Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 186 Fifth Substitute (2015GS)

Sponsor

Rep. Gibson, F.

Final action

House/ filed 3/12/2015

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• repeals the nominating and recruiting committee, and related provisions, for selecting candidates for the office of State Board of Education member;
• provides that an individual may be placed on the ballot as a nonpartisan candidate for the office of State Board of Education member by filing a declaration of candidacy, obtaining signatures, and complying with other provisions described in this bill;
• describes the election process and related provisions for a State Board of Education member;
• removes the nonvoting members from the State Board of Education; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE SCHOOL BOARD MEMBERSHIP AND ELECTION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions of the Election Code and Title 53A, State System of Public
Education, to change the membership of, and the process for election of members of,
the State Board of Education.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ repeals the nominating and recruiting committee, and related provisions, for
selecting candidates for the office of State Board of Education member;
▸ provides that an individual may be placed on the ballot as a nonpartisan candidate
for the office of State Board of Education member by filing a declaration of
candidacy, obtaining signatures, and complying with other provisions described in
this bill;
▸ describes the election process and related provisions for a State Board of Education
member;
▸ removes the nonvoting members from the State Board of Education; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
20A-1-507
, as enacted by Laws of Utah 1993, Chapter 1
20A-6-301
, as last amended by Laws of Utah 2014, Chapters 17 and 169
20A-6-302
, as last amended by Laws of Utah 2014, Chapter 17
20A-6-303
, as last amended by Laws of Utah 2014, Chapter 17
20A-6-304
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-201
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-202
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-403
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-407
, as enacted by Laws of Utah 2014, Chapter 17
20A-9-408
, as enacted by Laws of Utah 2014, Chapter 17
20A-9-701
, as last amended by Laws of Utah 2014, Chapter 17
20A-11-1005
, as last amended by Laws of Utah 2013, Chapter 252
20A-14-101.1
, as last amended by Laws of Utah 2013, Chapter 455
20A-14-103
, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
53A-1-101
, as last amended by Laws of Utah 2010, Chapter 162
ENACTS:
20A-14-103.5
, Utah Code Annotated 1953
20A-14-103.6
, Utah Code Annotated 1953
REPEALS:
20A-14-104
, as last amended by Laws of Utah 2004, Chapter 19
20A-14-105
, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
amended by Coordination Clause, Laws of Utah 2011, Chapter 327
Utah Code Sections Affected by Revisor Instructions:
53A-1a-506
, Utah Code Annotated 1953
53A-1a-506.5
, Utah Code Annotated 1953
53A-2-119
, Utah Code Annotated 1953
53A-3-101
, as repealed and reenacted by Laws of Utah 1995, Chapter 1
53A-11-102.5
, Utah Code Annotated 1953
53A-15-1202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-507
 is amended to read:
20A-1-507.
Midterm vacancies in the State Board of Education.
(1) If a vacancy occurs on the State Board of Education for any reason other than the
expiration of a member's term, the governor, with the consent of the Senate, shall 
appoint an
individual to
 fill the vacancy [
by appointment of a qualified member to serve out
] 
for
 the
unexpired term.
(2) The lieutenant governor shall issue a certificate of appointment to the appointed
member and certify the appointment to the board.
Section 2. Section 
20A-6-301
 is amended to read:
20A-6-301.
Paper ballots -- Regular general election.
(1) Each election officer shall ensure that:
(a) all paper ballots furnished for use at the regular general election contain:
(i) no captions or other endorsements except as provided in this section;
(ii) no symbols, markings, or other descriptions of a political party or group, except for
a registered political party that has chosen to nominate its candidates in accordance with
Section 
20A-9-403
; and
(iii) no indication that a candidate for elective office has been nominated by, or has
been endorsed by, or is in any way affiliated with a political party or group, unless the
candidate has been nominated by a registered political party in accordance with Subsection
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5).
