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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, [
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; [
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 [
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)[
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) [
307 means the same as that term is defined in Subsection 20A-11-1303(1)(a).
308 [
309
310 [
311
312 [
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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 [
369 campaign account required under Subsection 20A-11-1301(1)(a)(i).
370 [
371 times in any year in which the candidate has filed a declaration of candidacy for a public office:
372 [
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 [
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 [
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)[
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) [
481 elected from a State Board of Education district at [
482 election shall[
483 [
484 [
485
486
487 [
488
489 [
490
491
492 [
493
494
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 [
515 Education shall file a declaration of candidacy according to the procedures and requirements of
516 Sections 20A-9-201 and 20A-9-202.
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587 Section 9. Section 53A-1-101 is amended to read:
588 53A-1-101. State Board of Education -- Members.
589 [
590 provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
591 [
592
593 [
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595 [
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597 [
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601
602
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 [
626 [
627 [
628 and
629 [
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 [
690
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, [
758
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, [
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 [
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 [
1300 auditor, state treasurer, attorney general, [
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 [
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 [
1349 [
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 [
1355 general, state auditor, and state treasurer.
1356 [
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 [
1362 reporting entity's contributions and expenditures.
1363 [
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[
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)[
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) [
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 [
1448 [
1449 [
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 "[
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[
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 "[
1481 [
1482 [
1483
1484 [
1485
1486 [
1487
1488 [
1489
1490 [
1491
1492 [
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 [
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 [
1503 the district numbers and boundaries of the State Board of Education districts designated in the
1504 board shapefile [
1505 (b) [
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 "[
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 "[
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 "[
1716 (1) As used in this section:
1717 (a) "Affected party" means:
1718 (i) a [
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 [
1721
1722 (ii) a [
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 [
1726 or another individual resides in a particular State Board of Education district; or
1727 (iii) [
1728 district contains 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 [
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 [
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 [
1759 letter identifying that district by number to:
1760 (i) the [
1761 (ii) the affected party who filed the petition, if different than the [
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 "[
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 [
1792
1793
1794 [
1795
1796
1797
1798 [
1799
1800 [
1801
1802
1803 [
1804 [
1805 [
1806
1807 [
1808
1809 [
1810
1811 [
1812
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 [
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 [
1820 of a new member of the board, but [
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 [
1826 [
1827 [
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