1     
AMENDMENTS TO STATE SCHOOL BOARD ELECTION

2     
PROCESS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kraig Powell

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions relating to the election of a member of the State School
11     Board.
12     Highlighted Provisions:
13          This bill:
14          ▸     repeals the nominating committee process for selecting candidates for the office of
15     State Board of Education member;
16          ▸     provides that an individual may not be a candidate for the office of State Board of
17     Education member unless the individual is a member of a local school board or a
18     charter school board on the day on which the individual files the declaration of
19     candidacy;
20          ▸     establishes procedures for nonpartisan elections for the office of State Board of
21     Education member; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          20A-9-201, as last amended by Laws of Utah 2014, Chapter 17
30          20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
31          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
32          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
33     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
34          53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
35     REPEALS:
36          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 20A-9-201 is amended to read:
40          20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
41     more than one political party prohibited with exceptions -- General filing and form
42     requirements -- Affidavit of impecuniosity.
43          (1) Before filing a declaration of candidacy for election to any office, [a person] the
44     individual shall:
45          (a) be a United States citizen;
46          (b) meet the legal requirements of that office; and
47          (c) if seeking a registered political party's nomination as a candidate for elective office,
48     designate that registered political party as their preferred party affiliation on their declaration of
49     candidacy.
50          (2) (a) Except as provided in Subsection (2)(b), [a person] an individual may not:
51          (i) file a declaration of candidacy for, or be a candidate for, more than one office in
52     Utah during any election year; or
53          (ii) appear on the ballot as the candidate of more than one political party.
54          (b) (i) [A person] An individual may file a declaration of candidacy for, or be a
55     candidate for, president or vice president of the United States and another office, if the [person]
56     individual resigns the person's candidacy for the other office after the [person] individual is
57     officially nominated for president or vice president of the United States.
58          (ii) [A person] An individual may file a declaration of candidacy for, or be a candidate
59     for, more than one justice court judge office.
60          (iii) [A person] An individual may file a declaration of candidacy for lieutenant
61     governor even if the [person] individual filed a declaration of candidacy for another office in
62     the same election year if the [person] individual withdraws as a candidate for the other office in
63     accordance with Subsection 20A-9-202(6) before filing the declaration of candidacy for
64     lieutenant governor.
65          (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
66     declaration of candidacy, the filing officer shall:
67          (A) read to the prospective candidate the constitutional and statutory qualification
68     requirements for the office that the candidate is seeking; and
69          (B) require the candidate to state whether [or not] the candidate meets those
70     requirements.
71          (ii) Before accepting a declaration of candidacy for the office of county attorney, the
72     county clerk shall ensure that the [person] individual filing that declaration of candidacy is:
73          (A) a United States citizen;
74          (B) an attorney licensed to practice law in Utah who is an active member in good
75     standing of the Utah State Bar;
76          (C) a registered voter in the county in which the [person] individual is seeking office;
77     and
78          (D) a current resident of the county in which the [person] individual is seeking office
79     and either has been a resident of that county for at least one year or was appointed and is
80     currently serving as county attorney and became a resident of the county within 30 days after
81     appointment to the office.
82          (iii) Before accepting a declaration of candidacy for the office of district attorney, the
83     county clerk shall ensure that, as of the date of the election, the [person] individual filing that
84     declaration of candidacy is:
85          (A) a United States citizen;
86          (B) an attorney licensed to practice law in Utah who is an active member in good
87     standing of the Utah State Bar;
88          (C) a registered voter in the prosecution district in which the [person] individual is
89     seeking office; and
90          (D) a current resident of the prosecution district in which the [person] individual is
91     seeking office and either will have been a resident of that prosecution district for at least one
92     year as of the date of the election or was appointed and is currently serving as district attorney
93     and became a resident of the prosecution district within 30 days after receiving appointment to
94     the office.
95          (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
96     county clerk shall ensure that the [person] individual filing the declaration of candidacy:
97          (A) as of the date of filing:
98          (I) is a United States citizen;
99          (II) is a registered voter in the county in which the [person] individual seeks office;
100          (III) (Aa) has successfully met the standards and training requirements established for
101     law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
102     Certification Act; or
103          (Bb) has met the waiver requirements in Section 53-6-206; and
104          (IV) is qualified to be certified as a law enforcement officer, as defined in Section
105     53-13-103; and
106          (B) as of the date of the election, shall have been a resident of the county in which the
107     [person] individual seeks office for at least one year.
108          (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
109     governor, state auditor, state treasurer, attorney general, or state legislator, [or State Board of
110     Education member,] the filing officer shall ensure:
111          (A) that the [person] individual filing the declaration of candidacy also files the
112     financial disclosure required by Section 20A-11-1603; and
113          (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
114     provided to the lieutenant governor according to the procedures and requirements of Section
115     20A-11-1603.
116          (vi) Before accepting a declaration of candidacy for the office of State Board of
117     Education member, the filing officer shall ensure:
118          (A) that the individual filing the declaration of candidacy also files the financial
119     disclosure form required by Section 20A-11-1603;
120          (B) that the individual filing the declaration of candidacy is currently a member of a
121     local school board or a charter school board; and
122          (C) if the filing officer is not the lieutenant governor, that the financial disclosure is
123     provided to the lieutenant governor according to the procedures and requirements of Section
124     20A-11-1603.
125          (b) If the prospective candidate states that the qualification requirements for the office
126     are not met, the filing officer may not accept the prospective candidate's declaration of
127     candidacy.
128          (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
129     requirements of candidacy are met, the filing officer shall:
130          (i) inform the candidate that:
131          (A) the candidate's name will appear on the ballot as it is written on the declaration of
132     candidacy;
133          (B) the candidate may be required to comply with state or local campaign finance
134     disclosure laws; and
135          (C) the candidate is required to file a financial statement before the candidate's political
136     convention under:
137          (I) Section 20A-11-204 for a candidate for constitutional office;
138          (II) Section 20A-11-303 for a candidate for the Legislature; or
139          (III) local campaign finance disclosure laws, if applicable;
140          (ii) except for a presidential candidate, provide the candidate with a copy of the current
141     campaign financial disclosure laws for the office the candidate is seeking and inform the
142     candidate that failure to comply will result in disqualification as a candidate and removal of the
143     candidate's name from the ballot;
144          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
145     Electronic Voter Information Website Program and inform the candidate of the submission
146     deadline under Subsection 20A-7-801(4)(a);
147          (iv) provide the candidate with a copy of the pledge of fair campaign practices
148     described under Section 20A-9-206 and inform the candidate that:
149          (A) signing the pledge is voluntary; and
150          (B) signed pledges shall be filed with the filing officer;
151          (v) accept the candidate's declaration of candidacy; and
152          (vi) if the candidate has filed for a partisan office, provide a certified copy of the
153     declaration of candidacy to the chair of the county or state political party of which the
154     candidate is a member.
155          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
156     officer shall:
157          (i) accept the candidate's pledge; and
158          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
159     candidate's pledge to the chair of the county or state political party of which the candidate is a
160     member.
161          (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall
162     be substantially as follows:
163          "State of Utah, County of ____
164               I, ______________, declare my candidacy for the office of ____, seeking the
165     nomination of the ____ party, which is my preferred political party affiliation. I do
166     solemnly swear that: I will meet the qualifications to hold the office, both legally and
167     constitutionally, if selected; I reside at _____________ in the City or Town of ____,
168     Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
169     campaigns and elections; I will file all campaign financial disclosure reports as required
170     by law; and I understand that failure to do so will result in my disqualification as a
171     candidate for this office and removal of my name from the ballot. The mailing address
172     that I designate for receiving official election notices is
173     ___________________________.
174     ____________________________________________________________________
175          Subscribed and sworn before me this __________(month\day\year).
176     
Notary Public (or other officer qualified to administer oath.)"

