This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 3, 2015 at 7:33 PM by bhansen.
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7 LONG TITLE
8 General Description:
9 This bill provides for partisan election of the members of the State Board of Education
10 and provides for appointment of the members of the State Board of Education if the
11 voters pass a constitutional amendment permitting appointment.
12 Highlighted Provisions:
13 This bill:
14 ▸ provides for partisan election of the members of the State Board of Education and
15 provides for appointment of the members of the State Board of Education if the
16 voters pass a constitutional amendment permitting appointment;
17 ▸ removes the nonvoting members from the State Board of Education;
18 ▸ modifies the reporting requirements of state board office candidates and
19 officeholders;
20 ▸ reverses the modifications described in the preceding paragraph if the voters pass a
21 constitutional amendment permitting appointment of members of the State Board of
22 Education;
23 Ŝ→ [
24 members;
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides substantive revisor instructions.
30 Utah Code Sections Affected:
31 AMENDS:
32 20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
33 20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
34 20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
35 20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
36 20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337
37 20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
38 20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
39 20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
40 53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
41 REPEALS:
42 20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
43 amended by Coordination Clause, Laws of Utah 2011, Chapter 327
44 Utah Code Sections Affected by Revisor Instructions:
45 20A-1-201, as last amended by Laws of Utah 2014, Chapter 362
46 20A-1-201.5, as last amended by Laws of Utah 2013, Chapter 320
47 20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
48 20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
49 20A-2-101.5, as last amended by Laws of Utah 2013, Chapter 263
50 20A-9-201, as last amended by Laws of Utah 2014, Chapter 17
51 20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
52 20A-11-101, as last amended by Laws of Utah 2014, Chapters 18, 158, and 337
53 20A-11-402, as last amended by Laws of Utah 2013, Chapter 320
54 20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
55 20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
56 20A-11-1302, as last amended by Laws of Utah 2011, Chapter 347
57 20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337
58 20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
59 20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
60 20A-11-1603, as last amended by Laws of Utah 2014, Chapter 18
61 20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
62 20A-14-101.5, as last amended by Laws of Utah 2013, Chapter 455
63 20A-14-102, as last amended by Laws of Utah 2013, Chapter 455
64 20A-14-102.1, as last amended by Laws of Utah 2013, Chapter 455
65 20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
66 20A-14-102.3, as last amended by Laws of Utah 2013, Chapter 455
67 20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
68 20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
69 20A-14-106, as enacted by Laws of Utah 1995, Chapter 1
70 53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
71 53A-1-109, Utah Code Annotated 1953
72 53A-1-201, as last amended by Laws of Utah 2013, Chapter 111
73 53A-1-301, as last amended by Laws of Utah 2012, Chapter 425
74
75 Be it enacted by the Legislature of the state of Utah:
76 Section 1. Section 20A-1-504 is amended to read:
77 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
78 state auditor, and lieutenant governor.
79 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
80 treasurer, [
81 for the unexpired term at the next regular general election.
82 (b) The governor shall fill the vacancy until the next regular general election by
83 appointing a person who meets the qualifications for the office from three persons nominated
84 by the state central committee of the same political party as the prior officeholder.
85 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
86 consent of the Senate, appoint a person to hold the office until the next regular general election
87 at which the governor stands for election.
88 (3) For a State Board of Education vacancy, if the individual who is being replaced is
89 not a member of a political party, the governor shall fill the vacancy, with the consent of the
90 Senate, by selecting an individual who meets the qualifications and residency requirements for
91 filling the vacancy.
92 Section 2. Section 20A-9-408 is amended to read:
93 20A-9-408. Signature-gathering nomination process for qualified political party.
94 (1) This section describes the requirements for a member of a qualified political party
95 who is seeking the nomination of the qualified political party for an elective office through the
96 signature-gathering nomination process described in this section.
97 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
98 candidacy for a member of a qualified political party who is nominated by, or who is seeking
99 the nomination of, the qualified political party under this section shall be substantially as
100 follows:
101 "State of Utah, County of ____
102 I, ______________, declare my intention of becoming a candidate for the office of
103 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
104 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
105 the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
106 any law governing campaigns and elections; I will file all campaign financial disclosure reports
107 as required by law; and I understand that failure to do so will result in my disqualification as a
108 candidate for this office and removal of my name from the ballot. The mailing address that I
109 designate for receiving official election notices is
110 ___________________________________________________________________________
111 ___________________________________________________________________________.
112 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
113 other officer qualified to administer oath)."
114 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
115 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
116 nomination of the qualified political party for an elective office that is to be filled at the next
117 general election shall:
118 (a) within the period beginning on January 1 before the next regular general election
119 and ending on the third Thursday in March of the same year, and before gathering signatures
120 under this section, file with the filing officer on a form approved by the lieutenant governor a
121 notice of intent to gather signatures for candidacy that includes:
122 (i) the name of the member who will attempt to become a candidate for a registered
123 political party under this section;
124 (ii) the name of the registered political party for which the member is seeking
125 nomination;
126 (iii) the office for which the member is seeking to become a candidate;
127 (iv) the address and telephone number of the member; and
128 (v) other information required by the lieutenant governor;
129 (b) file a declaration of candidacy, in person, with the filing officer on or after the
130 second Friday in March and before 5 p.m. on the third Thursday in March before the next
131 regular general election; and
132 (c) pay the filing fee.
133 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
134 party who, under this section, is seeking the nomination of the qualified political party for the
135 office of district attorney within a multicounty prosecution district that is to be filled at the next
136 general election shall:
137 (a) on or after January 1 before the next regular general election, and before gathering
138 signatures under this section, file with the filing officer on a form approved by the lieutenant
139 governor a notice of intent to gather signatures for candidacy that includes:
140 (i) the name of the member who will attempt to become a candidate for a registered
141 political party under this section;
142 (ii) the name of the registered political party for which the member is seeking
143 nomination;
144 (iii) the office for which the member is seeking to become a candidate;
145 (iv) the address and telephone number of the member; and
146 (v) other information required by the lieutenant governor;
147 (b) file a declaration of candidacy, in person, with the filing officer on or after the
148 second Friday in March and before 5 p.m. on the third Thursday in March before the next
149 regular general election; and
150 (c) pay the filing fee.
151 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
152 who files as the joint-ticket running mate of an individual who is nominated by a qualified
153 political party, under this section, for the office of governor shall submit a letter from the
154 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
155 mate.
156 (6) The lieutenant governor shall ensure that the certification described in Subsection
157 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
158 under this section.
159 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
160 is nominated by a qualified political party under this section, designate the qualified political
161 party that nominated the candidate.
162 (8) A member of a qualified political party may seek the nomination of the qualified
163 political party for an elective office by:
164 (a) complying with the requirements described in this section; and
165 (b) collecting signatures, on a form approved by the lieutenant governor's office, during
166 the period beginning on January 1 of an even-numbered year and ending 14 days before the day
167 on which the qualified political party's convention for the office is held, in the following
168 amounts:
169 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
170 permitted by the qualified political party to vote for the qualified political party's candidates in
171 a primary election;
172 (ii) for a congressional district race, 7,000 signatures of registered voters who are
173 residents of the congressional district and are permitted by the qualified political party to vote
174 for the qualified political party's candidates in a primary election;
175 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
176 residents of the state Senate district and are permitted by the qualified political party to vote for
177 the qualified political party's candidates in a primary election;
178 (iv) for a state House district race, 1,000 signatures of registered voters who are
179 residents of the state House district and are permitted by the qualified political party to vote for
180 the qualified political party's candidates in a primary election; [
181 (v) for a State Board of Education race, 4,000 signatures of registered voters who are
182 residents of the State Board of Education district and are permitted by the qualified political
183 party to vote for the qualified political party's candidates in a primary election; and
184 [
185 residents of the area permitted to vote for the county office and are permitted by the qualified
186 political party to vote for the qualified political party's candidates in a primary election.
187 (9) (a) In order for a member of the qualified political party to qualify as a candidate
188 for the qualified political party's nomination for an elective office under this section, the
189 member shall:
190 (i) collect the signatures on a form approved by the lieutenant governor's office, using
191 the same circulation and verification requirements described in Sections 20A-7-304 and
192 20A-7-305; and
193 (ii) submit the signatures to the election officer no later than 14 days before the day on
194 which the qualified political party holds its convention to select candidates, for the elective
195 office, for the qualified political party's nomination.
196 (b) An individual may not gather signatures under this section until after the individual
197 files a notice of intent to gather signatures for candidacy described in this section.
198 (c) An individual who files a notice of intent to gather signatures for candidacy,
199 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
200 the notice of intent to gather signatures for candidacy:
201 (i) required to comply with the reporting requirements that a candidate for office is
202 required to comply with; and
203 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
204 apply to a candidate for office in relation to the reporting requirements described in Subsection
205 (9)(c)(i).
206 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
207 election officer shall, no later than one day before the day on which the qualified political party
208 holds the convention to select a nominee for the elective office to which the signature packets
209 relate:
210 (i) check the name of each individual who completes the verification for a signature
211 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
212 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
213 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
214 (iii) determine whether each signer is a registered voter who is qualified to sign the
215 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
216 on a petition;
217 (iv) certify whether each name is that of a registered voter who is qualified to sign the
218 signature packet; and
219 (v) notify the qualified political party and the lieutenant governor of the name of each
220 member of the qualified political party who qualifies as a nominee of the qualified political
221 party, under this section, for the elective office to which the convention relates.
222 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
223 this section, the lieutenant governor shall post the notice of intent to gather signatures for
224 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
225 posts a declaration of candidacy.
226 Section 3. Section 20A-11-403 is amended to read:
227 20A-11-403. Failure to file -- Penalties.
228 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
229 governor shall review each filed summary report to ensure that:
230 (a) each officeholder that is required to file a summary report has filed one; and
231 (b) each summary report contains the information required by this part.
