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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to the election of State Board
10 of Education members.
11 Highlighted Provisions:
12 This bill:
13 ▸ repeals provisions relating to the Nominating and Recruiting Committee for the
14 office of State Board of Education member;
15 ▸ for the 2016 election year only, provides that candidates for the office of State
16 Board of Education member participate in a nonpartisan primary election to narrow
17 the number of candidates who participate in the general election;
18 ▸ beginning with the 2018 election year:
19 • provides that members of the State Board of Education are elected through
20 partisan election; and
21 • modifies the reporting requirements of candidates for, and officeholders on, the
22 State Board of Education; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
29 AMENDS:
30 20A-1-102, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
31 20A-1-504, as last amended by Laws of Utah 2010, Chapter 197
32 20A-9-407, as last amended by Laws of Utah 2015, Chapter 296
33 20A-9-408, as last amended by Laws of Utah 2015, Chapter 296
34 20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
35 20A-11-1301, as last amended by Laws of Utah 2015, Chapters 21 and 127
36 20A-11-1303, as last amended by Laws of Utah 2015, Chapter 204
37 20A-11-1305, as last amended by Laws of Utah 2015, Chapter 204
38 20A-14-103, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
39 20A-9-201, as last amended by Laws of Utah 2015, Chapter 296
40 20A-9-403, as last amended by Laws of Utah 2015, Chapter 296
41 20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
42 63I-2-220, as last amended by Laws of Utah 2014, Chapter 3
43 ENACTS:
44 20A-14-104.1, Utah Code Annotated 1953
45 REPEALS:
46 20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
47 amended by Coordination Clause, Laws of Utah 2011, Chapter 327
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 20A-1-102 is amended to read:
51 20A-1-102. Definitions.
52 As used in this title:
53 (1) "Active voter" means a registered voter who has not been classified as an inactive
54 voter by the county clerk.
55 (2) "Automatic tabulating equipment" means apparatus that automatically examines
56 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
57 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
58 upon which a voter records the voter's votes.
59 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
60 envelopes.
61 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
62 (a) contain the names of offices and candidates and statements of ballot propositions to
63 be voted on; and
64 (b) are used in conjunction with ballot sheets that do not display that information.
65 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
66 on the ballot for their approval or rejection including:
67 (a) an opinion question specifically authorized by the Legislature;
68 (b) a constitutional amendment;
69 (c) an initiative;
70 (d) a referendum;
71 (e) a bond proposition;
72 (f) a judicial retention question;
73 (g) an incorporation of a city or town; or
74 (h) any other ballot question specifically authorized by the Legislature.
75 (6) "Ballot sheet":
76 (a) means a ballot that:
77 (i) consists of paper or a card where the voter's votes are marked or recorded; and
78 (ii) can be counted using automatic tabulating equipment; and
79 (b) includes punch card ballots and other ballots that are machine-countable.
80 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
81 together with a staple or stitch in at least three places across the top of the paper in the blank
82 space reserved for securing the paper.
83 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
84 20A-4-306 to canvass election returns.
85 (9) "Bond election" means an election held for the purpose of approving or rejecting
86 the proposed issuance of bonds by a government entity.
87 (10) "Book voter registration form" means voter registration forms contained in a
88 bound book that are used by election officers and registration agents to register persons to vote.
89 (11) "Business reply mail envelope" means an envelope that may be mailed free of
90 charge by the sender.
91 (12) "By-mail voter registration form" means a voter registration form designed to be
92 completed by the voter and mailed to the election officer.
93 (13) "Canvass" means the review of election returns and the official declaration of
94 election results by the board of canvassers.
95 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
96 the canvass.
97 (15) "Contracting election officer" means an election officer who enters into a contract
98 or interlocal agreement with a provider election officer.
99 (16) "Convention" means the political party convention at which party officers and
100 delegates are selected.
101 (17) "Counting center" means one or more locations selected by the election officer in
102 charge of the election for the automatic counting of ballots.
103 (18) "Counting judge" means a poll worker designated to count the ballots during
104 election day.
105 (19) "Counting poll watcher" means a person selected as provided in Section
106 20A-3-201 to witness the counting of ballots.
107 (20) "Counting room" means a suitable and convenient private place or room,
108 immediately adjoining the place where the election is being held, for use by the poll workers
109 and counting judges to count ballots during election day.
110 (21) "County officers" means those county officers that are required by law to be
111 elected.
112 (22) "Date of the election" or "election day" or "day of the election":
113 (a) means the day that is specified in the calendar year as the day that the election
114 occurs; and
115 (b) does not include:
116 (i) deadlines established for absentee voting; or
117 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
118 Voting.
119 (23) "Elected official" means:
120 (a) a person elected to an office under Section 20A-1-303;
121 (b) a person who is considered to be elected to a municipal office in accordance with
122 Subsection 20A-1-206(1)(c)(ii); or
123 (c) a person who is considered to be elected to a local district office in accordance with
124 Subsection 20A-1-206(3)(c)(ii).
125 (24) "Election" means a regular general election, a municipal general election, a
126 statewide special election, a local special election, a regular primary election, a municipal
127 primary election, and a local district election.
128 (25) "Election Assistance Commission" means the commission established by [
129
130 (26) "Election cycle" means the period beginning on the first day persons are eligible to
131 file declarations of candidacy and ending when the canvass is completed.
132 (27) "Election judge" means a poll worker that is assigned to:
133 (a) preside over other poll workers at a polling place;
134 (b) act as the presiding election judge; or
135 (c) serve as a canvassing judge, counting judge, or receiving judge.
136 (28) "Election officer" means:
137 (a) the lieutenant governor, for all statewide ballots and elections;
138 (b) the county clerk for:
139 (i) a county 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 (c) the municipal clerk for:
143 (i) a municipal 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;
146 (d) the local district clerk or chief executive officer for:
147 (i) a local 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; or
150 (e) the business administrator or superintendent of a school district for:
151 (i) a school district ballot and election; and
152 (ii) a ballot and election as a provider election officer as provided in Section
153 20A-5-400.1 or 20A-5-400.5.
154 (29) "Election official" means any election officer, election judge, or poll worker.
155 (30) "Election results" means:
156 (a) for an election other than a bond election, the count of votes cast in the election and
157 the election returns requested by the board of canvassers; or
158 (b) for bond elections, the count of those votes cast for and against the bond
159 proposition plus any or all of the election returns that the board of canvassers may request.
160 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
161 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
162 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
163 form, and the total votes cast form.
164 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
165 device or other voting device that records and stores ballot information by electronic means.
166 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
167 or logically associated with a record and executed or adopted by a person with the intent to sign
168 the record.
169 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
170 (b) "Electronic voting device" includes a direct recording electronic voting device.
171 (35) "Inactive voter" means a registered voter who has:
172 (a) been sent the notice required by Section 20A-2-306; and
173 (b) failed to respond to that notice.
174 (36) "Inspecting poll watcher" means a person selected as provided in this title to
175 witness the receipt and safe deposit of voted and counted ballots.
176 (37) "Judicial office" means the office filled by any judicial officer.
177 (38) "Judicial officer" means any justice or judge of a court of record or any county
178 court judge.
179 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
180 Local Government Entities - Local Districts, and includes a special service district under Title
181 17D, Chapter 1, Special Service District Act.
182 (40) "Local district officers" means those local district board members that are required
183 by law to be elected.