177          (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
178     may not sign the form described in Subsection (4)(a).
179          (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
180     is:
181          (i) $50 for candidates for the local school district board; and
182          (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
183     [person] individual holding the office for all other federal, state, and county offices.
184          (b) Except for presidential candidates, the filing officer shall refund the filing fee to
185     any candidate:
186          (i) who is disqualified; or
187          (ii) who the filing officer determines has filed improperly.
188          (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
189     from candidates.
190          (ii) The lieutenant governor shall:
191          (A) apportion to and pay to the county treasurers of the various counties all fees
192     received for filing of nomination certificates or acceptances; and
193          (B) ensure that each county receives that proportion of the total amount paid to the
194     lieutenant governor from the congressional district that the total vote of that county for all
195     candidates for representative in Congress bears to the total vote of all counties within the
196     congressional district for all candidates for representative in Congress.
197          (d) (i) [A person] An individual who is unable to pay the filing fee may file a
198     declaration of candidacy without payment of the filing fee upon a prima facie showing of
199     impecuniosity as evidenced by an affidavit of impecuniosity filed with the filing officer and, if
200     requested by the filing officer, a financial statement filed at the time the affidavit is submitted.
201          (ii) [A person] An individual who is able to pay the filing fee may not claim
202     impecuniosity.
203          (iii) (A) False statements made on an affidavit of impecuniosity or a financial
204     statement filed under this section [shall be] are subject to the criminal penalties provided under
205     Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
206          (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) [shall be] is
207     considered an offense under this title for the purposes of assessing the penalties provided in
208     Subsection 20A-1-609(2).
209          (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
210     substantially the following form:
211          "Affidavit of Impecuniosity
212     Individual Name
213     ____________________________Address_____________________________
214     Phone Number _________________
215     I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
216     for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
217     law.
218     Date ______________ Signature________________________________________________
219     Affiant
220     Subscribed and sworn to before me on ___________ (month\day\year)
221     
______________________