232 (2) If it appears that any officeholder has failed to file the summary report required by
233 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
234 governor has received a written complaint alleging a violation of the law or the falsity of any
235 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
236 violation has occurred:
237 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
238 (b) within five days of discovery of a violation or receipt of a written complaint, notify
239 the officeholder of the violation or written complaint and direct the officeholder to file a
240 summary report correcting the problem.
241 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
242 within seven days after receiving notice from the lieutenant governor under this section.
243 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
244 misdemeanor.
245 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
246 attorney general.
247 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
248 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
249 (3)(a).
250 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
251 under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[
252 lieutenant governor shall review each filed interim report to ensure that each interim report
253 contains the information required for the report.
254 (5) If it appears that any officeholder has failed to file an interim report required by
255 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
256 governor has received a written complaint alleging a violation of the law or the falsity of any
257 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
258 violation has occurred:
259 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
260 (b) within five days after the day on which the violation is discovered or a written
261 complaint is received, notify the officeholder of the violation or written complaint and direct
262 the officeholder to file an interim report correcting the problem.
263 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
264 within seven days after the day on which the officeholder receives notice from the lieutenant
265 governor under this section.
266 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
267 misdemeanor.
268 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
269 attorney general.
270 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
271 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
272 (6)(a).
273 Section 4. Section 20A-11-1301 is amended to read:
274 20A-11-1301. School board office candidate -- Campaign finance requirements --
275 Candidate as a political action committee officer -- No personal use -- Contribution
276 reporting deadline -- Report other accounts.
277 (1) (a) (i) Each school board office candidate shall deposit each contribution and public
278 service assistance received in one or more separate accounts in a financial institution that are
279 dedicated only to that purpose.
280 (ii) A school board office candidate may:
281 (A) receive a contribution or public service assistance from a political action
282 committee registered under Section 20A-11-601; and
283 (B) be designated by a political action committee as an officer who has primary
284 decision-making authority as described in Section 20A-11-601.
285 (b) A school board office candidate may not use money deposited in an account
286 described in Subsection (1)(a)(i) for:
287 (i) a personal use expenditure; or
288 (ii) an expenditure prohibited by law.
289 (2) A school board office candidate may not deposit or mingle any contributions or
290 public service assistance received into a personal or business account.
291 (3) A school board office candidate may not make any political expenditures prohibited
292 by law.
293 (4) If a person who is no longer a school board office candidate chooses not to expend
294 the money remaining in a campaign account, the person shall continue to file the year-end
295 summary report required by Section 20A-11-1302 until the statement of dissolution and final
296 summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
297 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
298 is no longer a school board office candidate may not expend or transfer the money in a
299 campaign account in a manner that would cause the former school board office candidate to
300 recognize the money as taxable income under federal tax law.
301 (b) A person who is no longer a school board office candidate may transfer the money
302 in a campaign account in a manner that would cause the former school board office candidate
303 to recognize the money as taxable income under federal tax law if the transfer is made to a
304 campaign account for federal office.
305 (6) (a) As used in this Subsection (6) [
306 means the same as that term is defined in Subsection 20A-11-1303(1)(a).
307 [
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313 (b) Each school board office candidate shall report to the chief election officer each
314 contribution and public service assistance received by the school board office candidate:
315 (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
316 the contribution or public service assistance is received; or
317 (ii) within three business days after the day on which the contribution or public service
318 assistance is received, if:
319 (A) the school board office candidate is contested in a primary election and the
320 contribution or public service assistance is received within 30 days before the day on which the
321 primary election is held; or
322 (B) the school board office candidate is contested in a general election and the
323 contribution or public service assistance is received within 30 days before the day on which the
324 general election is held.
325 (c) Except as provided in Subsection (6)(d), for each contribution or provision of
326 public service assistance that a school board office candidate fails to report within the time
327 period described in Subsection (6)(b), the chief election officer shall impose a fine against the
328 school board office candidate in an amount equal to:
329 (i) the greater of $50 or 15% of the amount of the contribution; or
330 (ii) the greater of $50 or 15% of the value of the public service assistance.
331 (d) A fine described in Subsection (6)(c) may not exceed the amount of the
332 contribution or the value of the public service assistance to which the fine relates.
333 (e) The chief election officer shall:
334 (i) deposit money received under Subsection (6)(c) into the General Fund; and
335 (ii) report on the chief election officer's website, in the location where reports relating
336 to each school board office candidate are available for public access:
337 (A) each fine imposed by the chief election officer against the school board office
338 candidate;
339 (B) the amount of the fine;
340 (C) the amount of the contribution to which the fine relates; and
341 (D) the date of the contribution.
342 (7) (a) As used in this Subsection (7), "account" means an account in a financial
343 institution:
344 (i) that is not described in Subsection (1)(a)(i); and
345 (ii) into which or from which a person who, as a candidate for an office, other than a
346 school board office for which the person files a declaration of candidacy or federal office, or as
347 a holder of an office, other than a school board office for which the person files a declaration of
348 candidacy or federal office, deposits a contribution or makes an expenditure.
349 (b) A school board office candidate shall include on any financial statement filed in
350 accordance with this part:
351 (i) a contribution deposited in an account:
352 (A) since the last campaign finance statement was filed; or
353 (B) that has not been reported under a statute or ordinance that governs the account; or
354 (ii) an expenditure made from an account:
355 (A) since the last campaign finance statement was filed; or
356 (B) that has not been reported under a statute or ordinance that governs the account.
357 Section 5. Section 20A-11-1303 is amended to read:
358 20A-11-1303. School board office candidate and school board officeholder --
359 Financial reporting requirements -- Interim reports.
360 (1) (a) As used in this section, "received" means:
361 (i) for a cash contribution, that the cash is given to a school board office candidate or a
362 member of the school board office candidate's personal campaign committee;
363 (ii) for a contribution that is a check or other negotiable instrument, that the check or
364 other negotiable instrument is negotiated; and
365 (iii) for any other type of contribution, that any portion of the contribution's benefit
366 inures to the school board office candidate.
367 [
368 campaign account required under Subsection 20A-11-1301(1)(a)(i).
369 [
370 times in any year in which the candidate has filed a declaration of candidacy for a public office:
371 [
372 (i) (A) seven days before the school board office candidate's political convention; or
373 (B) May 15, if the school board office candidate does not affiliate with a political
374 party;
375 (ii) seven days before the regular primary election date;
376 (iii) August 31; and
377 (iv) seven days before the regular general election date.
378 [
379 that has not been dissolved under Section 20A-11-1304 shall, in an even year, file an interim
380 report at the following times, regardless of whether an election for the school board office
381 holder's office is held that year:
382 [
383 (i) (A) seven days before the political convention for the political party of the school
384 board officeholder; or
385 (B) May 15, if the school board officeholder does not affiliate with a political party;
386 (ii) seven days before the regular primary election date for that year;
387 (iii) August 31; and
388 (iv) seven days before the regular general election date.
389 (2) Each interim report shall include the following information:
390 (a) the net balance of the last summary report, if any;
391 (b) a single figure equal to the total amount of receipts reported on all prior interim
392 reports, if any, during the calendar year in which the interim report is due;
393 (c) a single figure equal to the total amount of expenditures reported on all prior
394 interim reports, if any, filed during the calendar year in which the interim report is due;
395 (d) a detailed listing of each contribution and public service assistance received since
396 the last summary report that has not been reported in detail on a prior interim report;
397 (e) for each nonmonetary contribution:
398 (i) the fair market value of the contribution with that information provided by the
399 contributor; and
400 (ii) a specific description of the contribution;
401 (f) a detailed listing of each expenditure made since the last summary report that has
402 not been reported in detail on a prior interim report;
403 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
404 (h) a net balance for the year consisting of the net balance from the last summary
405 report, if any, plus all receipts since the last summary report minus all expenditures since the
406 last summary report;
407 (i) a summary page in the form required by the lieutenant governor that identifies:
408 (i) beginning balance;
409 (ii) total contributions during the period since the last statement;
410 (iii) total contributions to date;
411 (iv) total expenditures during the period since the last statement; and
412 (v) total expenditures to date; and
413 (j) the name of a political action committee for which the school board office candidate
414 or school board office holder is designated as an officer who has primary decision-making
415 authority under Section 20A-11-601.
416 (3) (a) For all individual contributions or public service assistance of $50 or less, a
417 single aggregate figure may be reported without separate detailed listings.
418 (b) Two or more contributions from the same source that have an aggregate total of
419 more than $50 may not be reported in the aggregate, but shall be reported separately.
420 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
421 as of five days before the required filing date of the report.
422 (b) Any negotiable instrument or check received by a school board office candidate or
423 school board office holder more than five days before the required filing date of a report
424 required by this section shall be included in the interim report.
425 Section 6. Section 20A-11-1305 is amended to read:
426 20A-11-1305. School board office candidate -- Failure to file statement --
427 Penalties.
428 (1) (a) A school board office candidate who fails to file a financial statement by the
429 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
430 (b) If a school board office candidate fails to file an interim report due before the
431 regular primary election, on August 31, or before the regular general election, the chief election
432 officer shall, after making a reasonable attempt to discover if the report was timely filed,
433 inform the county clerk and other appropriate election officials who:
434 (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
435 the ballots are delivered to voters; or
436 (B) shall, if removing the candidate's name from the ballot is not practicable, inform
437 the voters by any practicable method that the candidate has been disqualified and that votes
438 cast for the candidate will not be counted; and
439 (ii) may not count any votes for that candidate.
440 (c) Any school board office candidate who fails to file timely a financial statement
441 required by Subsection 20A-11-1303(1)[
442 (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
443 not disqualified and the chief election officer may not impose a fine if:
444 (i) the candidate timely files the reports required by this section in accordance with
445 Section 20A-11-103;
446 (ii) those reports are completed, detailing accurately and completely the information
447 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
448 and
449 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
450 corrected in:
451 (A) an amended report; or
452 (B) the next scheduled report.
