Senator Alvin B. Jackson proposes the following substitute bill:


1     
EDUCATION ELECTIONS AND REPORTING AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Alvin B. Jackson

5     
House Sponsor: Keven J. Stratton

6     

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 subject to partisan election and modifies the reporting
11     requirements of state school board office candidates and officeholders.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that members of the State Board of Education are elected through partisan
15     election;
16          ▸     modifies the reporting requirements of state school board office candidates and
17     officeholders;
18          ▸     removes the nominating committee, and related provisions, for selecting candidates
19     to run for the State Board of Education; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
28          20A-9-408, as enacted by Laws of Utah 2014, Chapter 17
29          20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
30          20A-11-1301, as last amended by Laws of Utah 2014, Chapters 335 and 337
31          20A-11-1303, as last amended by Laws of Utah 2014, Chapter 337
32          20A-11-1305, as last amended by Laws of Utah 2014, Chapter 337
33          20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
34          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
35     REPEALS:
36          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
37     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 20A-1-504 is amended to read:
41          20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
42     state auditor, and lieutenant governor.
43          (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
44     treasurer, [or] state auditor, [it] or State Board of Education, the vacancy shall be filled for the
45     unexpired term at the next regular general election.
46          (b) The governor shall fill the vacancy until the next regular general election by
47     appointing a person who meets the qualifications for the office from three persons nominated
48     by the state central committee of the same political party as the prior officeholder.
49          (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
50     consent of the Senate, appoint a person to hold the office until the next regular general election
51     at which the governor stands for election.
52          (3) For a State Board of Education vacancy, if the individual who is being replaced is
53     not a member of a political party, the governor shall fill the vacancy, with the consent of the
54     Senate, by selecting an individual who meets the qualifications and residency requirements for
55     filling the vacancy.
56          Section 2. Section 20A-9-408 is amended to read:

57          20A-9-408. Signature-gathering nomination process for qualified political party.
58          (1) This section describes the requirements for a member of a qualified political party
59     who is seeking the nomination of the qualified political party for an elective office through the
60     signature-gathering nomination process described in this section.
61          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
62     candidacy for a member of a qualified political party who is nominated by, or who is seeking
63     the nomination of, the qualified political party under this section shall be substantially as
64     follows:
65          "State of Utah, County of ____
66          I, ______________, declare my intention of becoming a candidate for the office of
67     ____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
68     to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
69     the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
70     any law governing campaigns and elections; I will file all campaign financial disclosure reports
71     as required by law; and I understand that failure to do so will result in my disqualification as a
72     candidate for this office and removal of my name from the ballot. The mailing address that I
73     designate for receiving official election notices is
74     ___________________________________________________________________________
75     ___________________________________________________________________________.
76          Subscribed and sworn before me this __________(month\day\year). Notary Public (or
77     other officer qualified to administer oath)."
78          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
79     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
80     nomination of the qualified political party for an elective office that is to be filled at the next
81     general election shall:
82          (a) within the period beginning on January 1 before the next regular general election
83     and ending on the third Thursday in March of the same year, and before gathering signatures
84     under this section, file with the filing officer on a form approved by the lieutenant governor a
85     notice of intent to gather signatures for candidacy that includes:
86          (i) the name of the member who will attempt to become a candidate for a registered
87     political party under this section;

88          (ii) the name of the registered political party for which the member is seeking
89     nomination;
90          (iii) the office for which the member is seeking to become a candidate;
91          (iv) the address and telephone number of the member; and
92          (v) other information required by the lieutenant governor;
93          (b) file a declaration of candidacy, in person, with the filing officer on or after the
94     second Friday in March and before 5 p.m. on the third Thursday in March before the next
95     regular general election; and
96          (c) pay the filing fee.
97          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
98     party who, under this section, is seeking the nomination of the qualified political party for the
99     office of district attorney within a multicounty prosecution district that is to be filled at the next
100     general election shall:
101          (a) on or after January 1 before the next regular general election, and before gathering
102     signatures under this section, file with the filing officer on a form approved by the lieutenant
103     governor a notice of intent to gather signatures for candidacy that includes:
104          (i) the name of the member who will attempt to become a candidate for a registered
105     political party under this section;
106          (ii) the name of the registered political party for which the member is seeking
107     nomination;
108          (iii) the office for which the member is seeking to become a candidate;
109          (iv) the address and telephone number of the member; and
110          (v) other information required by the lieutenant governor;
111          (b) file a declaration of candidacy, in person, with the filing officer on or after the
112     second Friday in March and before 5 p.m. on the third Thursday in March before the next
113     regular general election; and
114          (c) pay the filing fee.
115          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
116     who files as the joint-ticket running mate of an individual who is nominated by a qualified
117     political party, under this section, for the office of governor shall submit a letter from the
118     candidate for governor that names the lieutenant governor candidate as a joint-ticket running