222     
(signature)

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

224          (v) The filing officer shall provide to [a person] an individual who requests an affidavit
225     of impecuniosity a statement printed in substantially the following form, which may be
226     included on the affidavit of impecuniosity:
227          "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
228     candidate who is found guilty of filing a false statement, in addition to being subject to criminal
229     penalties, will be removed from the ballot."
230          (vi) The filing officer may request that [a person] an individual who makes a claim of
231     impecuniosity under this Subsection (5)(d) file a financial statement on a form prepared by the
232     election official.
233          (6) (a) If there is no legislative appropriation for the Western States Presidential
234     Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
235     president of the United States who is affiliated with a registered political party and chooses to
236     participate in the regular primary election shall:
237          (i) file a declaration of candidacy, in person or via a designated agent, with the
238     lieutenant governor:
239          (A) on a form developed and provided by the lieutenant governor; and
240          (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
241     March before the next regular primary election;
242          (ii) identify the registered political party whose nomination the candidate is seeking;
243          (iii) provide a letter from the registered political party certifying that the candidate may
244     participate as a candidate for that party in that party's presidential primary election; and
245          (iv) pay the filing fee of $500.
246          (b) An agent designated to file a declaration of candidacy may not sign the form
247     described in Subsection (6)(a)(i)(A).
248          (7) [Any person] An individual who fails to file a declaration of candidacy or
249     certificate of nomination within the time provided in this chapter is ineligible for nomination to
250     office.
251          (8) A declaration of candidacy filed under this section may not be amended or
252     modified after the final date established for filing a declaration of candidacy.
253          Section 2. Section 20A-14-101.1 is amended to read:
254     
CHAPTER 14. ELECTION OF STATE AND LOCAL SCHOOL BOARDS

