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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the State Board of Education.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ reduces the size and modifies the membership of the State Board of Education;
14 ▸ provides that members of the State Board of Education are appointed by the
15 governor, with the consent of the Senate;
16 ▸ addresses board member terms, removal, and vacancies;
17 ▸ provides for the transition from old board members to new board members;
18 ▸ removes the State Board of Education from provisions in the Election Code; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-1-404, as last amended by Laws of Utah 2008, Chapter 13
27 20A-1-504, as last amended by Laws of Utah 2018, Chapter 19
28 20A-6-305, as last amended by Laws of Utah 2017, Chapter 275
29 20A-9-408, as last amended by Laws of Utah 2018, Chapter 11
30 20A-11-101, as last amended by Laws of Utah 2017, Chapter 452
31 20A-11-402, as last amended by Laws of Utah 2013, Chapter 320
32 20A-11-403, as last amended by Laws of Utah 2016, Chapter 28
33 20A-11-1202, as last amended by Laws of Utah 2017, Chapter 68
34 53E-3-201, as last amended by Laws of Utah 2018, Chapter 336 and renumbered and
35 amended by Laws of Utah 2018, Chapter 1
36 ENACTS:
37 53E-3-102, Utah Code Annotated 1953
38 53E-3-205, Utah Code Annotated 1953
39 REPEALS:
40 20A-11-1301, as last amended by Laws of Utah 2018, Chapter 83
41 20A-11-1302, as last amended by Laws of Utah 2016, Chapter 409
42 20A-11-1303, as last amended by Laws of Utah 2016, Chapters 28 and 409
43 20A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
44 20A-11-1305, as last amended by Laws of Utah 2018, Chapter 19
45 20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
46 20A-14-101.5, as last amended by Laws of Utah 2013, Chapter 455
47 20A-14-102, as last amended by Laws of Utah 2013, Chapter 455
48 20A-14-102.1, as last amended by Laws of Utah 2018, Chapter 330
49 20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
50 20A-14-102.3, as last amended by Laws of Utah 2013, Chapter 455
51 20A-14-103, as last amended by Laws of Utah 2018, Chapter 19
52 20A-14-104.1, as enacted by Laws of Utah 2016, Chapter 28
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 20A-1-404 is amended to read:
56 20A-1-404. Election controversies.
57 (1) (a) (i) Whenever any controversy occurs between any election officer or other
58 person or entity charged with any duty or function under this title and any candidate, or the
59 officers or representatives of any political party, or persons who have made nominations, either
60 party to the controversy may file a verified petition with the district court.
61 (ii) If a petition is filed, the petitioner shall serve a copy of the petition on the
62 respondents on the same day that the petition is filed with the court.
63 (b) The verified petition shall identify concisely the nature of the controversy and the
64 relief sought.
65 (2) After reviewing the petition, the court shall:
66 (a) issue an order commanding the respondent named in the petition to appear before
67 the court to answer, under oath, to the petition;
68 (b) summarily hear and dispose of any issues raised by the petition to obtain:
69 (i) strict compliance with all filing deadlines for financial disclosure reports under:
70 (A) Section 10-3-208, regarding campaign finance statements in municipal elections;
71 (B) Section 17-16-6.5, regarding campaign finance statements for county offices;
72 (C) Title 20A, Chapter 11, Part 2, State Office Candidates - Campaign Organization
73 and Financial Reporting Requirements;
74 (D) Title 20A, Chapter 11, Part 3, Candidates for Legislative Office - Campaign
75 Organization and Financial Reporting Requirements;
76 (E) Title 20A, Chapter 11, Part 4, Officeholder Financial Reporting Requirements;
77 (F) Title 20A, Chapter 11, Part 5, Political Party Registration and Financial Reporting
78 Requirements;
79 (G) Title 20A, Chapter 11, Part 6, Political Action Committee Registration and
80 Financial Reporting Requirements;
81 (H) Title 20A, Chapter 11, Part 7, Campaign Financial Reporting by Corporations;
82 (I) Title 20A, Chapter 11, Part 8, Political Issues Committees - Registration and
83 Financial Reporting; and
84 [
85 [
86 Requirements for Judicial Retention Elections; and
87 (ii) substantial compliance with all other provisions of this title by the parties to the
88 controversy; and
89 (c) make and enter orders and judgments, and issue the process of the court to enforce
90 all of those orders and judgments.
91 Section 2. Section 20A-1-504 is amended to read:
92 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
93 state auditor, or lieutenant governor.
94 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
95 treasurer, or state auditor, [
96 the unexpired term at the next regular general election.
97 (b) The governor shall fill the vacancy until the next regular general election by[
98 appointing a person who meets the qualifications for the office from three persons nominated
99 by the state central committee of the same political party as the prior officeholder[
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112 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
113 consent of the Senate, appoint a person to hold the office until the next regular general election
114 at which the governor stands for election.
115 Section 3. Section 20A-6-305 is amended to read:
116 20A-6-305. Master ballot position list -- Random selection -- Procedures --
117 Publication -- Surname -- Exemptions -- Ballot order.
118 (1) As used in this section, "master ballot position list" means an official list of the 26
119 characters in the alphabet listed in random order and numbered from one to 26 as provided
120 under Subsection (2).