184 (41) "Local election" means a regular county election, a regular municipal election, a
185 municipal primary election, a local special election, a local district election, and a bond
186 election.
187 (42) "Local political subdivision" means a county, a municipality, a local district, or a
188 local school district.
189 (43) "Local special election" means a special election called by the governing body of a
190 local political subdivision in which all registered voters of the local political subdivision may
191 vote.
192 (44) "Municipal executive" means:
193 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
194 (b) the mayor in the council-manager form of government defined in Subsection
195 10-3b-103(7); or
196 (c) the chair of a metro township form of government defined in Section 10-3b-102.
197 (45) "Municipal general election" means the election held in municipalities and, as
198 applicable, local districts on the first Tuesday after the first Monday in November of each
199 odd-numbered year for the purposes established in Section 20A-1-202.
200 (46) "Municipal legislative body" means:
201 (a) the council of the city or town in any form of municipal government; or
202 (b) the council of a metro township.
203 (47) "Municipal office" means an elective office in a municipality.
204 (48) "Municipal officers" means those municipal officers that are required by law to be
205 elected.
206 (49) "Municipal primary election" means an election held to nominate candidates for
207 municipal office.
208 (50) "Official ballot" means the ballots distributed by the election officer to the poll
209 workers to be given to voters to record their votes.
210 (51) "Official endorsement" means:
211 (a) the information on the ballot that identifies:
212 (i) the ballot as an official ballot;
213 (ii) the date of the election; and
214 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
215 facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
216 (B) for a ballot prepared by a county clerk, the words required by Subsection
217 20A-6-301(1)(c)(iii); and
218 (b) the information on the ballot stub that identifies:
219 (i) the poll worker's initials; and
220 (ii) the ballot number.
221 (52) "Official register" means the official record furnished to election officials by the
222 election officer that contains the information required by Section 20A-5-401.
223 (53) "Paper ballot" means a paper that contains:
224 (a) the names of offices and candidates and statements of ballot propositions to be
225 voted on; and
226 (b) spaces for the voter to record the voter's vote for each office and for or against each
227 ballot proposition.
228 (54) "Pilot project" means the election day voter registration pilot project created in
229 Section 20A-4-108.
230 (55) "Political party" means an organization of registered voters that has qualified to
231 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
232 and Procedures.
233 (56) "Pollbook" means a record of the names of voters in the order that they appear to
234 cast votes.
235 (57) "Polling place" means the building where voting is conducted.
236 (58) (a) "Poll worker" means a person assigned by an election official to assist with an
237 election, voting, or counting votes.
238 (b) "Poll worker" includes election judges.
239 (c) "Poll worker" does not include a watcher.
240 (59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
241 in which the voter marks the voter's choice.
242 (60) "Primary convention" means the political party conventions held during the year
243 of the regular general election.
244 (61) "Protective counter" means a separate counter, which cannot be reset, that:
245 (a) is built into a voting machine; and
246 (b) records the total number of movements of the operating lever.
247 (62) "Provider election officer" means an election officer who enters into a contract or
248 interlocal agreement with a contracting election officer to conduct an election for the
249 contracting election officer's local political subdivision in accordance with Section
250 20A-5-400.1.
251 (63) "Provisional ballot" means a ballot voted provisionally by a person:
252 (a) whose name is not listed on the official register at the polling place;
253 (b) whose legal right to vote is challenged as provided in this title; or
254 (c) whose identity was not sufficiently established by a poll worker.
255 (64) "Provisional ballot envelope" means an envelope printed in the form required by
256 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
257 verify a person's legal right to vote.
258 (65) "Qualify" or "qualified" means to take the oath of office and begin performing the
259 duties of the position for which the person was elected.
260 (66) "Receiving judge" means the poll worker that checks the voter's name in the
261 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
262 after the voter has voted.
263 (67) "Registration form" means a book voter registration form and a by-mail voter
264 registration form.
265 (68) "Regular ballot" means a ballot that is not a provisional ballot.
266 (69) "Regular general election" means the election held throughout the state on the first
267 Tuesday after the first Monday in November of each even-numbered year for the purposes
268 established in Section 20A-1-201.
269 (70) "Regular primary election" means the election on the fourth Tuesday of June of
270 each even-numbered year, to nominate candidates of political parties and candidates for
271 nonpartisan State Board of Education and local school board positions to advance to the regular
272 general election.
273 (71) "Resident" means a person who resides within a specific voting precinct in Utah.
274 (72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
275 and distributed as provided in Section 20A-5-405.
276 (73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
277 punch the ballot for one or more candidates who are members of different political parties or
278 who are unaffiliated.
279 (74) "Secrecy envelope" means the envelope given to a voter along with the ballot into
280 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
281 the voter's vote.
282 (75) "Special election" means an election held as authorized by Section 20A-1-203.
283 (76) "Spoiled ballot" means each ballot that:
284 (a) is spoiled by the voter;
285 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
286 (c) lacks the official endorsement.
287 (77) "Statewide special election" means a special election called by the governor or the
288 Legislature in which all registered voters in Utah may vote.
289 (78) "Stub" means the detachable part of each ballot.
290 (79) "Substitute ballots" means replacement ballots provided by an election officer to
291 the poll workers when the official ballots are lost or stolen.
292 (80) "Ticket" means each list of candidates for each political party or for each group of
293 petitioners.
294 (81) "Transfer case" means the sealed box used to transport voted ballots to the
295 counting center.
296 (82) "Vacancy" means the absence of a person to serve in any position created by
297 statute, whether that absence occurs because of death, disability, disqualification, resignation,
298 or other cause.
299 (83) "Valid voter identification" means:
300 (a) a form of identification that bears the name and photograph of the voter which may
301 include:
302 (i) a currently valid Utah driver license;
303 (ii) a currently valid identification card that is issued by:
304 (A) the state; or
305 (B) a branch, department, or agency of the United States;
306 (iii) a currently valid Utah permit to carry a concealed weapon;
307 (iv) a currently valid United States passport; or
308 (v) a currently valid United States military identification card;
309 (b) one of the following identification cards, whether or not the card includes a
310 photograph of the voter:
311 (i) a valid tribal identification card;
312 (ii) a Bureau of Indian Affairs card; or
313 (iii) a tribal treaty card; or
314 (c) two forms of identification not listed under Subsection (83)(a) or (b) but that bear
315 the name of the voter and provide evidence that the voter resides in the voting precinct, which
316 may include:
317 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
318 election;
319 (ii) a bank or other financial account statement, or a legible copy thereof;
320 (iii) a certified birth certificate;
321 (iv) a valid Social Security card;
322 (v) a check issued by the state or the federal government or a legible copy thereof;
323 (vi) a paycheck from the voter's employer, or a legible copy thereof;
324 (vii) a currently valid Utah hunting or fishing license;
325 (viii) certified naturalization documentation;
326 (ix) a currently valid license issued by an authorized agency of the United States;
327 (x) a certified copy of court records showing the voter's adoption or name change;
328 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
329 (xii) a currently valid identification card issued by:
330 (A) a local government within the state;
331 (B) an employer for an employee; or
332 (C) a college, university, technical school, or professional school located within the
333 state; or
334 (xiii) a current Utah vehicle registration.
335 (84) "Valid write-in candidate" means a candidate who has qualified as a write-in
336 candidate by following the procedures and requirements of this title.
