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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code to make candidates for, and members
10 of, the State Board of Education and certain local school boards subject to partisan
11 election and modifies the reporting requirements of state school board office candidates
12 and officeholders.
13 Highlighted Provisions:
14 This bill:
15 ▸ provides that members of the State Board of Education and local school boards with
16 student enrollment above a specified level are elected through partisan election;
17 ▸ modifies the reporting requirements of state school board office candidates and
18 officeholders;
19 ▸ removes the nominating committee, and related provisions, for selecting candidates
20 to run for the State Board of Education; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 20A-1-102, as last amended by Laws of Utah 2014, Chapters 17, 31, 231, 362, and 391
29 20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
30 20A-1-511, as last amended by Laws of Utah 2012, Chapter 327
31 20A-9-101, as last amended by Laws of Utah 2014, Chapter 17
32 20A-9-403, as last amended by Laws of Utah 2014, Chapter 17
33 20A-9-406, as enacted by Laws of Utah 2014, Chapter 17
34 20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
35 20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
36 20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
37 20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337
38 20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
39 20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
40 20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
41 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
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 20A-1-102 is amended to read:
47 20A-1-102. Definitions.
48 As used in this title:
49 (1) "Active voter" means a registered voter who has not been classified as an inactive
50 voter by the county clerk.
51 (2) "Automatic tabulating equipment" means apparatus that automatically examines
52 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
53 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
54 upon which a voter records the voter's votes.
55 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
56 envelopes.
57 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
58 (a) contain the names of offices and candidates and statements of ballot propositions to
59 be voted on; and
60 (b) are used in conjunction with ballot sheets that do not display that information.
61 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
62 on the ballot for their approval or rejection including:
63 (a) an opinion question specifically authorized by the Legislature;
64 (b) a constitutional amendment;
65 (c) an initiative;
66 (d) a referendum;
67 (e) a bond proposition;
68 (f) a judicial retention question;
69 (g) an incorporation of a city or town; or
70 (h) any other ballot question specifically authorized by the Legislature.
71 (6) "Ballot sheet":
72 (a) means a ballot that:
73 (i) consists of paper or a card where the voter's votes are marked or recorded; and
74 (ii) can be counted using automatic tabulating equipment; and
75 (b) includes punch card ballots and other ballots that are machine-countable.
76 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
77 together with a staple or stitch in at least three places across the top of the paper in the blank
78 space reserved for securing the paper.
79 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
80 20A-4-306 to canvass election returns.
81 (9) "Bond election" means an election held for the purpose of approving or rejecting
82 the proposed issuance of bonds by a government entity.
83 (10) "Book voter registration form" means voter registration forms contained in a
84 bound book that are used by election officers and registration agents to register persons to vote.
85 (11) "Business reply mail envelope" means an envelope that may be mailed free of
86 charge by the sender.
87 (12) "By-mail voter registration form" means a voter registration form designed to be
88 completed by the voter and mailed to the election officer.
89 (13) "Canvass" means the review of election returns and the official declaration of
90 election results by the board of canvassers.
91 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
92 the canvass.
93 (15) "Contracting election officer" means an election officer who enters into a contract
94 or interlocal agreement with a provider election officer.
95 (16) "Convention" means the political party convention at which party officers and
96 delegates are selected.
97 (17) "Counting center" means one or more locations selected by the election officer in
98 charge of the election for the automatic counting of ballots.
99 (18) "Counting judge" means a poll worker designated to count the ballots during
100 election day.
101 (19) "Counting poll watcher" means a person selected as provided in Section
102 20A-3-201 to witness the counting of ballots.
103 (20) "Counting room" means a suitable and convenient private place or room,
104 immediately adjoining the place where the election is being held, for use by the poll workers
105 and counting judges to count ballots during election day.
106 (21) "County officers" means those county officers that are required by law to be
107 elected.
108 (22) "Date of the election" or "election day" or "day of the election":
109 (a) means the day that is specified in the calendar year as the day that the election
110 occurs; and
111 (b) does not include:
112 (i) deadlines established for absentee voting; or
113 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
114 Voting.
115 (23) "Elected official" means:
116 (a) a person elected to an office under Section 20A-1-303;
117 (b) a person who is considered to be elected to a municipal office in accordance with
118 Subsection 20A-1-206(1)(c)(ii); or
119 (c) a person who is considered to be elected to a local district office in accordance with
120 Subsection 20A-1-206(3)(c)(ii).
121 (24) "Election" means a regular general election, a municipal general election, a
122 statewide special election, a local special election, a regular primary election, a municipal
123 primary election, and a local district election.
124 (25) "Election Assistance Commission" means the commission established by Public
125 Law 107-252, the Help America Vote Act of 2002.
126 (26) "Election cycle" means the period beginning on the first day persons are eligible to
127 file declarations of candidacy and ending when the canvass is completed.
128 (27) "Election judge" means a poll worker that is assigned to:
129 (a) preside over other poll workers at a polling place;
130 (b) act as the presiding election judge; or
131 (c) serve as a canvassing judge, counting judge, or receiving judge.
132 (28) "Election officer" means:
133 (a) the lieutenant governor, for all statewide ballots and elections;
134 (b) the county clerk for:
135 (i) a county ballot and election; and
136 (ii) a ballot and election as a provider election officer as provided in Section
137 20A-5-400.1 or 20A-5-400.5;
138 (c) the municipal clerk for:
139 (i) a municipal ballot and election; and
140 (ii) a ballot and election as a provider election officer as provided in Section
141 20A-5-400.1 or 20A-5-400.5;
142 (d) the local district clerk or chief executive officer for:
143 (i) a local district ballot and election; and
144 (ii) a ballot and election as a provider election officer as provided in Section
145 20A-5-400.1 or 20A-5-400.5; or
146 (e) the business administrator or superintendent of a school district for:
147 (i) a school district ballot and election; and
148 (ii) a ballot and election as a provider election officer as provided in Section
149 20A-5-400.1 or 20A-5-400.5.
150 (29) "Election official" means any election officer, election judge, or poll worker.
151 (30) "Election results" means:
152 (a) for an election other than a bond election, the count of votes cast in the election and
153 the election returns requested by the board of canvassers; or
154 (b) for bond elections, the count of those votes cast for and against the bond
155 proposition plus any or all of the election returns that the board of canvassers may request.
156 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
157 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
158 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
159 form, and the total votes cast form.
160 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
161 device or other voting device that records and stores ballot information by electronic means.