(b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
top of the ballot, and divided from the rest of ballot by a perforated line;
(ii) the ballot number and the words "Poll Worker's Initial ____" are printed on the
stub; and
(iii) ballot stubs are numbered consecutively;
(c) immediately below the perforated ballot stub, the following endorsements are
printed in 18 point bold type:
(i) "Official Ballot for ____ County, Utah";
(ii) the date of the election; and
(iii) a facsimile of the signature of the county clerk and the words "county clerk";
(d) each ticket is placed in a separate column on the ballot in the order specified under
Section 
20A-6-305
 with the party emblem, followed by the party name, at the head of the
column;
(e) the party name or title is printed in capital letters not less than one-fourth of an inch
high;
(f) a circle one-half inch in diameter is printed immediately below the party name or
title, and the top of the circle is placed not less than two inches below the perforated line;
(g) unaffiliated candidates, candidates not affiliated with a registered political party,
and all other candidates for elective office who were not nominated by a registered political
party in accordance with Subsection 
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5), are listed
in one column in the order specified under Section 
20A-6-305
, without a party circle, with the
following instructions printed at the head of the column: "All candidates not affiliated with a
political party are listed below. They are to be considered with all offices and candidates listed
to the left. Only one vote is allowed for each office.";
(h) the columns containing the lists of candidates, including the party name and device,
are separated by heavy parallel lines;
(i) the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(j) the names of candidates are printed in capital letters, not less than one-eighth nor
more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
lines or rules three-eighths of an inch apart;
(k) a square with sides measuring not less than one-fourth of an inch in length is
printed immediately adjacent to the name of each candidate;
(l) for the offices of president and vice president and governor and lieutenant governor,
one square with sides measuring not less than one-fourth of an inch in length is printed on the
same side as but opposite a double bracket enclosing the names of the two candidates;
(m) in an election in which a voter is authorized to cast a write-in vote and where a
write-in candidate is qualified under Section 
20A-9-601
, immediately adjacent to the
unaffiliated ticket on the ballot, the ballot contains a write-in column long enough to contain as
many written names of candidates as there are persons to be elected with:
(i) for each office on the ballot, the office to be filled plainly printed immediately
above:
(A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
square with sides measuring not less than one-fourth of an inch in length printed immediately
adjacent to the blank horizontal line; or
(B) for the offices of president and vice president and governor and lieutenant
governor, two blank horizontal lines, one placed above the other, to enable the entry of two
valid write-in candidates, and one square with sides measuring not less than one-fourth of an
inch in length printed on the same side as but opposite a double bracket enclosing the two
blank horizontal lines; and
(ii) the words "Write-In Voting Column" printed at the head of the column without a
one-half inch circle;
(n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
to the write-in ticket, or, if there is no write-in ticket, immediately adjacent to the unaffiliated
ticket, with the word "NONPARTISAN" in reverse type in an 18 point solid rule running
vertically the full length of the nonpartisan ballot copy; and
(o) constitutional amendments or other questions submitted to the vote of the people,
are printed on the ballot after the list of candidates.
(2) Each election officer shall ensure that:
(a) each person nominated by any registered political party under Subsection
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5), and no other person, is placed on the ballot:
(i) under the registered political party's name and emblem, if any; or
(ii) under the title of the registered political party as designated by them in their
certificates of nomination or petition, or, if none is designated, then under some suitable title;
(b) the names of all unaffiliated candidates that qualify as required in Title 20A,
Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
(c) the names of the candidates for president and vice president are used on the ballot
instead of the names of the presidential electors; and
(d) the ballots contain no other names.
(3) When the ballot contains a nonpartisan section, the election officer shall ensure
that:
(a) the designation of the office to be filled in the election and the number of
candidates to be elected are printed in type not smaller than eight point;
(b) the words designating the office are printed flush with the left-hand margin;
(c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
which the voter may vote)" extend to the extreme right of the column;
(d) the nonpartisan candidates are grouped according to the office for which they are
candidates;
(e) the names in each group are placed in the order specified under Section 
20A-6-305
with the surnames last; and
(f) each group is preceded by the designation of the office for which the candidates
seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)," according to the number to be elected.
(4) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed on the ballot in
accordance with Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are listed on the ballot in accordance
with Section 
20A-6-107
; and
(c) bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section 
11-14-206
.
Section 3. Section 
20A-6-302
 is amended to read:
20A-6-302.