453 (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
454 board office candidate, the lieutenant governor shall review each filed summary report to
455 ensure that:
456 (i) each school board office candidate that is required to file a summary report has filed
457 one; and
458 (ii) each summary report contains the information required by this part.
459 (b) If it appears that a school board office candidate has failed to file the summary
460 report required by law, if it appears that a filed summary report does not conform to the law, or
461 if the lieutenant governor has received a written complaint alleging a violation of the law or the
462 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
463 violation or receipt of a written complaint, notify the school board office candidate of the
464 violation or written complaint and direct the school board office candidate to file a summary
465 report correcting the problem.
466 (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
467 summary report within seven days after receiving notice from the lieutenant governor under
468 this section.
469 (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
470 class B misdemeanor.
471 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
472 attorney general.
473 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
474 governor shall impose a civil fine of $100 against a school board office candidate who violates
475 Subsection (2)(c)(i).
476 Section 7. Section 20A-14-103 is amended to read:
477 20A-14-103. State Board of Education members -- When elected -- Qualifications
478 -- Avoiding conflicts of interest.
479 (1) [
480 elected from a State Board of Education district at [
481 election shall[
482 [
483 [
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490
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492
493
494 (2) (a) A person seeking election to the State Board of Education shall have been a
495 resident of the State Board of Education district in which the person is seeking election for at
496 least one year as of the date of the election.
497 (b) A person who has resided within the State Board of Education district, as the
498 boundaries of the district exist on the date of the election, for one year immediately preceding
499 the date of the election shall be considered to have met the requirements of this Subsection (2).
500 (3) A State Board of Education member shall:
501 (a) be and remain a registered voter in the State Board of Education district from which
502 the member was elected or appointed; and
503 (b) maintain the member's primary residence within the State Board of Education
504 district from which the member was elected or appointed during the member's term of office.
505 (4) A State Board of Education member may not, during the member's term of office,
506 also serve as an employee of:
507 (a) the State Board of Education;
508 (b) the Utah State Office of Education; or
509 (c) the Utah State Office of Rehabilitation.
510 Section 8. Section 20A-14-104 is amended to read:
511 20A-14-104. Becoming a candidate for membership on the State Board of
512 Education.
513 [
514 Education shall file a declaration of candidacy according to the procedures and requirements of
515 Sections 20A-9-201 and 20A-9-202.
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586 Section 9. Section 53A-1-101 is amended to read:
587 53A-1-101. State Board of Education -- Members.
588 [
589 provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
590 [
591
592 [
593
594 [
595
596 [
597
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599
600
601
602 Section 10. Repealer.
603 This bill repeals:
604 Section 20A-14-105, Becoming a candidate for membership on the State Board of
605 Education -- Selection of candidates by the governor -- Ballot placement.
606 Section 11. Revisor instructions.
607 The Legislature intends that, if the amendment to the Utah Constitution proposed by
608 S.J.R. 5, Proposal to Amend Utah Constitution -- State Board of Education Changes, 2015
609 General Session, passes the Legislature and is approved by a majority of those voting on the
610 amendment at the next regular general election, the Office of Legislative Research and General
611 Counsel, in preparing the Utah Code database for publication shall, on January 1, 2017:
612 (1) amend Section 20A-1-201 to read:
613 "20A-1-201. Date and purpose of regular general elections.
614 (1) A regular general election shall be held throughout the state on the first Tuesday
615 after the first Monday in November of each even-numbered year.
616 (2) At the regular general election, the voters shall:
617 (a) choose persons to serve the terms established by law for the following offices:
618 (i) electors of President and Vice President of the United States;
619 (ii) United States Senators;
620 (iii) Representatives to the United States Congress;
621 (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
622 (v) senators and representatives to the Utah Legislature;
623 (vi) county officers;
624 [
625 [
626 [
627 and
628 [
629 (b) approve or reject:
630 (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
631 under procedures established in the Utah Code;
632 (ii) any proposed initiatives or referenda that have qualified for the ballot under
633 procedures established in the Utah Code; and
634 (iii) any other ballot propositions submitted to the voters that are authorized by the
635 Utah Code.
636 (3) This section:
637 (a) applies to a special service district for which the county legislative body or the
638 municipal legislative body, as applicable, has delegated authority for the special service district
639 to an administrative control board; and
640 (b) does not apply to a special service district for which the county legislative body or
641 the municipal legislative body, as applicable, has not delegated authority for the special service
642 district to an administrative control board.";
643 (2) amend Section 20A-1-201.5 to read:
644 "20A-1-201.5. Primary election dates.
645 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
646 of June of each even numbered year as provided in Section 20A-9-403, to nominate persons for
647 national, state, local school board, and county offices.
648 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
649 following the first Monday in August before the regular municipal election to nominate persons
650 for municipal offices.
651 (3) If the Legislature makes an appropriation for a Western States Presidential Primary
652 election, the Western States Presidential Primary election shall be held throughout the state on
653 the first Tuesday in February in the year in which a presidential election will be held.";
654 (3) reverse the changes made to Section 20A-1-504 by this bill so that Section
655 20A-1-504 reads:
656 "20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
657 state auditor, and lieutenant governor.
658 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
659 treasurer, or state auditor, it shall be filled for the unexpired term at the next regular general
660 election.
661 (b) The governor shall fill the vacancy until the next regular general election by
662 appointing a person who meets the qualifications for the office from three persons nominated
663 by the state central committee of the same political party as the prior officeholder.
664 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
665 consent of the Senate, appoint a person to hold the office until the next regular general election
666 at which the governor stands for election.";
667 (4) amend Section 20A-2-101.5 to read:
668 "20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold
669 office.
670 (1) As used in this section, "convicted felon" means a person convicted of a felony in
671 any state or federal court of the United States.
672 (2) Each convicted felon's right to register to vote and to vote in an election is restored
673 when:
674 (a) the felon is sentenced to probation;
675 (b) the felon is granted parole; or
676 (c) the felon has successfully completed the term of incarceration to which the felon
677 was sentenced.
678 (3) Except as provided by Subsection (4), a convicted felon's right to hold elective
679 office is restored when:
680 (a) all of the felon's felony convictions have been expunged; or
681 (b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
682 (ii) the felon has paid all court-ordered restitution and fines; and
683 (iii) for each felony conviction that has not been expunged, the felon has:
684 (A) completed probation in relation to the felony;
685 (B) been granted parole in relation to the felony; or
686 (C) successfully completed the term of incarceration associated with the felony.
687 (4) An individual who has been convicted of a grievous sexual offense, as defined in
688 Section 76-1-601, against a child, may not hold the office of [
689
690 (5) amend Section 20A-9-201 to read:
691 "20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
692 more than one political party prohibited with exceptions -- General filing and form
693 requirements -- Affidavit of impecuniosity.
694 (1) Before filing a declaration of candidacy for election to any office, a person shall:
695 (a) be a United States citizen;
696 (b) meet the legal requirements of that office; and
697 (c) if seeking a registered political party's nomination as a candidate for elective office,
698 designate that registered political party as their preferred party affiliation on their declaration of
699 candidacy.
700 (2) (a) Except as provided in Subsection (2)(b), a person may not:
701 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
702 Utah during any election year; or
703 (ii) appear on the ballot as the candidate of more than one political party.
704 (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
705 or vice president of the United States and another office, if the person resigns the person's
706 candidacy for the other office after the person is officially nominated for president or vice
707 president of the United States.
708 (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
709 one justice court judge office.
710 (iii) A person may file a declaration of candidacy for lieutenant governor even if the
711 person filed a declaration of candidacy for another office in the same election year if the person
712 withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
713 before filing the declaration of candidacy for lieutenant governor.
714 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
715 declaration of candidacy, the filing officer shall:
716 (A) read to the prospective candidate the constitutional and statutory qualification
717 requirements for the office that the candidate is seeking; and
718 (B) require the candidate to state whether or not the candidate meets those
719 requirements.
720 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
721 county clerk shall ensure that the person filing that declaration of candidacy is:
722 (A) a United States citizen;
723 (B) an attorney licensed to practice law in Utah who is an active member in good
724 standing of the Utah State Bar;
725 (C) a registered voter in the county in which the person is seeking office; and
726 (D) a current resident of the county in which the person is seeking office and either has
727 been a resident of that county for at least one year or was appointed and is currently serving as
728 county attorney and became a resident of the county within 30 days after appointment to the
729 office.
730 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
731 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
732 candidacy is:
733 (A) a United States citizen;
734 (B) an attorney licensed to practice law in Utah who is an active member in good
735 standing of the Utah State Bar;
736 (C) a registered voter in the prosecution district in which the person is seeking office;
737 and
738 (D) a current resident of the prosecution district in which the person is seeking office
739 and either will have been a resident of that prosecution district for at least one year as of the
740 date of the election or was appointed and is currently serving as district attorney and became a
741 resident of the prosecution district within 30 days after receiving appointment to the office.
742 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
743 county clerk shall ensure that the person filing the declaration of candidacy:
744 (A) as of the date of filing:
745 (I) is a United States citizen;
746 (II) is a registered voter in the county in which the person seeks office;
747 (III) (Aa) has successfully met the standards and training requirements established for
748 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
749 Certification Act; or
750 (Bb) has met the waiver requirements in Section 53-6-206; and
751 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
752 53-13-103; and
753 (B) as of the date of the election, shall have been a resident of the county in which the
754 person seeks office for at least one year.
755 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
756 governor, state auditor, state treasurer, attorney general, or state legislator, [
757
758 (A) that the person filing the declaration of candidacy also files the financial disclosure
759 required by Section 20A-11-1603; and
760 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
761 provided to the lieutenant governor according to the procedures and requirements of Section
762 20A-11-1603.
763 (b) If the prospective candidate states that the qualification requirements for the office
764 are not met, the filing officer may not accept the prospective candidate's declaration of
765 candidacy.