162 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
163 or logically associated with a record and executed or adopted by a person with the intent to sign
164 the record.
165 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
166 (b) "Electronic voting device" includes a direct recording electronic voting device.
167 (35) "Inactive voter" means a registered voter who has:
168 (a) been sent the notice required by Section 20A-2-306; and
169 (b) failed to respond to that notice.
170 (36) "Inspecting poll watcher" means a person selected as provided in this title to
171 witness the receipt and safe deposit of voted and counted ballots.
172 (37) "Judicial office" means the office filled by any judicial officer.
173 (38) "Judicial officer" means any justice or judge of a court of record or any county
174 court judge.
175 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
176 Local Government Entities - Local Districts, and includes a special service district under Title
177 17D, Chapter 1, Special Service District Act.
178 (40) "Local district officers" means those local district board members that are required
179 by law to be elected.
180 (41) "Local election" means a regular county election, a regular municipal election, a
181 municipal primary election, a local special election, a local district election, and a bond
182 election.
183 (42) "Local political subdivision" means a county, a municipality, a local district, or a
184 local school district.
185 (43) "Local special election" means a special election called by the governing body of a
186 local political subdivision in which all registered voters of the local political subdivision may
187 vote.
188 (44) "Municipal executive" means:
189 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
190 or
191 (b) the mayor in the council-manager form of government defined in Subsection
192 10-3b-103(6).
193 (45) "Municipal general election" means the election held in municipalities and, as
194 applicable, local districts on the first Tuesday after the first Monday in November of each
195 odd-numbered year for the purposes established in Section 20A-1-202.
196 (46) "Municipal legislative body" means the council of the city or town in any form of
197 municipal government.
198 (47) "Municipal office" means an elective office in a municipality.
199 (48) "Municipal officers" means those municipal officers that are required by law to be
200 elected.
201 (49) "Municipal primary election" means an election held to nominate candidates for
202 municipal office.
203 (50) "Nonpartisan school district" means a school district that, on October 1 of the
204 preceding odd-numbered year, had a student enrollment of less than 50,000.
205 [
206 poll workers to be given to voters to record their votes.
207 [
208 (a) the information on the ballot that identifies:
209 (i) the ballot as an official ballot;
210 (ii) the date of the election; and
211 (iii) the facsimile signature of the election officer; and
212 (b) the information on the ballot stub that identifies:
213 (i) the poll worker's initials; and
214 (ii) the ballot number.
215 [
216 by the election officer that contains the information required by Section 20A-5-401.
217 [
218 (a) the names of offices and candidates and statements of ballot propositions to be
219 voted on; and
220 (b) spaces for the voter to record the voter's vote for each office and for or against each
221 ballot proposition.
222 (55) "Partisan school district" means a school district that, on October 1 of the
223 preceding odd-numbered year, had a student enrollment of 50,000 or more.
224 [
225 in Section 20A-4-108.
226 [
227 qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
228 Formation and Procedures.
229 [
230 appear to cast votes.
231 [
232 [
233 with an election, voting, or counting votes.
234 (b) "Poll worker" includes election judges.
235 (c) "Poll worker" does not include a watcher.
236 [
237 ballot in which the voter marks the voter's choice.
238 [
239 year of the regular general election.
240 [
241 (a) is built into a voting machine; and
242 (b) records the total number of movements of the operating lever.
243 [
244 contract or interlocal agreement with a contracting election officer to conduct an election for
245 the contracting election officer's local political subdivision in accordance with Section
246 20A-5-400.1.
247 [
248 (a) whose name is not listed on the official register at the polling place;
249 (b) whose legal right to vote is challenged as provided in this title; or
250 (c) whose identity was not sufficiently established by a poll worker.
251 [
252 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
253 information to verify a person's legal right to vote.
254 [
255 performing the duties of the position for which the person was elected.
256 [
257 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
258 after the voter has voted.
259 [
260 voter registration form.
261 [
262 [
263 the first Tuesday after the first Monday in November of each even-numbered year for the
264 purposes established in Section 20A-1-201.
265 [
266 June of each even-numbered year, to nominate candidates of political parties and candidates for
267 [
268 [
269 Utah.
270 [
271 printed and distributed as provided in Section 20A-5-405.
272 [
273 mark or punch the ballot for one or more candidates who are members of different political
274 parties.
275 [
276 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
277 secrecy of the voter's vote.
278 [
279 20A-1-203.
280 [
281 (a) is spoiled by the voter;
282 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
283 (c) lacks the official endorsement.
284 [
285 or the Legislature in which all registered voters in Utah may vote.
286 [
287 [
288 officer to the poll workers when the official ballots are lost or stolen.
289 [
290 group of petitioners.
291 [
292 counting center.
293 [
294 by statute, whether that absence occurs because of death, disability, disqualification,
295 resignation, or other cause.
296 [
297 (a) a form of identification that bears the name and photograph of the voter which may
298 include:
299 (i) a currently valid Utah driver license;
300 (ii) a currently valid identification card that is issued by:
301 (A) the state; or
302 (B) a branch, department, or agency of the United States;
303 (iii) a currently valid Utah permit to carry a concealed weapon;
304 (iv) a currently valid United States passport; or
305 (v) a currently valid United States military identification card;
306 (b) one of the following identification cards, whether or not the card includes a
307 photograph of the voter:
308 (i) a valid tribal identification card;
309 (ii) a Bureau of Indian Affairs card; or
310 (iii) a tribal treaty card; or
311 (c) two forms of identification not listed under Subsection [
312 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
313 which may include:
314 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
315 election;
316 (ii) a bank or other financial account statement, or a legible copy thereof;
317 (iii) a certified birth certificate;
318 (iv) a valid Social Security card;
319 (v) a check issued by the state or the federal government or a legible copy thereof;
320 (vi) a paycheck from the voter's employer, or a legible copy thereof;
321 (vii) a currently valid Utah hunting or fishing license;
322 (viii) certified naturalization documentation;
323 (ix) a currently valid license issued by an authorized agency of the United States;
324 (x) a certified copy of court records showing the voter's adoption or name change;
325 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
326 (xii) a currently valid identification card issued by:
327 (A) a local government within the state;
328 (B) an employer for an employee; or
329 (C) a college, university, technical school, or professional school located within the
330 state; or
331 (xiii) a current Utah vehicle registration.
332 [
333 write-in candidate by following the procedures and requirements of this title.