Paper ballots -- Placement of candidates' names.
(1) Each election officer shall ensure, for paper ballots in regular general elections,
that:
(a) each candidate is listed by party, if nominated by a registered political party under
Subsection 
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5);
(b) candidates' surnames are listed in alphabetical order on the ballots when two or
more candidates' names are required to be listed on a ticket under the title of an office; and
(c) the names of candidates are placed on the ballot in the order specified under Section
20A-6-305
.
(2) (a) When there is only one candidate for county attorney at the regular general
election in counties that have three or fewer registered voters of the county who are licensed
active members in good standing of the Utah State Bar, the county clerk shall cause that
candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
with the following question: "Shall (name of candidate) be elected to the office of county
attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of county attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the end of the
term resulting from any prior election or appointment.
(d) When the name of only one candidate for county attorney is printed on the ballot
under authority of this Subsection (2), the county clerk may not count any write-in votes
received for the office of county attorney.
(e) If no qualified person files for the office of county attorney or if the candidate is not
elected by the voters, the county legislative body shall appoint the county attorney as provided
in Section 
20A-1-509.2
.
(f) If the candidate whose name would, except for this Subsection (2)(f), be placed on
the ballot under Subsection (2)(a) has been elected on a ballot under Subsection (2)(a) to the
two consecutive terms immediately preceding the term for which the candidate is seeking
election, Subsection (2)(a) does not apply and that candidate shall be considered to be an
unopposed candidate the same as any other unopposed candidate for another office, unless a
petition is filed with the county clerk before the date of that year's primary election that:
(i) requests the procedure set forth in Subsection (2)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number at
least 25% of all votes cast in the county for all candidates for governor at the last election at
which a governor was elected.
(3) (a) When there is only one candidate for district attorney at the regular general
election in a prosecution district that has three or fewer registered voters of the district who are
licensed active members in good standing of the Utah State Bar, the county clerk shall cause
that candidate's name and party affiliation, if any, to be placed on a separate section of the
ballot with the following question: "Shall (name of candidate) be elected to the office of district
attorney? Yes ____ No ____."
(b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
elected to the office of district attorney.
(c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
elected and may not take office, nor may the candidate continue in the office past the end of the
term resulting from any prior election or appointment.
(d) When the name of only one candidate for district attorney is printed on the ballot
under authority of this Subsection (3), the county clerk may not count any write-in votes
received for the office of district attorney.
(e) If no qualified person files for the office of district attorney, or if the only candidate
is not elected by the voters under this subsection, the county legislative body shall appoint a
new district attorney for a four-year term as provided in Section 
20A-1-509.2
.
(f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
two consecutive terms immediately preceding the term for which the candidate is seeking
election, Subsection (3)(a) does not apply and that candidate shall be considered to be an
unopposed candidate the same as any other unopposed candidate for another office, unless a
petition is filed with the county clerk before the date of that year's primary election that:
(i) requests the procedure set forth in Subsection (3)(a) to be followed; and
(ii) contains the signatures of registered voters in the county representing in number at
least 25% of all votes cast in the county for all candidates for governor at the last election at
which a governor was elected.
Section 4. Section 
20A-6-303
 is amended to read:
20A-6-303.
Regular general election -- Ballot sheets.
(1) Each election officer shall ensure that:
(a) copy on the ballot sheets or ballot labels, as applicable, are arranged in
approximately the same order as paper ballots;
(b) the titles of offices and the names of candidates are printed in vertical columns or in
a series of separate pages;
(c) the ballot sheet or any pages used for the ballot label are of sufficient number to
include, after the list of candidates:
(i) the names of candidates for judicial offices and any other nonpartisan offices; and
(ii) any ballot propositions submitted to the voters for their approval or rejection;
(d) (i) a voting square or position is included where the voter may record a straight
party ticket vote for all the candidates of one party by one mark or punch; and
(ii) the name of each political party listed in the straight party selection area includes
the word "party" at the end of the party's name;
(e) the tickets are printed in the order specified under Section 
20A-6-305
;
(f) the office titles are printed immediately adjacent to the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
(g) the party designation of each candidate who has been nominated by a registered
political party under Subsection 
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5) is printed
immediately adjacent to the candidate's name; and
(h) (i) if possible, all candidates for one office are grouped in one column or upon one
page;
(ii) if all candidates for one office cannot be listed in one column or grouped on one
page:
(A) the ballot sheet or ballot label shall be clearly marked to indicate that the list of
candidates is continued on the following column or page; and
(B) approximately the same number of names shall be printed in each column or on
each page.
