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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to the State Board of
10 Education.
11 Highlighted Provisions:
12 This bill:
13 ▸ makes the office of State Board of Education member a nonpartisan office;
14 ▸ addresses midterm vacancies on the State Board of Education;
15 ▸ establishes the form for a declaration of candidacy for the office of State Board of
16 Education member;
17 ▸ addresses campaign reporting requirements for a State Board of Education member;
18 and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-1-102, as last amended by Laws of Utah 2016, Chapters 28, 66, and 176
27 20A-1-504, as last amended by Laws of Utah 2016, Chapter 28
28 20A-9-201, as last amended by Laws of Utah 2016, Chapter 28
29 20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
30 20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
31 20A-11-1303, as last amended by Laws of Utah 2016, Chapters 28 and 409
32 20A-14-104.1, as enacted by Laws of Utah 2016, Chapter 28
33 20A-14-106, as enacted by Laws of Utah 1995, Chapter 1
34 REPEALS:
35 20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-1-102 is amended to read:
39 20A-1-102. Definitions.
40 As used in this title:
41 (1) "Active voter" means a registered voter who has not been classified as an inactive
42 voter by the county clerk.
43 (2) "Automatic tabulating equipment" means apparatus that automatically examines
44 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
45 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
46 upon which a voter records the voter's votes.
47 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
48 envelopes.
49 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
50 (a) contain the names of offices and candidates and statements of ballot propositions to
51 be voted on; and
52 (b) are used in conjunction with ballot sheets that do not display that information.
53 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
54 on the ballot for their approval or rejection including:
55 (a) an opinion question specifically authorized by the Legislature;
56 (b) a constitutional amendment;
57 (c) an initiative;
58 (d) a referendum;
59 (e) a bond proposition;
60 (f) a judicial retention question;
61 (g) an incorporation of a city or town; or
62 (h) any other ballot question specifically authorized by the Legislature.
63 (6) "Ballot sheet":
64 (a) means a ballot that:
65 (i) consists of paper or a card where the voter's votes are marked or recorded; and
66 (ii) can be counted using automatic tabulating equipment; and
67 (b) includes punch card ballots and other ballots that are machine-countable.
68 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
69 together with a staple or stitch in at least three places across the top of the paper in the blank
70 space reserved for securing the paper.
71 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
72 20A-4-306 to canvass election returns.
73 (9) "Bond election" means an election held for the purpose of approving or rejecting
74 the proposed issuance of bonds by a government entity.
75 (10) "Book voter registration form" means voter registration forms contained in a
76 bound book that are used by election officers and registration agents to register persons to vote.
77 (11) "Business reply mail envelope" means an envelope that may be mailed free of
78 charge by the sender.
79 (12) "By-mail voter registration form" means a voter registration form designed to be
80 completed by the voter and mailed to the election officer.
81 (13) "Canvass" means the review of election returns and the official declaration of
82 election results by the board of canvassers.
83 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
84 the canvass.
85 (15) "Contracting election officer" means an election officer who enters into a contract
86 or interlocal agreement with a provider election officer.
87 (16) "Convention" means the political party convention at which party officers and
88 delegates are selected.
89 (17) "Counting center" means one or more locations selected by the election officer in
90 charge of the election for the automatic counting of ballots.
91 (18) "Counting judge" means a poll worker designated to count the ballots during
92 election day.
93 (19) "Counting poll watcher" means a person selected as provided in Section
94 20A-3-201 to witness the counting of ballots.
95 (20) "Counting room" means a suitable and convenient private place or room,
96 immediately adjoining the place where the election is being held, for use by the poll workers
97 and counting judges to count ballots during election day.
98 (21) "County officers" means those county officers that are required by law to be
99 elected.
100 (22) "Date of the election" or "election day" or "day of the election":
101 (a) means the day that is specified in the calendar year as the day that the election
102 occurs; and
103 (b) does not include:
104 (i) deadlines established for absentee voting; or
105 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
106 Voting.
107 (23) "Elected official" means:
108 (a) a person elected to an office under Section 20A-1-303;
109 (b) a person who is considered to be elected to a municipal office in accordance with
110 Subsection 20A-1-206(1)(c)(ii); or
111 (c) a person who is considered to be elected to a local district office in accordance with
112 Subsection 20A-1-206(3)(c)(ii).
113 (24) "Election" means a regular general election, a municipal general election, a
114 statewide special election, a local special election, a regular primary election, a municipal
115 primary election, and a local district election.
116 (25) "Election Assistance Commission" means the commission established by the Help
117 America Vote Act of 2002, Pub. L. No. 107-252.
118 (26) "Election cycle" means the period beginning on the first day persons are eligible to
119 file declarations of candidacy and ending when the canvass is completed.
120 (27) "Election judge" means a poll worker that is assigned to:
121 (a) preside over other poll workers at a polling place;
122 (b) act as the presiding election judge; or
123 (c) serve as a canvassing judge, counting judge, or receiving judge.
124 (28) "Election officer" means:
125 (a) the lieutenant governor, for all statewide ballots and elections;
126 (b) the county clerk for:
127 (i) a county ballot and election; and
128 (ii) a ballot and election as a provider election officer as provided in Section
129 20A-5-400.1 or 20A-5-400.5;
130 (c) the municipal clerk for:
131 (i) a municipal ballot and election; and
132 (ii) a ballot and election as a provider election officer as provided in Section
133 20A-5-400.1 or 20A-5-400.5;
134 (d) the local district clerk or chief executive officer for:
135 (i) a local district ballot and election; and
136 (ii) a ballot and election as a provider election officer as provided in Section
137 20A-5-400.1 or 20A-5-400.5; or
138 (e) the business administrator or superintendent of a school district for:
139 (i) a school district 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 (29) "Election official" means any election officer, election judge, or poll worker.