334 [
335 (a) meets the requirements for voting in an election;
336 (b) meets the requirements of election registration;
337 (c) is registered to vote; and
338 (d) is listed in the official register book.
339 [
340 Section 20A-2-102.5.
341 [
342 machines, and ballot box.
343 [
344 (a) the space or compartment within a polling place that is provided for the preparation
345 of ballots, including the voting machine enclosure or curtain; or
346 (b) a voting device that is free standing.
347 [
348 (a) an apparatus in which ballot sheets are used in connection with a punch device for
349 piercing the ballots by the voter;
350 (b) a device for marking the ballots with ink or another substance;
351 (c) an electronic voting device or other device used to make selections and cast a ballot
352 electronically, or any component thereof;
353 (d) an automated voting system under Section 20A-5-302; or
354 (e) any other method for recording votes on ballots so that the ballot may be tabulated
355 by means of automatic tabulating equipment.
356 [
357 recording and tabulating votes cast by voters at an election.
358 [
359 witness the distribution of ballots and the voting process.
360 [
361 law within which qualified voters vote at one polling place.
362 [
363 inspecting poll watcher, and a testing watcher.
364 [
365 Chapter 9, Part 8, Western States Presidential Primary.
366 [
367 [
368 the ballot according to the procedures established in this title.
369 Section 2. Section 20A-1-504 is amended to read:
370 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
371 state auditor, and lieutenant governor.
372 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
373 treasurer, [
374 unexpired term at the next regular general election.
375 (b) The governor shall fill the vacancy until the next regular general election by
376 appointing a person who meets the qualifications for the office from three persons nominated
377 by the state central committee of the same political party as the prior officeholder.
378 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
379 consent of the Senate, appoint a person to hold the office until the next regular general election
380 at which the governor stands for election.
381 (3) For a State Board of Education vacancy, if the individual who is being replaced is
382 not a member of a political party, the governor shall fill the vacancy, with the consent of the
383 Senate, by selecting an individual who meets the qualifications and residency requirements for
384 filling the vacancy.
385 Section 3. Section 20A-1-511 is amended to read:
386 20A-1-511. Midterm vacancies on local school boards.
387 (1) (a) [
388 vacancies on the board by [
389 (i) for a partisan school district, appointing a legally qualified individual from a list of
390 names submitted by the same political party as the individual whose vacancy is being filled; or
391 (ii) for a nonpartisan school district, appointing a legally qualified individual.
392 (b) If the board fails to make an appointment within 30 days after a vacancy occurs, the
393 county legislative body, or municipal legislative body in a city district, shall fill the vacancy by
394 [
395 (i) for a partisan school district, appointing an individual from a list of names
396 submitted by the same political party as the individual whose vacancy is being filled; or
397 (ii) for a nonpartisan school district, appointing a legally qualified individual.
398 (c) A member appointed and qualified under this Subsection (1) shall serve until a
399 successor is elected or appointed and qualified.
400 (2) (a) A vacancy on the board shall be filled by an interim appointment, followed by
401 an election to fill a two-year term if:
402 (i) the vacancy on the board occurs, or a letter of resignation is received by the board,
403 at least 14 days before the deadline for filing a declaration of candidacy; and
404 (ii) two years of the vacated term will remain after the first Monday of January
405 following the next school board election.
406 (b) Members elected under this Subsection (2) shall serve for the remaining two years
407 of the vacated term and until a successor is elected and qualified.
408 (3) Before appointing [
409 local school board shall[
410
411
412
413
414 whose name [
415 regarding the [
416 (4) If the individual who is being replaced on the board of a partisan school district is
417 not a member of a political party, the local school board shall appoint a replacement or interim
418 replacement for the individual by:
419 (a) giving public notice of the vacancy at least two weeks before the local school board
420 meets to fill the vacancy;
421 (b) identifying, in the notice:
422 (i) the date, time, and place of the meeting where the vacancy will be filled; and
423 (ii) the individual to whom an individual interested in being appointed to fill the
424 vacancy may submit his or her name for consideration and any deadline for submission; and
425 (c) in an open meeting, interviewing each individual whose name is submitted for
426 consideration and meets the qualifications for office regarding the individual's qualifications.
427 Section 4. Section 20A-9-101 is amended to read:
428 20A-9-101. Definitions.
429 As used in this chapter:
430 (1) (a) "Candidates for elective office" means persons who file a declaration of
431 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
432 constitutional office, multicounty office, [
433 partisan school district.
434 (b) "Candidates for elective office" does not mean candidates for:
435 (i) justice or judge of court of record or not of record;
436 (ii) presidential elector;
437 (iii) any political party offices; and
438 (iv) municipal or local district offices.
439 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
440 attorney general, state auditor, and state treasurer.
441 (3) "Continuing political party" is as defined in Section 20A-8-101.
442 (4) (a) "County office" means an elective office where the office holder is selected by
443 voters entirely within one county.
444 (b) "County office" does not mean:
445 (i) the office of justice or judge of any court of record or not of record;
446 (ii) the office of presidential elector;
447 (iii) any political party offices;
448 (iv) any municipal or local district offices; and
449 (v) the office of United States Senator and United States Representative.
450 (5) "Federal office" means an elective office for United States Senator and United
451 States Representative.
452 (6) "Filing officer" means:
453 (a) the lieutenant governor, for:
454 (i) the office of United States Senator and United States Representative; and
455 (ii) all constitutional offices;
456 (b) the county clerk, for county offices and local school district offices, and the county
457 clerk in the filer's county of residence, for multicounty offices;
458 (c) the city or town clerk, for municipal offices; and
459 (d) the local district clerk, for local district offices.
460 (7) "Local district office" means an elected office in a local district.
461 (8) "Local government office" includes county offices, municipal offices, and local
462 district offices and other elective offices selected by the voters from a political division entirely
463 within one county.
464 (9) (a) "Multicounty office" means an elective office where the office holder is selected
465 by the voters from more than one county.
466 (b) "Multicounty office" does not mean:
467 (i) a county office;
468 (ii) a federal office;
469 (iii) the office of justice or judge of any court of record or not of record;
470 (iv) the office of presidential elector;
471 (v) any political party offices; and
472 (vi) any municipal or local district offices.
473 (10) "Municipal office" means an elective office in a municipality.
474 (11) (a) "Political division" means a geographic unit from which an office holder is
475 elected and that an office holder represents.
476 (b) "Political division" includes a county, a city, a town, a local district, a school
477 district, a legislative district, and a county prosecution district.