121 (2) The lieutenant governor shall:
122 (a) within 30 days after the candidate filing deadline in each even-numbered year,
123 conduct a random selection to create a master ballot position list for all elections in accordance
124 with procedures established under Subsection (2)(c);
125 (b) publish the master ballot position list on the lieutenant governor's election website
126 no later than 15 days after creating the list; and
127 (c) establish written procedures for:
128 (i) the election official to use the master ballot position list; and
129 (ii) the lieutenant governor in:
130 (A) conducting the random selection in a fair manner; and
131 (B) providing a record of the random selection process used.
132 (3) In accordance with the written procedures established under Subsection (2)(c)(i), an
133 election officer shall use the master ballot position list for the current year to determine the
134 order in which to list candidates on the ballot for an election held during the year.
135 (4) To determine the order in which to list candidates on the ballot required under
136 Subsection (3), the election officer shall apply the randomized alphabet using:
137 (a) the candidate's surname;
138 (b) for candidates with a surname that has the same spelling, the candidate's given
139 name;
140 (c) the surname of the president and the surname of the governor for an election for the
141 offices of president and vice president and governor and lieutenant governor; and
142 (d) if the ballot provides for a ticket or a straight party ticket, the registered political
143 party name.
144 (5) Subsections (1) through (4) do not apply to:
145 (a) an election for an office for which only one candidate is listed on the ballot; or
146 (b) a judicial retention election under Section 20A-12-201.
147 (6) Subject to Subsection (7), each ticket that appears on a ballot for an election shall
148 appear separately, in the following order:
149 (a) a straight party ticket, where the voter may, with one mark, vote for all candidates
150 of one political party;
151 (b) for federal office:
152 (i) president and vice president of the United States;
153 (ii) United States Senate office; and
154 (iii) United States House of Representatives office;
155 (c) for state office:
156 (i) governor and lieutenant governor;
157 (ii) attorney general;
158 (iii) state auditor;
159 (iv) state treasurer;
160 (v) state Senate office; and
161 (vi) state House of Representatives office; [
162 [
163 (d) for county office:
164 (i) county executive office;
165 (ii) county legislative body member;
166 (iii) county assessor;
167 (iv) county or district attorney;
168 (v) county auditor;
169 (vi) county clerk;
170 (vii) county recorder;
171 (viii) county sheriff;
172 (ix) county surveyor;
173 (x) county treasurer; and
174 (xi) local school board member;
175 (e) for municipal office:
176 (i) mayor; and
177 (ii) city or town council member;
178 (f) elected planning and service district council member;
179 (g) judicial retention questions; and
180 (h) ballot propositions not described in Subsection (6)(g).
181 (7) (a) A ticket for a race for a combined office shall appear on the ballot in the place
182 of the earliest ballot ticket position that is reserved for an office that is subsumed in the
183 combined office.
184 (b) Each ticket, other than a ticket described in Subsection (6)(g), shall list:
185 (i) each candidate in accordance with Subsections (1) through (4); and
186 (ii) except as otherwise provided in this title, the party name, initials, or title following
187 each candidate's name.
188 Section 4. Section 20A-9-408 is amended to read:
189 20A-9-408. Signature-gathering process to seek the nomination of a qualified
190 political party.
191 (1) This section describes the requirements for a member of a qualified political party
192 who is seeking the nomination of the qualified political party for an elective office through the
193 signature-gathering process described in this section.
194 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
195 candidacy for a member of a qualified political party who is nominated by, or who is seeking
196 the nomination of, the qualified political party under this section shall be substantially as
197 described in Section 20A-9-408.5.
198 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
199 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
200 nomination of the qualified political party for an elective office that is to be filled at the next
201 general election shall:
202 (a) within the period beginning on January 1 before the next regular general election
203 and ending on the third Thursday in March of the same year, and before gathering signatures
204 under this section, file with the filing officer on a form approved by the lieutenant governor a
205 notice of intent to gather signatures for candidacy that includes:
206 (i) the name of the member who will attempt to become a candidate for a registered
207 political party under this section;
208 (ii) the name of the registered political party for which the member is seeking
209 nomination;
210 (iii) the office for which the member is seeking to become a candidate;
211 (iv) the address and telephone number of the member; and
212 (v) other information required by the lieutenant governor;
213 (b) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy,
214 in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
215 the third Thursday in March before the next regular general election; and
216 (c) pay the filing fee.
217 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
218 party who, under this section, is seeking the nomination of the qualified political party for the
219 office of district attorney within a multicounty prosecution district that is to be filled at the next
220 general election shall:
221 (a) on or after January 1 before the next regular general election, and before gathering
222 signatures under this section, file with the filing officer on a form approved by the lieutenant
223 governor a notice of intent to gather signatures for candidacy that includes:
224 (i) the name of the member who will attempt to become a candidate for a registered
225 political party under this section;
226 (ii) the name of the registered political party for which the member is seeking
227 nomination;
228 (iii) the office for which the member is seeking to become a candidate;
229 (iv) the address and telephone number of the member; and
230 (v) other information required by the lieutenant governor;
231 (b) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy,
232 in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
233 the third Thursday in March before the next regular general election; and
234 (c) pay the filing fee.