143 (30) "Election results" means:
144 (a) for an election other than a bond election, the count of votes cast in the election and
145 the election returns requested by the board of canvassers; or
146 (b) for bond elections, the count of those votes cast for and against the bond
147 proposition plus any or all of the election returns that the board of canvassers may request.
148 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
149 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
150 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
151 form, and the total votes cast form.
152 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
153 device or other voting device that records and stores ballot information by electronic means.
154 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
155 or logically associated with a record and executed or adopted by a person with the intent to sign
156 the record.
157 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
158 (b) "Electronic voting device" includes a direct recording electronic voting device.
159 (35) "Inactive voter" means a registered voter who has:
160 (a) been sent the notice required by Section 20A-2-306; and
161 (b) failed to respond to that notice.
162 (36) "Inspecting poll watcher" means a person selected as provided in this title to
163 witness the receipt and safe deposit of voted and counted ballots.
164 (37) "Judicial office" means the office filled by any judicial officer.
165 (38) "Judicial officer" means any justice or judge of a court of record or any county
166 court judge.
167 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
168 Local Government Entities - Local Districts, and includes a special service district under Title
169 17D, Chapter 1, Special Service District Act.
170 (40) "Local district officers" means those local district board members that are required
171 by law to be elected.
172 (41) "Local election" means a regular county election, a regular municipal election, a
173 municipal primary election, a local special election, a local district election, and a bond
174 election.
175 (42) "Local political subdivision" means a county, a municipality, a local district, or a
176 local school district.
177 (43) "Local special election" means a special election called by the governing body of a
178 local political subdivision in which all registered voters of the local political subdivision may
179 vote.
180 (44) "Municipal executive" means:
181 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
182 (b) the mayor in the council-manager form of government defined in Subsection
183 10-3b-103(7); or
184 (c) the chair of a metro township form of government defined in Section 10-3b-102.
185 (45) "Municipal general election" means the election held in municipalities and, as
186 applicable, local districts on the first Tuesday after the first Monday in November of each
187 odd-numbered year for the purposes established in Section 20A-1-202.
188 (46) "Municipal legislative body" means:
189 (a) the council of the city or town in any form of municipal government; or
190 (b) the council of a metro township.
191 (47) "Municipal office" means an elective office in a municipality.
192 (48) "Municipal officers" means those municipal officers that are required by law to be
193 elected.
194 (49) "Municipal primary election" means an election held to nominate candidates for
195 municipal office.
196 (50) "Municipality" means a city, town, or metro township.
197 (51) "Official ballot" means the ballots distributed by the election officer to the poll
198 workers to be given to voters to record their votes.
199 (52) "Official endorsement" means:
200 (a) the information on the ballot that identifies:
201 (i) the ballot as an official ballot;
202 (ii) the date of the election; and
203 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
204 facsimile signature required by Subsection 20A-6-401(1)(b)(iii); or
205 (B) for a ballot prepared by a county clerk, the words required by Subsection
206 20A-6-301(1)(c)(iii); and
207 (b) the information on the ballot stub that identifies:
208 (i) the poll worker's initials; and
209 (ii) the ballot number.
210 (53) "Official register" means the official record furnished to election officials by the
211 election officer that contains the information required by Section 20A-5-401.
212 (54) "Paper ballot" means a paper that contains:
213 (a) the names of offices and candidates and statements of ballot propositions to be
214 voted on; and
215 (b) spaces for the voter to record the voter's vote for each office and for or against each
216 ballot proposition.
217 (55) "Political party" means an organization of registered voters that has qualified to
218 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
219 and Procedures.
220 (56) "Pollbook" means a record of the names of voters in the order that they appear to
221 cast votes.
222 (57) "Polling place" means the building where voting is conducted.
223 (58) (a) "Poll worker" means a person assigned by an election official to assist with an
224 election, voting, or counting votes.
225 (b) "Poll worker" includes election judges.
226 (c) "Poll worker" does not include a watcher.
227 (59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
228 in which the voter marks the voter's choice.
229 (60) "Primary convention" means the political party conventions held during the year
230 of the regular general election.
231 (61) "Protective counter" means a separate counter, which cannot be reset, that:
232 (a) is built into a voting machine; and
233 (b) records the total number of movements of the operating lever.
234 (62) "Provider election officer" means an election officer who enters into a contract or
235 interlocal agreement with a contracting election officer to conduct an election for the
236 contracting election officer's local political subdivision in accordance with Section
237 20A-5-400.1.
238 (63) "Provisional ballot" means a ballot voted provisionally by a person:
239 (a) whose name is not listed on the official register at the polling place;
240 (b) whose legal right to vote is challenged as provided in this title; or
241 (c) whose identity was not sufficiently established by a poll worker.
242 (64) "Provisional ballot envelope" means an envelope printed in the form required by
243 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
244 verify a person's legal right to vote.
245 (65) "Qualify" or "qualified" means to take the oath of office and begin performing the
246 duties of the position for which the person was elected.
247 (66) "Receiving judge" means the poll worker that checks the voter's name in the
248 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
249 after the voter has voted.