478 (12) "Qualified political party" means a registered political party that:
479 (a) permits voters who are unaffiliated with any political party to vote for the registered
480 political party's candidates in a primary election;
481 (b) (i) permits a delegate for the registered political party to vote on a candidate
482 nomination in the registered political party's convention remotely; or
483 (ii) provides a procedure for designating an alternate delegate if a delegate is not
484 present at the registered political party's convention;
485 (c) does not hold the registered political party's convention before April 1 of an
486 even-numbered year;
487 (d) permits a member of the registered political party to seek the registered political
488 party's nomination for any elective office by the member choosing to seek the nomination by
489 either or both of the following methods:
490 (i) seeking the nomination through the registered political party's convention process,
491 in accordance with the provisions of Section 20A-9-407; or
492 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
493 of Section 20A-9-408; and
494 (e) no later than 5 p.m. on September 30 of an odd-numbered year, certifies to the
495 lieutenant governor that, for the election in the following year, the registered political party
496 intends to nominate the registered political party's candidates in accordance with the provisions
497 of Sections 20A-9-407 and 20A-9-408.
498 Section 5. Section 20A-9-403 is amended to read:
499 20A-9-403. Regular primary elections.
500 (1) (a) Candidates for elective office that are to be filled at the next regular general
501 election shall be nominated in a regular primary election by direct vote of the people in the
502 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
503 designated as regular primary election day. Nothing in this section shall affect a candidate's
504 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
505 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
506 Section 20A-9-601.
507 (b) Each registered political party that chooses to have the names of its candidates for
508 elective office featured with party affiliation on the ballot at a regular general election shall
509 comply with the requirements of this section and shall nominate its candidates for elective
510 office in the manner prescribed in this section.
511 (c) A filing officer may not permit an official ballot at a regular general election to be
512 produced or used if the ballot denotes affiliation between a registered political party or any
513 other political group and a candidate for elective office who was not nominated in the manner
514 prescribed in this section or in Subsection 20A-9-202(4).
515 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
516 even-numbered year in which a regular general election will be held.
517 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
518 shall:
519 (i) either declare their intent to participate in the next regular primary election or
520 declare that the registered political party chooses not to have the names of its candidates for
521 elective office featured on the ballot at the next regular general election;
522 (ii) if the registered political party participates in the upcoming regular primary
523 election, identify one or more registered political parties whose members may vote for the
524 registered political party's candidates and whether or not persons identified as unaffiliated with
525 a political party may vote for the registered political party's candidates; and
526 (iii) if the registered political party participates in the upcoming regular primary
527 election, indicate whether it chooses to nominate unopposed candidates without their name
528 appearing on the ballot, as described under Subsection (5)(c).
529 (b) A registered political party that is a continuing political party must file the
530 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
531 November 15 of each odd-numbered year. An organization that is seeking to become a
532 registered political party under Section 20A-8-103 must file the statement described in
533 Subsection (2)(b) no later than 5 p.m. on February 15.
534 (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
535 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
536 office on the regular primary ballot of the registered political party listed on the declaration of
537 candidacy only if the person is certified by the appropriate filing officer as having submitted a
538 set of nomination petitions that was:
539 (i) circulated and completed in accordance with Section 20A-9-405; and
540 (ii) signed by at least two percent of the registered political party's members who reside
541 in the political division of the office that the person seeks.
542 (b) A candidate for elective office shall submit nomination petitions to the appropriate
543 filing officer for verification and certification no later than 5 p.m. on the final day in March.
544 Candidates may supplement their submissions at any time on or before the filing deadline.
545 (c) The lieutenant governor shall determine for each elective office the total number of
546 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
547 of persons residing in each elective office's political division who have designated a particular
548 registered political party on their voter registration forms as of November 1 of each
549 odd-numbered year. The lieutenant governor shall publish this determination for each elective
550 office no later than November 15 of each odd-numbered year.
551 (d) The filing officer shall:
552 (i) verify signatures on nomination petitions in a transparent and orderly manner;
553 (ii) for all qualifying candidates for elective office who submitted nomination petitions
554 to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
555 the first Monday after the third Saturday in April;
556 (iii) consider active and inactive voters eligible to sign nomination petitions;
557 (iv) consider a person who signs a nomination petition a member of a registered
558 political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
559 political party as their preferred party affiliation on their voter registration form prior to 5 p.m.
560 on the final day in March; and
561 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
562 petition signatures, or use statistical sampling procedures to verify submitted nomination
563 petition signatures pursuant to rules issued by the lieutenant governor under Subsection (3)(f).
564 (e) Notwithstanding any other provision in Subsection (3), a candidate for lieutenant
565 governor may appear on the regular primary ballot of a registered political party without
566 submitting nomination petitions if the candidate files a declaration of candidacy and complies
567 with Subsection 20A-9-202(3).
568 (f) The lieutenant governor shall issue rules that provide for the use of statistical
569 sampling procedures for filing officers to verify signatures under Subsection (3)(d). The
570 statistical sampling procedures shall reflect a bona fide effort to determine the validity of a
571 candidate's entire submission, using widely recognized statistical sampling techniques. The
572 lieutenant governor may also issue supplemental rules and guidance that provide for the
573 transparent, orderly, and timely submission, verification, and certification of nomination
574 petition signatures.
575 (g) [
576 (i) review the declarations of candidacy filed by candidates for a local [
577 of education to determine if more than two candidates have filed for the same seat;
578 (ii) place the names of all candidates who have filed a declaration of candidacy for a
579 local board of education seat on the nonpartisan section of the ballot if more than two
580 candidates have filed for the same seat; and
581 (iii) determine the order of the local board of education candidates' names on the ballot
582 in accordance with Section 20A-6-305.
583 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
584 governor shall provide to the county clerks:
585 (i) a list of the names of all candidates for federal, constitutional, multi-county, [
586 county, and local school district offices who have received certifications under Subsection (3),
587 along with instructions on how those names shall appear on the primary-election ballot in
588 accordance with Section 20A-6-305; and
589 (ii) a list of unopposed candidates for elective office who have been nominated by a
590 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
591 candidates from the primary-election ballot.
592 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
593 joint-ticket running mates shall appear jointly on the primary-election ballot.