(2) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed in accordance with
Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are listed in accordance with Section
20A-6-107
; and
(c) bond propositions that have qualified for the ballot are listed under the title
assigned to each bond proposition under Section 
11-14-206
.
Section 5. Section 
20A-6-304
 is amended to read:
20A-6-304.
Regular general election -- Electronic ballots.
(1) Each election officer shall ensure that:
(a) the format and content of the electronic ballot is arranged in approximately the
same order as paper ballots;
(b) the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate display screens;
(c) the electronic ballot is of sufficient length to include, after the list of candidates:
(i) the names of candidates for judicial offices and any other nonpartisan offices; and
(ii) any ballot propositions submitted to the voters for their approval or rejection;
(d) (i) a voting square or position is included where the voter may record a straight
party ticket vote for all the candidates of one party by making a single selection; and
(ii) the name of each political party listed in the straight party selection area includes
the word "party" at the end of the party's name;
(e) the tickets are displayed in the order specified under Section 
20A-6-305
;
(f) the office titles are displayed above or at the side of the names of candidates so as to
indicate clearly the candidates for each office and the number to be elected;
(g) the party designation of each candidate who has been nominated by a registered
political party under Subsection 
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5) is displayed
adjacent to the candidate's name; and
(h) if possible, all candidates for one office are grouped in one column or upon one
display screen.
(2) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are displayed in accordance with
Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are displayed in accordance with Section
20A-6-107
; and
(c) bond propositions that have qualified for the ballot are displayed under the title
assigned to each bond proposition under Section 
11-14-206
.
Section 6. Section 
20A-9-201
 is amended to read:
20A-9-201.
Declarations of candidacy -- Candidacy for more than one office or of
more than one political party prohibited with exceptions -- General filing and form
requirements -- Affidavit of impecuniosity.
(1) Before filing a declaration of candidacy for election to any office, a person shall:
(a) be a United States citizen;
(b) meet the legal requirements of that office; and
(c) if seeking a registered political party's nomination as a candidate for elective office,
designate that registered political party as their preferred party affiliation on their declaration of
candidacy.
(2) (a) Except as provided in Subsection (2)(b), a person may not:
(i) file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year; or
(ii) appear on the ballot as the candidate of more than one political party.
(b) (i) A person may file a declaration of candidacy for, or be a candidate for, president
or vice president of the United States and another office, if the person resigns the person's
candidacy for the other office after the person is officially nominated for president or vice
president of the United States.
(ii) A person may file a declaration of candidacy for, or be a candidate for, more than
one justice court judge office.
(iii) A person may file a declaration of candidacy for lieutenant governor even if the
person filed a declaration of candidacy for another office in the same election year if the person
withdraws as a candidate for the other office in accordance with Subsection 
20A-9-202
[
(6)
]
(7)
before filing the declaration of candidacy for lieutenant governor.
(3) [
(a) (i)
] Except for presidential candidates, before the filing officer may accept any
declaration of candidacy, the filing officer shall:
[
(A)
] 
(a)
 read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
[
(B)
] 
(b)
 require the candidate to state whether or not the candidate meets those
requirements.
[
(ii)
] 
(4)
 Before accepting a declaration of candidacy for the office of county attorney,
the county clerk shall ensure that the person filing that declaration of candidacy is:
[
(A)
] 
(a)
 a United States citizen;
[
(B)
] 
(b)
 an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
[
(C)
] 
(c)
 a registered voter in the county in which the person is seeking office; and
[
(D)
] 
(d)
 a current resident of the county in which the person is seeking office and
either has been a resident of that county for at least one year or was appointed and is currently
serving as county attorney and became a resident of the county within 30 days after
appointment to the office.