235 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
236 who files as the joint-ticket running mate of an individual who is nominated by a qualified
237 political party, under this section, for the office of governor shall, on or before 5 p.m. on the
238 first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
239 from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
240 running mate.
241 (6) The lieutenant governor shall ensure that the certification described in Subsection
242 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
243 under this section.
244 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
245 is nominated by a qualified political party under this section, designate the qualified political
246 party that nominated the candidate.
247 (8) A member of a qualified political party may seek the nomination of the qualified
248 political party for an elective office by:
249 (a) complying with the requirements described in this section; and
250 (b) collecting signatures, on a form approved by the lieutenant governor, during the
251 period beginning on January 1 of an even-numbered year and ending 14 days before the day on
252 which the qualified political party's convention for the office is held, in the following amounts:
253 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
254 permitted by the qualified political party to vote for the qualified political party's candidates in
255 a primary election;
256 (ii) for a congressional district race, 7,000 signatures of registered voters who are
257 residents of the congressional district and are permitted by the qualified political party to vote
258 for the qualified political party's candidates in a primary election;
259 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
260 residents of the state Senate district and are permitted by the qualified political party to vote for
261 the qualified political party's candidates in a primary election;
262 (iv) for a state House district race, 1,000 signatures of registered voters who are
263 residents of the state House district and are permitted by the qualified political party to vote for
264 the qualified political party's candidates in a primary election; and
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272 residents of the area permitted to vote for the county office and are permitted by the qualified
273 political party to vote for the qualified political party's candidates in a primary election.
274 (9) (a) In order for a member of the qualified political party to qualify as a candidate
275 for the qualified political party's nomination for an elective office under this section, the
276 member shall:
277 (i) collect the signatures on a form approved by the lieutenant governor, using the same
278 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
279 (ii) submit the signatures to the election officer no later than 14 days before the day on
280 which the qualified political party holds its convention to select candidates, for the elective
281 office, for the qualified political party's nomination.
282 (b) An individual may not gather signatures under this section until after the individual
283 files a notice of intent to gather signatures for candidacy described in this section.
284 (c) An individual who files a notice of intent to gather signatures for candidacy,
285 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
286 the notice of intent to gather signatures for candidacy:
287 (i) required to comply with the reporting requirements that a candidate for office is
288 required to comply with; and
289 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
290 apply to a candidate for office in relation to the reporting requirements described in Subsection
291 (9)(c)(i).
292 (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
293 election officer shall, no later than one day before the day on which the qualified political party
294 holds the convention to select a nominee for the elective office to which the signature packets
295 relate:
296 (i) check the name of each individual who completes the verification for a signature
297 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
298 (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
299 Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
300 (iii) determine whether each signer is a registered voter who is qualified to sign the
301 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
302 on a petition;
303 (iv) certify whether each name is that of a registered voter who is qualified to sign the
304 signature packet; and
305 (v) notify the qualified political party and the lieutenant governor of the name of each
306 member of the qualified political party who qualifies as a nominee of the qualified political
307 party, under this section, for the elective office to which the convention relates.
308 (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
309 this section, the lieutenant governor shall post the notice of intent to gather signatures for
310 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
311 posts a declaration of candidacy.
312 Section 5. Section 20A-11-101 is amended to read:
313 20A-11-101. Definitions.
314 As used in this chapter:
315 (1) "Address" means the number and street where an individual resides or where a
316 reporting entity has its principal office.
317 (2) "Agent of a reporting entity" means:
318 (a) a person acting on behalf of a reporting entity at the direction of the reporting
319 entity;
320 (b) a person employed by a reporting entity in the reporting entity's capacity as a
321 reporting entity;
322 (c) the personal campaign committee of a candidate or officeholder;
323 (d) a member of the personal campaign committee of a candidate or officeholder in the
324 member's capacity as a member of the personal campaign committee of the candidate or
325 officeholder; or
326 (e) a political consultant of a reporting entity.
327 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
328 amendments, and any other ballot propositions submitted to the voters that are authorized by
329 the Utah Code Annotated 1953.
330 (4) "Candidate" means any person who:
331 (a) files a declaration of candidacy for a public office; or
332 (b) receives contributions, makes expenditures, or gives consent for any other person to
333 receive contributions or make expenditures to bring about the person's nomination or election
334 to a public office.
335 (5) "Chief election officer" means:
336 (a) the lieutenant governor for state office candidates, legislative office candidates,
337 officeholders, political parties, political action committees, corporations, political issues
338 committees, [
339 Section 20A-11-1501; and
340 (b) the county clerk for local school board candidates.
341 (6) (a) "Contribution" means any of the following when done for political purposes:
342 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
343 value given to the filing entity;
344 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
345 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
346 anything of value to the filing entity;
347 (iii) any transfer of funds from another reporting entity to the filing entity;
348 (iv) compensation paid by any person or reporting entity other than the filing entity for
349 personal services provided without charge to the filing entity;
350 (v) remuneration from:
351 (A) any organization or its directly affiliated organization that has a registered lobbyist;
352 or
353 (B) any agency or subdivision of the state, including school districts;
354 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
355 (vii) in-kind contributions.