594 (c) After the county clerk receives the certified list from the lieutenant governor under
595 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
596 substantially the following form:
597 (i) if all or a portion of the county is in a nonpartisan school district:
598 "Notice is given that a primary election will be held Tuesday, June ____,
599 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
600 local school board positions listed on the primary ballot. The polling place for voting precinct
601 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
602 Attest: county clerk."; or
603 (ii) if no part of the county is in a nonpartisan school district:
604 "Notice is given that a primary election will be held Tuesday, June ____,
605 ________(year), to nominate party candidates for the parties listed on the primary ballot. The
606 polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
607 until 8 p.m. of the same day. Attest: county clerk."
608 (5) (a) Candidates, other than presidential candidates, receiving the highest number of
609 votes cast for each office at the regular primary election are nominated by their registered
610 political party for that office or, for a nonpartisan school district, are nominated as a candidate
611 for a nonpartisan local school board position.
612 (b) If two or more candidates, other than presidential candidates, are to be elected to
613 the office at the regular general election, those party candidates equal in number to positions to
614 be filled who receive the highest number of votes at the regular primary election are the
615 nominees of their party for those positions.
616 (c) A candidate who is unopposed for an elective office in the regular primary election
617 of a registered political party is nominated by the party for that office without appearing on the
618 primary ballot, provided that the party has chosen to nominate unopposed candidates under
619 Subsection (2)(a)(iii). A candidate is "unopposed" if no person other than the candidate has
620 received a certification under Subsection (3) for the regular primary election ballot of the
621 candidate's registered political party for a particular elective office.
622 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
623 office that represents more than one county, the governor, lieutenant governor, and attorney
624 general shall, at a public meeting called by the governor and in the presence of the candidates
625 involved, select the nominee by lot cast in whatever manner the governor determines.
626 (b) When a tie vote occurs in any primary election for any county office, the district
627 court judges of the district in which the county is located shall, at a public meeting called by
628 the judges and in the presence of the candidates involved, select the nominee by lot cast in
629 whatever manner the judges determine.
630 (c) When a tie vote occurs in any primary election for any local school board office in a
631 partisan school district, the county clerks of the counties in which the local school board is
632 located shall, at a public meeting called by the county clerks and in the presence of the
633 candidates involved, select the nominee by lot cast in whatever manner the county clerks
634 determine.
635 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
636 primary election provided for by this section, and all expenses necessarily incurred in the
637 preparation for or the conduct of that primary election shall be paid out of the treasury of the
638 county or state, in the same manner as for the regular general elections.
639 Section 6. Section 20A-9-406 is amended to read:
640 20A-9-406. Qualified political party -- Requirements and exemptions.
641 The following provisions apply to a qualified political party:
642 (1) the qualified political party shall certify to the lieutenant governor no later than 5
643 p.m. on March 1 of each even-numbered year:
644 (a) the identity of one or more registered political parties whose members may vote for
645 the qualified political party's candidates; and
646 (b) whether the qualified political party chooses to nominate unopposed candidates
647 without the names of the candidates appearing on the ballot, as described in Subsection
648 20A-9-403(5)(c);
649 (2) the provisions of Subsections 20A-9-403(1) through (4)(a), Subsection
650 20A-9-403(5)(c), and Section 20A-9-405 do not apply to a nomination for the qualified
651 political party;
652 (3) an individual may only obtain a nomination for the qualified political party by using
653 a method described in Section 20A-9-407, Section 20A-9-408, or both;
654 (4) the qualified political party shall comply with the provisions of Sections
655 20A-9-407, 20A-9-408, and 20A-9-409;
656 (5) notwithstanding Subsection 20A-6-301(1)(a), (1)(g), or (2)(a), each election officer
657 shall ensure that a ballot described in Section 20A-6-301 includes each person nominated by a
658 qualified political party under Section 20A-9-407 or 20A-9-408:
659 (a) under the qualified political party's name and emblem, if any; or
660 (b) under the title of the qualified registered political party as designated by the
661 qualified political party in the certification described in Subsection (1), or, if none is
662 designated, then under some suitable title;
663 (6) notwithstanding Subsection 20A-6-302(1)(a), each election officer shall ensure, for
664 paper ballots in regular general elections, that each candidate who is nominated by the qualified
665 political party is listed by party;
666 (7) notwithstanding Subsection 20A-6-303(1)(g), each election officer shall ensure that
667 the party designation of each candidate who is nominated by the qualified political party is
668 printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
669 (8) notwithstanding Subsection 20A-6-304(1)(g), each election officer shall ensure that
670 the party designation of each candidate who is nominated by the qualified political party is
671 displayed adjacent to the candidate's name on an electronic ballot;
672 (9) "candidates for elective office," defined in Subsection 20A-9-101(1)(a), also
673 includes an individual who files a declaration of candidacy under Section 20A-9-407 or
674 20A-9-408 to run in a regular general election for a federal office, constitutional office,
675 multicounty office, or county office;
676 (10) an individual who is nominated by, or seeking the nomination of, the qualified
677 political party is not required to comply with Subsection 20A-9-201(1)(c);
678 (11) notwithstanding Subsection 20A-9-403(3), the qualified political party is entitled
679 to have each of the qualified political party's candidates for elective office appear on the
680 primary ballot of the qualified political party with an indication that each candidate is a
681 candidate for the qualified political party;
682 (12) notwithstanding Subsection 20A-9-403(4)(a), the lieutenant governor shall include
683 on the list provided by the lieutenant governor to the county clerks:
684 (a) the names of all candidates of the qualified political party for federal, constitutional,
685 multicounty, [
686 (b) the names of unopposed candidates for elective office who have been nominated by
687 the qualified political party and instruct the county clerks to exclude such candidates from the
688 primary-election ballot;
689 (13) notwithstanding Subsection 20A-9-403(5)(c), a candidate who is unopposed for an
690 elective office in the regular primary election of the qualified political party is nominated by
691 the party for that office without appearing on the primary ballot, provided that the party has
692 chosen to nominate unopposed candidates under Subsection 20A-9-403(2)(a)(iii); and
693 (14) notwithstanding the provisions of Subsections 20A-9-403(1) and (2) and Section
694 20A-9-405, the qualified political party is entitled to have the names of its candidates for
695 elective office featured with party affiliation on the ballot at a regular general election.
696 Section 7. Section 20A-9-408 is amended to read:
697 20A-9-408. Signature-gathering nomination process for qualified political party.
698 (1) This section describes the requirements for a member of a qualified political party
699 who is seeking the nomination of the qualified political party for an elective office through the
700 signature-gathering nomination process described in this section.
