1369     officeholder has filed a statement of dissolution with the lieutenant governor stating that:
1370          (a) the officeholder is no longer receiving contributions or public service assistance and
1371     is no longer making expenditures;
1372          (b) the ending balance on the last summary report filed is zero and the balance in the
1373     separate bank account required by Section 20A-11-201[,] or 20A-11-301[, or 20A-11-1301] is
1374     zero; and
1375          (c) a final summary report in the form required by Section 20A-11-401 showing a zero
1376     balance is attached to the statement of dissolution.
1377          (2) A statement of dissolution and a final summary report may be filed at any time.
1378          (3) Each officeholder shall continue to file the year-end summary report required by
1379     Section 20A-11-401 until the statement of dissolution and final summary report required by
1380     this section are filed with the lieutenant governor.
1381          (4) An officeholder may not use a contribution deposited in an account in accordance
1382     with this chapter for:
1383          (a) a personal use expenditure; or
1384          (b) an expenditure prohibited by law.
1385          (5) (a) Except as provided in Subsection (5)(b), a person who is no longer an
1386     officeholder may not expend or transfer the money in a campaign account in a manner that
1387     would cause the former officeholder to recognize the money as taxable income under federal
1388     tax law.
1389          (b) A person who is no longer an officeholder may transfer the money in a campaign
1390     account in a manner that would cause the former officeholder to recognize the money as
1391     taxable income under federal tax law if the transfer is made to a campaign account for federal

1392     office.";
1393          (9) reverse the changes made to Section 20A-11-403 in Section 3 of this bill and
1394     amend Section 20A-11-403 to read:
1395          "20A-11-403. Failure to file -- Penalties.
1396          (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
1397     governor shall review each filed summary report to ensure that:
1398          (a) each officeholder that is required to file a summary report has filed one; and
1399          (b) each summary report contains the information required by this part.
1400          (2) If it appears that any officeholder has failed to file the summary report required by
1401     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
1402     governor has received a written complaint alleging a violation of the law or the falsity of any
1403     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
1404     violation has occurred:
1405          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1406          (b) within five days of discovery of a violation or receipt of a written complaint, notify
1407     the officeholder of the violation or written complaint and direct the officeholder to file a
1408     summary report correcting the problem.
1409          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
1410     within seven days after receiving notice from the lieutenant governor under this section.
1411          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
1412     misdemeanor.
1413          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1414     attorney general.
1415          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
1416     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1417     (3)(a).
1418          (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
1419     under Subsection 20A-11-204(1)(c)[,] or 20A-11-303(1)(c)[, or 20A-11-1303(1)(c)], the
1420     lieutenant governor shall review each filed interim report to ensure that each interim report
1421     contains the information required for the report.
1422          (5) If it appears that any officeholder has failed to file an interim report required by

1423     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
1424     governor has received a written complaint alleging a violation of the law or the falsity of any
1425     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
1426     violation has occurred:
1427          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1428          (b) within five days after the day on which the violation is discovered or a written
1429     complaint is received, notify the officeholder of the violation or written complaint and direct
1430     the officeholder to file an interim report correcting the problem.
1431          (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
1432     within seven days after the day on which the officeholder receives notice from the lieutenant
1433     governor under this section.
1434          (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
1435     misdemeanor.
1436          (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
1437     attorney general.
1438          (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
1439     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1440     (6)(a).";
1441          (10) amend Section 20A-11-1603 to read:
1442          "20A-11-1603. Financial disclosure form -- Required when filing for candidacy --
1443     Public availability.
1444          (1) [Candidates seeking the following offices] A candidate seeking the office of state
1445     constitutional officer or state legislator shall file a financial disclosure with the filing officer at
1446     the time of filing a declaration of candidacy[:].
1447          [(a) state constitutional officer;]
1448          [(b) state legislator; or]
1449          [(c) State Board of Education member.]
1450          (2) A filing officer may not accept a declaration of candidacy for an office listed in
1451     Subsection (1) unless the declaration of candidacy is accompanied by the financial disclosure
1452     required by this section.
1453          (3) The financial disclosure form shall contain the same requirements and shall be in