356 (b) "Contribution" does not include:
357 (i) services provided by individuals volunteering a portion or all of their time on behalf
358 of the filing entity if the services are provided without compensation by the filing entity or any
359 other person;
360 (ii) money lent to the filing entity by a financial institution in the ordinary course of
361 business; or
362 (iii) goods or services provided for the benefit of a candidate or political party at less
363 than fair market value that are not authorized by or coordinated with the candidate or political
364 party.
365 (7) "Coordinated with" means that goods or services provided for the benefit of a
366 candidate or political party are provided:
367 (a) with the candidate's or political party's prior knowledge, if the candidate or political
368 party does not object;
369 (b) by agreement with the candidate or political party;
370 (c) in coordination with the candidate or political party; or
371 (d) using official logos, slogans, and similar elements belonging to a candidate or
372 political party.
373 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
374 organization that is registered as a corporation or is authorized to do business in a state and
375 makes any expenditure from corporate funds for:
376 (i) the purpose of expressly advocating for political purposes; or
377 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
378 proposition.
379 (b) "Corporation" does not mean:
380 (i) a business organization's political action committee or political issues committee; or
381 (ii) a business entity organized as a partnership or a sole proprietorship.
382 (9) "County political party" means, for each registered political party, all of the persons
383 within a single county who, under definitions established by the political party, are members of
384 the registered political party.
385 (10) "County political party officer" means a person whose name is required to be
386 submitted by a county political party to the lieutenant governor in accordance with Section
387 20A-8-402.
388 (11) "Detailed listing" means:
389 (a) for each contribution or public service assistance:
390 (i) the name and address of the individual or source making the contribution or public
391 service assistance, except to the extent that the name or address of the individual or source is
392 unknown;
393 (ii) the amount or value of the contribution or public service assistance; and
394 (iii) the date the contribution or public service assistance was made; and
395 (b) for each expenditure:
396 (i) the amount of the expenditure;
397 (ii) the person or entity to whom it was disbursed;
398 (iii) the specific purpose, item, or service acquired by the expenditure; and
399 (iv) the date the expenditure was made.
400 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
401 for membership in the corporation, to a corporation without receiving full and adequate
402 consideration for the money.
403 (b) "Donor" does not include a person that signs a statement that the corporation may
404 not use the money for an expenditure or political issues expenditure.
405 (13) "Election" means each:
406 (a) regular general election;
407 (b) regular primary election; and
408 (c) special election at which candidates are eliminated and selected.
409 (14) "Electioneering communication" means a communication that:
410 (a) has at least a value of $10,000;
411 (b) clearly identifies a candidate or judge; and
412 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
413 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
414 identified candidate's or judge's election date.
415 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
416 agent of a reporting entity on behalf of the reporting entity:
417 (i) any disbursement from contributions, receipts, or from the separate bank account
418 required by this chapter;
419 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
420 or anything of value made for political purposes;
421 (iii) an express, legally enforceable contract, promise, or agreement to make any
422 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
423 value for political purposes;
424 (iv) compensation paid by a filing entity for personal services rendered by a person
425 without charge to a reporting entity;
426 (v) a transfer of funds between the filing entity and a candidate's personal campaign
427 committee; or
428 (vi) goods or services provided by the filing entity to or for the benefit of another
429 reporting entity for political purposes at less than fair market value.
430 (b) "Expenditure" does not include:
431 (i) services provided without compensation by individuals volunteering a portion or all
432 of their time on behalf of a reporting entity;
433 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
434 business; or
435 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
436 candidates for office or officeholders in states other than Utah.
437 (16) "Federal office" means the office of president of the United States, United States
438 Senator, or United States Representative.
439 (17) "Filing entity" means the reporting entity that is required to file a financial
440 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
441 (18) "Financial statement" includes any summary report, interim report, verified
442 financial statement, or other statement disclosing contributions, expenditures, receipts,
443 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
444 Retention Elections.
445 (19) "Governing board" means the individual or group of individuals that determine the
446 candidates and committees that will receive expenditures from a political action committee,
447 political party, or corporation.
448 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
449 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
450 metro township.
451 (21) "Incorporation election" means the election authorized by Section 10-2a-210,
452 10-2a-304, or 10-2a-404.
453 (22) "Incorporation petition" means a petition authorized by Section 10-2a-208 or
454 10-2a-302.5.
455 (23) "Individual" means a natural person.
456 (24) "In-kind contribution" means anything of value, other than money, that is accepted
457 by or coordinated with a filing entity.
458 (25) "Interim report" means a report identifying the contributions received and
459 expenditures made since the last report.
460 (26) "Legislative office" means the office of state senator, state representative, speaker
461 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
462 whip of any party caucus in either house of the Legislature.
463 (27) "Legislative office candidate" means a person who:
464 (a) files a declaration of candidacy for the office of state senator or state representative;
465 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
466 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
467 assistant whip of any party caucus in either house of the Legislature; or
468 (c) receives contributions, makes expenditures, or gives consent for any other person to
469 receive contributions or make expenditures to bring about the person's nomination, election, or
470 appointment to a legislative office.
471 (28) "Major political party" means either of the two registered political parties that
472 have the greatest number of members elected to the two houses of the Legislature.
473 (29) "Officeholder" means a person who holds a public office.
474 (30) "Party committee" means any committee organized by or authorized by the
475 governing board of a registered political party.