701 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
702 candidacy for a member of a qualified political party who is nominated by, or who is seeking
703 the nomination of, the qualified political party under this section shall be substantially as
704 follows:
705 "State of Utah, County of ____
706 I, ______________, declare my intention of becoming a candidate for the office of
707 ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
708 to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
709 the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
710 any law governing campaigns and elections; I will file all campaign financial disclosure reports
711 as required by law; and I understand that failure to do so will result in my disqualification as a
712 candidate for this office and removal of my name from the ballot. The mailing address that I
713 designate for receiving official election notices is
714 ___________________________________________________________________________
715 ___________________________________________________________________________.
716 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
717 other officer qualified to administer oath)."
718 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
719 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
720 nomination of the qualified political party for an elective office that is to be filled at the next
721 general election shall:
722 (a) within the period beginning on January 1 before the next regular general election
723 and ending on the third Thursday in March of the same year, and before gathering signatures
724 under this section, file with the filing officer on a form approved by the lieutenant governor a
725 notice of intent to gather signatures for candidacy that includes:
726 (i) the name of the member who will attempt to become a candidate for a registered
727 political party under this section;
728 (ii) the name of the registered political party for which the member is seeking
729 nomination;
730 (iii) the office for which the member is seeking to become a candidate;
731 (iv) the address and telephone number of the member; and
732 (v) other information required by the lieutenant governor;
733 (b) file a declaration of candidacy, in person, with the filing officer on or after the
734 second Friday in March and before 5 p.m. on the third Thursday in March before the next
735 regular general election; and
736 (c) pay the filing fee.
737 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
738 party who, under this section, is seeking the nomination of the qualified political party for the
739 office of district attorney within a multicounty prosecution district that is to be filled at the next
740 general election shall:
741 (a) on or after January 1 before the next regular general election, and before gathering
742 signatures under this section, file with the filing officer on a form approved by the lieutenant
743 governor a notice of intent to gather signatures for candidacy that includes:
744 (i) the name of the member who will attempt to become a candidate for a registered
745 political party under this section;
746 (ii) the name of the registered political party for which the member is seeking
747 nomination;
748 (iii) the office for which the member is seeking to become a candidate;
749 (iv) the address and telephone number of the member; and
750 (v) other information required by the lieutenant governor;
751 (b) file a declaration of candidacy, in person, with the filing officer on or after the
752 second Friday in March and before 5 p.m. on the third Thursday in March before the next
753 regular general election; and
754 (c) pay the filing fee.
755 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
756 who files as the joint-ticket running mate of an individual who is nominated by a qualified
757 political party, under this section, for the office of governor shall submit a letter from the
758 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
759 mate.
760 (6) The lieutenant governor shall ensure that the certification described in Subsection
761 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
762 under this section.
763 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
764 is nominated by a qualified political party under this section, designate the qualified political
765 party that nominated the candidate.
766 (8) A member of a qualified political party may seek the nomination of the qualified
767 political party for an elective office by:
768 (a) complying with the requirements described in this section; and
769 (b) collecting signatures, on a form approved by the lieutenant governor's office, during
770 the period beginning on January 1 of an even-numbered year and ending 14 days before the day
771 on which the qualified political party's convention for the office is held, in the following
772 amounts:
773 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
774 permitted by the qualified political party to vote for the qualified political party's candidates in
775 a primary election;
776 (ii) for a congressional district race, 7,000 signatures of registered voters who are
777 residents of the congressional district and are permitted by the qualified political party to vote
778 for the qualified political party's candidates in a primary election;
779 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
780 residents of the state Senate district and are permitted by the qualified political party to vote for
781 the qualified political party's candidates in a primary election;
782 (iv) for a state House district race, 1,000 signatures of registered voters who are
783 residents of the state House district and are permitted by the qualified political party to vote for
784 the qualified political party's candidates in a primary election; [
785 (v) for a State Board of Education race, 4,000 signatures of registered voters who are
786 residents of the State Board of Education district and are permitted by the qualified political
787 party to vote for the qualified political party's candidates in a primary election;
788 [
789 residents of the area permitted to vote for the county office and are permitted by the qualified
790 political party to vote for the qualified political party's candidates in a primary election[
791 (vii) for a local partisan school district office race, signatures of 3% of the registered
792 voters who are residents of the area permitted to vote for the local partisan school district office
793 and are permitted by the qualified political party to vote for the qualified political party's
794 candidates in a primary election.
795 (9) (a) In order for a member of the qualified political party to qualify as a candidate
796 for the qualified political party's nomination for an elective office under this section, the
797 member shall:
798 (i) collect the signatures on a form approved by the lieutenant governor's office, using
799 the same circulation and verification requirements described in Sections 20A-7-304 and
800 20A-7-305; and
801 (ii) submit the signatures to the election officer no later than 14 days before the day on
802 which the qualified political party holds its convention to select candidates, for the elective
803 office, for the qualified political party's nomination.
804 (b) An individual may not gather signatures under this section until after the individual
805 files a notice of intent to gather signatures for candidacy described in this section.
806 (c) An individual who files a notice of intent to gather signatures for candidacy,
807 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
808 the notice of intent to gather signatures for candidacy:
809 (i) required to comply with the reporting requirements that a candidate for office is
810 required to comply with; and
811 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
812 apply to a candidate for office in relation to the reporting requirements described in Subsection
813 (9)(c)(i).
814 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
815 election officer shall, no later than one day before the day on which the qualified political party
816 holds the convention to select a nominee for the elective office to which the signature packets
817 relate:
818 (i) check the name of each individual who completes the verification for a signature
819 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
820 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
821 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
822 (iii) determine whether each signer is a registered voter who is qualified to sign the
823 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
824 on a petition;
825 (iv) certify whether each name is that of a registered voter who is qualified to sign the
826 signature packet; and
827 (v) notify the qualified political party and the lieutenant governor of the name of each
828 member of the qualified political party who qualifies as a nominee of the qualified political
829 party, under this section, for the elective office to which the convention relates.
830 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
831 this section, the lieutenant governor shall post the notice of intent to gather signatures for
832 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
833 posts a declaration of candidacy.
834 Section 8. Section 20A-11-403 is amended to read:
835 20A-11-403. Failure to file -- Penalties.
836 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
837 governor shall review each filed summary report to ensure that:
838 (a) each officeholder that is required to file a summary report has filed one; and
839 (b) each summary report contains the information required by this part.