337 (85) "Voter" means a person who:
338 (a) meets the requirements for voting in an election;
339 (b) meets the requirements of election registration;
340 (c) is registered to vote; and
341 (d) is listed in the official register book.
342 (86) "Voter registration deadline" means the registration deadline provided in Section
343 20A-2-102.5.
344 (87) "Voting area" means the area within six feet of the voting booths, voting
345 machines, and ballot box.
346 (88) "Voting booth" means:
347 (a) the space or compartment within a polling place that is provided for the preparation
348 of ballots, including the voting machine enclosure or curtain; or
349 (b) a voting device that is free standing.
350 (89) "Voting device" means:
351 (a) an apparatus in which ballot sheets are used in connection with a punch device for
352 piercing the ballots by the voter;
353 (b) a device for marking the ballots with ink or another substance;
354 (c) an electronic voting device or other device used to make selections and cast a ballot
355 electronically, or any component thereof;
356 (d) an automated voting system under Section 20A-5-302; or
357 (e) any other method for recording votes on ballots so that the ballot may be tabulated
358 by means of automatic tabulating equipment.
359 (90) "Voting machine" means a machine designed for the sole purpose of recording
360 and tabulating votes cast by voters at an election.
361 (91) "Voting poll watcher" means a person appointed as provided in this title to
362 witness the distribution of ballots and the voting process.
363 (92) "Voting precinct" means the smallest voting unit established as provided by law
364 within which qualified voters vote at one polling place.
365 (93) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
366 poll watcher, and a testing watcher.
367 (94) "Western States Presidential Primary" means the election established in Chapter 9,
368 Part 8, Western States Presidential Primary.
369 (95) "Write-in ballot" means a ballot containing any write-in votes.
370 (96) "Write-in vote" means a vote cast for a person whose name is not printed on the
371 ballot according to the procedures established in this title.
372 Section 2. Section 20A-1-504 is amended to read:
373 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
374 state auditor, and lieutenant governor.
375 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
376 treasurer, [
377 for the unexpired term at the next regular general election.
378 (b) The governor shall fill the vacancy until the next regular general election by
379 appointing a person who meets the qualifications for the office from three persons nominated
380 by the state central committee of the same political party as the prior officeholder.
381 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
382 consent of the Senate, appoint a person to hold the office until the next regular general election
383 at which the governor stands for election.
384 (3) For a State Board of Education member vacancy, if the individual who is being
385 replaced is not a member of a political party, or if the member was elected at or before the 2016
386 regular general election, the governor shall fill the vacancy, with the consent of the Senate, by
387 selecting an individual who meets the qualifications and residency requirements for filling the
388 vacancy described in Section 20A-14-103.
389 Section 3. Section 20A-9-201 is amended to read:
390 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
391 more than one political party prohibited with exceptions -- General filing and form
392 requirements -- Affidavit of impecuniosity.
393 (1) Before filing a declaration of candidacy for election to any office, a person shall:
394 (a) be a United States citizen;
395 (b) meet the legal requirements of that office; and
396 (c) if seeking a registered political party's nomination as a candidate for elective office,
397 state:
398 (i) the registered political party of which the person is a member; or
399 (ii) that the person is not a member of a registered political party.
400 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
401 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
402 Utah during any election year;
403 (ii) appear on the ballot as the candidate of more than one political party; or
404 (iii) file a declaration of candidacy for a registered political party of which the
405 individual is not a member, except to the extent that the registered political party permits
406 otherwise in the registered political party's bylaws.
407 (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
408 or vice president of the United States and another office, if the person resigns the person's
409 candidacy for the other office after the person is officially nominated for president or vice
410 president of the United States.
411 (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
412 one justice court judge office.
413 (iii) A person may file a declaration of candidacy for lieutenant governor even if the
414 person filed a declaration of candidacy for another office in the same election year if the person
415 withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
416 before filing the declaration of candidacy for lieutenant governor.
417 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
418 declaration of candidacy, the filing officer shall:
419 (A) read to the prospective candidate the constitutional and statutory qualification
420 requirements for the office that the candidate is seeking; and
421 (B) require the candidate to state whether [
422 requirements.
423 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
424 county clerk shall ensure that the person filing that declaration of candidacy is:
425 (A) a United States citizen;
426 (B) an attorney licensed to practice law in Utah who is an active member in good
427 standing of the Utah State Bar;
428 (C) a registered voter in the county in which the person is seeking office; and
429 (D) a current resident of the county in which the person is seeking office and either has
430 been a resident of that county for at least one year or was appointed and is currently serving as
431 county attorney and became a resident of the county within 30 days after appointment to the
432 office.
433 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
434 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
435 candidacy is:
436 (A) a United States citizen;
437 (B) an attorney licensed to practice law in Utah who is an active member in good
438 standing of the Utah State Bar;
439 (C) a registered voter in the prosecution district in which the person is seeking office;
440 and
441 (D) a current resident of the prosecution district in which the person is seeking office
442 and either will have been a resident of that prosecution district for at least one year as of the
443 date of the election or was appointed and is currently serving as district attorney and became a
444 resident of the prosecution district within 30 days after receiving appointment to the office.
445 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
446 county clerk shall ensure that the person filing the declaration of candidacy:
447 (A) as of the date of filing:
448 (I) is a United States citizen;
449 (II) is a registered voter in the county in which the person seeks office;
450 (III) (Aa) has successfully met the standards and training requirements established for
451 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
452 Certification Act; or
453 (Bb) has met the waiver requirements in Section 53-6-206; and
454 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
455 53-13-103; and
456 (B) as of the date of the election, shall have been a resident of the county in which the
457 person seeks office for at least one year.
458 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
459 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
460 Education member, the filing officer shall ensure:
461 (A) that the person filing the declaration of candidacy also files the financial disclosure
462 required by Section 20A-11-1603; and
463 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
464 provided to the lieutenant governor according to the procedures and requirements of Section
465 20A-11-1603.
466 (b) If the prospective candidate states that the qualification requirements for the office
467 are not met, the filing officer may not accept the prospective candidate's declaration of
468 candidacy.
469 (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
470 requirements of candidacy are met, the filing officer shall:
471 (i) inform the candidate that:
472 (A) the candidate's name will appear on the ballot as [
473 on the declaration of candidacy;
474 (B) the candidate may be required to comply with state or local campaign finance
475 disclosure laws; and
476 (C) the candidate is required to file a financial statement before the candidate's political
477 convention under:
478 (I) Section 20A-11-204 for a candidate for constitutional office;
479 (II) Section 20A-11-303 for a candidate for the Legislature; or
480 (III) local campaign finance disclosure laws, if applicable;
481 (ii) except for a presidential candidate, provide the candidate with a copy of the current
482 campaign financial disclosure laws for the office the candidate is seeking and inform the
483 candidate that failure to comply will result in disqualification as a candidate and removal of the
484 candidate's name from the ballot;
485 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
486 Electronic Voter Information Website Program and inform the candidate of the submission
487 deadline under Subsection 20A-7-801(4)(a);
488 (iv) provide the candidate with a copy of the pledge of fair campaign practices
489 described under Section 20A-9-206 and inform the candidate that:
490 (A) signing the pledge is voluntary; and
491 (B) signed pledges shall be filed with the filing officer;
492 (v) accept the candidate's declaration of candidacy; and
493 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
494 declaration of candidacy to the chair of the county or state political party of which the
495 candidate is a member.