476 (31) "Person" means both natural and legal persons, including individuals, business
477 organizations, personal campaign committees, party committees, political action committees,
478 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
479 (32) "Personal campaign committee" means the committee appointed by a candidate to
480 act for the candidate as provided in this chapter.
481 (33) "Personal use expenditure" has the same meaning as provided under Section
482 20A-11-104.
483 (34) (a) "Political action committee" means an entity, or any group of individuals or
484 entities within or outside this state, a major purpose of which is to:
485 (i) solicit or receive contributions from any other person, group, or entity for political
486 purposes; or
487 (ii) make expenditures to expressly advocate for [
488 from voting or to vote for or against any candidate or person seeking election to a municipal or
489 county office.
490 (b) "Political action committee" includes groups affiliated with a registered political
491 party but not authorized or organized by the governing board of the registered political party
492 that receive contributions or makes expenditures for political purposes.
493 (c) "Political action committee" does not mean:
494 (i) a party committee;
495 (ii) any entity that provides goods or services to a candidate or committee in the regular
496 course of its business at the same price that would be provided to the general public;
497 (iii) an individual;
498 (iv) individuals who are related and who make contributions from a joint checking
499 account;
500 (v) a corporation, except a corporation a major purpose of which is to act as a political
501 action committee; or
502 (vi) a personal campaign committee.
503 (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
504 by another person on behalf of and with the knowledge of the reporting entity, to provide
505 political advice to the reporting entity.
506 (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
507 where the person:
508 (i) has already been paid, with money or other consideration;
509 (ii) expects to be paid in the future, with money or other consideration; or
510 (iii) understands that the person may, in the discretion of the reporting entity or another
511 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
512 money or other consideration.
513 (36) "Political convention" means a county or state political convention held by a
514 registered political party to select candidates.
515 (37) (a) "Political issues committee" means an entity, or any group of individuals or
516 entities within or outside this state, a major purpose of which is to:
517 (i) solicit or receive donations from any other person, group, or entity to assist in
518 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
519 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
520 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
521 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
522 proposed ballot proposition or an incorporation in an incorporation election; or
523 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
524 ballot or to assist in keeping a ballot proposition off the ballot.
525 (b) "Political issues committee" does not mean:
526 (i) a registered political party or a party committee;
527 (ii) any entity that provides goods or services to an individual or committee in the
528 regular course of its business at the same price that would be provided to the general public;
529 (iii) an individual;
530 (iv) individuals who are related and who make contributions from a joint checking
531 account;
532 (v) a corporation, except a corporation a major purpose of which is to act as a political
533 issues committee; or
534 (vi) a group of individuals who:
535 (A) associate together for the purpose of challenging or supporting a single ballot
536 proposition, ordinance, or other governmental action by a county, city, town, local district,
537 special service district, or other local political subdivision of the state;
538 (B) have a common liberty, property, or financial interest that is directly impacted by
539 the ballot proposition, ordinance, or other governmental action;
540 (C) do not associate together, for the purpose described in Subsection (37)(b)(vi)(A),
541 via a legal entity;
542 (D) do not receive funds for challenging or supporting the ballot proposition,
543 ordinance, or other governmental action from a person other than an individual in the group;
544 and
545 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
546 (37)(b)(vi)(A).
547 (38) (a) "Political issues contribution" means any of the following:
548 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
549 anything of value given to a political issues committee;
550 (ii) an express, legally enforceable contract, promise, or agreement to make a political
551 issues donation to influence the approval or defeat of any ballot proposition;
552 (iii) any transfer of funds received by a political issues committee from a reporting
553 entity;
554 (iv) compensation paid by another reporting entity for personal services rendered
555 without charge to a political issues committee; and
556 (v) goods or services provided to or for the benefit of a political issues committee at
557 less than fair market value.
558 (b) "Political issues contribution" does not include:
559 (i) services provided without compensation by individuals volunteering a portion or all
560 of their time on behalf of a political issues committee; or
561 (ii) money lent to a political issues committee by a financial institution in the ordinary
562 course of business.
563 (39) (a) "Political issues expenditure" means any of the following when made by a
564 political issues committee or on behalf of a political issues committee by an agent of the
565 reporting entity:
566 (i) any payment from political issues contributions made for the purpose of influencing
567 the approval or the defeat of:
568 (A) a ballot proposition; or
569 (B) an incorporation petition or incorporation election;
570 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
571 the express purpose of influencing the approval or the defeat of:
572 (A) a ballot proposition; or
573 (B) an incorporation petition or incorporation election;
574 (iii) an express, legally enforceable contract, promise, or agreement to make any
575 political issues expenditure;
576 (iv) compensation paid by a reporting entity for personal services rendered by a person
577 without charge to a political issues committee; or
578 (v) goods or services provided to or for the benefit of another reporting entity at less
579 than fair market value.
580 (b) "Political issues expenditure" does not include:
581 (i) services provided without compensation by individuals volunteering a portion or all
582 of their time on behalf of a political issues committee; or
583 (ii) money lent to a political issues committee by a financial institution in the ordinary
584 course of business.
585 (40) "Political purposes" means an act done with the intent or in a way to influence or
586 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
587 against any:
588 (a) candidate or a person seeking a municipal or county office at any caucus, political
589 convention, or election; or
590 (b) judge standing for retention at any election.