840 (2) If it appears that any officeholder has failed to file the summary report required by
841 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
842 governor has received a written complaint alleging a violation of the law or the falsity of any
843 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
844 violation has occurred:
845 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
846 (b) within five days of discovery of a violation or receipt of a written complaint, notify
847 the officeholder of the violation or written complaint and direct the officeholder to file a
848 summary report correcting the problem.
849 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
850 within seven days after receiving notice from the lieutenant governor under this section.
851 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
852 misdemeanor.
853 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
854 attorney general.
855 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
856 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
857 (3)(a).
858 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
859 under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[
860 lieutenant governor shall review each filed interim report to ensure that each interim report
861 contains the information required for the report.
862 (5) If it appears that any officeholder has failed to file an interim report required by
863 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
864 governor has received a written complaint alleging a violation of the law or the falsity of any
865 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
866 violation has occurred:
867 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
868 (b) within five days after the day on which the violation is discovered or a written
869 complaint is received, notify the officeholder of the violation or written complaint and direct
870 the officeholder to file an interim report correcting the problem.
871 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
872 within seven days after the day on which the officeholder receives notice from the lieutenant
873 governor under this section.
874 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
875 misdemeanor.
876 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
877 attorney general.
878 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
879 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
880 (6)(a).
881 Section 9. Section 20A-11-1301 is amended to read:
882 20A-11-1301. School board office candidate -- Campaign finance requirements --
883 Candidate as a political action committee officer -- No personal use -- Contribution
884 reporting deadline -- Report other accounts.
885 (1) (a) (i) Each school board office candidate shall deposit each contribution and public
886 service assistance received in one or more separate accounts in a financial institution that are
887 dedicated only to that purpose.
888 (ii) A school board office candidate may:
889 (A) receive a contribution or public service assistance from a political action
890 committee registered under Section 20A-11-601; and
891 (B) be designated by a political action committee as an officer who has primary
892 decision-making authority as described in Section 20A-11-601.
893 (b) A school board office candidate may not use money deposited in an account
894 described in Subsection (1)(a)(i) for:
895 (i) a personal use expenditure; or
896 (ii) an expenditure prohibited by law.
897 (2) A school board office candidate may not deposit or mingle any contributions or
898 public service assistance received into a personal or business account.
899 (3) A school board office candidate may not make any political expenditures prohibited
900 by law.
901 (4) If a person who is no longer a school board office candidate chooses not to expend
902 the money remaining in a campaign account, the person shall continue to file the year-end
903 summary report required by Section 20A-11-1302 until the statement of dissolution and final
904 summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
905 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
906 is no longer a school board office candidate may not expend or transfer the money in a
907 campaign account in a manner that would cause the former school board office candidate to
908 recognize the money as taxable income under federal tax law.
909 (b) A person who is no longer a school board office candidate may transfer the money
910 in a campaign account in a manner that would cause the former school board office candidate
911 to recognize the money as taxable income under federal tax law if the transfer is made to a
912 campaign account for federal office.
913 (6) (a) As used in this Subsection (6) [
914 means the same as that term is defined in Subsection 20A-11-1303(1)(a).
915 [
916
917 [
918
919 [
920
921 (b) Each school board office candidate shall report to the chief election officer each
922 contribution and public service assistance received by the school board office candidate:
923 (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
924 the contribution or public service assistance is received; or
925 (ii) within three business days after the day on which the contribution or public service
926 assistance is received, if:
927 (A) the school board office candidate is contested in a primary election and the
928 contribution or public service assistance is received within 30 days before the day on which the
929 primary election is held; or
930 (B) the school board office candidate is contested in a general election and the
931 contribution or public service assistance is received within 30 days before the day on which the
932 general election is held.
933 (c) Except as provided in Subsection (6)(d), for each contribution or provision of
934 public service assistance that a school board office candidate fails to report within the time
935 period described in Subsection (6)(b), the chief election officer shall impose a fine against the
936 school board office candidate in an amount equal to:
937 (i) the greater of $50 or 15% of the amount of the contribution; or
938 (ii) the greater of $50 or 15% of the value of the public service assistance.
939 (d) A fine described in Subsection (6)(c) may not exceed the amount of the
940 contribution or the value of the public service assistance to which the fine relates.
941 (e) The chief election officer shall:
942 (i) deposit money received under Subsection (6)(c) into the General Fund; and
943 (ii) report on the chief election officer's website, in the location where reports relating
944 to each school board office candidate are available for public access:
945 (A) each fine imposed by the chief election officer against the school board office
946 candidate;
947 (B) the amount of the fine;
948 (C) the amount of the contribution to which the fine relates; and
949 (D) the date of the contribution.
950 (7) (a) As used in this Subsection (7), "account" means an account in a financial
951 institution:
952 (i) that is not described in Subsection (1)(a)(i); and
953 (ii) into which or from which a person who, as a candidate for an office, other than a
954 school board office for which the person files a declaration of candidacy or federal office, or as
955 a holder of an office, other than a school board office for which the person files a declaration of
956 candidacy or federal office, deposits a contribution or makes an expenditure.
957 (b) A school board office candidate shall include on any financial statement filed in
958 accordance with this part:
959 (i) a contribution deposited in an account:
960 (A) since the last campaign finance statement was filed; or
961 (B) that has not been reported under a statute or ordinance that governs the account; or
962 (ii) an expenditure made from an account:
963 (A) since the last campaign finance statement was filed; or
964 (B) that has not been reported under a statute or ordinance that governs the account.
965 Section 10. Section 20A-11-1303 is amended to read:
966 20A-11-1303. School board office candidate and school board officeholder --
967 Financial reporting requirements -- Interim reports.
968 (1) (a) As used in this section, "received" means:
969 (i) for a cash contribution, that the cash is given to a school board office candidate or a
970 member of the school board office candidate's personal campaign committee;
971 (ii) for a contribution that is a check or other negotiable instrument, that the check or
972 other negotiable instrument is negotiated; and
973 (iii) for any other type of contribution, that any portion of the contribution's benefit
974 inures to the school board office candidate.
975 [
976 campaign account required under Subsection 20A-11-1301(1)(a)(i).
977 [
978 times in any year in which the candidate has filed a declaration of candidacy for a public office:
979 [
980 (i) (A) seven days before the school board office candidate's political convention; or
981 (B) May 15, if the school board office candidate does not affiliate with a political
982 party;
983 (ii) seven days before the regular primary election date;
984 (iii) August 31; and
985 (iv) seven days before the regular general election date.