496 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
497 officer shall:
498 (i) accept the candidate's pledge; and
499 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
500 candidate's pledge to the chair of the county or state political party of which the candidate is a
501 member.
502 (4) (a) Except for presidential candidates and State Board of Education candidates, the
503 form of the declaration of candidacy shall:
504 (i) be substantially as follows:
505 "State of Utah, County of ____
506 I, ______________, declare my candidacy for the office of ____, seeking the
507 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
508 hold the office, both legally and constitutionally, if selected; I reside at _____________
509 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
510 knowingly violate any law governing campaigns and elections; I will file all campaign
511 financial disclosure reports as required by law; and I understand that failure to do so
512 will result in my disqualification as a candidate for this office and removal of my name
513 from the ballot. The mailing address that I designate for receiving official election
514 notices is ___________________________.
515 ____________________________________________________________________
516 Subscribed and sworn before me this __________(month\day\year).
517
Notary Public (or other officer qualified to administer oath)."; and
518 (ii) require the candidate to state, in the sworn statement described in Subsection
519 (4)(a)(i):
520 (A) the registered political party of which the candidate is a member; or
521 (B) that the candidate is not a member of a registered political party.
522 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
523 may not sign the form described in Subsection (4)(a).
524 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
525 is:
526 (i) $50 for candidates for the local school district board; and
527 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
528 person holding the office for all other federal, state, and county offices.
529 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
530 any candidate:
531 (i) who is disqualified; or
532 (ii) who the filing officer determines has filed improperly.
533 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
534 from candidates.
535 (ii) The lieutenant governor shall:
536 (A) apportion to and pay to the county treasurers of the various counties all fees
537 received for filing of nomination certificates or acceptances; and
538 (B) ensure that each county receives that proportion of the total amount paid to the
539 lieutenant governor from the congressional district that the total vote of that county for all
540 candidates for representative in Congress bears to the total vote of all counties within the
541 congressional district for all candidates for representative in Congress.
542 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
543 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
544 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
545 a financial statement filed at the time the affidavit is submitted.
546 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
547 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
548 statement filed under this section shall be subject to the criminal penalties provided under
549 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
550 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
551 considered an offense under this title for the purposes of assessing the penalties provided in
552 Subsection 20A-1-609(2).
553 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
554 substantially the following form:
555 "Affidavit of Impecuniosity
556 Individual Name
557 ____________________________Address_____________________________
558 Phone Number _________________
559 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
560 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
561 law.
562 Date ______________ Signature________________________________________________
563 Affiant
564 Subscribed and sworn to before me on ___________ (month\day\year)
565
______________________
566
(signature)
567 Name and Title of Officer Authorized to Administer Oath
______________________"
568 (v) The filing officer shall provide to a person who requests an affidavit of
569 impecuniosity a statement printed in substantially the following form, which may be included
570 on the affidavit of impecuniosity:
571 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
572 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
573 penalties, will be removed from the ballot."
574 (vi) The filing officer may request that a person who makes a claim of impecuniosity
575 under this Subsection (5)(d) file a financial statement on a form prepared by the election
576 official.
577 (6) (a) If there is no legislative appropriation for the Western States Presidential
578 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
579 president of the United States who is affiliated with a registered political party and chooses to
580 participate in the regular primary election shall:
581 (i) file a declaration of candidacy, in person or via a designated agent, with the
582 lieutenant governor:
583 (A) on a form developed and provided by the lieutenant governor; and
584 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
585 March before the next regular primary election;
586 (ii) identify the registered political party whose nomination the candidate is seeking;
587 (iii) provide a letter from the registered political party certifying that the candidate may
588 participate as a candidate for that party in that party's presidential primary election; and
589 (iv) pay the filing fee of $500.
590 (b) An agent designated to file a declaration of candidacy may not sign the form
591 described in Subsection (6)(a)(i)(A).
592 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
593 within the time provided in this chapter is ineligible for nomination to office.
594 (8) A declaration of candidacy filed under this section may not be amended or
595 modified after the final date established for filing a declaration of candidacy.
596 (9) (a) The form of the declaration of candidacy for the office of State Board of
597 Education member shall be substantially as follows:
598 "State of Utah, County of ____
599 I, ______________, declare my candidacy for the office of State Board of Education
600 member. I do solemnly swear that: I will meet the qualifications to hold the office, both legally
601 and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah,
602 Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
603 and elections; I will file all campaign financial disclosure reports as required by law; and I
604 understand that failure to do so will result in my disqualification as a candidate for this office
605 and removal of my name from the ballot. The mailing address that I designate for receiving
606 official election notices is ___________________________.
607 ____________________________________________________________________
608 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
609 other officer qualified to administer oath)."
610 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
611 may not sign the form described in Subsection (9)(a).
612 Section 4. Section 20A-9-403 is amended to read:
613 20A-9-403. Regular primary elections.
614 (1) (a) Candidates for elective office that are to be filled at the next regular general
615 election shall be nominated in a regular primary election by direct vote of the people in the
616 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
617 designated as regular primary election day. Nothing in this section shall affect a candidate's
618 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
619 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
620 Section 20A-9-601.
621 (b) Each registered political party that chooses to have the names of its candidates for
622 elective office featured with party affiliation on the ballot at a regular general election shall
623 comply with the requirements of this section and shall nominate its candidates for elective
624 office in the manner prescribed in this section.
625 (c) A filing officer may not permit an official ballot at a regular general election to be
626 produced or used if the ballot denotes affiliation between a registered political party or any
627 other political group and a candidate for elective office who was not nominated in the manner
628 prescribed in this section or in Subsection 20A-9-202(4).
629 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
630 even-numbered year in which a regular general election will be held.
631 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
632 shall:
633 (i) either declare their intent to participate in the next regular primary election or
634 declare that the registered political party chooses not to have the names of its candidates for
635 elective office featured on the ballot at the next regular general election; and
636 (ii) if the registered political party participates in the upcoming regular primary
637 election, identify one or more registered political parties whose members may vote for the
638 registered political party's candidates and whether or not persons identified as unaffiliated with
639 a political party may vote for the registered political party's candidates.
640 (b) (i) A registered political party that is a continuing political party must file the
641 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
642 November 15 of each odd-numbered year.
643 (ii) An organization that is seeking to become a registered political party under Section
644 20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
645 political party files the petition described in Section 20A-8-103.
646 (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
647 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
648 office on the regular primary ballot of the registered political party listed on the declaration of
649 candidacy only if the person is certified by the appropriate filing officer as having submitted a
650 set of nomination petitions that was:
651 (i) circulated and completed in accordance with Section 20A-9-405; and
652 (ii) signed by at least two percent of the registered political party's members who reside
653 in the political division of the office that the person seeks.
654 (b) A candidate for elective office shall submit nomination petitions to the appropriate
655 filing officer for verification and certification no later than 5 p.m. on the final day in March.
656 Candidates may supplement their submissions at any time on or before the filing deadline.
657 (c) The lieutenant governor shall determine for each elective office the total number of
658 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
659 of persons residing in each elective office's political division who have designated a particular
660 registered political party on their voter registration forms as of November 1 of each
661 odd-numbered year. The lieutenant governor shall publish this determination for each elective
662 office no later than November 15 of each odd-numbered year.