119     mate.
120          (6) The lieutenant governor shall ensure that the certification described in Subsection
121     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
122     under this section.
123          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
124     is nominated by a qualified political party under this section, designate the qualified political
125     party that nominated the candidate.
126          (8) A member of a qualified political party may seek the nomination of the qualified
127     political party for an elective office by:
128          (a) complying with the requirements described in this section; and
129          (b) collecting signatures, on a form approved by the lieutenant governor's office, during
130     the period beginning on January 1 of an even-numbered year and ending 14 days before the day
131     on which the qualified political party's convention for the office is held, in the following
132     amounts:
133          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
134     permitted by the qualified political party to vote for the qualified political party's candidates in
135     a primary election;
136          (ii) for a congressional district race, 7,000 signatures of registered voters who are
137     residents of the congressional district and are permitted by the qualified political party to vote
138     for the qualified political party's candidates in a primary election;
139          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
140     residents of the state Senate district and are permitted by the qualified political party to vote for
141     the qualified political party's candidates in a primary election;
142          (iv) for a state House district race, 1,000 signatures of registered voters who are
143     residents of the state House district and are permitted by the qualified political party to vote for
144     the qualified political party's candidates in a primary election; [and]
145          (v) for a State Board of Education race, 4,000 signatures of registered voters who are
146     residents of the State Board of Education district and are permitted by the qualified political
147     party to vote for the qualified political party's candidates in a primary election; and
148          [(v)] (vi) for a county office race, signatures of 3% of the registered voters who are
149     residents of the area permitted to vote for the county office and are permitted by the qualified

150     political party to vote for the qualified political party's candidates in a primary election.
151          (9) (a) In order for a member of the qualified political party to qualify as a candidate
152     for the qualified political party's nomination for an elective office under this section, the
153     member shall:
154          (i) collect the signatures on a form approved by the lieutenant governor's office, using
155     the same circulation and verification requirements described in Sections 20A-7-304 and
156     20A-7-305; and
157          (ii) submit the signatures to the election officer no later than 14 days before the day on
158     which the qualified political party holds its convention to select candidates, for the elective
159     office, for the qualified political party's nomination.
160          (b) An individual may not gather signatures under this section until after the individual
161     files a notice of intent to gather signatures for candidacy described in this section.
162          (c) An individual who files a notice of intent to gather signatures for candidacy,
163     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
164     the notice of intent to gather signatures for candidacy:
165          (i) required to comply with the reporting requirements that a candidate for office is
166     required to comply with; and
167          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
168     apply to a candidate for office in relation to the reporting requirements described in Subsection
169     (9)(c)(i).
170          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
171     election officer shall, no later than one day before the day on which the qualified political party
172     holds the convention to select a nominee for the elective office to which the signature packets
173     relate:
174          (i) check the name of each individual who completes the verification for a signature
175     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
176          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
177     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
178          (iii) determine whether each signer is a registered voter who is qualified to sign the
179     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
180     on a petition;

181          (iv) certify whether each name is that of a registered voter who is qualified to sign the
182     signature packet; and
183          (v) notify the qualified political party and the lieutenant governor of the name of each
184     member of the qualified political party who qualifies as a nominee of the qualified political
185     party, under this section, for the elective office to which the convention relates.
186          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
187     this section, the lieutenant governor shall post the notice of intent to gather signatures for
188     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
189     posts a declaration of candidacy.
190          Section 3. Section 20A-11-403 is amended to read:
191          20A-11-403. Failure to file -- Penalties.
192          (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
193     governor shall review each filed summary report to ensure that:
194          (a) each officeholder that is required to file a summary report has filed one; and
195          (b) each summary report contains the information required by this part.
196          (2) If it appears that any officeholder has failed to file the summary report required by
197     law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
198     governor has received a written complaint alleging a violation of the law or the falsity of any
199     summary report, the lieutenant governor shall, if the lieutenant governor determines that a
200     violation has occurred:
201          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
202          (b) within five days of discovery of a violation or receipt of a written complaint, notify
203     the officeholder of the violation or written complaint and direct the officeholder to file a
204     summary report correcting the problem.
205          (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
206     within seven days after receiving notice from the lieutenant governor under this section.
207          (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
208     misdemeanor.
209          (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
210     attorney general.
211          (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant

212     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
213     (3)(a).
214          (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
215     under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[(c)](d), the
216     lieutenant governor shall review each filed interim report to ensure that each interim report
217     contains the information required for the report.
218          (5) If it appears that any officeholder has failed to file an interim report required by
219     law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
220     governor has received a written complaint alleging a violation of the law or the falsity of any
221     interim report, the lieutenant governor shall, if the lieutenant governor determines that a
222     violation has occurred:
223          (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
224          (b) within five days after the day on which the violation is discovered or a written
225     complaint is received, notify the officeholder of the violation or written complaint and direct
226     the officeholder to file an interim report correcting the problem.
227          (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
228     within seven days after the day on which the officeholder receives notice from the lieutenant
229     governor under this section.
230          (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
231     misdemeanor.
232          (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
233     attorney general.
234          (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
235     governor shall impose a civil fine of $100 against an officeholder who violates Subsection
236     (6)(a).
237          Section 4. Section 20A-11-1301 is amended to read:
238          20A-11-1301. School board office candidate -- Campaign finance requirements --
239     Candidate as a political action committee officer -- No personal use -- Contribution
240     reporting deadline -- Report other accounts.
241          (1) (a) (i) Each school board office candidate shall deposit each contribution and public
242     service assistance received in one or more separate accounts in a financial institution that are

243     dedicated only to that purpose.
244          (ii) A school board office candidate may:
245          (A) receive a contribution or public service assistance from a political action
246     committee registered under Section 20A-11-601; and
247          (B) be designated by a political action committee as an officer who has primary
248     decision-making authority as described in Section 20A-11-601.
249          (b) A school board office candidate may not use money deposited in an account
250     described in Subsection (1)(a)(i) for:
251          (i) a personal use expenditure; or
252          (ii) an expenditure prohibited by law.
253          (2) A school board office candidate may not deposit or mingle any contributions or
254     public service assistance received into a personal or business account.
255          (3) A school board office candidate may not make any political expenditures prohibited
256     by law.
257          (4) If a person who is no longer a school board office candidate chooses not to expend
258     the money remaining in a campaign account, the person shall continue to file the year-end
259     summary report required by Section 20A-11-1302 until the statement of dissolution and final
260     summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
261          (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
262     is no longer a school board office candidate may not expend or transfer the money in a
263     campaign account in a manner that would cause the former school board office candidate to
264     recognize the money as taxable income under federal tax law.
265          (b) A person who is no longer a school board office candidate may transfer the money
266     in a campaign account in a manner that would cause the former school board office candidate
267     to recognize the money as taxable income under federal tax law if the transfer is made to a
268     campaign account for federal office.
269          (6) (a) As used in this Subsection (6) [and Section 20A-11-1303], "received" [means:]
270     means the same as that term is defined in Subsection 20A-11-1303(1)(a).
271          [(i) for a cash contribution, that the cash is given to a school board office candidate or a
272     member of the candidate's personal campaign committee;]
273          [(ii) for a contribution that is a negotiable instrument or check, that the negotiable

274     instrument or check is negotiated; and]
275          [(iii) for any other type of contribution, that any portion of the contribution's benefit
276     inures to the school board office candidate.]
277          (b) Each school board office candidate shall report to the chief election officer each
278     contribution and public service assistance received by the school board office candidate:
279          (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
280     the contribution or public service assistance is received; or
281          (ii) within three business days after the day on which the contribution or public service
282     assistance is received, if:
283          (A) the school board office candidate is contested in a primary election and the
284     contribution or public service assistance is received within 30 days before the day on which the
285     primary election is held; or
286          (B) the school board office candidate is contested in a general election and the
287     contribution or public service assistance is received within 30 days before the day on which the
288     general election is held.
289          (c) Except as provided in Subsection (6)(d), for each contribution or provision of
290     public service assistance that a school board office candidate fails to report within the time
291     period described in Subsection (6)(b), the chief election officer shall impose a fine against the
292     school board office candidate in an amount equal to:
293          (i) the greater of $50 or 15% of the amount of the contribution; or
294          (ii) the greater of $50 or 15% of the value of the public service assistance.
295          (d) A fine described in Subsection (6)(c) may not exceed the amount of the
296     contribution or the value of the public service assistance to which the fine relates.
297          (e) The chief election officer shall:
298          (i) deposit money received under Subsection (6)(c) into the General Fund; and
299          (ii) report on the chief election officer's website, in the location where reports relating
300     to each school board office candidate are available for public access:
301          (A) each fine imposed by the chief election officer against the school board office
302     candidate;
303          (B) the amount of the fine;
304          (C) the amount of the contribution to which the fine relates; and