250 (67) "Registration form" means a book voter registration form and a by-mail voter
251 registration form.
252 (68) "Regular ballot" means a ballot that is not a provisional ballot.
253 (69) "Regular general election" means the election held throughout the state on the first
254 Tuesday after the first Monday in November of each even-numbered year for the purposes
255 established in Section 20A-1-201.
256 (70) "Regular primary election" means the election on the fourth Tuesday of June of
257 each even-numbered year, to nominate candidates of political parties and candidates for
258 nonpartisan State Board of Education and local school board positions to advance to the regular
259 general election.
260 (71) "Resident" means a person who resides within a specific voting precinct in Utah.
261 (72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
262 and distributed as provided in Section 20A-5-405.
263 (73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
264 punch the ballot for one or more candidates who are members of different political parties or
265 who are unaffiliated.
266 (74) "Secrecy envelope" means the envelope given to a voter along with the ballot into
267 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
268 the voter's vote.
269 (75) "Special election" means an election held as authorized by Section 20A-1-203.
270 (76) "Spoiled ballot" means each ballot that:
271 (a) is spoiled by the voter;
272 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
273 (c) lacks the official endorsement.
274 (77) "Statewide special election" means a special election called by the governor or the
275 Legislature in which all registered voters in Utah may vote.
276 (78) "Stub" means the detachable part of each ballot.
277 (79) "Substitute ballots" means replacement ballots provided by an election officer to
278 the poll workers when the official ballots are lost or stolen.
279 (80) "Ticket" means a list of:
280 (a) political parties;
281 (b) candidates for an office; or
282 (c) ballot propositions.
283 (81) "Transfer case" means the sealed box used to transport voted ballots to the
284 counting center.
285 (82) "Vacancy" means the absence of a person to serve in any position created by
286 statute, whether that absence occurs because of death, disability, disqualification, resignation,
287 or other cause.
288 (83) "Valid voter identification" means:
289 (a) a form of identification that bears the name and photograph of the voter which may
290 include:
291 (i) a currently valid Utah driver license;
292 (ii) a currently valid identification card that is issued by:
293 (A) the state; or
294 (B) a branch, department, or agency of the United States;
295 (iii) a currently valid Utah permit to carry a concealed weapon;
296 (iv) a currently valid United States passport; or
297 (v) a currently valid United States military identification card;
298 (b) one of the following identification cards, whether or not the card includes a
299 photograph of the voter:
300 (i) a valid tribal identification card;
301 (ii) a Bureau of Indian Affairs card; or
302 (iii) a tribal treaty card; or
303 (c) two forms of identification not listed under Subsection (83)(a) or (b) but that bear
304 the name of the voter and provide evidence that the voter resides in the voting precinct, which
305 may include:
306 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
307 election;
308 (ii) a bank or other financial account statement, or a legible copy thereof;
309 (iii) a certified birth certificate;
310 (iv) a valid social security card;
311 (v) a check issued by the state or the federal government or a legible copy thereof;
312 (vi) a paycheck from the voter's employer, or a legible copy thereof;
313 (vii) a currently valid Utah hunting or fishing license;
314 (viii) certified naturalization documentation;
315 (ix) a currently valid license issued by an authorized agency of the United States;
316 (x) a certified copy of court records showing the voter's adoption or name change;
317 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
318 (xii) a currently valid identification card issued by:
319 (A) a local government within the state;
320 (B) an employer for an employee; or
321 (C) a college, university, technical school, or professional school located within the
322 state; or
323 (xiii) a current Utah vehicle registration.
324 (84) "Valid write-in candidate" means a candidate who has qualified as a write-in
325 candidate by following the procedures and requirements of this title.
326 (85) "Voter" means a person who:
327 (a) meets the requirements for voting in an election;
328 (b) meets the requirements of election registration;
329 (c) is registered to vote; and
330 (d) is listed in the official register book.
331 (86) "Voter registration deadline" means the registration deadline provided in Section
332 20A-2-102.5.
333 (87) "Voting area" means the area within six feet of the voting booths, voting
334 machines, and ballot box.
335 (88) "Voting booth" means:
336 (a) the space or compartment within a polling place that is provided for the preparation
337 of ballots, including the voting machine enclosure or curtain; or
338 (b) a voting device that is free standing.
339 (89) "Voting device" means:
340 (a) an apparatus in which ballot sheets are used in connection with a punch device for
341 piercing the ballots by the voter;
342 (b) a device for marking the ballots with ink or another substance;
343 (c) an electronic voting device or other device used to make selections and cast a ballot
344 electronically, or any component thereof;
345 (d) an automated voting system under Section 20A-5-302; or
346 (e) any other method for recording votes on ballots so that the ballot may be tabulated
347 by means of automatic tabulating equipment.
348 (90) "Voting machine" means a machine designed for the sole purpose of recording
349 and tabulating votes cast by voters at an election.
350 (91) "Voting poll watcher" means a person appointed as provided in this title to
351 witness the distribution of ballots and the voting process.
352 (92) "Voting precinct" means the smallest voting unit established as provided by law
353 within which qualified voters vote at one polling place.
354 (93) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
355 poll watcher, and a testing watcher.
356 (94) "Western States Presidential Primary" means the election established in Chapter 9,
357 Part 8, Western States Presidential Primary.
358 (95) "Write-in ballot" means a ballot containing any write-in votes.
