1     
STATE BOARD OF EDUCATION REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: ____________

6     

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          [(J) Title 20A, Chapter 11, Part 13, State School Board Candidates; and]
85          [(K)] (J) Title 20A, Chapter 12, Part 3, Campaign and Financial Reporting
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, [or State Board of Education member,] the vacancy shall be filled for
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[: (i)]
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[; or].
100          [(ii) for a State Board of Education vacancy, if the individual who is being replaced:]
101          [(A) was elected at a nonpartisan State Board of Education election, by appointing,
102     with the consent of the Senate, an individual who meets the qualifications and residency
103     requirements for filling the vacancy described in Section 20A-14-103;]
104          [(B) was elected at a partisan State Board of Education election, but is not a member of
105     a political party, by appointing, with the consent of the Senate, an individual who meets the
106     qualifications and residency requirements for filling the vacancy described in Section
107     20A-14-103; or]
108          [(C) was elected at a partisan State Board of Education election, and is a member of a
109     political party, by appointing an individual who meets the qualifications for the office from
110     three persons nominated by the state central committee of the same political party as the prior
111     officeholder.]
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; [and]
162          [(vii) State Board of Education member;]
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
265          [(v) for a State Board of Education race, the lesser of:]
266          [(A) 2,000 signatures of registered voters who are residents of the State Board of
267     Education district and are permitted by the qualified political party to vote for the qualified
268     political party's candidates in a primary election; or]
269          [(B) 3% of the registered voters of the qualified political party who are residents of the
270     applicable State Board of Education district; and]
271          [(vi)] (v) for a county office race, signatures of 3% of the registered voters who are
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, [state school board candidates,] judges, and labor organizations, as defined in
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 [any person] an individual to refrain
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, [which] that is
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, [state school board member,] state senator, state
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          [(53) "School board office" means the office of state school board.]
657          [(54)] (53) (a) "Source" means the person or entity that is the legal owner of the
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          [(55)] (54) "State office" means the offices of governor, lieutenant governor, attorney
663     general, state auditor, and state treasurer.
664          [(56)] (55) "State office candidate" means a person who:
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          [(57)] (56) "Summary report" means the year end report containing the summary of a
670     reporting entity's contributions and expenditures.
671          [(58)] (57) "Supervisory board" means the individual or group of individuals that
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[,] or 20A-11-301[, or 20A-11-1301] is
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)[,] or 20A-11-303(1)(c), [or 20A-11-1303(1)(d),] the
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 [shall be nominated and elected] are
842     appointed as provided in [Title 20A, Chapter 14, Nomination and Election of State and Local
843     School Boards] Section 53E-3-205.
844          (2) The State Board of Education shall elect from [its] among the board's members a
845     chair[, and at least one] and a vice chair[, but no more than three vice chairs,] every other year
846     at a meeting held [any time between November 15 and] no sooner than January 1 and no later
847     than January 15.
848          [(3) (a) If the election of officers is held subsequent to the election of a new member of
849     the board, but prior to the time that the new member takes office, the new member shall
850     assume the position of the outgoing member for purposes of the election of officers.]
851          [(b) In all other matters the outgoing member shall retain the full authority of the office
852     until replaced as provided by law.]
853          [(4) The duties of these officers shall be determined by the board.]
854          [(5)] (3) The board shall appoint a secretary who serves at the pleasure of the board.
855          [(6) An officer appointed or elected by the board under this section may be removed
856     from office]
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.