305          (D) the date of the contribution.
306          (7) (a) As used in this Subsection (7), "account" means an account in a financial
307     institution:
308          (i) that is not described in Subsection (1)(a)(i); and
309          (ii) into which or from which a person who, as a candidate for an office, other than a
310     school board office for which the person files a declaration of candidacy or federal office, or as
311     a holder of an office, other than a school board office for which the person files a declaration of
312     candidacy or federal office, deposits a contribution or makes an expenditure.
313          (b) A school board office candidate shall include on any financial statement filed in
314     accordance with this part:
315          (i) a contribution deposited in an account:
316          (A) since the last campaign finance statement was filed; or
317          (B) that has not been reported under a statute or ordinance that governs the account; or
318          (ii) an expenditure made from an account:
319          (A) since the last campaign finance statement was filed; or
320          (B) that has not been reported under a statute or ordinance that governs the account.
321          Section 5. Section 20A-11-1303 is amended to read:
322          20A-11-1303. School board office candidate and school board officeholder --
323     Financial reporting requirements -- Interim reports.
324          (1) (a) As used in this section, "received" means:
325          (i) for a cash contribution, that the cash is given to a school board office candidate or a
326     member of the school board office candidate's personal campaign committee;
327          (ii) for a contribution that is a check or other negotiable instrument, that the check or
328     other negotiable instrument is negotiated; and
329          (iii) for any other type of contribution, that any portion of the contribution's benefit
330     inures to the school board office candidate.
331          [(1) (a)] (b) As used in this Subsection (1), "campaign account" means a separate
332     campaign account required under Subsection 20A-11-1301(1)(a)(i).
333          [(b)] (c) Each school board office candidate shall file an interim report at the following
334     times in any year in which the candidate has filed a declaration of candidacy for a public office:
335          [(i) May 15;]

336          (i) (A) seven days before the school board office candidate's political convention; or
337          (B) May 15, if the school board office candidate does not affiliate with a political
338     party;
339          (ii) seven days before the regular primary election date;
340          (iii) August 31; and
341          (iv) seven days before the regular general election date.
342          [(c)] (d) Each school board [office holder] officeholder who has a campaign account
343     that has not been dissolved under Section 20A-11-1304 shall, in an even year, file an interim
344     report at the following times, regardless of whether an election for the school board office
345     holder's office is held that year:
346          [(i) May 15;]
347          (i) (A) seven days before the political convention for the political party of the school
348     board officeholder; or
349          (B) May 15, if the school board officeholder does not affiliate with a political party;
350          (ii) seven days before the regular primary election date for that year;
351          (iii) August 31; and
352          (iv) seven days before the regular general election date.
353          (2) Each interim report shall include the following information:
354          (a) the net balance of the last summary report, if any;
355          (b) a single figure equal to the total amount of receipts reported on all prior interim
356     reports, if any, during the calendar year in which the interim report is due;
357          (c) a single figure equal to the total amount of expenditures reported on all prior
358     interim reports, if any, filed during the calendar year in which the interim report is due;
359          (d) a detailed listing of each contribution and public service assistance received since
360     the last summary report that has not been reported in detail on a prior interim report;
361          (e) for each nonmonetary contribution:
362          (i) the fair market value of the contribution with that information provided by the
363     contributor; and
364          (ii) a specific description of the contribution;
365          (f) a detailed listing of each expenditure made since the last summary report that has
366     not been reported in detail on a prior interim report;