1454     the same format as the financial disclosure form described in Section 20A-11-1604.
1455          (4) The financial disclosure form shall:
1456          (a) be made available for public inspection at the filing officer's place of business;
1457          (b) if the filing officer is an individual other than the lieutenant governor, be provided
1458     to the lieutenant governor within five business days of the date of filing and be made publicly
1459     available at the Office of the Lieutenant Governor; and
1460          (c) be made publicly available on the Statewide Electronic Voter Information Website
1461     administered by the lieutenant governor.";
1462          (11) renumber Section 20A-14-101.1 as Section 53A-1-107 and amend to read:
1463          "[20A-14-101.1]     53A-1-107. Definitions.
1464          As used in this part:
1465          (1) "Board" means the State Board of Education.
1466          (2) "Board block assignment file" means the electronic file that assigns each of Utah's
1467     115,406 census blocks to a particular State Board of Education district.
1468          (3) "Board shapefile" means the electronic shapefile that stores:
1469          (a) the boundary of each of the 15 State Board of Education districts[.] through
1470     December 31, 2022; and
1471          (b) the boundary of each of the nine State Board of Education districts beginning on
1472     January 1, 2023.
1473          (4) "Census block" means any one of the 115,406 individual geographic areas into
1474     which the Bureau of the Census of the United States Department of Commerce has divided the
1475     state of Utah, to each of which the Bureau of the Census has attached a discrete population
1476     tabulation from the 2010 decennial census.
1477          (5) "Shapefile" means the digital vector storage format for storing geometric location
1478     and associated attribute information.";
1479          (12) renumber Section 20A-14-101.5 as Section 53A-1-108 and amend to read:
1480          "[20A-14-101.5]     53A-1-108. State Board of Education districts.
1481          [(1) As used in this section:]
1482          [(a) "County boundary" means the county boundary's location in the database as of
1483     January 1, 2010.]
1484          [(b) "Database" means the State Geographic Information Database created in Section

1485     63F-1-507.]
1486          [(c) "Local school district boundary" means the local school district boundary's
1487     location in the database as of January 1, 2010.]
1488          [(d) "Municipal boundary" means the municipal boundary's location in the database as
1489     of January 1, 2010.]
1490          [(2) The State Board of Education shall consist of 15 members, with one member to be
1491     elected from each State Board of Education district.]
1492          [(3)] (1) The Legislature adopts the official census population figures and maps of the
1493     Bureau of the Census of the United States Department of Commerce developed in connection
1494     with the taking of the 2010 national decennial census as the official data for establishing State
1495     Board of Education district boundaries.
1496          [(4)] (2) (a) Effective January 1, 2023, the Legislature shall adopt the official census
1497     population figures and maps of the Bureau of the Census of the United States Department of
1498     Commerce developed in connection with the taking of the 2020 national decennial census as
1499     the official data for establishing State Board of Education district boundaries.
1500          (b) Using the data described in Subsection (3), the Legislature shall divide the state
1501     into nine State Board of Education districts.
1502          (3) (a) Notwithstanding [Subsection (3)] Subsections (1) and (2), the Legislature enacts
1503     the district numbers and boundaries of the State Board of Education districts designated in the
1504     board shapefile [that is the electronic component of the bill that enacts this section].
1505          (b) [That] The board shapefile described in Subsection (2)(a), and the State Board of
1506     Education district boundaries generated from that board shapefile, may be accessed via the
1507     Utah Legislature's website.";
1508          (13) enact Section 53A-1-109 to read:
1509          "53A-1-109. State Board of Education -- Members.
1510          (1) A member of the State Board of Education shall:
1511          (a) be appointed by the governor, with the consent of the Senate; and
1512          (b) reside in and represent a State Board of Education district, described in Section
1513     53A-1-108.
1514          (2) (a) The board shall consist of 15 members through December 31, 2022.
1515          (b) Beginning on January 1, 2023, the board shall consist of nine members.