766 (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
767 requirements of candidacy are met, the filing officer shall:
768 (i) inform the candidate that:
769 (A) the candidate's name will appear on the ballot as it is written on the declaration of
770 candidacy;
771 (B) the candidate may be required to comply with state or local campaign finance
772 disclosure laws; and
773 (C) the candidate is required to file a financial statement before the candidate's political
774 convention under:
775 (I) Section 20A-11-204 for a candidate for constitutional office;
776 (II) Section 20A-11-303 for a candidate for the Legislature; or
777 (III) local campaign finance disclosure laws, if applicable;
778 (ii) except for a presidential candidate, provide the candidate with a copy of the current
779 campaign financial disclosure laws for the office the candidate is seeking and inform the
780 candidate that failure to comply will result in disqualification as a candidate and removal of the
781 candidate's name from the ballot;
782 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
783 Electronic Voter Information Website Program and inform the candidate of the submission
784 deadline under Subsection 20A-7-801(4)(a);
785 (iv) provide the candidate with a copy of the pledge of fair campaign practices
786 described under Section 20A-9-206 and inform the candidate that:
787 (A) signing the pledge is voluntary; and
788 (B) signed pledges shall be filed with the filing officer;
789 (v) accept the candidate's declaration of candidacy; and
790 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
791 declaration of candidacy to the chair of the county or state political party of which the
792 candidate is a member.
793 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
794 officer shall:
795 (i) accept the candidate's pledge; and
796 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
797 candidate's pledge to the chair of the county or state political party of which the candidate is a
798 member.
799 (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall
800 be substantially as follows:
801 "State of Utah, County of ____
802 I, ______________, declare my candidacy for the office of ____, seeking the
803 nomination of the ____ party, which is my preferred political party affiliation. I do solemnly
804 swear that: I will meet the qualifications to hold the office, both legally and constitutionally, if
805 selected; I reside at _____________ in the City or Town of ____, Utah, Zip Code ____ Phone
806 No. ____; I will not knowingly violate any law governing campaigns and elections; I will file
807 all campaign financial disclosure reports as required by law; and I understand that failure to do
808 so will result in my disqualification as a candidate for this office and removal of my name from
809 the ballot. The mailing address that I designate for receiving official election notices is
810 ___________________________.
811 ____________________________________________________________________
812 Subscribed and sworn before me this __________(month\day\year).
813
Notary Public (or other officer qualified to administer oath.)"
814 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
815 may not sign the form described in Subsection (4)(a).
816 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
817 is:
818 (i) $50 for candidates for the local school district board; and
819 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
820 person holding the office for all other federal, state, and county offices.
821 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
822 any candidate:
823 (i) who is disqualified; or
824 (ii) who the filing officer determines has filed improperly.
825 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
826 from candidates.
827 (ii) The lieutenant governor shall:
828 (A) apportion to and pay to the county treasurers of the various counties all fees
829 received for filing of nomination certificates or acceptances; and
830 (B) ensure that each county receives that proportion of the total amount paid to the
831 lieutenant governor from the congressional district that the total vote of that county for all
832 candidates for representative in Congress bears to the total vote of all counties within the
833 congressional district for all candidates for representative in Congress.
834 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
835 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
836 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
837 a financial statement filed at the time the affidavit is submitted.
838 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
839 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
840 statement filed under this section shall be subject to the criminal penalties provided under
841 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
842 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
843 considered an offense under this title for the purposes of assessing the penalties provided in
844 Subsection 20A-1-609(2).
845 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
846 substantially the following form:
847 "Affidavit of Impecuniosity
848 Individual Name
849 ____________________________Address_____________________________
850 Phone Number _________________
851 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
852 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
853 law.
854 Date ______________ Signature________________________________________________
855 Affiant
856 Subscribed and sworn to before me on ___________ (month\day\year)
857
______________________
858
(signature)
859 Name and Title of Officer Authorized to Administer Oath
______________________"
860 (v) The filing officer shall provide to a person who requests an affidavit of
861 impecuniosity a statement printed in substantially the following form, which may be included
862 on the affidavit of impecuniosity:
863 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
864 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
865 penalties, will be removed from the ballot."
866 (vi) The filing officer may request that a person who makes a claim of impecuniosity
867 under this Subsection (5)(d) file a financial statement on a form prepared by the election
868 official.
869 (6) (a) If there is no legislative appropriation for the Western States Presidential
870 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
871 president of the United States who is affiliated with a registered political party and chooses to
872 participate in the regular primary election shall:
873 (i) file a declaration of candidacy, in person or via a designated agent, with the
874 lieutenant governor:
875 (A) on a form developed and provided by the lieutenant governor; and
876 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
877 March before the next regular primary election;
878 (ii) identify the registered political party whose nomination the candidate is seeking;
879 (iii) provide a letter from the registered political party certifying that the candidate may
880 participate as a candidate for that party in that party's presidential primary election; and
881 (iv) pay the filing fee of $500.
882 (b) An agent designated to file a declaration of candidacy may not sign the form
883 described in Subsection (6)(a)(i)(A).
884 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
885 within the time provided in this chapter is ineligible for nomination to office.
886 (8) A declaration of candidacy filed under this section may not be amended or
887 modified after the final date established for filing a declaration of candidacy.";
888 (6) reverse the changes made to Section 20A-9-408 by this bill so that Section
889 20A-9-408 reads:
890 "20A-9-408. Signature-gathering nomination process for qualified political party.
891 (1) This section describes the requirements for a member of a qualified political party
892 who is seeking the nomination of the qualified political party for an elective office through the
893 signature-gathering nomination process described in this section.
894 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
895 candidacy for a member of a qualified political party who is nominated by, or who is seeking
896 the nomination of, the qualified political party under this section shall be substantially as
897 follows:
898 "State of Utah, County of ____
899 I, ______________, declare my intention of becoming a candidate for the office of
900 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
901 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
902 the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
903 any law governing campaigns and elections; I will file all campaign financial disclosure reports
904 as required by law; and I understand that failure to do so will result in my disqualification as a
905 candidate for this office and removal of my name from the ballot. The mailing address that I
906 designate for receiving official election notices is
907 ___________________________________________________________________________
908 ___________________________________________________________________________.
909 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
910 other officer qualified to administer oath)."
911 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
912 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
913 nomination of the qualified political party for an elective office that is to be filled at the next
914 general election shall:
915 (a) within the period beginning on January 1 before the next regular general election
916 and ending on the third Thursday in March of the same year, and before gathering signatures
917 under this section, file with the filing officer on a form approved by the lieutenant governor a
918 notice of intent to gather signatures for candidacy that includes:
919 (i) the name of the member who will attempt to become a candidate for a registered
920 political party under this section;
921 (ii) the name of the registered political party for which the member is seeking
922 nomination;
923 (iii) the office for which the member is seeking to become a candidate;
924 (iv) the address and telephone number of the member; and
925 (v) other information required by the lieutenant governor;
926 (b) file a declaration of candidacy, in person, with the filing officer on or after the
927 second Friday in March and before 5 p.m. on the third Thursday in March before the next
928 regular general election; and
929 (c) pay the filing fee.
930 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
931 party who, under this section, is seeking the nomination of the qualified political party for the
932 office of district attorney within a multicounty prosecution district that is to be filled at the next
933 general election shall:
934 (a) on or after January 1 before the next regular general election, and before gathering
935 signatures under this section, file with the filing officer on a form approved by the lieutenant
936 governor a notice of intent to gather signatures for candidacy that includes:
937 (i) the name of the member who will attempt to become a candidate for a registered
938 political party under this section;
939 (ii) the name of the registered political party for which the member is seeking
940 nomination;
941 (iii) the office for which the member is seeking to become a candidate;
942 (iv) the address and telephone number of the member; and
943 (v) other information required by the lieutenant governor;
944 (b) file a declaration of candidacy, in person, with the filing officer on or after the
945 second Friday in March and before 5 p.m. on the third Thursday in March before the next
946 regular general election; and
947 (c) pay the filing fee.
948 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
949 who files as the joint-ticket running mate of an individual who is nominated by a qualified
950 political party, under this section, for the office of governor shall submit a letter from the
951 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
952 mate.
953 (6) The lieutenant governor shall ensure that the certification described in Subsection
954 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
955 under this section.
956 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
957 is nominated by a qualified political party under this section, designate the qualified political
958 party that nominated the candidate.
959 (8) A member of a qualified political party may seek the nomination of the qualified
960 political party for an elective office by:
961 (a) complying with the requirements described in this section; and
962 (b) collecting signatures, on a form approved by the lieutenant governor's office, during
963 the period beginning on January 1 of an even-numbered year and ending 14 days before the day
964 on which the qualified political party's convention for the office is held, in the following
965 amounts:
966 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
967 permitted by the qualified political party to vote for the qualified political party's candidates in
968 a primary election;
969 (ii) for a congressional district race, 7,000 signatures of registered voters who are
970 residents of the congressional district and are permitted by the qualified political party to vote
971 for the qualified political party's candidates in a primary election;
972 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
973 residents of the state Senate district and are permitted by the qualified political party to vote for
974 the qualified political party's candidates in a primary election;
975 (iv) for a state House district race, 1,000 signatures of registered voters who are
976 residents of the state House district and are permitted by the qualified political party to vote for
977 the qualified political party's candidates in a primary election; and
978 (v) for a county office race, signatures of 3% of the registered voters who are residents
979 of the area permitted to vote for the county office and are permitted by the qualified political
980 party to vote for the qualified political party's candidates in a primary election.
981 (9) (a) In order for a member of the qualified political party to qualify as a candidate
982 for the qualified political party's nomination for an elective office under this section, the
983 member shall:
984 (i) collect the signatures on a form approved by the lieutenant governor's office, using
985 the same circulation and verification requirements described in Sections 20A-7-304 and
986 20A-7-305; and
987 (ii) submit the signatures to the election officer no later than 14 days before the day on
988 which the qualified political party holds its convention to select candidates, for the elective
989 office, for the qualified political party's nomination.
990 (b) An individual may not gather signatures under this section until after the individual
991 files a notice of intent to gather signatures for candidacy described in this section.