367          (g) for each nonmonetary expenditure, the fair market value of the expenditure;
368          (h) a net balance for the year consisting of the net balance from the last summary
369     report, if any, plus all receipts since the last summary report minus all expenditures since the
370     last summary report;
371          (i) a summary page in the form required by the lieutenant governor that identifies:
372          (i) beginning balance;
373          (ii) total contributions during the period since the last statement;
374          (iii) total contributions to date;
375          (iv) total expenditures during the period since the last statement; and
376          (v) total expenditures to date; and
377          (j) the name of a political action committee for which the school board office candidate
378     or school board office holder is designated as an officer who has primary decision-making
379     authority under Section 20A-11-601.
380          (3) (a) For all individual contributions or public service assistance of $50 or less, a
381     single aggregate figure may be reported without separate detailed listings.
382          (b) Two or more contributions from the same source that have an aggregate total of
383     more than $50 may not be reported in the aggregate, but shall be reported separately.
384          (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
385     as of five days before the required filing date of the report.
386          (b) Any negotiable instrument or check received by a school board office candidate or
387     school board office holder more than five days before the required filing date of a report
388     required by this section shall be included in the interim report.
389          Section 6. Section 20A-11-1305 is amended to read:
390          20A-11-1305. School board office candidate -- Failure to file statement --
391     Penalties.
392          (1) (a) A school board office candidate who fails to file a financial statement by the
393     deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
394          (b) If a school board office candidate fails to file an interim report due before the
395     regular primary election, on August 31, or before the regular general election, the chief election
396     officer shall, after making a reasonable attempt to discover if the report was timely filed,
397     inform the county clerk and other appropriate election officials who:

398          (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
399     the ballots are delivered to voters; or
400          (B) shall, if removing the candidate's name from the ballot is not practicable, inform
401     the voters by any practicable method that the candidate has been disqualified and that votes
402     cast for the candidate will not be counted; and
403          (ii) may not count any votes for that candidate.
404          (c) Any school board office candidate who fails to file timely a financial statement
405     required by Subsection 20A-11-1303(1)[(b)(ii), (iii), or (iv)](c) is disqualified.
406          (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
407     not disqualified and the chief election officer may not impose a fine if:
408          (i) the candidate timely files the reports required by this section in accordance with
409     Section 20A-11-103;
410          (ii) those reports are completed, detailing accurately and completely the information
411     required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
412     and
413          (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
414     corrected in:
415          (A) an amended report; or
416          (B) the next scheduled report.
417          (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
418     board office candidate, the lieutenant governor shall review each filed summary report to
419     ensure that:
420          (i) each school board office candidate that is required to file a summary report has filed
421     one; and
422          (ii) each summary report contains the information required by this part.
423          (b) If it appears that a school board office candidate has failed to file the summary
424     report required by law, if it appears that a filed summary report does not conform to the law, or
425     if the lieutenant governor has received a written complaint alleging a violation of the law or the
426     falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
427     violation or receipt of a written complaint, notify the school board office candidate of the
428     violation or written complaint and direct the school board office candidate to file a summary

429     report correcting the problem.
430          (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
431     summary report within seven days after receiving notice from the lieutenant governor under
432     this section.
433          (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
434     class B misdemeanor.
435          (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
436     attorney general.
437          (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
438     governor shall impose a civil fine of $100 against a school board office candidate who violates
439     Subsection (2)(c)(i).
440          Section 7. Section 20A-14-103 is amended to read:
441          20A-14-103. State Board of Education members -- When elected -- Qualifications
442     -- Avoiding conflicts of interest.
443          (1) [(a)] Unless otherwise provided by law, each State Board of Education member
444     elected from a State Board of Education district at [the 2010] or before the 2014 general
445     election shall[: (i)] serve out the term of office for which that member was elected[; and].
446          [(ii) represent the realigned district if the member resides in that district.]
447          [(b) At the general election to be held in 2012, a State Board of Education member
448     elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
449     to serve a term of office of four years.]
450          [(c) In order to ensure that the terms of approximately half of the State Board of
451     Education members expire every two years:]
452          [(i) at the general election to be held in 2012, the State Board of Education member
453     elected from State Board of Education District 1 shall be elected to serve a term of office of
454     two years; and]
455          [(ii) at the general election to be held in 2014, the State Board of Education member
456     elected from State Board of Education District 1 shall be elected to serve a term of office of
457     four years.]
458          (2) (a) A person seeking election to the State Board of Education shall have been a
459     resident of the State Board of Education district in which the person is seeking election for at