255          20A-14-101.1. Title -- Definitions.
256          (1) This chapter is known as "Election of State and Local School Boards."
257          (2) As used in this part:
258          [(1)] (a) "Board" means the State Board of Education.
259          [(2)] (b) "Board block assignment file" means the electronic file that assigns each of
260     Utah's 115, 406 census blocks to a particular State Board of Education district.
261          [(3)] (c) "Board shapefile" means the electronic shapefile that stores the boundary of
262     each of the 15 State Board of Education districts.
263          [(4)] (d) "Census block" means any one of the 115, 406 individual geographic areas
264     into which the Bureau of the Census of the United States Department of Commerce has divided
265     the state of Utah, to each of which the Bureau of the Census has attached a discrete population
266     tabulation from the 2010 decennial census.
267          [(5)] (e) "Shapefile" means the digital vector storage format for storing geometric
268     location and associated attribute information.
269          Section 3. Section 20A-14-103 is amended to read:
270          20A-14-103. State Board of Education members -- When elected -- Qualifications
271     -- Avoiding conflicts of interest.
272          (1) (a) Unless otherwise provided by law, each State Board of Education member
273     elected from a State Board of Education District at the 2010 general election shall:
274          (i) serve out the term of office for which that member was elected; and
275          (ii) represent the realigned district if the member resides in that district.
276          (b) At the general election to be held in 2012, a State Board of Education member
277     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
278     to serve a term of office of four years.
279          (c) In order to ensure that the terms of approximately half of the State Board of
280     Education members expire every two years:
281          (i) at the general election to be held in 2012, the State Board of Education member
282     elected from State Board of Education District 1 shall be elected to serve a term of office of
283     two years; and
284          (ii) at the general election to be held in 2014, the State Board of Education member
285     elected from State Board of Education District 1 shall be elected to serve a term of office of
286     four years.
287          (2) (a) [A person] An individual seeking election to the State Board of Education shall:
288          (i) have been a resident of the State Board of Education district in which the [person]
289     individual is seeking election for at least one year as of the date of the election[.]; and
290          (ii) be a member of a local school board or a charter school board on the day on which
291     the individual files a declaration of candidacy for the office.
292          (b) A person who has resided within the State Board of Education district, as the
293     boundaries of the district exist on the date of the election, for one year immediately preceding
294     the date of the election shall be considered to have met the requirements of this Subsection (2).
295          (3) A State Board of Education member shall:
296          (a) be and remain a registered voter in the State Board of Education district from which
297     the member was elected or appointed; and
298          (b) maintain the member's primary residence within the State Board of Education
299     district from which the member was elected or appointed during the member's term of office.
300          (4) A State Board of Education member may not, during the member's term of office,
301     also serve as an employee of:
302          (a) the State Board of Education;
303          (b) the Utah State Office of Education; or
304          (c) the Utah State Office of Rehabilitation.
305          (5) The office of State Board of Education member is a nonpartisan office.
306          Section 4. Section 20A-14-105 is amended to read:
307          20A-14-105. Election of candidates for membership on the State Board of
308     Education -- Selection of candidates by the governor -- Ballot placement.
309          [(1) By August 1 of each regular general election year, the governor shall:]
310          [(a) for each state board district subject to election in that year, select two candidates
311     for the State Board of Education from the lists submitted by the state board district nominating
312     and recruiting committee; and]
313          [(b) certify the names of the two candidates from each school board district to the
314     lieutenant governor.]
315          [(2) If the governor fails to select two candidates for a state board district by August 1,
316     the nominating and recruiting committee shall:]
317          [(a) select the two candidates; and]
318          [(b) notify the lieutenant governor of its selections by August 31.]
319          [(3) In accordance with Section 20A-6-305, the]
320          (1) If more than two individuals file a declaration of candidacy for the same State
321     Board of Education district, the lieutenant governor shall certify the name of each individual to
322     the county clerks for placement on the nonpartisan section of the primary election ballot.
323          (2) If only two individuals file a declaration of candidacy for the same State Board of
324     Education district, the lieutenant governor shall certify the name of each individual to the
325     county clerks for placement on the nonpartisan section of the general election ballot.
326          (3) If only one individual files a declaration of candidacy for a State Board of
327     Education district, the lieutenant governor shall certify the name of the individual to the county
328     clerks for placement on the nonpartisan section of the general election ballot.
329          (4) The lieutenant governor shall certify the names and order of the names of
330     candidates for the office of State Board of Education member to the county clerks for
331     placement on the nonpartisan section of the ballot in accordance with Section 20A-6-305.
332          Section 5. Section 53A-1-101 is amended to read:
333          53A-1-101. State Board of Education -- Members.
334          (1) Members of the State Board of Education shall be [nominated and] elected as
335     provided in Title 20A, Chapter 14, [Nomination and] Election of State and Local School
336     Boards.
337          (2) (a) In addition to the members [designated under] described in Subsection (1), the
338     following members shall serve as nonvoting members of the State Board of Education:
339          (i) two members of the State Board of Regents, appointed by the chair of the State
340     Board of Regents;
341          (ii) one member of the Utah College of Applied Technology Board of Trustees,
342     appointed by the chair of the board of trustees; and
343          (iii) one member of the State Charter School Board, appointed by the chair of the State
344     Charter School Board.
345          (b) A nonvoting member shall continue to serve as a member without a set term until
346     the member is replaced by the chair of the State Board of Regents, chair of the Utah College of
347     Applied Technology Board of Trustees, or chair of the State Charter School Board, as
348     applicable.
349          Section 6. Repealer.
350          This bill repeals:
351          Section 20A-14-104, Becoming a candidate for membership on the State Board of
352     Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.




Legislative Review Note
     as of 1-26-15 2:16 PM

Office of Legislative Research and General Counsel