992 (c) An individual who files a notice of intent to gather signatures for candidacy,
993 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
994 the notice of intent to gather signatures for candidacy:
995 (i) required to comply with the reporting requirements that a candidate for office is
996 required to comply with; and
997 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
998 apply to a candidate for office in relation to the reporting requirements described in Subsection
999 (9)(c)(i).
1000 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1001 election officer shall, no later than one day before the day on which the qualified political party
1002 holds the convention to select a nominee for the elective office to which the signature packets
1003 relate:
1004 (i) check the name of each individual who completes the verification for a signature
1005 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1006 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1007 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1008 (iii) determine whether each signer is a registered voter who is qualified to sign the
1009 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1010 on a petition;
1011 (iv) certify whether each name is that of a registered voter who is qualified to sign the
1012 signature packet; and
1013 (v) notify the qualified political party and the lieutenant governor of the name of each
1014 member of the qualified political party who qualifies as a nominee of the qualified political
1015 party, under this section, for the elective office to which the convention relates.
1016 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
1017 this section, the lieutenant governor shall post the notice of intent to gather signatures for
1018 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1019 posts a declaration of candidacy.";
1020 (7) amend Section 20A-11-101 to read:
1021 "20A-11-101. Definitions.
1022 As used in this chapter:
1023 (1) "Address" means the number and street where an individual resides or where a
1024 reporting entity has its principal office.
1025 (2) "Agent of a reporting entity" means:
1026 (a) a person acting on behalf of a reporting entity at the direction of the reporting
1027 entity;
1028 (b) a person employed by a reporting entity in the reporting entity's capacity as a
1029 reporting entity;
1030 (c) the personal campaign committee of a candidate or officeholder;
1031 (d) a member of the personal campaign committee of a candidate or officeholder in the
1032 member's capacity as a member of the personal campaign committee of the candidate or
1033 officeholder; or
1034 (e) a political consultant of a reporting entity.
1035 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1036 amendments, and any other ballot propositions submitted to the voters that are authorized by
1037 the Utah Code Annotated 1953.
1038 (4) "Candidate" means any person who:
1039 (a) files a declaration of candidacy for a public office; or
1040 (b) receives contributions, makes expenditures, or gives consent for any other person to
1041 receive contributions or make expenditures to bring about the person's nomination or election
1042 to a public office.
1043 (5) "Chief election officer" means:
1044 (a) the lieutenant governor for state office candidates, legislative office candidates,
1045 officeholders, political parties, political action committees, corporations, political issues
1046 committees, [
1047 Section 20A-11-1501; and
1048 (b) the county clerk for local school board candidates.
1049 (6) (a) "Contribution" means any of the following when done for political purposes:
1050 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1051 value given to the filing entity;
1052 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1053 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1054 anything of value to the filing entity;
1055 (iii) any transfer of funds from another reporting entity to the filing entity;
1056 (iv) compensation paid by any person or reporting entity other than the filing entity for
1057 personal services provided without charge to the filing entity;
1058 (v) remuneration from:
1059 (A) any organization or its directly affiliated organization that has a registered lobbyist;
1060 or
1061 (B) any agency or subdivision of the state, including school districts;
1062 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
1063 (vii) in-kind contributions.
1064 (b) "Contribution" does not include:
1065 (i) services provided by individuals volunteering a portion or all of their time on behalf
1066 of the filing entity if the services are provided without compensation by the filing entity or any
1067 other person;
1068 (ii) money lent to the filing entity by a financial institution in the ordinary course of
1069 business; or
1070 (iii) goods or services provided for the benefit of a candidate or political party at less
1071 than fair market value that are not authorized by or coordinated with the candidate or political
1072 party.
1073 (7) "Coordinated with" means that goods or services provided for the benefit of a
1074 candidate or political party are provided:
1075 (a) with the candidate's or political party's prior knowledge, if the candidate or political
1076 party does not object;
1077 (b) by agreement with the candidate or political party;
1078 (c) in coordination with the candidate or political party; or
1079 (d) using official logos, slogans, and similar elements belonging to a candidate or
1080 political party.
1081 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1082 organization that is registered as a corporation or is authorized to do business in a state and
1083 makes any expenditure from corporate funds for:
1084 (i) the purpose of expressly advocating for political purposes; or
1085 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1086 proposition.
1087 (b) "Corporation" does not mean:
1088 (i) a business organization's political action committee or political issues committee; or
1089 (ii) a business entity organized as a partnership or a sole proprietorship.
1090 (9) "County political party" means, for each registered political party, all of the persons
1091 within a single county who, under definitions established by the political party, are members of
1092 the registered political party.
1093 (10) "County political party officer" means a person whose name is required to be
1094 submitted by a county political party to the lieutenant governor in accordance with Section
1095 20A-8-402.
1096 (11) "Detailed listing" means:
1097 (a) for each contribution or public service assistance:
1098 (i) the name and address of the individual or source making the contribution or public
1099 service assistance;
1100 (ii) the amount or value of the contribution or public service assistance; and
1101 (iii) the date the contribution or public service assistance was made; and
1102 (b) for each expenditure:
1103 (i) the amount of the expenditure;
1104 (ii) the person or entity to whom it was disbursed;
1105 (iii) the specific purpose, item, or service acquired by the expenditure; and
1106 (iv) the date the expenditure was made.
1107 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
1108 for membership in the corporation, to a corporation without receiving full and adequate
1109 consideration for the money.
1110 (b) "Donor" does not include a person that signs a statement that the corporation may
1111 not use the money for an expenditure or political issues expenditure.
1112 (13) "Election" means each:
1113 (a) regular general election;
1114 (b) regular primary election; and
1115 (c) special election at which candidates are eliminated and selected.
1116 (14) "Electioneering communication" means a communication that:
1117 (a) has at least a value of $10,000;
1118 (b) clearly identifies a candidate or judge; and
1119 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1120 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1121 identified candidate's or judge's election date.
1122 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
1123 agent of a reporting entity on behalf of the reporting entity:
1124 (i) any disbursement from contributions, receipts, or from the separate bank account
1125 required by this chapter;
1126 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1127 or anything of value made for political purposes;
1128 (iii) an express, legally enforceable contract, promise, or agreement to make any
1129 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1130 value for political purposes;
1131 (iv) compensation paid by a filing entity for personal services rendered by a person
1132 without charge to a reporting entity;
1133 (v) a transfer of funds between the filing entity and a candidate's personal campaign
1134 committee; or
1135 (vi) goods or services provided by the filing entity to or for the benefit of another
1136 reporting entity for political purposes at less than fair market value.
1137 (b) "Expenditure" does not include:
1138 (i) services provided without compensation by individuals volunteering a portion or all
1139 of their time on behalf of a reporting entity;
1140 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1141 business; or
1142 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
1143 candidates for office or officeholders in states other than Utah.
1144 (16) "Federal office" means the office of president of the United States, United States
1145 Senator, or United States Representative.
1146 (17) "Filing entity" means the reporting entity that is required to file a financial
1147 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1148 (18) "Financial statement" includes any summary report, interim report, verified
1149 financial statement, or other statement disclosing contributions, expenditures, receipts,
1150 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1151 Retention Elections.
1152 (19) "Governing board" means the individual or group of individuals that determine the
1153 candidates and committees that will receive expenditures from a political action committee,
1154 political party, or corporation.
1155 (20) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
1156 Incorporation, by which a geographical area becomes legally recognized as a city or town.
1157 (21) "Incorporation election" means the election authorized by Section 10-2-111 or
1158 10-2-127.
1159 (22) "Incorporation petition" means a petition authorized by Section 10-2-109 or
1160 10-2-125.
1161 (23) "Individual" means a natural person.
1162 (24) "In-kind contribution" means anything of value, other than money, that is accepted
1163 by or coordinated with a filing entity.
1164 (25) "Interim report" means a report identifying the contributions received and
1165 expenditures made since the last report.
1166 (26) "Legislative office" means the office of state senator, state representative, speaker
1167 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
1168 whip of any party caucus in either house of the Legislature.
1169 (27) "Legislative office candidate" means a person who:
1170 (a) files a declaration of candidacy for the office of state senator or state representative;
1171 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1172 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
1173 assistant whip of any party caucus in either house of the Legislature; or
1174 (c) receives contributions, makes expenditures, or gives consent for any other person to
1175 receive contributions or make expenditures to bring about the person's nomination, election, or
1176 appointment to a legislative office.
1177 (28) "Major political party" means either of the two registered political parties that
1178 have the greatest number of members elected to the two houses of the Legislature.
1179 (29) "Officeholder" means a person who holds a public office.
1180 (30) "Party committee" means any committee organized by or authorized by the
1181 governing board of a registered political party.
1182 (31) "Person" means both natural and legal persons, including individuals, business
1183 organizations, personal campaign committees, party committees, political action committees,
1184 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
1185 (32) "Personal campaign committee" means the committee appointed by a candidate to
1186 act for the candidate as provided in this chapter.
1187 (33) "Personal use expenditure" has the same meaning as provided under Section
1188 20A-11-104.
1189 (34) (a) "Political action committee" means an entity, or any group of individuals or
1190 entities within or outside this state, a major purpose of which is to:
1191 (i) solicit or receive contributions from any other person, group, or entity for political
1192 purposes; or
1193 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1194 vote for or against any candidate or person seeking election to a municipal or county office.
1195 (b) "Political action committee" includes groups affiliated with a registered political
1196 party but not authorized or organized by the governing board of the registered political party
1197 that receive contributions or makes expenditures for political purposes.
1198 (c) "Political action committee" does not mean:
1199 (i) a party committee;
1200 (ii) any entity that provides goods or services to a candidate or committee in the regular
1201 course of its business at the same price that would be provided to the general public;
1202 (iii) an individual;
1203 (iv) individuals who are related and who make contributions from a joint checking
1204 account;
1205 (v) a corporation, except a corporation a major purpose of which is to act as a political
1206 action committee; or
1207 (vi) a personal campaign committee.