1516          (3) A board member shall, during the member's term of office, maintain the member's
1517     primary residence within the State Board of Education district that the member is appointed to
1518     represent.
1519          (4) An individual who has been convicted of a grievous sexual offense, as defined in
1520     Section 76-1-601, against a child, may not serve as a member of the board.
1521          (5) The governor shall appoint the members of the board, as the terms of existing
1522     members end, as follows:
1523          (a) for terms beginning on January 1, 2019, the governor shall appoint board members
1524     residing in districts 1, 2, 3, 5, 6, 9, and 14 to terms of four years; and
1525          (b) for terms beginning on January 1, 2021, the governor shall appoint board members
1526     residing in districts 4, 7, 8, 10, 11, 12, 13, and 15 to terms of two years.
1527          (6) The governor shall appoint nine members to the board, to terms beginning on
1528     January 1, 2023, with one member residing in and representing each of the nine districts
1529     described in Subsection 53A-1-108(2) as follows:
1530          (a) the governor shall appoint five members to four-year terms; and
1531          (b) the governor shall appoint four members to two-year terms.
1532          (7) (a) If a vacancy occurs on the board for any reason before the end of the term for
1533     that board member, the governor shall appoint, with the consent of the Senate, an individual
1534     who resides in the applicable State Board of Education district to serve on the board for the
1535     remainder of the term of that board member.
1536          (b) The governor may remove an individual from the board for cause.
1537          (c) Except as provided in Subsection (7)(d), the governor may not appoint an
1538     individual to more than two consecutive terms as a member of the board.
1539          (d) The governor may appoint an individual appointed under Subsection (6)(b) or
1540     (7)(a) to two consecutive terms on the board immediately following the partial initial term
1541     served by the board member.
1542          (8) A board member whose term expires shall continue to serve on the board until the
1543     member's replacement is appointed by the governor and confirmed by the Senate.
1544          (9) A board member may not, during the member's term of office, also serve as an
1545     employee of:
1546          (a) the State Board of Education;

1547          (b) the Utah State Office of Education; or
1548          (c) the Utah State Office of Rehabilitation.";
1549          (14) amend Section 53A-1-301 to read:
1550          "53A-1-301. Appointment -- Qualifications -- Duties.
1551          (1) (a) The State Board of Education, upon approval from the governor and with the
1552     consent of the Senate, shall appoint a superintendent of public instruction, hereinafter called
1553     the state superintendent, who is the executive officer of the board and serves at the pleasure of
1554     the board.
1555          (b) The board shall appoint the state superintendent on the basis of outstanding
1556     professional qualifications.
1557          (c) The state superintendent shall administer all programs assigned to the State Board
1558     of Education in accordance with the policies and the standards established by the board.
1559          (2) The State Board shall with the appointed superintendent develop a statewide
1560     education strategy focusing on core academics, including the development of:
1561          (a) core curriculum and graduation requirements;
1562          (b) a process to select instructional materials that best correlate to the core curriculum
1563     and graduation requirements that are supported by generally accepted scientific standards of
1564     evidence;
1565          (c) professional development programs for teachers, superintendents, and principals;
1566          (d) remediation programs;
1567          (e) a method for creating individual student learning targets, and a method of
1568     measuring an individual student's performance toward those targets;
1569          (f) progress-based assessments for ongoing performance evaluations of districts and
1570     schools;
1571          (g) incentives to achieve the desired outcome of individual student progress in core
1572     academics, and which do not create disincentives for setting high goals for the students;
1573          (h) an annual report card for school and district performance, measuring learning and
1574     reporting progress-based assessments;
1575          (i) a systematic method to encourage innovation in schools and school districts as they
1576     strive to achieve improvement in their performance; and
1577          (j) a method for identifying and sharing best demonstrated practices across districts and

1578     schools.
1579          (3) The superintendent shall perform duties assigned by the board, including the
1580     following:
1581          (a) investigating all matters pertaining to the public schools;
1582          (b) adopting and keeping an official seal to authenticate the superintendent's official
1583     acts;
1584          (c) holding and conducting meetings, seminars, and conferences on educational topics;
1585          (d) presenting to the governor and the Legislature each December a report of the public
1586     school system for the preceding year to include:
1587          (i) data on the general condition of the schools with recommendations considered
1588     desirable for specific programs;
1589          (ii) a complete statement of fund balances;
1590          (iii) a complete statement of revenues by fund and source;
1591          (iv) a complete statement of adjusted expenditures by fund, the status of bonded
1592     indebtedness, the cost of new school plants, and school levies;
1593          (v) a complete statement of state funds allocated to each school district and charter
1594     school by source, including supplemental appropriations, and a complete statement of
1595     expenditures by each school district and charter school, including supplemental appropriations,
1596     by function and object as outlined in the U.S. Department of Education publication "Financial
1597     Accounting for Local and State School Systems";
1598          (vi) a complete statement, by school district and charter school, of the amount of and
1599     percentage increase or decrease in expenditures from the previous year attributed to:
1600          (A) wage increases, with expenditure data for base salary adjustments identified
1601     separately from step and lane expenditures;
1602          (B) medical and dental premium cost adjustments; and
1603          (C) adjustments in the number of teachers and other staff;
1604          (vii) a statement that includes data on:
1605          (A) fall enrollments;
1606          (B) average membership;
1607          (C) high school graduates;
1608          (D) licensed and classified employees, including data reported by school districts on