359 (96) "Write-in vote" means a vote cast for a person whose name is not printed on the
360 ballot according to the procedures established in this title.
361 Section 2. Section 20A-1-504 is amended to read:
362 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
363 state auditor, State Board of Education member, and lieutenant governor.
364 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
365 treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the
366 unexpired term at the next regular general election.
367 (b) [
368 the next regular general election by appointing a person who meets the qualifications for the
369 office from three persons nominated by the state central committee of the same political party
370 as the prior officeholder.
371 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
372 consent of the Senate, appoint a person to hold the office until the next regular general election
373 at which the governor stands for election.
374 (3) For a State Board of Education member vacancy, [
375
376
377 selecting an individual who meets the qualifications and residency requirements for filling the
378 vacancy described in Section 20A-14-103.
379 Section 3. Section 20A-9-201 is amended to read:
380 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
381 more than one political party prohibited with exceptions -- General filing and form
382 requirements -- Affidavit of impecuniosity.
383 (1) Before filing a declaration of candidacy for election to any office, a person shall:
384 (a) be a United States citizen;
385 (b) meet the legal requirements of that office; and
386 (c) if seeking a registered political party's nomination as a candidate for elective office,
387 state:
388 (i) the registered political party of which the person is a member; or
389 (ii) that the person is not a member of a registered political party.
390 (2) (a) Except as provided in Subsection (2)(b), an individual may not:
391 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
392 Utah during any election year;
393 (ii) appear on the ballot as the candidate of more than one political party; or
394 (iii) file a declaration of candidacy for a registered political party of which the
395 individual is not a member, except to the extent that the registered political party permits
396 otherwise in the registered political party's bylaws.
397 (b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
398 or vice president of the United States and another office, if the person resigns the person's
399 candidacy for the other office after the person is officially nominated for president or vice
400 president of the United States.
401 (ii) A person may file a declaration of candidacy for, or be a candidate for, more than
402 one justice court judge office.
403 (iii) A person may file a declaration of candidacy for lieutenant governor even if the
404 person filed a declaration of candidacy for another office in the same election year if the person
405 withdraws as a candidate for the other office in accordance with Subsection 20A-9-202(6)
406 before filing the declaration of candidacy for lieutenant governor.
407 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
408 declaration of candidacy, the filing officer shall:
409 (A) read to the prospective candidate the constitutional and statutory qualification
410 requirements for the office that the candidate is seeking; and
411 (B) require the candidate to state whether the candidate meets those requirements.
412 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
413 county clerk shall ensure that the person filing that declaration of candidacy is:
414 (A) a United States citizen;
415 (B) an attorney licensed to practice law in Utah who is an active member in good
416 standing of the Utah State Bar;
417 (C) a registered voter in the county in which the person is seeking office; and
418 (D) a current resident of the county in which the person is seeking office and either has
419 been a resident of that county for at least one year or was appointed and is currently serving as
420 county attorney and became a resident of the county within 30 days after appointment to the
421 office.
422 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
423 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
424 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 prosecution district in which the person is seeking office;
429 and
430 (D) a current resident of the prosecution district in which the person is seeking office
431 and either will have been a resident of that prosecution district for at least one year as of the
432 date of the election or was appointed and is currently serving as district attorney and became a
433 resident of the prosecution district within 30 days after receiving appointment to the office.
434 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
435 county clerk shall ensure that the person filing the declaration of candidacy:
436 (A) as of the date of filing:
437 (I) is a United States citizen;
438 (II) is a registered voter in the county in which the person seeks office;
439 (III) (Aa) has successfully met the standards and training requirements established for
440 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
441 Certification Act; or
442 (Bb) has met the waiver requirements in Section 53-6-206; and
443 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
444 53-13-103; and
445 (B) as of the date of the election, shall have been a resident of the county in which the
446 person seeks office for at least one year.
447 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
448 governor, state auditor, state treasurer, attorney general, state legislator, or State Board of
449 Education member, the filing officer shall ensure:
450 (A) that the person filing the declaration of candidacy also files the financial disclosure
451 required by Section 20A-11-1603; and
452 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
453 provided to the lieutenant governor according to the procedures and requirements of Section
454 20A-11-1603.
455 (b) If the prospective candidate states that the qualification requirements for the office
456 are not met, the filing officer may not accept the prospective candidate's declaration of
457 candidacy.
458 (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
459 requirements of candidacy are met, the filing officer shall:
460 (i) inform the candidate that:
461 (A) the candidate's name will appear on the ballot as the candidate's name is written on
462 the declaration of candidacy;
463 (B) the candidate may be required to comply with state or local campaign finance
464 disclosure laws; and
465 (C) the candidate is required to file a financial statement before the candidate's political
466 convention under:
467 (I) Section 20A-11-204 for a candidate for constitutional office;
468 (II) Section 20A-11-303 for a candidate for the Legislature; or
469 (III) local campaign finance disclosure laws, if applicable;
470 (ii) except for a presidential candidate, provide the candidate with a copy of the current
471 campaign financial disclosure laws for the office the candidate is seeking and inform the
472 candidate that failure to comply will result in disqualification as a candidate and removal of the
473 candidate's name from the ballot;
474 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
475 Electronic Voter Information Website Program and inform the candidate of the submission
476 deadline under Subsection 20A-7-801(4)(a);
477 (iv) provide the candidate with a copy of the pledge of fair campaign practices
478 described under Section 20A-9-206 and inform the candidate that:
479 (A) signing the pledge is voluntary; and
480 (B) signed pledges shall be filed with the filing officer;
481 (v) accept the candidate's declaration of candidacy; and
482 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
483 declaration of candidacy to the chair of the county or state political party of which the
484 candidate is a member.