663 (d) The filing officer shall:
664 (i) verify signatures on nomination petitions in a transparent and orderly manner;
665 (ii) for all qualifying candidates for elective office who submitted nomination petitions
666 to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
667 the first Monday after the third Saturday in April;
668 (iii) consider active and inactive voters eligible to sign nomination petitions;
669 (iv) consider a person who signs a nomination petition a member of a registered
670 political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
671 political party as the person's party membership on the person's voter registration form; and
672 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
673 petition signatures, or use statistical sampling procedures to verify submitted nomination
674 petition signatures pursuant to rules made under Subsection (3)(f).
675 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
676 lieutenant governor may appear on the regular primary ballot of a registered political party
677 without submitting nomination petitions if the candidate files a declaration of candidacy and
678 complies with Subsection 20A-9-202(3).
679 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
680 director of elections, within the Office of the Lieutenant Governor, shall make rules that:
681 (i) provide for the use of statistical sampling procedures that:
682 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
683 (B) reflect a bona fide effort to determine the validity of a candidate's entire
684 submission, using widely recognized statistical sampling techniques; and
685 (ii) provide for the transparent, orderly, and timely submission, verification, and
686 certification of nomination petition signatures.
687 (g) The county clerk shall:
688 (i) review the declarations of candidacy filed by candidates for local boards of
689 education to determine if more than two candidates have filed for the same seat;
690 (ii) place the names of all candidates who have filed a declaration of candidacy for a
691 local board of education seat on the nonpartisan section of the ballot if more than two
692 candidates have filed for the same seat; and
693 (iii) determine the order of the local board of education candidates' names on the ballot
694 in accordance with Section 20A-6-305.
695 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
696 governor shall provide to the county clerks:
697 (i) a list of the names of all candidates for federal, constitutional, multi-county, and
698 county offices who have received certifications under Subsection (3), along with instructions
699 on how those names shall appear on the primary-election ballot in accordance with Section
700 20A-6-305; and
701 (ii) a list of unopposed candidates for elective office who have been nominated by a
702 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
703 candidates from the primary-election ballot.
704 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
705 joint-ticket running mates shall appear jointly on the primary-election ballot.
706 (c) After the county clerk receives the certified list from the lieutenant governor under
707 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
708 substantially the following form:
709 "Notice is given that a primary election will be held Tuesday, June ____,
710 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
711 State Board of Education and local school board positions listed on the primary ballot. The
712 polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
713 until 8 p.m. of the same day. Attest: county clerk."
714 (5) (a) Candidates, other than presidential candidates, receiving the highest number of
715 votes cast for each office at the regular primary election are nominated by their registered
716 political party for that office or are nominated as a candidate for a nonpartisan State Board of
717 Education or local school board position.
718 (b) If two or more candidates, other than presidential candidates, are to be elected to
719 the office at the regular general election, those party candidates equal in number to positions to
720 be filled who receive the highest number of votes at the regular primary election are the
721 nominees of their party for those positions.
722 (c) A candidate who is unopposed for an elective office in the regular primary election
723 of a registered political party is nominated by the party for that office without appearing on the
724 primary ballot. A candidate is "unopposed" if no person other than the candidate has received a
725 certification under Subsection (3) for the regular primary election ballot of the candidate's
726 registered political party for a particular elective office.
727 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
728 office that represents more than one county, the governor, lieutenant governor, and attorney
729 general shall, at a public meeting called by the governor and in the presence of the candidates
730 involved, select the nominee by lot cast in whatever manner the governor determines.
731 (b) When a tie vote occurs in any primary election for any county office, the district
732 court judges of the district in which the county is located shall, at a public meeting called by
733 the judges and in the presence of the candidates involved, select the nominee by lot cast in
734 whatever manner the judges determine.
735 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
736 primary election provided for by this section, and all expenses necessarily incurred in the
737 preparation for or the conduct of that primary election shall be paid out of the treasury of the
738 county or state, in the same manner as for the regular general elections.
739 (8) An individual may not file a declaration of candidacy for a registered political party
740 of which the individual is not a member, except to the extent that the registered political party
741 permits otherwise under the registered political party's bylaws.
742 Section 5. Section 20A-9-407 is amended to read:
743 20A-9-407. Convention process to seek the nomination of a qualified political
744 party.
745 (1) This section describes the requirements for a member of a qualified political party
746 who is seeking the nomination of a qualified political party for an elective office through the
747 qualified political party's convention process.
748 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
749 candidacy for a member of a qualified political party who is nominated by, or who is seeking
750 the nomination of, the qualified political party under this section shall be substantially as
751 described in Section 20A-9-408.5.
752 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
753 (8) or Subsection 20A-9-202(4), a member of a qualified political party who, under this
754 section, is seeking the nomination of the qualified political party for an elective office that is to
755 be filled at the next general election, shall:
756 (a) file a declaration of candidacy in person with the filing officer on or after the
757 second Friday in March and before 5 p.m. on the third Thursday in March before the next
758 regular general election; and
759 (b) pay the filing fee.
760 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
761 party who, under this section, is seeking the nomination of the qualified political party for the
762 office of district attorney within a multicounty prosecution district that is to be filled at the next
763 general election shall:
764 (a) file a declaration of candidacy with the county clerk designated in the interlocal
765 agreement creating the prosecution district on or after the second Friday in March and before 5
766 p.m. on the third Thursday in March before the next regular general election; and
767 (b) pay the filing fee.
768 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
769 who files as the joint-ticket running mate of an individual who is nominated by a qualified
770 political party, under this section, for the office of governor shall submit a letter from the
771 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
772 mate.
773 (6) (a) A qualified political party that nominates a candidate under this section shall
774 certify the name of the candidate to the lieutenant governor before 5 p.m. on the first Monday
775 after the fourth Saturday in April.
776 (b) The lieutenant governor shall ensure that the certification described in Subsection
777 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
778 under this section.
779 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
780 is nominated by a qualified political party under this section, designate the qualified political
781 party that nominated the candidate.
782 Section 6. Section 20A-9-408 is amended to read:
783 20A-9-408. Signature-gathering process to seek the nomination of a qualified
784 political party.
785 (1) This section describes the requirements for a member of a qualified political party
786 who is seeking the nomination of the qualified political party for an elective office through the
787 signature-gathering process described in this section.
788 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
789 candidacy for a member of a qualified political party who is nominated by, or who is seeking
790 the nomination of, the qualified political party under this section shall be substantially as
791 described in Section 20A-9-408.5.
792 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
793 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
794 nomination of the qualified political party for an elective office that is to be filled at the next
795 general election shall:
796 (a) within the period beginning on January 1 before the next regular general election
797 and ending on the third Thursday in March of the same year, and before gathering signatures
798 under this section, file with the filing officer on a form approved by the lieutenant governor a
799 notice of intent to gather signatures for candidacy that includes:
800 (i) the name of the member who will attempt to become a candidate for a registered
801 political party under this section;
802 (ii) the name of the registered political party for which the member is seeking
803 nomination;
804 (iii) the office for which the member is seeking to become a candidate;
805 (iv) the address and telephone number of the member; and
806 (v) other information required by the lieutenant governor;
807 (b) file a declaration of candidacy, in person, with the filing officer on or after the
808 second Friday in March and before 5 p.m. on the third Thursday in March before the next
809 regular general election; and
810 (c) pay the filing fee.