591 (41) (a) "Poll" means the survey of a person regarding the person's opinion or
592 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
593 ballot proposition that has legally qualified for placement on the ballot, [
594 conducted in person or by telephone, facsimile, Internet, postal mail, or email.
595 (b) "Poll" does not include:
596 (i) a ballot; or
597 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
598 (A) the focus group consists of more than three, and less than thirteen, individuals; and
599 (B) all individuals in the focus group are present during the interview.
600 (42) "Primary election" means any regular primary election held under the election
601 laws.
602 (43) "Publicly identified class of individuals" means a group of 50 or more individuals
603 sharing a common occupation, interest, or association that contribute to a political action
604 committee or political issues committee and whose names can be obtained by contacting the
605 political action committee or political issues committee upon whose financial statement the
606 individuals are listed.
607 (44) "Public office" means the office of governor, lieutenant governor, state auditor,
608 state treasurer, attorney general, [
609 representative, speaker of the House of Representatives, president of the Senate, and the leader,
610 whip, and assistant whip of any party caucus in either house of the Legislature.
611 (45) (a) "Public service assistance" means the following when given or provided to an
612 officeholder to defray the costs of functioning in a public office or aid the officeholder to
613 communicate with the officeholder's constituents:
614 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
615 money or anything of value to an officeholder; or
616 (ii) goods or services provided at less than fair market value to or for the benefit of the
617 officeholder.
618 (b) "Public service assistance" does not include:
619 (i) anything provided by the state;
620 (ii) services provided without compensation by individuals volunteering a portion or all
621 of their time on behalf of an officeholder;
622 (iii) money lent to an officeholder by a financial institution in the ordinary course of
623 business;
624 (iv) news coverage or any publication by the news media; or
625 (v) any article, story, or other coverage as part of any regular publication of any
626 organization unless substantially all the publication is devoted to information about the
627 officeholder.
628 (46) "Receipts" means contributions and public service assistance.
629 (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
630 Lobbyist Disclosure and Regulation Act.
631 (48) "Registered political action committee" means any political action committee that
632 is required by this chapter to file a statement of organization with the Office of the Lieutenant
633 Governor.
634 (49) "Registered political issues committee" means any political issues committee that
635 is required by this chapter to file a statement of organization with the Office of the Lieutenant
636 Governor.
637 (50) "Registered political party" means an organization of voters that:
638 (a) participated in the last regular general election and polled a total vote equal to 2%
639 or more of the total votes cast for all candidates for the United States House of Representatives
640 for any of its candidates for any office; or
641 (b) has complied with the petition and organizing procedures of Chapter 8, Political
642 Party Formation and Procedures.
643 (51) (a) "Remuneration" means a payment:
644 (i) made to a legislator for the period the Legislature is in session; and
645 (ii) that is approximately equivalent to an amount a legislator would have earned
646 during the period the Legislature is in session in the legislator's ordinary course of business.
647 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
648 (i) the legislator's primary employer in the ordinary course of business; or
649 (ii) a person or entity in the ordinary course of business:
650 (A) because of the legislator's ownership interest in the entity; or
651 (B) for services rendered by the legislator on behalf of the person or entity.
652 (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
653 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
654 action committee, a political issues committee, a corporation, or a labor organization, as
655 defined in Section 20A-11-1501.
656 [
657 [
658 tangible or intangible asset that comprises the contribution.
659 (b) "Source" means, for political action committees and corporations, the political
660 action committee and the corporation as entities, not the contributors to the political action
661 committee or the owners or shareholders of the corporation.
662 [
663 general, state auditor, and state treasurer.
664 [
665 (a) files a declaration of candidacy for a state office; or
666 (b) receives contributions, makes expenditures, or gives consent for any other person to
667 receive contributions or make expenditures to bring about the person's nomination, election, or
668 appointment to a state office.
669 [
670 reporting entity's contributions and expenditures.
671 [
672 allocate expenditures from a political issues committee.
673 Section 6. Section 20A-11-402 is amended to read:
674 20A-11-402. Officeholder financial reporting requirements -- Termination of
675 duty to report.
676 (1) An officeholder is active and subject to reporting requirements until the
677 officeholder has filed a statement of dissolution with the lieutenant governor stating that:
678 (a) the officeholder is no longer receiving contributions or public service assistance and
679 is no longer making expenditures;
680 (b) the ending balance on the last summary report filed is zero and the balance in the
681 separate bank account required by Section 20A-11-201[
682 zero; and
683 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
684 balance is attached to the statement of dissolution.
685 (2) A statement of dissolution and a final summary report may be filed at any time.
686 (3) Each officeholder shall continue to file the year-end summary report required by
687 Section 20A-11-401 until the statement of dissolution and final summary report required by
688 this section are filed with the lieutenant governor.
689 (4) An officeholder may not use a contribution deposited in an account in accordance
690 with this chapter for:
691 (a) a personal use expenditure; or
692 (b) an expenditure prohibited by law.
693 (5) (a) Except as provided in Subsection (5)(b), a person who is no longer an
694 officeholder may not expend or transfer the money in a campaign account in a manner that
695 would cause the former officeholder to recognize the money as taxable income under federal
696 tax law.