485 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
486 officer shall:
487 (i) accept the candidate's pledge; and
488 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
489 candidate's pledge to the chair of the county or state political party of which the candidate is a
490 member.
491 (4) (a) Except for a presidential [
492 candidate, the form of the declaration of candidacy shall:
493 (i) be substantially as follows:
494 "State of Utah, County of ____
495 I, ______________, declare my candidacy for the office of ____, seeking the
496 nomination of the ____ party. I do solemnly swear that: I will meet the qualifications to
497 hold the office, both legally and constitutionally, if selected; I reside at _____________
498 in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
499 knowingly violate any law governing campaigns and elections; I will file all campaign
500 financial disclosure reports as required by law; and I understand that failure to do so
501 will result in my disqualification as a candidate for this office and removal of my name
502 from the ballot. The mailing address that I designate for receiving official election
503 notices is ___________________________.
504 ____________________________________________________________________
505 Subscribed and sworn before me this __________(month\day\year).
506
Notary Public (or other officer qualified to administer oath)."; and
507 (ii) require the candidate to state, in the sworn statement described in Subsection
508 (4)(a)(i):
509 (A) the registered political party of which the candidate is a member; or
510 (B) that the candidate is not a member of a registered political party.
511 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
512 may not sign the form described in Subsection (4)(a).
513 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
514 is:
515 (i) $50 for candidates for the local school district board; and
516 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
517 person holding the office for all other federal, state, and county offices.
518 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
519 any candidate:
520 (i) who is disqualified; or
521 (ii) who the filing officer determines has filed improperly.
522 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
523 from candidates.
524 (ii) The lieutenant governor shall:
525 (A) apportion to and pay to the county treasurers of the various counties all fees
526 received for filing of nomination certificates or acceptances; and
527 (B) ensure that each county receives that proportion of the total amount paid to the
528 lieutenant governor from the congressional district that the total vote of that county for all
529 candidates for representative in Congress bears to the total vote of all counties within the
530 congressional district for all candidates for representative in Congress.
531 (d) (i) A person who is unable to pay the filing fee may file a declaration of candidacy
532 without payment of the filing fee upon a prima facie showing of impecuniosity as evidenced by
533 an affidavit of impecuniosity filed with the filing officer and, if requested by the filing officer,
534 a financial statement filed at the time the affidavit is submitted.
535 (ii) A person who is able to pay the filing fee may not claim impecuniosity.
536 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
537 statement filed under this section shall be subject to the criminal penalties provided under
538 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
539 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
540 considered an offense under this title for the purposes of assessing the penalties provided in
541 Subsection 20A-1-609(2).
542 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
543 substantially the following form:
544 "Affidavit of Impecuniosity
545 Individual Name
546 ____________________________Address_____________________________
547 Phone Number _________________
548 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
549 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
550 law.
551 Date ______________ Signature________________________________________________
552 Affiant
553 Subscribed and sworn to before me on ___________ (month\day\year)
554
______________________
555
(signature)
556 Name and Title of Officer Authorized to Administer Oath
______________________"
557 (v) The filing officer shall provide to a person who requests an affidavit of
558 impecuniosity a statement printed in substantially the following form, which may be included
559 on the affidavit of impecuniosity:
560 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
561 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
562 penalties, will be removed from the ballot."
563 (vi) The filing officer may request that a person who makes a claim of impecuniosity
564 under this Subsection (5)(d) file a financial statement on a form prepared by the election
565 official.
566 (6) (a) If there is no legislative appropriation for the Western States Presidential
567 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
568 president of the United States who is affiliated with a registered political party and chooses to
569 participate in the regular primary election shall:
570 (i) file a declaration of candidacy, in person or via a designated agent, with the
571 lieutenant governor:
572 (A) on a form developed and provided by the lieutenant governor; and
573 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
574 March before the next regular primary election;
575 (ii) identify the registered political party whose nomination the candidate is seeking;
576 (iii) provide a letter from the registered political party certifying that the candidate may
577 participate as a candidate for that party in that party's presidential primary election; and
578 (iv) pay the filing fee of $500.
579 (b) An agent designated to file a declaration of candidacy may not sign the form
580 described in Subsection (6)(a)(i)(A).
581 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
582 within the time provided in this chapter is ineligible for nomination to office.
583 (8) A declaration of candidacy filed under this section may not be amended or
584 modified after the final date established for filing a declaration of candidacy.
585 (9) (a) The form of the declaration of candidacy for the office of State Board of
586 Education member shall be substantially as follows:
587 "State of Utah, County of ____
588 I, ______________, declare my candidacy for the office of State Board of Education
589 member. I do solemnly swear that: I will meet the qualifications to hold the office, both legally
590 and constitutionally, if selected; I reside at _____________ in the City or Town of ____, Utah,
591 Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns and
592 elections; I will file all campaign financial disclosure reports as required by
593 law; and I understand that failure to do so will result in my disqualification as a
594 candidate for this office and removal of my name from the ballot. The mailing address that I
595 designate for receiving official election notices is ___________________________.
596 __________________________________________________________
597 Subscribed and sworn before me this __________(month\day\year). Notary Public (or
598 other officer qualified to administer oath)."