1208 (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
1209 by another person on behalf of and with the knowledge of the reporting entity, to provide
1210 political advice to the reporting entity.
1211 (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
1212 where the person:
1213 (i) has already been paid, with money or other consideration;
1214 (ii) expects to be paid in the future, with money or other consideration; or
1215 (iii) understands that the person may, in the discretion of the reporting entity or another
1216 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
1217 money or other consideration.
1218 (36) "Political convention" means a county or state political convention held by a
1219 registered political party to select candidates.
1220 (37) (a) "Political issues committee" means an entity, or any group of individuals or
1221 entities within or outside this state, a major purpose of which is to:
1222 (i) solicit or receive donations from any other person, group, or entity to assist in
1223 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1224 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1225 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1226 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1227 proposed ballot proposition or an incorporation in an incorporation election; or
1228 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1229 ballot or to assist in keeping a ballot proposition off the ballot.
1230 (b) "Political issues committee" does not mean:
1231 (i) a registered political party or a party committee;
1232 (ii) any entity that provides goods or services to an individual or committee in the
1233 regular course of its business at the same price that would be provided to the general public;
1234 (iii) an individual;
1235 (iv) individuals who are related and who make contributions from a joint checking
1236 account; or
1237 (v) a corporation, except a corporation a major purpose of which is to act as a political
1238 issues committee.
1239 (38) (a) "Political issues contribution" means any of the following:
1240 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1241 anything of value given to a political issues committee;
1242 (ii) an express, legally enforceable contract, promise, or agreement to make a political
1243 issues donation to influence the approval or defeat of any ballot proposition;
1244 (iii) any transfer of funds received by a political issues committee from a reporting
1245 entity;
1246 (iv) compensation paid by another reporting entity for personal services rendered
1247 without charge to a political issues committee; and
1248 (v) goods or services provided to or for the benefit of a political issues committee at
1249 less than fair market value.
1250 (b) "Political issues contribution" does not include:
1251 (i) services provided without compensation by individuals volunteering a portion or all
1252 of their time on behalf of a political issues committee; or
1253 (ii) money lent to a political issues committee by a financial institution in the ordinary
1254 course of business.
1255 (39) (a) "Political issues expenditure" means any of the following when made by a
1256 political issues committee or on behalf of a political issues committee by an agent of the
1257 reporting entity:
1258 (i) any payment from political issues contributions made for the purpose of influencing
1259 the approval or the defeat of:
1260 (A) a ballot proposition; or
1261 (B) an incorporation petition or incorporation election;
1262 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1263 the express purpose of influencing the approval or the defeat of:
1264 (A) a ballot proposition; or
1265 (B) an incorporation petition or incorporation election;
1266 (iii) an express, legally enforceable contract, promise, or agreement to make any
1267 political issues expenditure;
1268 (iv) compensation paid by a reporting entity for personal services rendered by a person
1269 without charge to a political issues committee; or
1270 (v) goods or services provided to or for the benefit of another reporting entity at less
1271 than fair market value.
1272 (b) "Political issues expenditure" does not include:
1273 (i) services provided without compensation by individuals volunteering a portion or all
1274 of their time on behalf of a political issues committee; or
1275 (ii) money lent to a political issues committee by a financial institution in the ordinary
1276 course of business.
1277 (40) "Political purposes" means an act done with the intent or in a way to influence or
1278 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1279 against any candidate or a person seeking a municipal or county office at any caucus, political
1280 convention, or election.
1281 (41) (a) "Poll" means the survey of a person regarding the person's opinion or
1282 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
1283 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
1284 person or by telephone, facsimile, Internet, postal mail, or email.
1285 (b) "Poll" does not include:
1286 (i) a ballot; or
1287 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
1288 (A) the focus group consists of more than three, and less than thirteen, individuals; and
1289 (B) all individuals in the focus group are present during the interview.
1290 (42) "Primary election" means any regular primary election held under the election
1291 laws.
1292 [
1293 individuals sharing a common occupation, interest, or association that contribute to a political
1294 action committee or political issues committee and whose names can be obtained by contacting
1295 the political action committee or political issues committee upon whose financial statement the
1296 individuals are listed.
1297 [
1298 auditor, state treasurer, attorney general, [
1299 representative, speaker of the House of Representatives, president of the Senate, and the leader,
1300 whip, and assistant whip of any party caucus in either house of the Legislature.
1301 [
1302 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
1303 communicate with the officeholder's constituents:
1304 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1305 money or anything of value to an officeholder; or
1306 (ii) goods or services provided at less than fair market value to or for the benefit of the
1307 officeholder.
1308 (b) "Public service assistance" does not include:
1309 (i) anything provided by the state;
1310 (ii) services provided without compensation by individuals volunteering a portion or all
1311 of their time on behalf of an officeholder;
1312 (iii) money lent to an officeholder by a financial institution in the ordinary course of
1313 business;
1314 (iv) news coverage or any publication by the news media; or
1315 (v) any article, story, or other coverage as part of any regular publication of any
1316 organization unless substantially all the publication is devoted to information about the
1317 officeholder.
1318 (46) "Receipts" means contributions and public service assistance.
1319 (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
1320 Lobbyist Disclosure and Regulation Act.
1321 (48) "Registered political action committee" means any political action committee that
1322 is required by this chapter to file a statement of organization with the Office of the Lieutenant
1323 Governor.
1324 (49) "Registered political issues committee" means any political issues committee that
1325 is required by this chapter to file a statement of organization with the Office of the Lieutenant
1326 Governor.
1327 (50) "Registered political party" means an organization of voters that:
1328 (a) participated in the last regular general election and polled a total vote equal to 2%
1329 or more of the total votes cast for all candidates for the United States House of Representatives
1330 for any of its candidates for any office; or
1331 (b) has complied with the petition and organizing procedures of Chapter 8, Political
1332 Party Formation and Procedures.
1333 (51) (a) "Remuneration" means a payment:
1334 (i) made to a legislator for the period the Legislature is in session; and
1335 (ii) that is approximately equivalent to an amount a legislator would have earned
1336 during the period the Legislature is in session in the legislator's ordinary course of business.
1337 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1338 (i) the legislator's primary employer in the ordinary course of business; or
1339 (ii) a person or entity in the ordinary course of business:
1340 (A) because of the legislator's ownership interest in the entity; or
1341 (B) for services rendered by the legislator on behalf of the person or entity.
1342 (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1343 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
1344 action committee, a political issues committee, a corporation, or a labor organization, as
1345 defined in Section 20A-11-1501.
1346 [
1347 [
1348 tangible or intangible asset that comprises the contribution.
1349 (b) "Source" means, for political action committees and corporations, the political
1350 action committee and the corporation as entities, not the contributors to the political action
1351 committee or the owners or shareholders of the corporation.
1352 [
1353 general, state auditor, and state treasurer.
1354 [
1355 (a) files a declaration of candidacy for a state office; or
1356 (b) receives contributions, makes expenditures, or gives consent for any other person to
1357 receive contributions or make expenditures to bring about the person's nomination, election, or
1358 appointment to a state office.
1359 [
1360 reporting entity's contributions and expenditures.
1361 [
1362 allocate expenditures from a political issues committee.";
1363 (8) amend Section 20A-11-402 to read:
1364 "20A-11-402. Officeholder financial reporting requirements -- Termination of
1365 duty to report.
1366 (1) An officeholder is active and subject to reporting requirements until the
1367 officeholder has filed a statement of dissolution with the lieutenant governor stating that:
1368 (a) the officeholder is no longer receiving contributions or public service assistance and
1369 is no longer making expenditures;
1370 (b) the ending balance on the last summary report filed is zero and the balance in the
1371 separate bank account required by Section 20A-11-201[
1372 zero; and
1373 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
1374 balance is attached to the statement of dissolution.
1375 (2) A statement of dissolution and a final summary report may be filed at any time.
1376 (3) Each officeholder shall continue to file the year-end summary report required by
1377 Section 20A-11-401 until the statement of dissolution and final summary report required by
1378 this section are filed with the lieutenant governor.
1379 (4) An officeholder may not use a contribution deposited in an account in accordance
1380 with this chapter for:
1381 (a) a personal use expenditure; or
1382 (b) an expenditure prohibited by law.
1383 (5) (a) Except as provided in Subsection (5)(b), a person who is no longer an
1384 officeholder may not expend or transfer the money in a campaign account in a manner that
1385 would cause the former officeholder to recognize the money as taxable income under federal
1386 tax law.
1387 (b) A person who is no longer an officeholder may transfer the money in a campaign
1388 account in a manner that would cause the former officeholder to recognize the money as
1389 taxable income under federal tax law if the transfer is made to a campaign account for federal
1390 office.";
1391 (9) reverse the changes made to Section 20A-11-403 in Section 3 of this bill and
1392 amend Section 20A-11-403 to read:
1393 "20A-11-403. Failure to file -- Penalties.
1394 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
1395 governor shall review each filed summary report to ensure that:
1396 (a) each officeholder that is required to file a summary report has filed one; and
1397 (b) each summary report contains the information required by this part.
1398 (2) If it appears that any officeholder has failed to file the summary report required by
1399 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
1400 governor has received a written complaint alleging a violation of the law or the falsity of any
1401 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
1402 violation has occurred:
1403 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1404 (b) within five days of discovery of a violation or receipt of a written complaint, notify
1405 the officeholder of the violation or written complaint and direct the officeholder to file a
1406 summary report correcting the problem.
1407 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
1408 within seven days after receiving notice from the lieutenant governor under this section.
1409 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
1410 misdemeanor.
1411 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
1412 attorney general.
1413 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
1414 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1415 (3)(a).
1416 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
1417 under Subsection 20A-11-204(1)(c)[
1418 lieutenant governor shall review each filed interim report to ensure that each interim report
1419 contains the information required for the report.