811 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
812 party who, under this section, is seeking the nomination of the qualified political party for the
813 office of district attorney within a multicounty prosecution district that is to be filled at the next
814 general election shall:
815 (a) on or after January 1 before the next regular general election, and before gathering
816 signatures under this section, file with the filing officer on a form approved by the lieutenant
817 governor a notice of intent to gather signatures for candidacy that includes:
818 (i) the name of the member who will attempt to become a candidate for a registered
819 political party under this section;
820 (ii) the name of the registered political party for which the member is seeking
821 nomination;
822 (iii) the office for which the member is seeking to become a candidate;
823 (iv) the address and telephone number of the member; and
824 (v) other information required by the lieutenant governor;
825 (b) file a declaration of candidacy, in person, with the filing officer on or after the
826 second Friday in March and before 5 p.m. on the third Thursday in March before the next
827 regular general election; and
828 (c) pay the filing fee.
829 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
830 who files as the joint-ticket running mate of an individual who is nominated by a qualified
831 political party, under this section, for the office of governor shall submit a letter from the
832 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
833 mate.
834 (6) The lieutenant governor shall ensure that the certification described in Subsection
835 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
836 under this section.
837 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
838 is nominated by a qualified political party under this section, designate the qualified political
839 party that nominated the candidate.
840 (8) A member of a qualified political party may seek the nomination of the qualified
841 political party for an elective office by:
842 (a) complying with the requirements described in this section; and
843 (b) collecting signatures, on a form approved by the lieutenant governor, during the
844 period beginning on January 1 of an even-numbered year and ending 14 days before the day on
845 which the qualified political party's convention for the office is held, in the following amounts:
846 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
847 permitted by the qualified political party to vote for the qualified political party's candidates in
848 a primary election;
849 (ii) for a congressional district race, 7,000 signatures of registered voters who are
850 residents of the congressional district and are permitted by the qualified political party to vote
851 for the qualified political party's candidates in a primary election;
852 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
853 residents of the state Senate district and are permitted by the qualified political party to vote for
854 the qualified political party's candidates in a primary election;
855 (iv) for a state House district race, 1,000 signatures of registered voters who are
856 residents of the state House district and are permitted by the qualified political party to vote for
857 the qualified political party's candidates in a primary election; [
858 (v) for a State Board of Education race, the lesser of:
859 (A) 2,000 signatures of registered voters who are residents of the State Board of
860 Education district and are permitted by the qualified political party to vote for the qualified
861 political party's candidates in a primary election; or
862 (B) 3% of the registered voters of the qualified political party who are residents of the
863 applicable State Board of Education district; and
864 [
865 residents of the area permitted to vote for the county office and are permitted by the qualified
866 political party to vote for the qualified political party's candidates in a primary election.
867 (9) (a) In order for a member of the qualified political party to qualify as a candidate
868 for the qualified political party's nomination for an elective office under this section, the
869 member shall:
870 (i) collect the signatures on a form approved by the lieutenant governor, using the same
871 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
872 (ii) submit the signatures to the election officer no later than 14 days before the day on
873 which the qualified political party holds its convention to select candidates, for the elective
874 office, for the qualified political party's nomination.
875 (b) An individual may not gather signatures under this section until after the individual
876 files a notice of intent to gather signatures for candidacy described in this section.
877 (c) An individual who files a notice of intent to gather signatures for candidacy,
878 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
879 the notice of intent to gather signatures for candidacy:
880 (i) required to comply with the reporting requirements that a candidate for office is
881 required to comply with; and
882 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
883 apply to a candidate for office in relation to the reporting requirements described in Subsection
884 (9)(c)(i).
885 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
886 election officer shall, no later than one day before the day on which the qualified political party
887 holds the convention to select a nominee for the elective office to which the signature packets
888 relate:
889 (i) check the name of each individual who completes the verification for a signature
890 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
891 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
892 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
893 (iii) determine whether each signer is a registered voter who is qualified to sign the
894 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
895 on a petition;
896 (iv) certify whether each name is that of a registered voter who is qualified to sign the
897 signature packet; and
898 (v) notify the qualified political party and the lieutenant governor of the name of each
899 member of the qualified political party who qualifies as a nominee of the qualified political
900 party, under this section, for the elective office to which the convention relates.
901 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
902 this section, the lieutenant governor shall post the notice of intent to gather signatures for
903 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
904 posts a declaration of candidacy.
905 Section 7. Section 20A-11-403 is amended to read:
906 20A-11-403. Failure to file -- Penalties.
907 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
908 governor shall review each filed summary report to ensure that:
909 (a) each officeholder that is required to file a summary report has filed one; and
910 (b) each summary report contains the information required by this part.
911 (2) If it appears that any officeholder has failed to file the summary report required by
912 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
913 governor has received a written complaint alleging a violation of the law or the falsity of any
914 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
915 violation has occurred:
916 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
917 (b) within five days of discovery of a violation or receipt of a written complaint, notify
918 the officeholder of the violation or written complaint and direct the officeholder to file a
919 summary report correcting the problem.
920 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
921 within seven days after receiving notice from the lieutenant governor under this section.
922 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
923 misdemeanor.
924 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
925 attorney general.
926 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
927 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
928 (3)(a).
929 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
930 under Subsection 20A-11-204(1)(c), 20A-11-303(1)(c), or 20A-11-1303(1)[
931 lieutenant governor shall review each filed interim report to ensure that each interim report
932 contains the information required for the report.
933 (5) If it appears that any officeholder has failed to file an interim report required by
934 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
935 governor has received a written complaint alleging a violation of the law or the falsity of any
936 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
937 violation has occurred:
938 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
939 (b) within five days after the day on which the violation is discovered or a written
940 complaint is received, notify the officeholder of the violation or written complaint and direct
941 the officeholder to file an interim report correcting the problem.
942 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
943 within seven days after the day on which the officeholder receives notice from the lieutenant
944 governor under this section.
945 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
946 misdemeanor.
947 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
948 attorney general.
949 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
950 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
951 (6)(a).
952 Section 8. Section 20A-11-1301 is amended to read:
953 20A-11-1301. School board office candidate -- Campaign finance requirements --
954 Candidate as a political action committee officer -- No personal use -- Contribution
955 reporting deadline -- Report other accounts -- Anonymous contributions.
956 (1) (a) (i) Each school board office candidate shall deposit each contribution and public
957 service assistance received in one or more separate accounts in a financial institution that are
958 dedicated only to that purpose.
959 (ii) A school board office candidate may:
960 (A) receive a contribution or public service assistance from a political action
961 committee registered under Section 20A-11-601; and
962 (B) be designated by a political action committee as an officer who has primary
963 decision-making authority as described in Section 20A-11-601.
964 (b) A school board office candidate may not use money deposited in an account
965 described in Subsection (1)(a)(i) for:
966 (i) a personal use expenditure; or
967 (ii) an expenditure prohibited by law.
968 (2) A school board office candidate may not deposit or mingle any contributions or
969 public service assistance received into a personal or business account.
970 (3) A school board office candidate may not make any political expenditures prohibited
971 by law.
972 (4) If a person who is no longer a school board office candidate chooses not to expend
973 the money remaining in a campaign account, the person shall continue to file the year-end
974 summary report required by Section 20A-11-1302 until the statement of dissolution and final
975 summary report required by Section 20A-11-1304 are filed with the lieutenant governor.
976 (5) (a) Except as provided in Subsection (5)(b) and Section 20A-11-402, a person who
977 is no longer a school board office candidate may not expend or transfer the money in a
978 campaign account in a manner that would cause the former school board office candidate to
979 recognize the money as taxable income under federal tax law.