[
(iii)
] 
(5)
 Before accepting a declaration of candidacy for the office of district attorney,
the county clerk shall ensure that, as of the date of the election, the person filing that
declaration of candidacy is:
[
(A)
] 
(a)
 a United States citizen;
[
(B)
] 
(b)
 an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
[
(C)
] 
(c)
 a registered voter in the prosecution district in which the person is seeking
office; and
[
(D)
] 
(d)
 a current resident of the prosecution district in which the person is seeking
office and either will have been a resident of that prosecution district for at least one year as of
the date of the election or was appointed and is currently serving as district attorney and
became a resident of the prosecution district within 30 days after receiving appointment to the
office.
[
(iv)
] 
(6)
 Before accepting a declaration of candidacy for the office of county sheriff,
the county clerk shall ensure that the person filing the declaration of candidacy:
[
(A)
] 
(a)
 as of the date of filing:
[
(I)
] 
(i)
 is a United States citizen;
[
(II)
] 
(ii)
 is a registered voter in the county in which the person seeks office;
[
(III) (Aa)
] 
(iii) (A)
 has successfully met the standards and training requirements
established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
Training and Certification Act; or
[
(Bb)
] 
(B)
 has met the waiver requirements in Section 
53-6-206
; and
[
(IV)
] 
(iv)
 is qualified to be certified as a law enforcement officer, as defined in
Section 
53-13-103
; and
[
(B)
] 
(b)
 as of the date of the election, shall have been a resident of the county in which
the person seeks office for at least one year.
[
(v)
] 
(7)
 Before accepting a declaration of candidacy for the office of governor,
lieutenant governor, state auditor, state treasurer, attorney general, state legislator, or State
Board of Education member, the filing officer shall ensure:
[
(A)
] 
(a)
 that the person filing the declaration of candidacy also files the financial
disclosure required by Section 
20A-11-1603
; and
[
(B)
] 
(b)
 if the filing officer is not the lieutenant governor, that the financial disclosure
is provided to the lieutenant governor according to the procedures and requirements of Section
20A-11-1603
.
[
(b)
] 
(8)
 If the prospective candidate states that the qualification requirements for the
office are not met, the filing officer may not accept the prospective candidate's declaration of
candidacy.
[
(c)
] 
(9)
 If the candidate meets the requirements of [
Subsection (3)(a)
] 
Subsections (3)
through (7)
 and states that the requirements of candidacy are met, the filing officer shall:
[
(i)
] 
(a)
 inform the candidate that:
[
(A)
] 
(i)
 the candidate's name will appear on the ballot as it is written on the
declaration of candidacy;
[
(B)
] 
(ii)
 the candidate may be required to comply with state or local campaign finance
disclosure laws; and
[
(C)
] 
(iii)
 the candidate is required to file a financial statement before the candidate's
political convention under:
[
(I)
] 
(A)
 Section 
20A-11-204
 for a candidate for constitutional office;
[
(II)
] 
(B)
 Section 
20A-11-303
 for a candidate for the Legislature; or
[
(III)
] 
(C)
 local campaign finance disclosure laws, if applicable;
[
(ii)
] 
(b)
 except for a presidential candidate, provide the candidate with a copy of the
current campaign financial disclosure laws for the office the candidate is seeking and inform
the candidate that failure to comply will result in disqualification as a candidate and removal of
the candidate's name from the ballot;
[
(iii)
] 
(c)
 provide the candidate with a copy of Section 
20A-7-801
 regarding the
Statewide Electronic Voter Information Website Program and inform the candidate of the
submission deadline under Subsection 
20A-7-801
(4)(a);
[
(iv)
] 
(d)
 provide the candidate with a copy of the pledge of fair campaign practices
described under Section 
20A-9-206
 and inform the candidate that:
[
(A)
] 
(i)
 signing the pledge is voluntary; and
[
(B)
] 
(ii)
 signed pledges shall be filed with the filing officer;
[
(v)
] 
(e)
 accept the candidate's declaration of candidacy; and
[
(vi)
] 
(f)
 if the candidate has filed for a partisan office, provide a certified copy of the
declaration of candidacy to the chair of the county or state political party of which the
candidate is a member.