460     least one year as of the date of the election.
461          (b) A person who has resided within the State Board of Education district, as the
462     boundaries of the district exist on the date of the election, for one year immediately preceding
463     the date of the election shall be considered to have met the requirements of this Subsection (2).
464          (3) A State Board of Education member shall:
465          (a) be and remain a registered voter in the State Board of Education district from which
466     the member was elected or appointed; and
467          (b) maintain the member's primary residence within the State Board of Education
468     district from which the member was elected or appointed during the member's term of office.
469          (4) A State Board of Education member may not, during the member's term of office,
470     also serve as an employee of:
471          (a) the State Board of Education;
472          (b) the Utah State Office of Education; or
473          (c) the Utah State Office of Rehabilitation.
474          Section 8. Section 20A-14-104 is amended to read:
475          20A-14-104. Becoming a candidate for membership on the State Board of
476     Education.
477          (1) [(a) Persons] A person interested in becoming a candidate for the State Board of
478     Education shall file a declaration of candidacy according to the procedures and requirements of
479     Sections 20A-9-201 and 20A-9-202.
480          [(b) By May 1 of the year in which a State Board of Education member's term expires,
481     the lieutenant governor shall submit the name of each person who has filed a declaration of
482     candidacy for the State Board of Education to the nominating and recruiting committee for the
483     State Board of Education.]
484          [(2) By November 1 of the year preceding each regular general election year, a
485     nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
486     shall be appointed by the governor as follows:]
487          [(a) one member shall be appointed to represent each of the following business and
488     industry sectors:]
489          [(i) manufacturing and mining;]
490          [(ii) transportation and public utilities;]

491          [(iii) service, trade, and information technology;]
492          [(iv) finance, insurance, and real estate;]
493          [(v) construction; and]
494          [(vi) agriculture; and]
495          [(b) one member shall be appointed to represent each of the following education
496     sectors:]
497          [(i) teachers;]
498          [(ii) school administrators;]
499          [(iii) parents;]
500          [(iv) local school board members;]
501          [(v) charter schools; and]
502          [(vi) higher education.]
503          [(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
504     through (vi) shall be appointed from lists containing at least two names submitted by
505     organizations representing each of the respective sectors.]
506          [(b) At least one member of the nominating and recruiting committee shall reside
507     within each state board district in which a member's term expires during the committee's two-
508     year term of office.]
509          [(4) (a) The members shall elect one member to serve as chair for the committee.]
510          [(b) The chair, or another member of the committee designated by the chair, shall
511     schedule and convene all committee meetings.]
512          [(c) Any formal action by the committee requires the approval of a majority of
513     committee members.]
514          [(d) Members of the nominating and recruiting committee shall serve without
515     compensation, but they may be reimbursed for expenses incurred in the performance of their
516     official duties as established by the Division of Finance.]
517          [(5) The nominating and recruiting committee shall:]
518          [(a) recruit potential candidates for membership on the State Board of Education prior
519     to the deadline to file a declaration of candidacy;]
520          [(b) prepare a list of candidates for membership on the State Board of Education for
521     each state board district subject to election in that year using the qualifications under

522     Subsection (6);]
523          [(c) submit a list of at least three candidates for each state board position to the
524     governor by July 1; and]
525          [(d) ensure that the list includes appropriate background information on each
526     candidate.]
527          [(6) The nominating committee shall select a broad variety of candidates who possess
528     outstanding professional qualifications relating to the powers and duties of the State Board of
529     Education, including experience in the following areas:]
530          [(a) business and industry administration;]
531          [(b) business and industry human resource management;]
532          [(c) business and industry finance;]
533          [(d) business and industry, including expertise in:]
534          [(i) metrics and evaluation;]
535          [(ii) manufacturing;]
536          [(iii) retailing;]
537          [(iv) natural resources;]
538          [(v) information technology;]
539          [(vi) construction;]
540          [(vii) banking;]
541          [(viii) science and engineering; and]
542          [(ix) medical and healthcare;]
543          [(e) higher education administration;]
544          [(f) applied technology education;]
545          [(g) public education administration;]
546          [(h) public education instruction;]
547          [(i) economic development;]
548          [(j) labor; and]
549          [(k) other life experiences that would benefit the State Board of Education.]
550          (2) The office of State Board of Education member is a partisan office.
551          Section 9. Repealer.
552          This bill repeals:

553          Section 20A-14-105, Becoming a candidate for membership on the State Board of
554     Education -- Selection of candidates by the governor -- Ballot placement.