697 (b) A person who is no longer an officeholder may transfer the money in a campaign
698 account in a manner that would cause the former officeholder to recognize the money as
699 taxable income under federal tax law if the transfer is made to a campaign account for federal
700 office.
701 Section 7. Section 20A-11-403 is amended to read:
702 20A-11-403. Failure to file -- Penalties.
703 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
704 governor shall review each filed summary report to ensure that:
705 (a) each officeholder that is required to file a summary report has filed one; and
706 (b) each summary report contains the information required by this part.
707 (2) If it appears that any officeholder has failed to file the summary report required by
708 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
709 governor has received a written complaint alleging a violation of the law or the falsity of any
710 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
711 violation has occurred:
712 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
713 (b) within five days of discovery of a violation or receipt of a written complaint, notify
714 the officeholder of the violation or written complaint and direct the officeholder to file a
715 summary report correcting the problem.
716 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
717 within seven days after receiving notice from the lieutenant governor under this section.
718 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
719 misdemeanor.
720 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
721 attorney general.
722 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
723 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
724 (3)(a).
725 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
726 under Subsection 20A-11-204(1)(c)[
727 lieutenant governor shall review each filed interim report to ensure that each interim report
728 contains the information required for the report.
729 (5) If it appears that any officeholder has failed to file an interim report required by
730 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
731 governor has received a written complaint alleging a violation of the law or the falsity of any
732 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
733 violation has occurred:
734 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
735 (b) within five days after the day on which the violation is discovered or a written
736 complaint is received, notify the officeholder of the violation or written complaint and direct
737 the officeholder to file an interim report correcting the problem.
738 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
739 within seven days after the day on which the officeholder receives notice from the lieutenant
740 governor under this section.
741 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
742 misdemeanor.
743 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
744 attorney general.
745 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
746 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
747 (6)(a).
748 Section 8. Section 20A-11-1202 is amended to read:
749 20A-11-1202. Definitions.
750 As used in this part:
751 (1) "Applicable election officer" means:
752 (a) a county clerk, if the email relates only to a local election; or
753 (b) the lieutenant governor, if the email relates to an election other than a local
754 election.
755 (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
756 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
757 the voters for their approval or rejection.
758 (3) "Campaign contribution" means any of the following when done for a political
759 purpose or to advocate for or against a ballot proposition:
760 (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
761 given to a filing entity;
762 (b) an express, legally enforceable contract, promise, or agreement to make a gift,
763 subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
764 of value to a filing entity;
765 (c) any transfer of funds from another reporting entity to a filing entity;
766 (d) compensation paid by any person or reporting entity other than the filing entity for
767 personal services provided without charge to the filing entity;
768 (e) remuneration from:
769 (i) any organization or the organization's directly affiliated organization that has a
770 registered lobbyist; or
771 (ii) any agency or subdivision of the state, including a school district; or
772 (f) an in-kind contribution.
773 (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
774 agency that receives its revenues from conduct of its commercial operations.
775 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
776 cooperation agency that receives some or all of its revenues from:
777 (i) government appropriations;
778 (ii) taxes;
779 (iii) government fees imposed for regulatory or revenue raising purposes; or
780 (iv) interest earned on public funds or other returns on investment of public funds.
781 (5) "Expenditure" means:
782 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
783 or anything of value;
784 (b) an express, legally enforceable contract, promise, or agreement to make any
785 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
786 value;
787 (c) a transfer of funds between a public entity and a candidate's personal campaign
788 committee;
789 (d) a transfer of funds between a public entity and a political issues committee; or
790 (e) goods or services provided to or for the benefit of a candidate, a candidate's
791 personal campaign committee, or a political issues committee for political purposes at less than
792 fair market value.
793 (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
794 (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
795 agency that receives some or all of its revenues from:
796 (a) government appropriations;
797 (b) taxes;
798 (c) government fees imposed for regulatory or revenue raising purposes; or
799 (d) interest earned on public funds or other returns on investment of public funds.
800 (8) (a) "Influence" means to campaign or advocate for or against a ballot proposition.
801 (b) "Influence" does not mean providing a brief statement about a public entity's
802 position on a ballot proposition and the reason for that position.
803 (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
804 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
805 (10) "Local district" means an entity under Title 17B, Limited Purpose Local
806 Government Entities - Local Districts, and includes a special service district under Title 17D,
807 Chapter 1, Special Service District Act.
808 (11) "Political purposes" means an act done with the intent or in a way to influence or
809 intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
810 against any:
811 (a) candidate for public office at any caucus, political convention, primary, or election;
812 or
813 (b) judge standing for retention at any election.
814 (12) (a) "Public entity" includes the state, each state agency, each county, municipality,
815 school district, local district, governmental interlocal cooperation agency, and each
816 administrative subunit of each of them.
817 (b) "Public entity" does not include a commercial interlocal cooperation agency.
818 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
819 Department of Health Organization.
820 (13) (a) "Public funds" means any money received by a public entity from
821 appropriations, taxes, fees, interest, or other returns on investment.
822 (b) "Public funds" does not include money donated to a public entity by a person or
823 entity.
824 (14) (a) "Public official" means an elected or appointed member of government with
825 authority to make or determine public policy.