1609     educator ratings pursuant to Section 53A-8a-405;
1610          (E) pupil-teacher ratios;
1611          (F) average class sizes calculated in accordance with State Board of Education rules
1612     adopted under Subsection 53A-3-602.5(4);
1613          (G) average salaries;
1614          (H) applicable private school data; and
1615          (I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
1616     and district;
1617          (viii) statistical information regarding incidents of delinquent activity in the schools or
1618     at school-related activities with separate categories for:
1619          (A) alcohol and drug abuse;
1620          (B) weapon possession;
1621          (C) assaults; and
1622          (D) arson;
1623          (ix) information about:
1624          (A) the development and implementation of the strategy of focusing on core
1625     academics;
1626          (B) the development and implementation of competency-based education and
1627     progress-based assessments; and
1628          (C) the results being achieved under Subsections (3)(d)(ix)(A) and (B), as measured by
1629     individual progress-based assessments and a comparison of Utah students' progress with the
1630     progress of students in other states using standardized norm-referenced tests as benchmarks;
1631     and
1632          (x) other statistical and financial information about the school system which the state
1633     superintendent considers pertinent;
1634          (e) collecting and organizing education data into an automated decision support system
1635     to facilitate school district and school improvement planning, accountability reporting,
1636     performance recognition, and the evaluation of educational policy and program effectiveness to
1637     include:
1638          (i) data that are:
1639          (A) comparable across schools and school districts;

1640          (B) appropriate for use in longitudinal studies; and
1641          (C) comprehensive with regard to the data elements required under applicable state or
1642     federal law or state board rule;
1643          (ii) features that enable users, most particularly school administrators, teachers, and
1644     parents, to:
1645          (A) retrieve school and school district level data electronically;
1646          (B) interpret the data visually; and
1647          (C) draw conclusions that are statistically valid; and
1648          (iii) procedures for the collection and management of education data that:
1649          (A) require the state superintendent of public instruction to:
1650          (I) collaborate with school districts in designing and implementing uniform data
1651     standards and definitions;
1652          (II) undertake or sponsor research to implement improved methods for analyzing
1653     education data;
1654          (III) provide for data security to prevent unauthorized access to or contamination of the
1655     data; and
1656          (IV) protect the confidentiality of data under state and federal privacy laws; and
1657          (B) require all school districts and schools to comply with the data collection and
1658     management procedures established under Subsection (3)(e);
1659          (f) administering and implementing federal educational programs in accordance with
1660     Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act; and
1661          (g) with the approval of the board, preparing and submitting to the governor a budget
1662     for the board to be included in the budget that the governor submits to the Legislature.
1663          (4) The state superintendent shall distribute funds deposited in the Autism Awareness
1664     Restricted Account created in Section 53A-1-304 in accordance with the requirements of
1665     Section 53A-1-304.
1666          (5) Upon leaving office, the state superintendent shall deliver to the state
1667     superintendent's successor all books, records, documents, maps, reports, papers, and other
1668     articles pertaining to the state superintendent's office.
1669          (6) (a) For the purpose of Subsection (3)(d)(vii):
1670          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of

1671     students enrolled in a school by the number of full-time equivalent teachers assigned to the
1672     school, including regular classroom teachers, school-based specialists, and special education
1673     teachers;
1674          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
1675     the schools within a school district;
1676          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
1677     pupil-teacher ratio of charter schools in the state; and
1678          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
1679     pupil-teacher ratio of public schools in the state.
1680          (b) The printed copy of the report required by Subsection (3)(d) shall:
1681          (i) include the pupil-teacher ratio for:
1682          (A) each school district;
1683          (B) the charter schools aggregated; and
1684          (C) the state's public schools aggregated; and
1685          (ii) indicate the Internet website where pupil-teacher ratios for each school in the state
1686     may be accessed.";
1687          (15) renumber and amend Section 20A-14-102 as Section 53A-1-110, as follows:
1688          "[20A-14-102.]     53A-1-110. Board shapefile -- Lieutenant governor's office
1689     as repository.
1690          (1) (a) The Legislature shall file a copy of the board shapefile enacted by the
1691     Legislature with the lieutenant governor's office.
1692          (b) The legal boundaries of State Board of Education districts are contained in the
1693     board shapefile on file with the lieutenant governor's office.
1694          (2) (a) The lieutenant governor shall:
1695          (i) generate maps of each State Board of Education district from the board shapefile;
1696     and
1697          (ii) ensure that those maps are available for viewing on the lieutenant governor's
1698     website.
1699          (b) If there is any inconsistency between the maps and the board shapefile, the board
1700     shapefile is controlling.";
1701          (16) renumber and amend Section 20A-14-102.1 as Section 53A-1-111, as follows:

1702          "[20A-14-102.1.]     53A-1-111. Omissions from maps -- How resolved.
1703          (1) If any area of the state is omitted from a State Board of Education district in the
1704     board shapefile enacted by the Legislature, the county clerk of the affected county, upon
1705     discovery of the omission, shall attach the area to the appropriate State Board of Education
1706     district according to the requirements of Subsections (2) and (3).
1707          (2) If the omitted area is surrounded by a single State Board of Education district, the
1708     county clerk shall attach the area to that district.
1709          (3) If the omitted area is contiguous to two or more State Board of Education districts,
1710     the county clerk shall attach the area to the district that has the least population, as determined
1711     by the Utah Population Estimates Committee.
1712          (4) The county clerk shall certify in writing and file with the lieutenant governor any
1713     attachment made under this section.";
1714          (17) renumber Section 20A-14-102.2 as Section 53A-1-112 and amend to read:
1715          "[20A-14-102.2.]     53A-1-112. Uncertain boundaries -- How resolved.
1716          (1) As used in this section:
1717          (a) "Affected party" means:
1718          (i) a [state school] board member whose State Board of Education district boundary is
1719     uncertain because the feature used to establish the district boundary in the board shapefile has
1720     been removed, modified, or is unable to be identified or who is uncertain about whether [or
1721     not] the member or another person resides in a particular State Board of Education district;
1722          (ii) a [candidate for state school] potential appointee to the board whose State Board of
1723     Education district boundary is uncertain because the feature used to establish the district
1724     boundary in the board shapefile has been removed, modified, or is unable to be identified or
1725     who is uncertain about whether [or not the candidate or another person] the potential appointee
1726     or another individual resides in a particular State Board of Education district; or
1727          (iii) [a person] an individual who is uncertain about which State Board of Education
1728     district contains the [person's] individual's residence because the feature used to establish the
1729     district boundary in the board shapefile has been removed, modified, or is unable to be
1730     identified.
1731          (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
1732     political subdivision boundary that is used to establish a State Board of Education district

1733     boundary.
1734          (2) (a) An affected party may file a written request petitioning the lieutenant governor
1735     to determine:
1736          (i) the precise location of the State Board of Education district boundary;
1737          (ii) the number of the State Board of Education district in which [a person] an
1738     individual resides; or
1739          (iii) both Subsections (2)(a)(i) and (ii).
1740          (b) In order to make the determination required by Subsection (2)(a), the lieutenant
1741     governor shall review:
1742          (i) the board shapefile; and
1743          (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
1744     area.
1745          (c) Within five days of receipt of the request, the lieutenant governor shall:
1746          (i) review the board [block] shapefile;
1747          (ii) review any relevant data; and
1748          (iii) make a determination.
1749          (d) If the lieutenant governor determines the precise location of the State Board of
1750     Education district boundary, the lieutenant governor shall:
1751          (i) prepare a certification identifying the appropriate State Board of Education district
1752     boundary and attaching a map, if necessary; and
1753          (ii) send a copy of the certification to:
1754          (A) the affected party;
1755          (B) the county clerk of the affected county; and
1756          (C) the Automated Geographic Reference Center created under Section 63F-1-506.
1757          (e) If the lieutenant governor determines the number of the State Board of Education
1758     district in which a particular [person] individual resides, the lieutenant governor shall send a
1759     letter identifying that district by number to:
1760          (i) the [person] individual;
1761          (ii) the affected party who filed the petition, if different than the [person] individual
1762     whose State Board of Education district number was identified; and
1763          (iii) the county clerk of the affected county.";