986 [
987 that has not been dissolved under Section 20A-11-1304 shall, in an even year, file an interim
988 report at the following times, regardless of whether an election for the school board office
989 holder's office is held that year:
990 [
991 (i) (A) seven days before the political convention for the political party of the school
992 board officeholder; or
993 (B) May 15, if the school board officeholder does not affiliate with a political party;
994 (ii) seven days before the regular primary election date for that year;
995 (iii) August 31; and
996 (iv) seven days before the regular general election date.
997 (2) Each interim report shall include the following information:
998 (a) the net balance of the last summary report, if any;
999 (b) a single figure equal to the total amount of receipts reported on all prior interim
1000 reports, if any, during the calendar year in which the interim report is due;
1001 (c) a single figure equal to the total amount of expenditures reported on all prior
1002 interim reports, if any, filed during the calendar year in which the interim report is due;
1003 (d) a detailed listing of each contribution and public service assistance received since
1004 the last summary report that has not been reported in detail on a prior interim report;
1005 (e) for each nonmonetary contribution:
1006 (i) the fair market value of the contribution with that information provided by the
1007 contributor; and
1008 (ii) a specific description of the contribution;
1009 (f) a detailed listing of each expenditure made since the last summary report that has
1010 not been reported in detail on a prior interim report;
1011 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1012 (h) a net balance for the year consisting of the net balance from the last summary
1013 report, if any, plus all receipts since the last summary report minus all expenditures since the
1014 last summary report;
1015 (i) a summary page in the form required by the lieutenant governor that identifies:
1016 (i) beginning balance;
1017 (ii) total contributions during the period since the last statement;
1018 (iii) total contributions to date;
1019 (iv) total expenditures during the period since the last statement; and
1020 (v) total expenditures to date; and
1021 (j) the name of a political action committee for which the school board office candidate
1022 or school board office holder is designated as an officer who has primary decision-making
1023 authority under Section 20A-11-601.
1024 (3) (a) For all individual contributions or public service assistance of $50 or less, a
1025 single aggregate figure may be reported without separate detailed listings.
1026 (b) Two or more contributions from the same source that have an aggregate total of
1027 more than $50 may not be reported in the aggregate, but shall be reported separately.
1028 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1029 as of five days before the required filing date of the report.
1030 (b) Any negotiable instrument or check received by a school board office candidate or
1031 school board office holder more than five days before the required filing date of a report
1032 required by this section shall be included in the interim report.
1033 Section 11. Section 20A-11-1305 is amended to read:
1034 20A-11-1305. School board office candidate -- Failure to file statement --
1035 Penalties.
1036 (1) (a) A school board office candidate who fails to file a financial statement by the
1037 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1038 (b) If a school board office candidate fails to file an interim report due before the
1039 regular primary election, on August 31, or before the regular general election, the chief election
1040 officer shall, after making a reasonable attempt to discover if the report was timely filed,
1041 inform the county clerk and other appropriate election officials who:
1042 (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
1043 the ballots are delivered to voters; or
1044 (B) shall, if removing the candidate's name from the ballot is not practicable, inform
1045 the voters by any practicable method that the candidate has been disqualified and that votes
1046 cast for the candidate will not be counted; and
1047 (ii) may not count any votes for that candidate.
1048 (c) Any school board office candidate who fails to file timely a financial statement
1049 required by Subsection 20A-11-1303(1)[
1050 (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
1051 not disqualified and the chief election officer may not impose a fine if:
1052 (i) the candidate timely files the reports required by this section in accordance with
1053 Section 20A-11-103;
1054 (ii) those reports are completed, detailing accurately and completely the information
1055 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1056 and
1057 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
1058 corrected in:
1059 (A) an amended report; or
1060 (B) the next scheduled report.
1061 (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
1062 board office candidate, the lieutenant governor shall review each filed summary report to
1063 ensure that:
1064 (i) each school board office candidate that is required to file a summary report has filed
1065 one; and
1066 (ii) each summary report contains the information required by this part.
1067 (b) If it appears that a school board office candidate has failed to file the summary
1068 report required by law, if it appears that a filed summary report does not conform to the law, or
1069 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1070 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1071 violation or receipt of a written complaint, notify the school board office candidate of the
1072 violation or written complaint and direct the school board office candidate to file a summary
1073 report correcting the problem.
1074 (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
1075 summary report within seven days after receiving notice from the lieutenant governor under
1076 this section.
1077 (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
1078 class B misdemeanor.
1079 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1080 attorney general.
1081 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
1082 governor shall impose a civil fine of $100 against a school board office candidate who violates
1083 Subsection (2)(c)(i).
1084 Section 12. Section 20A-14-103 is amended to read:
1085 20A-14-103. State Board of Education members -- When elected -- Qualifications
1086 -- Avoiding conflicts of interest.
1087 (1) [
1088 elected from a State Board of Education district at [
1089 election shall[
1090 [
1091 [
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1093
1094 [
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1102 (2) (a) A person seeking election to the State Board of Education shall have been a
1103 resident of the State Board of Education district in which the person is seeking election for at
1104 least one year as of the date of the election.
1105 (b) A person who has resided within the State Board of Education district, as the
1106 boundaries of the district exist on the date of the election, for one year immediately preceding
1107 the date of the election shall be considered to have met the requirements of this Subsection (2).
1108 (3) A State Board of Education member shall:
1109 (a) be and remain a registered voter in the State Board of Education district from which
1110 the member was elected or appointed; and
1111 (b) maintain the member's primary residence within the State Board of Education
1112 district from which the member was elected or appointed during the member's term of office.
1113 (4) A State Board of Education member may not, during the member's term of office,
1114 also serve as an employee of:
1115 (a) the State Board of Education;
1116 (b) the Utah State Office of Education; or
1117 (c) the Utah State Office of Rehabilitation.
1118 Section 13. Section 20A-14-104 is amended to read:
1119 20A-14-104. Becoming a candidate for membership on the State Board of
1120 Education.
1121 (1) [
1122 Education shall file a declaration of candidacy according to the procedures and requirements of
1123 Sections 20A-9-201 and 20A-9-202.
1124 [
1125
1126
1127
1128 [
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1194 (2) The office of State Board of Education member is a partisan office.
1195 Section 14. Repealer.
1196 This bill repeals:
1197 Section 20A-14-105, Becoming a candidate for membership on the State Board of
1198 Education -- Selection of candidates by the governor -- Ballot placement.