[
(d)
] 
(10)
 If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
[
(i)
] 
(a)
 accept the candidate's pledge; and
[
(ii)
] 
(b)
 if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the candidate is a
member.
[
(4)
] 
(11)
 (a) Except for presidential candidates[
, the form of
] 
and candidates for a
nonpartisan office, the lieutenant governor shall create a form for
 the declaration of candidacy
[
shall be
] 
to read
 substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of the ____ party, which is my preferred political party affiliation. I do
solemnly swear that: I will meet the qualifications to hold the office, both legally and
constitutionally, if selected; I reside at _____________ in the City or Town of ____,
Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
campaigns and elections; I will file all campaign financial disclosure reports as required
by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address
that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath.)"
(b) An agent designated to file a declaration of candidacy under Section 
20A-9-202
may not sign the form described in Subsection [
(4)
] 
(11)
(a).
(12) (a) The lieutenant governor shall create a form for the declaration of candidacy for
a nonpartisan office to read substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____. I do solemnly
swear that: I will meet the qualifications to hold the office, both legally and
constitutionally, if selected; I reside at _____________ in the City or Town of ____,
Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
campaigns and elections; I will file all campaign financial disclosure reports as required
by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address
that I designate for receiving official election notices is
___________________________.
______________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath.)"
(b) An agent designated to file a declaration of candidacy under Section 
20A-9-202
may not sign the form described in Subsection (12)(a).
[
(5)
] 
(13)
 (a) Except for presidential candidates, the fee for filing a declaration of
candidacy is:
(i) $50 for candidates for the local school district board; and
(ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b) Except for presidential candidates, the filing officer shall refund the filing fee to
any candidate:
(i) who is disqualified; or
(ii) who the filing officer determines has filed improperly.
[
(c) (i)
] 
(14) (a)
 The county clerk shall immediately pay to the county treasurer all fees
received from candidates.
[
(ii)
] 
(b)
 The lieutenant governor shall:
[
(A)
] 
(i)
 apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
[
(B)
] 
(ii)
 ensure that each county receives that proportion of the total amount paid to
the lieutenant governor from the congressional district that the total vote of that county for all
candidates for representative in Congress bears to the total vote of all counties within the
congressional district for all candidates for representative in Congress.
[
(d) (i)
] 
(15) (a)
 A person who is unable to pay the filing fee may file a declaration of
candidacy without payment of the filing fee upon a prima facie showing of impecuniosity as
evidenced by an affidavit of impecuniosity filed with the filing officer and, if requested by the
filing officer, a financial statement filed at the time the affidavit is submitted.
[
(ii)
] 
(b)
 A person who is able to pay the filing fee may not claim impecuniosity.
[
(iii) (A)
] 
(c)
 False statements made on an affidavit of impecuniosity or a financial
statement filed under this section shall be subject to the criminal penalties provided under
Sections 
76-8-503
 and 
76-8-504
 and any other applicable criminal provision.
[
(B)
] 
(d)
 Conviction of a criminal offense under Subsection [
(5)(d)(iii)(A)
] 
(15)(c)
shall be considered an offense under this title for the purposes of assessing the penalties
provided in Subsection 
20A-1-609
(2).
[
(iv)
] 
(e)
 The filing officer shall ensure that the affidavit of impecuniosity is printed in
substantially the following form:
"Affidavit of Impecuniosity
Individual Name
____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
law.
Date ______________ Signature________________________________________________
Affiant
Subscribed and sworn to before me on ___________ (month\day\year)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath 
______________________"
[
(v)
] 
(f)
 The filing officer shall provide to a person who requests an affidavit of
impecuniosity a statement printed in substantially the following form, which may be included
on the affidavit of impecuniosity:
"Filing a false statement is a criminal offense. In accordance with Section 
20A-1-609
, a
candidate who is found guilty of filing a false statement, in addition to being subject to criminal
penalties, will be removed from the ballot."
[
(vi)
] 
(g)
 The filing officer may request that a person who makes a claim of
impecuniosity under this Subsection [
(5)(d)
] 
(15)
 file a financial statement on a form prepared
by the election official.