599 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
600 may not sign the form described in Subsection (9)(a).
601 Section 4. Section 20A-9-403 is amended to read:
602 20A-9-403. Regular primary elections.
603 (1) (a) Candidates for elective office that are to be filled at the next regular general
604 election shall be nominated in a regular primary election by direct vote of the people in the
605 manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
606 designated as regular primary election day. Nothing in this section shall affect a candidate's
607 ability to qualify for a regular general election's ballot as an unaffiliated candidate under
608 Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
609 Section 20A-9-601.
610 (b) Each registered political party that chooses to have the names of its candidates for
611 elective office featured with party affiliation on the ballot at a regular general election shall
612 comply with the requirements of this section and shall nominate its candidates for elective
613 office in the manner prescribed in this section.
614 (c) A filing officer may not permit an official ballot at a regular general election to be
615 produced or used if the ballot denotes affiliation between a registered political party or any
616 other political group and a candidate for elective office who was not nominated in the manner
617 prescribed in this section or in Subsection 20A-9-202(4).
618 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
619 even-numbered year in which a regular general election will be held.
620 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
621 shall:
622 (i) either declare their intent to participate in the next regular primary election or
623 declare that the registered political party chooses not to have the names of its candidates for
624 elective office featured on the ballot at the next regular general election; and
625 (ii) if the registered political party participates in the upcoming regular primary
626 election, identify one or more registered political parties whose members may vote for the
627 registered political party's candidates and whether or not persons identified as unaffiliated with
628 a political party may vote for the registered political party's candidates.
629 (b) (i) A registered political party that is a continuing political party must file the
630 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
631 November 15 of each odd-numbered year.
632 (ii) An organization that is seeking to become a registered political party under Section
633 20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
634 political party files the petition described in Section 20A-8-103.
635 (3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
636 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
637 office on the regular primary ballot of the registered political party listed on the declaration of
638 candidacy only if the person is certified by the appropriate filing officer as having submitted a
639 set of nomination petitions that was:
640 (i) circulated and completed in accordance with Section 20A-9-405; and
641 (ii) signed by at least two percent of the registered political party's members who reside
642 in the political division of the office that the person seeks.
643 (b) A candidate for elective office shall submit nomination petitions to the appropriate
644 filing officer for verification and certification no later than 5 p.m. on the final day in March.
645 Candidates may supplement their submissions at any time on or before the filing deadline.
646 (c) The lieutenant governor shall determine for each elective office the total number of
647 signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
648 of persons residing in each elective office's political division who have designated a particular
649 registered political party on their voter registration forms as of November 1 of each
650 odd-numbered year. The lieutenant governor shall publish this determination for each elective
651 office no later than November 15 of each odd-numbered year.
652 (d) The filing officer shall:
653 (i) verify signatures on nomination petitions in a transparent and orderly manner;
654 (ii) for all qualifying candidates for elective office who submitted nomination petitions
655 to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
656 the first Monday after the third Saturday in April;
657 (iii) consider active and inactive voters eligible to sign nomination petitions;
658 (iv) consider a person who signs a nomination petition a member of a registered
659 political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
660 political party as the person's party membership on the person's voter registration form; and
661 (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
662 petition signatures, or use statistical sampling procedures to verify submitted nomination
663 petition signatures pursuant to rules made under Subsection (3)(f).
664 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
665 lieutenant governor may appear on the regular primary ballot of a registered political party
666 without submitting nomination petitions if the candidate files a declaration of candidacy and
667 complies with Subsection 20A-9-202(3).
668 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
669 director of elections, within the Office of the Lieutenant Governor, shall make rules that:
670 (i) provide for the use of statistical sampling procedures that:
671 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
672 (B) reflect a bona fide effort to determine the validity of a candidate's entire
673 submission, using widely recognized statistical sampling techniques; and
674 (ii) provide for the transparent, orderly, and timely submission, verification, and
675 certification of nomination petition signatures.
676 (g) The county clerk shall:
677 (i) review the declarations of candidacy filed by candidates for local boards of
678 education to determine if more than two candidates have filed for the same seat;
679 (ii) place the names of all candidates who have filed a declaration of candidacy for a
680 local board of education seat on the nonpartisan section of the ballot if more than two
681 candidates have filed for the same seat; and
682 (iii) determine the order of the local board of education candidates' names on the ballot
683 in accordance with Section 20A-6-305.
684 (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
685 governor shall provide to the county clerks:
686 (i) a list of the names of all candidates for federal, constitutional, multi-county, and
687 county offices who have received certifications under Subsection (3), along with instructions
688 on how those names shall appear on the primary-election ballot in accordance with Section
689 20A-6-305; and
690 (ii) a list of unopposed candidates for elective office who have been nominated by a
691 registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
692 candidates from the primary-election ballot.
693 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
694 joint-ticket running mates shall appear jointly on the primary-election ballot.
695 (c) After the county clerk receives the certified list from the lieutenant governor under
696 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
697 substantially the following form:
698 "Notice is given that a primary election will be held Tuesday, June ____,
699 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
700 State Board of Education and local school board positions listed on the primary ballot. The
701 polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
702 until 8 p.m. of the same day. Attest: county clerk."