1764          (18) renumber Section 20A-14-102.3 as Section 53A-1-113 and amend to read:
1765          "[20A-14-102.3.]     53A-1-113. County clerk, Automated Geographic Reference
1766     Center, and lieutenant governor responsibilities -- Maps.
1767          (1) As used in this section, "redistricting boundary data" means the board shapefile.
1768          (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
1769     clerk's county from the lieutenant governor's office.
1770          (3) (a) A county clerk may create one or more county maps that identify the boundaries
1771     of State Board of Education districts as generated from the redistricting boundary data.
1772          (b) Before publishing or distributing any map or data created by the county clerk that
1773     identifies the boundaries of State Board of Education districts within the county, the clerk shall
1774     submit the county map and data to the lieutenant governor and to the Automated Geographic
1775     Reference Center for review.
1776          (c) Within 30 days after receipt of a county map and data from a county clerk, the
1777     Automated Geographic Reference Center shall:
1778          (i) review the county map and data to evaluate if the county map and data accurately
1779     reflect the boundaries of State Board of Education districts established by the Legislature in the
1780     redistricting boundary data;
1781          (ii) determine whether the county map and data are correct or incorrect; and
1782          (iii) communicate those findings to the lieutenant governor.
1783          (d) The lieutenant governor shall either notify the county clerk that the county map and
1784     data are correct or inform the county clerk that the county map and data are incorrect.
1785          (e) If the county clerk receives notice from the lieutenant governor that the county map
1786     and data submitted are incorrect, the county clerk shall:
1787          (i) make the corrections necessary to conform the county map and data to the
1788     redistricting boundary data; and
1789          (ii) resubmit the corrected county map and data to the lieutenant governor for a new
1790     review under this Subsection (3).
1791          [(4) (a) Subject to the requirements of this Subsection (4), each county clerk shall
1792     establish voting precincts and polling places within each State Board of Education district
1793     according to the procedures and requirements of Section 20A-5-303.]
1794          [(b) Within five working days after approval of voting precincts and polling places by

1795     the county legislative body as required by Section 20A-5-303, each county clerk shall submit a
1796     voting precinct map identifying the boundaries of each voting precinct within the county to the
1797     lieutenant governor and to the Automated Geographic Reference Center for review.]
1798          [(c) Within 30 days after receipt of a voting precinct map from a county clerk, the
1799     Automated Geographic Reference Center shall:]
1800          [(i) review the voting precinct map to evaluate if the voting precinct map accurately
1801     reflects the boundaries of State Board of Education districts established by the Legislature in
1802     the redistricting boundary data;]
1803          [(ii) determine whether the voting precinct map is correct or incorrect; and]
1804          [(iii) communicate those findings to the lieutenant governor.]
1805          [(d) The lieutenant governor shall either notify the county clerk that the voting precinct
1806     map is correct or notify the county clerk that the voting precinct map is incorrect.]
1807          [(e) If the county clerk receives notice from the lieutenant governor that the voting
1808     precinct map is incorrect, the county clerk shall:]
1809          [(i) make the corrections necessary to conform the voting precinct map to the
1810     redistricting boundary data; and]
1811          [(ii) resubmit the corrected voting precinct map to the lieutenant governor and to the
1812     Automated Geographic Reference Center for a new review under this Subsection (4).]";
1813          (19) amend Section 53A-1-201 to read:
1814          "53A-1-201. Election and appointment of officers -- Removal from office.
1815          (1) As used in this section, "board" means the State Board of Education.
1816          [(1)] (2) The State Board of Education shall elect from its members a chair, and at least
1817     one vice chair, but no more than three vice chairs, each year at a meeting held any time
1818     between November 15 and January 15.
1819          [(2)] (3) (a) If the election of officers is held subsequent to the [election] appointment
1820     of a new member of the board, but [prior to the time that] before the new member takes office,
1821     the new member shall assume the position of the outgoing member for purposes of the election
1822     of officers.
1823          (b) In all other matters the outgoing member shall retain the full authority of the office
1824     until replaced as provided by law.
1825          [(3)] (4) The duties of these officers shall be determined by the board.

1826          [(4)] (5) The board shall appoint a secretary who serves at the pleasure of the board.
1827          [(5)] (6) An officer appointed or elected by the board under this section may be
1828     removed from office for cause by a vote of two-thirds of the board.";
1829          (20) repeal Section 20A-1-507;
1830          (21) repeal Section 20A-11-1301;
1831          (22) repeal Section 20A-11-1302;
1832          (23) repeal Section 20A-11-1303;
1833          (24) repeal Section 20A-11-1304;
1834          (25) repeal Section 20A-11-1305;
1835          (26) repeal Section 20A-14-103;
1836          (27) repeal Section 20A-14-104;
1837          (28) repeal Section 20A-14-106; and
1838          (29) repeal Section 53A-1-101.






Legislative Review Note
     as of 2-10-15 2:42 PM


Office of Legislative Research and General Counsel