826 (b) "Public official" includes the person or group that:
827 (i) has supervisory authority over the personnel and affairs of a public entity; and
828 (ii) approves the expenditure of funds for the public entity.
829 (15) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
830 (16) (a) "State agency" means each department, commission, board, council, agency,
831 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
832 unit, bureau, panel, or other administrative unit of the state.
833 (b) "State agency" includes the legislative branch, the State Board of Education, the
834 Board of Regents, the institutional councils of each higher education institution, and each
835 higher education institution.
836 Section 9. Section 53E-3-102 is enacted to read:
837 53E-3-102. Definitions.
838 As used in this part, "board" means the State Board of Education.
839 Section 10. Section 53E-3-201 is amended to read:
840 53E-3-201. State Board of Education members -- Selection or removal of officers.
841 (1) Members of the State Board of Education [
842 appointed as provided in [
843
844 (2) The State Board of Education shall elect from [
845 chair[
846 at a meeting held [
847 than January 15.
848 [
849
850
851 [
852
853 [
854 [
855 [
856
857 (4) The board may remove an individual from the position of chair, vice chair, or
858 secretary for cause by a vote of two-thirds of the board.
859 (5) The board may, by majority vote, select an individual to replace an individual
860 removed from a position described in Subsection (4).
861 Section 11. Section 53E-3-205 is enacted to read:
862 53E-3-205. State Board of Education -- Transition -- Selection of members --
863 Terms -- Vacancies -- Removal.
864 (1) (a) A member of the board, as constituted on January 1, 2021, may continue to
865 serve on the board until the member's term ends.
866 (b) When the number of board members drops below nine, the governor shall appoint a
867 board member, with the consent of the Senate and in accordance with Subsection (2), to bring
868 the number of board members to nine.
869 (c) The governor shall continue to appoint board members under Subsection (1)(b)
870 until the board consists of the members described in Subsection (2), in the following order:
871 (i) first, the member described in Subsection (2)(a);
872 (ii) second, the members described in Subsection (2)(b); and
873 (iii) third, the members described in Subsection (2)(c).
874 (2) At the completion of the transition process described in Subsection (1), the State
875 Board of Education will consist of nine members, appointed by the governor with the consent
876 of the Senate, as follows:
877 (a) one member representing charter schools;
878 (b) four at-large members; and
879 (c) four members, each representing one of the four congressional districts.
880 (3) (a) Except as provided in Subsection (3)(b), the term of a board member described
881 in Subsection (2) is six years.
882 (b) The governor may reduce the initial term of a board member described in
883 Subsection (2) to ensure that the term for three members of the board begins every two years.
884 (c) Except as provided in Subsection (3)(d), an individual may not serve more than two
885 consecutive six-year terms on the board.
886 (d) An individual appointed to serve an initial term of less than six years may serve that
887 term consecutively with two, subsequent, six-year terms.
888 (4) A board member may not, during the member's term of office, also serve as an
889 employee of the State Board of Education or as a member of a local school board.
890 (5) If, after the board consists of the nine members described in Subsection (2), a
891 vacancy occurs in the office of State Board of Education member before the end of the
892 member's term, the governor shall:
893 (a) with the consent of the Senate, appoint an individual to fill the vacancy with an
894 individual who meets the same requirements described in Subsection (2) as the individual
895 being replaced; and
896 (b) appoint the individual who fills the vacancy to fill the remainder of the term of the
897 individual being replaced.
898 (6) The governor may, with the consent of the Senate, remove a member of the board
899 for cause.
900 Section 12. Repealer.
901 This bill repeals:
902 Section 20A-11-1301, School board office candidate -- Campaign finance
903 requirements -- Candidate as a political action committee officer -- No personal use --
904 Contribution reporting deadline -- Report other accounts -- Anonymous contributions.
905 Section 20A-11-1302, School board office candidate -- Financial reporting
906 requirements -- Year-end summary report.
907 Section 20A-11-1303, School board office candidate and school board officeholder
908 -- Financial reporting requirements -- Interim reports.
909 Section 20A-11-1304, School board office candidate -- Financial reporting
910 requirements -- Termination of duty to report.
911 Section 20A-11-1305, School board office candidate -- Failure to file statement --
912 Penalties.
913 Section 20A-14-101.1, Definitions.
914 Section 20A-14-101.5, State Board of Education -- Number of members -- State
915 Board of Education district boundaries.
916 Section 20A-14-102, State Board of Education districts.
917 Section 20A-14-102.1, Omissions from maps -- How resolved.
918 Section 20A-14-102.2, Uncertain boundaries -- How resolved.
919 Section 20A-14-102.3, County clerk, Automated Geographic Reference Center,
920 and lieutenant governor responsibilities -- Maps and voting precinct boundaries.
921 Section 20A-14-103, State Board of Education members -- Term -- Requirements.
922 Section 20A-14-104.1, State Board of Education -- Declaration of candidacy.
923 Section 13. Contingent effective date.
924 This bill takes effect on January 1, 2021, if the amendment to the Utah Constitution
925 proposed by H.J.R. 13, Proposal to Amend Utah Constitution - State Board of Education, 2019
926 General Session, passes the Legislature and is approved by a majority of those voting on the
927 proposed amendment at the 2020 regular general election.