703 (5) (a) Candidates, other than presidential candidates, receiving the highest number of
704 votes cast for each office at the regular primary election are nominated by their registered
705 political party for that office or are nominated as a candidate for a nonpartisan State Board of
706 Education or local school board position.
707 (b) If two or more candidates, other than presidential candidates, are to be elected to
708 the office at the regular general election, those party candidates equal in number to positions to
709 be filled who receive the highest number of votes at the regular primary election are the
710 nominees of their party for those positions.
711 (c) A candidate who is unopposed for an elective office in the regular primary election
712 of a registered political party is nominated by the party for that office without appearing on the
713 primary ballot. A candidate is "unopposed" if no person other than the candidate has received a
714 certification under Subsection (3) for the regular primary election ballot of the candidate's
715 registered political party for a particular elective office.
716 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
717 office that represents more than one county, the governor, lieutenant governor, and attorney
718 general shall, at a public meeting called by the governor and in the presence of the candidates
719 involved, select the nominee by lot cast in whatever manner the governor determines.
720 (b) When a tie vote occurs in any primary election for any county office, the district
721 court judges of the district in which the county is located shall, at a public meeting called by
722 the judges and in the presence of the candidates involved, select the nominee by lot cast in
723 whatever manner the judges determine.
724 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
725 primary election provided for by this section, and all expenses necessarily incurred in the
726 preparation for or the conduct of that primary election shall be paid out of the treasury of the
727 county or state, in the same manner as for the regular general elections.
728 (8) An individual may not file a declaration of candidacy for a registered political party
729 of which the individual is not a member, except to the extent that the registered political party
730 permits otherwise under the registered political party's bylaws.
731 Section 5. Section 20A-9-408 is amended to read:
732 20A-9-408. Signature-gathering process to seek the nomination of a qualified
733 political party.
734 (1) This section describes the requirements for a member of a qualified political party
735 who is seeking the nomination of the qualified political party for an elective office through the
736 signature-gathering process described in this section.
737 (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
738 candidacy for a member of a qualified political party who is nominated by, or who is seeking
739 the nomination of, the qualified political party under this section shall be substantially as
740 described in Section 20A-9-408.5.
741 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
742 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
743 nomination of the qualified political party for an elective office that is to be filled at the next
744 general election shall:
745 (a) within the period beginning on January 1 before the next regular general election
746 and ending on the third Thursday in March of the same year, and before gathering signatures
747 under this section, file with the filing officer on a form approved by the lieutenant governor a
748 notice of intent to gather signatures for candidacy that includes:
749 (i) the name of the member who will attempt to become a candidate for a registered
750 political party under this section;
751 (ii) the name of the registered political party for which the member is seeking
752 nomination;
753 (iii) the office for which the member is seeking to become a candidate;
754 (iv) the address and telephone number of the member; and
755 (v) other information required by the lieutenant governor;
756 (b) 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 (c) 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) on or after January 1 before the next regular general election, and before gathering
765 signatures under this section, file with the filing officer on a form approved by the lieutenant
766 governor a notice of intent to gather signatures for candidacy that includes:
767 (i) the name of the member who will attempt to become a candidate for a registered
768 political party under this section;
769 (ii) the name of the registered political party for which the member is seeking
770 nomination;
771 (iii) the office for which the member is seeking to become a candidate;
772 (iv) the address and telephone number of the member; and
773 (v) other information required by the lieutenant governor;
774 (b) file a declaration of candidacy, in person, with the filing officer on or after the
775 second Friday in March and before 5 p.m. on the third Thursday in March before the next
776 regular general election; and
777 (c) pay the filing fee.
778 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
779 who files as the joint-ticket running mate of an individual who is nominated by a qualified
780 political party, under this section, for the office of governor shall submit a letter from the
781 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
782 mate.
783 (6) The lieutenant governor shall ensure that the certification described in Subsection
784 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
785 under this section.
786 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
787 is nominated by a qualified political party under this section, designate the qualified political
788 party that nominated the candidate.
789 (8) A member of a qualified political party may seek the nomination of the qualified
790 political party for an elective office by:
791 (a) complying with the requirements described in this section; and
792 (b) collecting signatures, on a form approved by the lieutenant governor, during the
793 period beginning on January 1 of an even-numbered year and ending 14 days before the day on
794 which the qualified political party's convention for the office is held, in the following amounts:
795 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
796 permitted by the qualified political party to vote for the qualified political party's candidates in
797 a primary election;
798 (ii) for a congressional district race, 7,000 signatures of registered voters who are
799 residents of the congressional district and are permitted by the qualified political party to vote
800 for the qualified political party's candidates in a primary election;
801 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
802 residents of the state Senate district and are permitted by the qualified political party to vote for
803 the qualified political party's candidates in a primary election;
804 (iv) for a state House district race, 1,000 signatures of registered voters who are
805 residents of the state House district and are permitted by the qualified political party to vote for
806 the qualified political party's candidates in a primary election; and
807 [
808 [
809
810
811 [
812
813 [
814 residents of the area permitted to vote for the county office and are permitted by the qualified
815 political party to vote for the qualified political party's candidates in a primary election.
816 (9) (a) In order for a member of the qualified political party to qualify as a candidate
817 for the qualified political party's nomination for an elective office under this section, the
818 member shall:
819 (i) collect the signatures on a form approved by the lieutenant governor, using the same
820 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
821 (ii) submit the signatures to the election officer no later than 14 days before the day on
822 which the qualified political party holds its convention to select candidates, for the elective
823 office, for the qualified political party's nomination.
824 (b) An individual may not gather signatures under this section until after the individual
825 files a notice of intent to gather signatures for candidacy described in this section.