980 (b) A person who is no longer a school board office candidate may transfer the money
981 in a campaign account in a manner that would cause the former school board office candidate
982 to recognize the money as taxable income under federal tax law if the transfer is made to a
983 campaign account for federal office.
984 (6) (a) As used in this Subsection (6) [
985 the same as that term is defined in Subsection 20A-11-1303(1)(a).
986 [
987
988 [
989
990 [
991
992 (b) Each school board office candidate shall report to the chief election officer each
993 contribution and public service assistance received by the school board office candidate:
994 (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
995 the contribution or public service assistance is received; or
996 (ii) within three business days after the day on which the contribution or public service
997 assistance is received, if:
998 (A) the school board office candidate is contested in a primary election and the
999 contribution or public service assistance is received within 30 days before the day on which the
1000 primary election is held; or
1001 (B) the school board office candidate is contested in a general election and the
1002 contribution or public service assistance is received within 30 days before the day on which the
1003 general election is held.
1004 (c) For each contribution or provision of public service assistance that a school board
1005 office candidate fails to report within the time period described in Subsection (6)(b), the chief
1006 election officer shall impose a fine against the school board office candidate in an amount
1007 equal to:
1008 (i) (A) 10% of the amount of the contribution, if the school board office candidate
1009 reports the contribution within 60 days after the day on which the time period described in
1010 Subsection (6)(b) ends; or
1011 (B) 20% of the amount of the contribution, if the school board office candidate fails to
1012 report the contribution within 60 days after the day on which the time period described in
1013 Subsection (6)(b) ends; or
1014 (ii) (A) 10% of the value of the public service assistance, if the school board office
1015 candidate reports the public service assistance within 60 days after the day on which the time
1016 period described in Subsection (6)(b) ends; or
1017 (B) 20% of the amount of the public service assistance, if the school board office
1018 candidate fails to report the public service assistance within 60 days after the day on which the
1019 time period described in Subsection (6)(b) ends.
1020 (d) The chief election officer shall:
1021 (i) deposit money received under Subsection (6)(c) into the General Fund; and
1022 (ii) report on the chief election officer's website, in the location where reports relating
1023 to each school board office candidate are available for public access:
1024 (A) each fine imposed by the chief election officer against the school board office
1025 candidate;
1026 (B) the amount of the fine;
1027 (C) the amount of the contribution to which the fine relates; and
1028 (D) the date of the contribution.
1029 (7) Within 30 days after receiving a contribution that is cash or a negotiable
1030 instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
1031 disburse the contribution to:
1032 (a) the treasurer of the state or a political subdivision for deposit into the state's or
1033 political subdivision's general fund; or
1034 (b) an organization that is exempt from federal income taxation under Section
1035 501(c)(3), Internal Revenue Code.
1036 (8) (a) As used in this Subsection (8), "account" means an account in a financial
1037 institution:
1038 (i) that is not described in Subsection (1)(a)(i); and
1039 (ii) into which or from which a person who, as a candidate for an office, other than a
1040 school board office for which the person files a declaration of candidacy or federal office, or as
1041 a holder of an office, other than a school board office for which the person files a declaration of
1042 candidacy or federal office, deposits a contribution or makes an expenditure.
1043 (b) A school board office candidate shall include on any financial statement filed in
1044 accordance with this part:
1045 (i) a contribution deposited in an account:
1046 (A) since the last campaign finance statement was filed; or
1047 (B) that has not been reported under a statute or ordinance that governs the account; or
1048 (ii) an expenditure made from an account:
1049 (A) since the last campaign finance statement was filed; or
1050 (B) that has not been reported under a statute or ordinance that governs the account.
1051 Section 9. Section 20A-11-1303 is amended to read:
1052 20A-11-1303. School board office candidate and school board officeholder --
1053 Financial reporting requirements -- Interim reports.
1054 (1) (a) As used in this section, "received" means:
1055 (i) for a cash contribution, that the cash is given to a school board office candidate or a
1056 member of the school board office candidate's personal campaign committee;
1057 (ii) for a contribution that is a check or other negotiable instrument, that the check or
1058 other negotiable instrument is negotiated; or
1059 (iii) for any other type of contribution, that any portion of the contribution's benefit
1060 inures to the school board office candidate.
1061 [
1062 campaign account required under Subsection 20A-11-1301(1)(a)(i).
1063 [
1064 times in any year in which the candidate has filed a declaration of candidacy for a public office:
1065 [
1066 (i) (A) seven days before the political convention for the political party of the school
1067 board office candidate; or
1068 (B) May 15, if the school board office candidate does not affiliate with a political
1069 party;
1070 (ii) seven days before the regular primary election date;
1071 (iii) September 30; and
1072 (iv) seven days before the regular general election date.
1073 [
1074 that has not been dissolved under Section 20A-11-1304 shall, in an even year, file an interim
1075 report at the following times, regardless of whether an election for the school board [
1076
1077 [
1078 (i) (A) seven days before the political convention for the political party of the school
1079 board officeholder; or
1080 (B) May 15, if the school board officeholder does not affiliate with a political party;
1081 (ii) seven days before the regular primary election date for that year;
1082 (iii) September 30; and
1083 (iv) seven days before the regular general election date.
1084 (2) Each interim report shall include the following information:
1085 (a) the net balance of the last summary report, if any;
1086 (b) a single figure equal to the total amount of receipts reported on all prior interim
1087 reports, if any, during the calendar year in which the interim report is due;
1088 (c) a single figure equal to the total amount of expenditures reported on all prior
1089 interim reports, if any, filed during the calendar year in which the interim report is due;
1090 (d) a detailed listing of each contribution and public service assistance received since
1091 the last summary report that has not been reported in detail on a prior interim report;
1092 (e) for each nonmonetary contribution:
1093 (i) the fair market value of the contribution with that information provided by the
1094 contributor; and
1095 (ii) a specific description of the contribution;
1096 (f) a detailed listing of each expenditure made since the last summary report that has
1097 not been reported in detail on a prior interim report;
1098 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1099 (h) a net balance for the year consisting of the net balance from the last summary
1100 report, if any, plus all receipts since the last summary report minus all expenditures since the
1101 last summary report;
1102 (i) a summary page in the form required by the lieutenant governor that identifies:
1103 (i) beginning balance;
1104 (ii) total contributions during the period since the last statement;
1105 (iii) total contributions to date;
1106 (iv) total expenditures during the period since the last statement; and
1107 (v) total expenditures to date; and
1108 (j) the name of a political action committee for which the school board office candidate
1109 or school board [
1110 decision-making authority under Section 20A-11-601.
1111 (3) (a) For all individual contributions or public service assistance of $50 or less, a
1112 single aggregate figure may be reported without separate detailed listings.
1113 (b) Two or more contributions from the same source that have an aggregate total of
1114 more than $50 may not be reported in the aggregate, but shall be reported separately.
1115 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1116 as of five days before the required filing date of the report.
1117 (b) Any negotiable instrument or check received by a school board office candidate or
1118 school board [
1119 a report required by this section shall be included in the interim report.