1420 (5) If it appears that any officeholder has failed to file an interim report required by
1421 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
1422 governor has received a written complaint alleging a violation of the law or the falsity of any
1423 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
1424 violation has occurred:
1425 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
1426 (b) within five days after the day on which the violation is discovered or a written
1427 complaint is received, notify the officeholder of the violation or written complaint and direct
1428 the officeholder to file an interim report correcting the problem.
1429 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
1430 within seven days after the day on which the officeholder receives notice from the lieutenant
1431 governor under this section.
1432 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
1433 misdemeanor.
1434 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
1435 attorney general.
1436 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
1437 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
1438 (6)(a).";
1439 (10) amend Section 20A-11-1603 to read:
1440 "20A-11-1603. Financial disclosure form -- Required when filing for candidacy --
1441 Public availability.
1442 (1) [
1443 constitutional officer or state legislator shall file a financial disclosure with the filing officer at
1444 the time of filing a declaration of candidacy[
1445 [
1446 [
1447 [
1448 (2) A filing officer may not accept a declaration of candidacy for an office listed in
1449 Subsection (1) unless the declaration of candidacy is accompanied by the financial disclosure
1450 required by this section.
1451 (3) The financial disclosure form shall contain the same requirements and shall be in
1452 the same format as the financial disclosure form described in Section 20A-11-1604.
1453 (4) The financial disclosure form shall:
1454 (a) be made available for public inspection at the filing officer's place of business;
1455 (b) if the filing officer is an individual other than the lieutenant governor, be provided
1456 to the lieutenant governor within five business days of the date of filing and be made publicly
1457 available at the Office of the Lieutenant Governor; and
1458 (c) be made publicly available on the Statewide Electronic Voter Information Website
1459 administered by the lieutenant governor.";
1460 (11) renumber Section 20A-14-101.1 as Section 53A-1-107 and amend to read:
1461 "[
1462 As used in this part:
1463 (1) "Board" means the State Board of Education.
1464 (2) "Board block assignment file" means the electronic file that assigns each of Utah's
1465 115,406 census blocks to a particular State Board of Education district.
1466 (3) "Board shapefile" means the electronic shapefile that stores:
1467 Ŝ→ [
1467a [
1468 December 31, 2022; and
1469 (b) the boundary of each of the nine State Board of Education districts beginning on
1470 January 1, 2023.
1471 (4) "Census block" means any one of the 115,406 individual geographic areas into
1472 which the Bureau of the Census of the United States Department of Commerce has divided the
1473 state of Utah, to each of which the Bureau of the Census has attached a discrete population
1474 tabulation from the 2010 decennial census.
1475 (5) "Shapefile" means the digital vector storage format for storing geometric location
1476 and associated attribute information.";
1477 (12) renumber Section 20A-14-101.5 as Section 53A-1-108 and amend to read:
1478 "[
1479 [
1480 [
1481
1482 [
1483
1484 [
1485
1486 [
1487
1488 [
1489
1490 [
1491 Bureau of the Census of the United States Department of Commerce developed in connection
1492 with the taking of the 2010 national decennial census as the official data for establishing State
1493 Board of Education district boundaries.
1494 [
1495 population figures and maps of the Bureau of the Census of the United States Department of
1496 Commerce developed in connection with the taking of the 2020 national decennial census as
1497 the official data for establishing State Board of Education district boundaries.
1498 (b) Using the data described in Subsection (2), the Legislature shall divide the state
1499 into Ŝ→ [
1500 (3) (a) Notwithstanding [
1501 the district numbers and boundaries of the State Board of Education districts designated in the
1502 board shapefile [
1503 (b) [
1504 Education district boundaries generated from that board shapefile, may be accessed via the
1505 Utah Legislature's website.";
1506 (13) enact Section 53A-1-109 to read:
1507 "53A-1-109. State Board of Education -- Members.
1508 (1) A member of the State Board of Education shall:
1509 (a) be appointed by the Governor, with the consent of the senate; and
1510 (b) reside in and represent a State Board of Education district, described in Section
1511 53A-1-108.
1512 (2) Ŝ→ [
1512a ←Ŝ .
1513 Ŝ→ [
1514 (3) A board member shall, during the member's term of office, maintain the member's
1515 primary residence within the State Board of Education district that the member is appointed to
1516 represent.
1517 (4) An individual who has been convicted of a grievous sexual offense, as defined in
1518 Section 76-1-601, against a child, may not serve as a member of the board.
1519 (5) The governor shall appoint the members of the board, as the terms of existing
1520 members end, as follows:
1521 (a) for terms beginning on January 1, 2019, the governor shall appoint board members
1522 residing in districts 1, 2, 3, 5, 6, 9, and 14 to terms of four years; and
1523 (b) for terms beginning on January 1, 2021, the governor shall appoint board members
1524 residing in districts 4, 7, 8, 10, 11, 12, 13, and 15 to terms of Ŝ→ [
1525 Ŝ→ [
1526 January 1, 2023, with one member residing in and representing each of the nine districts
1527 described in Subsection 53A-1-108(2) as follows:
1528 (a) the governor shall appoint five members to four-year terms; and
1529 (b) the governor shall appoint four members to two-year terms.
1530 (7)
1531 that board member, the governor shall appoint, with the consent of the Senate, an individual
1532 who resides in the applicable State Board of Education district to serve on the board for the
1533 remainder of the term of that board member.
1534 (b) The governor may remove an individual from the board for cause.
1535 (c) Except as provided in Subsection Ŝ→ [
1536 individual to more than two consecutive terms as a member of the board.
1537 (d) The governor may appoint an individual appointed under Subsection Ŝ→ [
1538
1538a term
1539 served by the board member.
1540 Ŝ→ [
1540a until the
1541 member's replacement is appointed by the governor and confirmed by the Senate.
1542 Ŝ→ [
1542a an
1543 employee of:
1544 (a) the State Board of Education;
1545 (b) the Utah State Office of Education; or
1546 (c) the Utah State Office of Rehabilitation.";
1547 (14) amend Section 53A-1-301 to read:
1548 "53A-1-301. Appointment -- Qualifications -- Duties.
1549 (1) (a) The State Board of Education, upon approval from the governor and with the
1550 consent of the Senate, shall appoint a superintendent of public instruction, hereinafter called
1551 the state superintendent, who is the executive officer of the board and serves at the pleasure of
1552 the board.
1553 (b) The board shall appoint the state superintendent on the basis of outstanding
1554 professional qualifications.
1555 (c) The state superintendent shall administer all programs assigned to the State Board
1556 of Education in accordance with the policies and the standards established by the board.
1557 (2) The State Board shall with the appointed superintendent develop a statewide
1558 education strategy focusing on core academics, including the development of:
1559 (a) core curriculum and graduation requirements;
1560 (b) a process to select instructional materials that best correlate to the core curriculum
1561 and graduation requirements that are supported by generally accepted scientific standards of
1562 evidence;
1563 (c) professional development programs for teachers, superintendents, and principals;
1564 (d) remediation programs;
1565 (e) a method for creating individual student learning targets, and a method of
1566 measuring an individual student's performance toward those targets;
1567 (f) progress-based assessments for ongoing performance evaluations of districts and
1568 schools;
1569 (g) incentives to achieve the desired outcome of individual student progress in core
1570 academics, and which do not create disincentives for setting high goals for the students;
1571 (h) an annual report card for school and district performance, measuring learning and
1572 reporting progress-based assessments;
1573 (i) a systematic method to encourage innovation in schools and school districts as they
1574 strive to achieve improvement in their performance; and
1575 (j) a method for identifying and sharing best demonstrated practices across districts and
1576 schools.
1577 (3) The superintendent shall perform duties assigned by the board, including the
1578 following:
1579 (a) investigating all matters pertaining to the public schools;
1580 (b) adopting and keeping an official seal to authenticate the superintendent's official
1581 acts;
1582 (c) holding and conducting meetings, seminars, and conferences on educational topics;
1583 (d) presenting to the governor and the Legislature each December a report of the public
1584 school system for the preceding year to include:
1585 (i) data on the general condition of the schools with recommendations considered
1586 desirable for specific programs;
1587 (ii) a complete statement of fund balances;
1588 (iii) a complete statement of revenues by fund and source;
1589 (iv) a complete statement of adjusted expenditures by fund, the status of bonded
1590 indebtedness, the cost of new school plants, and school levies;
1591 (v) a complete statement of state funds allocated to each school district and charter
1592 school by source, including supplemental appropriations, and a complete statement of
1593 expenditures by each school district and charter school, including supplemental appropriations,
1594 by function and object as outlined in the U.S. Department of Education publication "Financial
1595 Accounting for Local and State School Systems";
1596 (vi) a complete statement, by school district and charter school, of the amount of and
1597 percentage increase or decrease in expenditures from the previous year attributed to:
1598 (A) wage increases, with expenditure data for base salary adjustments identified
1599 separately from step and lane expenditures;
1600 (B) medical and dental premium cost adjustments; and
1601 (C) adjustments in the number of teachers and other staff;
1602 (vii) a statement that includes data on:
1603 (A) fall enrollments;
1604 (B) average membership;
1605 (C) high school graduates;
1606 (D) licensed and classified employees, including data reported by school districts on
1607 educator ratings pursuant to Section 53A-8a-405;
1608 (E) pupil-teacher ratios;
1609 (F) average class sizes calculated in accordance with State Board of Education rules
1610 adopted under Subsection 53A-3-602.5(4);
1611 (G) average salaries;
1612 (H) applicable private school data; and
1613 (I) data from standardized norm-referenced tests in grades 5, 8, and 11 on each school
1614 and district;
1615 (viii) statistical information regarding incidents of delinquent activity in the schools or
1616 at school-related activities with separate categories for:
1617 (A) alcohol and drug abuse;
1618 (B) weapon possession;
1619 (C) assaults; and
1620 (D) arson;
1621 (ix) information about:
1622 (A) the development and implementation of the strategy of focusing on core
1623 academics;
1624 (B) the development and implementation of competency-based education and
1625 progress-based assessments; and
1626 (C) the results being achieved under Subsections (3)(d)(ix)(A) and (B), as measured by
1627 individual progress-based assessments and a comparison of Utah students' progress with the
1628 progress of students in other states using standardized norm-referenced tests as benchmarks;
1629 and
1630 (x) other statistical and financial information about the school system which the state
1631 superintendent considers pertinent;
1632 (e) collecting and organizing education data into an automated decision support system
1633 to facilitate school district and school improvement planning, accountability reporting,
1634 performance recognition, and the evaluation of educational policy and program effectiveness to
1635 include:
1636 (i) data that are:
1637 (A) comparable across schools and school districts;
1638 (B) appropriate for use in longitudinal studies; and
1639 (C) comprehensive with regard to the data elements required under applicable state or
1640 federal law or state board rule;
1641 (ii) features that enable users, most particularly school administrators, teachers, and
1642 parents, to:
1643 (A) retrieve school and school district level data electronically;
1644 (B) interpret the data visually; and
1645 (C) draw conclusions that are statistically valid; and
1646 (iii) procedures for the collection and management of education data that:
1647 (A) require the state superintendent of public instruction to:
1648 (I) collaborate with school districts in designing and implementing uniform data
1649 standards and definitions;
1650 (II) undertake or sponsor research to implement improved methods for analyzing
1651 education data;
1652 (III) provide for data security to prevent unauthorized access to or contamination of the
1653 data; and
1654 (IV) protect the confidentiality of data under state and federal privacy laws; and
1655 (B) require all school districts and schools to comply with the data collection and
1656 management procedures established under Subsection (3)(e);
1657 (f) administering and implementing federal educational programs in accordance with
1658 Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act; and
1659 (g) with the approval of the board, preparing and submitting to the governor a budget
1660 for the board to be included in the budget that the governor submits to the Legislature.