826 (c) An individual who files a notice of intent to gather signatures for candidacy,
827 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
828 the notice of intent to gather signatures for candidacy:
829 (i) required to comply with the reporting requirements that a candidate for office is
830 required to comply with; and
831 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
832 apply to a candidate for office in relation to the reporting requirements described in Subsection
833 (9)(c)(i).
834 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
835 election officer shall, no later than one day before the day on which the qualified political party
836 holds the convention to select a nominee for the elective office to which the signature packets
837 relate:
838 (i) check the name of each individual who completes the verification for a signature
839 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
840 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
841 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
842 (iii) determine whether each signer is a registered voter who is qualified to sign the
843 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
844 on a petition;
845 (iv) certify whether each name is that of a registered voter who is qualified to sign the
846 signature packet; and
847 (v) notify the qualified political party and the lieutenant governor of the name of each
848 member of the qualified political party who qualifies as a nominee of the qualified political
849 party, under this section, for the elective office to which the convention relates.
850 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
851 this section, the lieutenant governor shall post the notice of intent to gather signatures for
852 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
853 posts a declaration of candidacy.
854 Section 6. Section 20A-11-1303 is amended to read:
855 20A-11-1303. School board office candidate and school board officeholder --
856 Financial reporting requirements -- Interim reports.
857 (1) (a) As used in this section, "received" means:
858 (i) for a cash contribution, that the cash is given to a school board office candidate or a
859 member of the school board office candidate's personal campaign committee;
860 (ii) for a contribution that is a check or other negotiable instrument, that the check or
861 other negotiable instrument is negotiated; or
862 (iii) for any other type of contribution, that any portion of the contribution's benefit
863 inures to the school board office candidate.
864 (b) As used in this Subsection (1), "campaign account" means a separate campaign
865 account required under Subsection 20A-11-1301(1)(a)(i).
866 (c) Each school board office candidate shall file an interim report at the following
867 times in any year in which the candidate has filed a declaration of candidacy for a public office:
868 [
869
870 [
871
872 (i) May 15;
873 (ii) seven days before the regular primary election date;
874 (iii) September 30; and
875 (iv) seven days before the regular general election date.
876 (d) Each school board officeholder who has a campaign account that has not been
877 dissolved under Section 20A-11-1304 shall, in an even year, file an interim report at the
878 following times, regardless of whether an election for the school board officeholder's office is
879 held that year:
880 [
881
882 [
883 (i) May 15;
884 (ii) seven days before the regular primary election date for that year;
885 (iii) September 30; and
886 (iv) seven days before the regular general election date.
887 (2) Each interim report shall include the following information:
888 (a) the net balance of the last summary report, if any;
889 (b) a single figure equal to the total amount of receipts reported on all prior interim
890 reports, if any, during the calendar year in which the interim report is due;
891 (c) a single figure equal to the total amount of expenditures reported on all prior
892 interim reports, if any, filed during the calendar year in which the interim report is due;
893 (d) a detailed listing of each contribution and public service assistance received since
894 the last summary report that has not been reported in detail on a prior interim report;
895 (e) for each nonmonetary contribution:
896 (i) the fair market value of the contribution with that information provided by the
897 contributor; and
898 (ii) a specific description of the contribution;
899 (f) a detailed listing of each expenditure made since the last summary report that has
900 not been reported in detail on a prior interim report;
901 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
902 (h) a net balance for the year consisting of the net balance from the last summary
903 report, if any, plus all receipts since the last summary report minus all expenditures since the
904 last summary report;
905 (i) a summary page in the form required by the lieutenant governor that identifies:
906 (i) beginning balance;
907 (ii) total contributions during the period since the last statement;
908 (iii) total contributions to date;
909 (iv) total expenditures during the period since the last statement; and
910 (v) total expenditures to date; and
911 (j) the name of a political action committee for which the school board office candidate
912 or school board officeholder is designated as an officer who has primary decision-making
913 authority under Section 20A-11-601.
914 (3) (a) In preparing each interim report, all receipts and expenditures shall be reported
915 as of five days before the required filing date of the report.
916 (b) Any negotiable instrument or check received by a school board office candidate or
917 school board officeholder more than five days before the required filing date of a report
918 required by this section shall be included in the interim report.
919 Section 7. Section 20A-14-104.1 is amended to read:
920 20A-14-104.1. State Board of Education -- Declaration of candidacy.
921 (1) A person interested in becoming a candidate for the State Board of Education shall
922 file a declaration of candidacy according to the procedures and requirements of Sections
923 20A-9-201 and 20A-9-202 on or after the second Friday in March, and before 5 p.m. on the
924 third Thursday in March, before the next regular general election.
925 [
926 (2) The lieutenant governor shall:
927 (a) if more than two candidates have filed for the same State Board of Education seat,
928 place the names of all candidates for that seat on the nonpartisan section of the regular primary
929 election ballot; and
930 (b) determine the order of the State Board of Education candidate's names on the
931 regular primary election ballot in accordance with Section 20A-6-305.
932 Section 8. Section 20A-14-106 is amended to read:
933 20A-14-106. Vacancies on the State Board of Education.
934 Vacancies on the State Board of Education shall be filled as provided in Section
935 [
936 Section 9. Repealer.
937 This bill repeals:
938 Section 20A-1-507, Midterm vacancies in the State Board of Education.
Legislative Review Note
Office of Legislative Research and General Counsel