1120 Section 10. Section 20A-11-1305 is amended to read:
1121 20A-11-1305. School board office candidate -- Failure to file statement --
1122 Penalties.
1123 (1) (a) A school board office candidate who fails to file a financial statement by the
1124 deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
1125 (b) If a school board office candidate fails to file an interim report described in
1126 Subsections 20A-11-1303(1)[
1127 making a reasonable attempt to discover if the report was timely filed, inform the county clerk
1128 and other appropriate election officials who:
1129 (i) (A) shall, if practicable, remove the name of the candidate from the ballots before
1130 the ballots are delivered to voters; or
1131 (B) shall, if removing the candidate's name from the ballot is not practicable, inform
1132 the voters by any practicable method that the candidate has been disqualified and that votes
1133 cast for the candidate will not be counted; and
1134 (ii) may not count any votes for that candidate.
1135 (c) Any school board office candidate who fails to file timely a financial statement
1136 required by Subsection 20A-11-1303(1)[
1137 (d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
1138 not disqualified and the chief election officer may not impose a fine if:
1139 (i) the candidate timely files the reports required by this section in accordance with
1140 Section 20A-11-103;
1141 (ii) those reports are completed, detailing accurately and completely the information
1142 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
1143 and
1144 (iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
1145 corrected in:
1146 (A) an amended report; or
1147 (B) the next scheduled report.
1148 (2) (a) Within 30 days after a deadline for the filing of a summary report by a school
1149 board office candidate, the lieutenant governor shall review each filed summary report to
1150 ensure that:
1151 (i) each school board office candidate [
1152 has filed one; and
1153 (ii) each summary report contains the information required by this part.
1154 (b) If it appears that a school board office candidate has failed to file the summary
1155 report required by law, if it appears that a filed summary report does not conform to the law, or
1156 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1157 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1158 violation or receipt of a written complaint, notify the school board office candidate of the
1159 violation or written complaint and direct the school board office candidate to file a summary
1160 report correcting the problem.
1161 (c) (i) It is unlawful for a school board office candidate to fail to file or amend a
1162 summary report within seven days after receiving notice from the lieutenant governor under
1163 this section.
1164 (ii) Each school board office candidate who violates Subsection (2)(c)(i) is guilty of a
1165 class B misdemeanor.
1166 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1167 attorney general.
1168 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
1169 governor shall impose a civil fine of $100 against a school board office candidate who violates
1170 Subsection (2)(c)(i).
1171 Section 11. Section 20A-14-103 is amended to read:
1172 20A-14-103. State Board of Education -- Term -- Requirements.
1173 (1) [
1174 elected from a State Board of Education district at [
1175 election shall[
1176 [
1177 [
1178
1179
1180 [
1181
1182 [
1183
1184
1185 [
1186
1187
1188 (2) (a) A person seeking election to the State Board of Education shall have been a
1189 resident of the State Board of Education district in which the person is seeking election for at
1190 least one year as of the date of the election.
1191 (b) A person who has resided within the State Board of Education district, as the
1192 boundaries of the district exist on the date of the election, for one year immediately preceding
1193 the date of the election shall be considered to have met the requirements of this Subsection (2).
1194 (3) A State Board of Education member shall:
1195 (a) be and remain a registered voter in the State Board of Education district from which
1196 the member was elected or appointed; and
1197 (b) maintain the member's primary residence within the State Board of Education
1198 district from which the member was elected or appointed during the member's term of office.
1199 (4) A State Board of Education member may not, during the member's term of office,
1200 also serve as an employee of:
1201 (a) the State Board of Education;
1202 (b) the Utah State Office of Education; or
1203 (c) the Utah State Office of Rehabilitation.
1204 Section 12. Section 20A-14-104 is amended to read:
1205 20A-14-104. Becoming a candidate for membership on the State Board of
1206 Education.
1207 (1) [
1208 of Education shall:
1209 (a) (i) for the 2016 general election, file a declaration of candidacy [
1210 accordance with the procedures and requirements of Sections 20A-9-201 and 20A-9-202[
1211 before 5 p.m. on March 17, 2016; or
1212 (ii) for a general election held after 2016, file a declaration of candidacy, in accordance
1213 with the procedures and requirements of Sections 20A-9-201 and 20A-9-202, on or after the
1214 second Friday in March, and before 5 p.m. on the third Thursday in March, before the next
1215 regular general election; and
1216 (b) pay the filing fee described in Section 20A-9-202.
1217 [
1218
1219
1220
1221 (2) The lieutenant governor shall:
1222 (a) review the declarations of candidacy filed by candidates for the office of State
1223 Board of Education member to determine if more than two candidates have filed for the same
1224 seat;
1225 (b) place the names of all candidates who have filed a declaration of candidacy for a
1226 State Board of Education seat on the nonpartisan section of the ballot if more than two
1227 candidates have filed for the same seat; and
1228 (c) determine the order of the State Board of Education candidates' names on the ballot
1229 in accordance with Section 20A-6-305.
1230 [
1231
1232
1233 [
1234
1235 [
1236 [
1237 [
1238 [
1239 [
1240 [
1241 [
1242
1243 [
1244 [
1245 [
1246 [
1247 [
1248 [
1249 [
1250
1251
1252 [
1253
1254
1255 [
1256 [
1257
1258 [
1259
1260 [
1261
1262
1263 [
1264 [
1265
1266 [
1267
1268
1269 [
1270
1271 [
1272
1273 [
1274
1275
1276 [
1277 [
1278 [
1279 [
1280 [
1281 [
1282 [
1283 [
1284 [
1285 [
1286 [
1287 [
1288 [
1289 [
1290 [
1291 [
1292 [
1293 [
1294 [
1295 [
1296 Section 13. Section 20A-14-104.1 is enacted to read:
1297 20A-14-104.1. State Board of Education -- Declaration of candidacy.
1298 (1) A person interested in becoming a candidate for the State Board of Education shall
1299 file a declaration of candidacy according to the procedures and requirements of Sections
1300 20A-9-201 and 20A-9-202.
1301 (2) The office of State Board of Education member is a partisan office.
1302 Section 14. Section 63I-2-220 is amended to read:
1303 63I-2-220. Repeal dates, Title 20A.
1304 [
1305 [
1306 [
1307
1308 [
1309
1310
1311 [
1312 On January 1, 2017:
1313 (1) in Subsection 20A-1-102(70), the language that states "State Board of Education
1314 and" is repealed;
1315 (2) in Subsection 20A-9-201(4)(a), the language that states "and State Board of
1316 Education candidates" is repealed;
1317 (3) Subsection 20A-9-201(9) is repealed;
1318 (4) in Subsection 20A-9-403(4)(c), the language that states "State Board of Education
1319 and" is repealed;
1320 (5) in Subsection 20A-9-403(5)(a), the language that states "State Board of Education
1321 or" is repealed; and
1322 (6) Section 20A-14-104 is repealed.
1323 Section 15. Repealer.
1324 This bill repeals:
1325 Section 20A-14-105, Becoming a candidate for membership on the State Board of
1326 Education -- Selection of candidates by the governor -- Ballot placement.
1327 Section 16. Effective date.
1328 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1329 elected to each house, this bill takes effect upon approval by the governor, or the day following
1330 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1331 signature, or in the case of a veto, the date of veto override.
1332 (2) The following sections take effect on January 1, 2017:
1333 (a) Section 20A-1-504;
1334 (b) Section 20A-9-407;
1335 (c) Section 20A-9-408;
1336 (d) Section 20A-11-403;
1337 (e) Section 20A-11-1301;
1338 (f) Section 20A-11-1303;
1339 (g) Section 20A-11-1305; and
1340 (h) Section 20A-14-104.1.