1661 (4) The state superintendent shall distribute funds deposited in the Autism Awareness
1662 Restricted Account created in Section 53A-1-304 in accordance with the requirements of
1663 Section 53A-1-304.
1664 (5) Upon leaving office, the state superintendent shall deliver to the state
1665 superintendent's successor all books, records, documents, maps, reports, papers, and other
1666 articles pertaining to the state superintendent's office.
1667 (6) (a) For the purpose of Subsection (3)(d)(vii):
1668 (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
1669 students enrolled in a school by the number of full-time equivalent teachers assigned to the
1670 school, including regular classroom teachers, school-based specialists, and special education
1671 teachers;
1672 (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
1673 the schools within a school district;
1674 (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
1675 pupil-teacher ratio of charter schools in the state; and
1676 (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
1677 pupil-teacher ratio of public schools in the state.
1678 (b) The printed copy of the report required by Subsection (3)(d) shall:
1679 (i) include the pupil-teacher ratio for:
1680 (A) each school district;
1681 (B) the charter schools aggregated; and
1682 (C) the state's public schools aggregated; and
1683 (ii) indicate the Internet website where pupil-teacher ratios for each school in the state
1684 may be accessed.";
1685 (15) renumber and amend Section 20A-14-102 as Section 53A-1-110, as follows:
1686 "[
1687 as repository.
1688 (1) (a) The Legislature shall file a copy of the board shapefile enacted by the
1689 Legislature with the lieutenant governor's office.
1690 (b) The legal boundaries of State Board of Education districts are contained in the
1691 board shapefile on file with the lieutenant governor's office.
1692 (2) (a) The lieutenant governor shall:
1693 (i) generate maps of each State Board of Education district from the board shapefile;
1694 and
1695 (ii) ensure that those maps are available for viewing on the lieutenant governor's
1696 website.
1697 (b) If there is any inconsistency between the maps and the board shapefile, the board
1698 shapefile is controlling.";
1699 (16) renumber and amend Section 20A-14-102.1 as Section 53A-1-111, as follows:
1700 "[
1701 (1) If any area of the state is omitted from a State Board of Education district in the
1702 board shapefile enacted by the Legislature, the county clerk of the affected county, upon
1703 discovery of the omission, shall attach the area to the appropriate State Board of Education
1704 district according to the requirements of Subsections (2) and (3).
1705 (2) If the omitted area is surrounded by a single State Board of Education district, the
1706 county clerk shall attach the area to that district.
1707 (3) If the omitted area is contiguous to two or more State Board of Education districts,
1708 the county clerk shall attach the area to the district that has the least population, as determined
1709 by the Utah Population Estimates Committee.
1710 (4) The county clerk shall certify in writing and file with the lieutenant governor any
1711 attachment made under this section.";
1712 (17) renumber Section 20A-14-102.2 as Section 53A-1-112 and amend to read:
1713 "[
1714 (1) As used in this section:
1715 (a) "Affected party" means:
1716 (i) a [
1717 uncertain because the feature used to establish the district boundary in the board shapefile has
1718 been removed, modified, or is unable to be identified or who is uncertain about whether [
1719
1720 (ii) a [
1721 Education district boundary is uncertain because the feature used to establish the district
1722 boundary in the board shapefile has been removed, modified, or is unable to be identified or
1723 who is uncertain about whether [
1724 or another individual resides in a particular State Board of Education district; or
1725 (iii) [
1726 district contains the [
1727 district boundary in the board shapefile has been removed, modified, or is unable to be
1728 identified.
1729 (b) "Feature" means a geographic or other tangible or intangible mark such as a road or
1730 political subdivision boundary that is used to establish a State Board of Education district
1731 boundary.
1732 (2) (a) An affected party may file a written request petitioning the lieutenant governor
1733 to determine:
1734 (i) the precise location of the State Board of Education district boundary;
1735 (ii) the number of the State Board of Education district in which [
1736 individual resides; or
1737 (iii) both Subsections (2)(a)(i) and (ii).
1738 (b) In order to make the determination required by Subsection (2)(a), the lieutenant
1739 governor shall review:
1740 (i) the board shapefile; and
1741 (ii) other relevant data such as aerial photographs, aerial maps, or other data about the
1742 area.
1743 (c) Within five days of receipt of the request, the lieutenant governor shall:
1744 (i) review the board [
1745 (ii) review any relevant data; and
1746 (iii) make a determination.
1747 (d) If the lieutenant governor determines the precise location of the State Board of
1748 Education district boundary, the lieutenant governor shall:
1749 (i) prepare a certification identifying the appropriate State Board of Education district
1750 boundary and attaching a map, if necessary; and
1751 (ii) send a copy of the certification to:
1752 (A) the affected party;
1753 (B) the county clerk of the affected county; and
1754 (C) the Automated Geographic Reference Center created under Section 63F-1-506.
1755 (e) If the lieutenant governor determines the number of the State Board of Education
1756 district in which a particular [
1757 letter identifying that district by number to:
1758 (i) the [
1759 (ii) the affected party who filed the petition, if different than the [
1760 whose State Board of Education district number was identified; and
1761 (iii) the county clerk of the affected county.";
1762 (18) renumber Section 20A-14-102.3 as Section 53A-1-113 and amend to read:
1763 "[
1764 Center, and lieutenant governor responsibilities -- Maps.
1765 (1) As used in this section, "redistricting boundary data" means the board shapefile.
1766 (2) Each county clerk shall obtain a copy of the redistricting boundary data for the
1767 clerk's county from the lieutenant governor's office.
1768 (3) (a) A county clerk may create one or more county maps that identify the boundaries
1769 of State Board of Education districts as generated from the redistricting boundary data.
1770 (b) Before publishing or distributing any map or data created by the county clerk that
1771 identifies the boundaries of State Board of Education districts within the county, the clerk shall
1772 submit the county map and data to the lieutenant governor and to the Automated Geographic
1773 Reference Center for review.
1774 (c) Within 30 days after receipt of a county map and data from a county clerk, the
1775 Automated Geographic Reference Center shall:
1776 (i) review the county map and data to evaluate if the county map and data accurately
1777 reflect the boundaries of State Board of Education districts established by the Legislature in the
1778 redistricting boundary data;
1779 (ii) determine whether the county map and data are correct or incorrect; and
1780 (iii) communicate those findings to the lieutenant governor.
1781 (d) The lieutenant governor shall either notify the county clerk that the county map and
1782 data are correct or inform the county clerk that the county map and data are incorrect.
1783 (e) If the county clerk receives notice from the lieutenant governor that the county map
1784 and data submitted are incorrect, the county clerk shall:
1785 (i) make the corrections necessary to conform the county map and data to the
1786 redistricting boundary data; and
1787 (ii) resubmit the corrected county map and data to the lieutenant governor for a new
1788 review under this Subsection (3).
1789 [
1790
1791
1792 [
1793
1794
1795
1796 [
1797
1798 [
1799
1800
1801 [
1802 [
1803 [
1804
1805 [
1806
1807 [
1808
1809 [
1810
1811 (19) amend Section 53A-1-201 to read:
1812 "53A-1-201. Election and appointment of officers -- Removal from office.
1813 (1) As used in this section, "board" means the State Board of Education.
1814 [
1815 one vice chair, but no more than three vice chairs, each year at a meeting held any time
1816 between November 15 and January 15.
1817 [
1818 of a new member of the board, but [
1819 the new member shall assume the position of the outgoing member for purposes of the election
1820 of officers.
1821 (b) In all other matters the outgoing member shall retain the full authority of the office
1822 until replaced as provided by law.
1823 [
1824 [
1825 [
1826 removed from office for cause by a vote of two-thirds of the board.";
1827 (20) repeal Section 20A-1-507;
1828 (21) repeal Section 20A-11-1301;
1829 (22) repeal Section 20A-11-1302;
1830 (23) repeal Section 20A-11-1303;
1831 (24) repeal Section 20A-11-1304;
1832 (25) repeal Section 20A-11-1305;
1833 (26) repeal Section 20A-14-103;
1834 (27) repeal Section 20A-14-104;
1835 (28) repeal Section 20A-14-106; and
1836 (29) repeal Section 53A-1-101.
Legislative Review Note
as of 2-6-15 5:17 PM
Office of Legislative Research and General Counsel