[
(6)
] 
(16)
 (a) If there is no legislative appropriation for the Western States Presidential
Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
president of the United States who is affiliated with a registered political party and chooses to
participate in the regular primary election shall:
(i) file a declaration of candidacy, in person or via a designated agent, with the
lieutenant governor:
(A) on a form developed and provided by the lieutenant governor; and
(B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
March before the next regular primary election;
(ii) identify the registered political party whose nomination the candidate is seeking;
(iii) provide a letter from the registered political party certifying that the candidate may
participate as a candidate for that party in that party's presidential primary election; and
(iv) pay the filing fee of $500.
(b) An agent designated to file a declaration of candidacy may not sign the form
described in Subsection [
(6)
] 
(16)
(a)(i)(A).
[
(7)
] 
(17)
 Any person who fails to file a declaration of candidacy or certificate of
nomination within the time provided in this chapter is ineligible for nomination to office.
[
(8) A
] 
(18) Except as provided in Subsection 
20A-9-202
(5)(c) or 
20A-14-103.5
(4)(c),
a person may not amend or modify a
 declaration of candidacy filed under this section [
may not
be amended or modified
] after the final date established for filing a declaration of candidacy.
Section 7. Section 
20A-9-202
 is amended to read:
20A-9-202.
Declarations of candidacy for regular general elections.
(1) [
(a) Each person seeking
] 
An individual who desires
 to become a candidate for an
elective office
, other than a State Board of Education office,
 that is to be filled at the next
regular general election shall:
[
(i)
] 
(a)
 file a declaration of candidacy in person with the filing officer
:
(i)
 on or after January 1 of the regular general election year[
,
] and before the candidate
circulates 
a
 nomination [
petitions
] 
petition
 under Section 
20A-9-405
; and
(ii) in accordance with the requirements of Section 
20A-9-201
; and
[
(ii)
] 
(b)
 pay the filing fee.
[
(b)
] 
(2) (a)
 Each county clerk who receives a declaration of candidacy from a
candidate for multicounty office shall transmit the filing fee and a copy of the candidate's
declaration of candidacy to the lieutenant governor within one working day after [
it is filed
] 
the
day on which the candidate files the declaration of candidacy
.
[
(c)
] 
(b)
 Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of candidates who have filed [
in their
] 
a declaration of
candidacy in the county clerk's
 office.
[
(d) Each person seeking
] 
(c) An individual who desires to become a candidate for
 the
office of lieutenant governor, the office of district attorney, or the office of president or vice
president of the United States shall comply with the specific declaration of candidacy
requirements [
established by
] 
described in
 this section.
[
(2)
] 
(3)
 (a) [
Each person intending
] 
An individual who desires
 to become a candidate
for the office of district attorney within a multicounty prosecution district that is to be filled at
the next regular general election shall:
(i) [
file a declaration of candidacy with the clerk designated in the interlocal agreement
creating the prosecution district
] on or after January 1 of the regular general election year, and
before the candidate circulates nomination petitions under Section 
20A-9-405
, file a
declaration of candidacy with the clerk designated in the interlocal agreement creating the
prosecution district
; and
(ii) pay the filing fee.
(b) The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the office of
district attorney.
[
(3)
] 
(4)
 (a) On or before 5 p.m. on the first Monday after the third Saturday in April,
each lieutenant governor candidate shall:
(i) file a declaration of candidacy with the lieutenant governor;
(ii) pay the filing fee; and
(iii) submit a letter from a candidate for governor who has received certification for the
primary-election ballot under Section 
20A-9-403
 that names the lieutenant governor candidate
as a joint-ticket running mate.
(b) Any candidate for lieutenant governor who fails to timely file is disqualified. If a
lieutenant governor is disqualified, another candidate shall file to replace the disqualified
candidate.
[
(4)
] 
(5)
 Each registered political party shall:
(a) certify the names of [
its
] 
the registered political party's
 candidates for president and
vice president of the United States to the lieutenant governor no later than August 31; or
(b) provide written authorization for the lieutenant governor to accept the certification
of candidates for president and vice president of the United States from the national office of
the registered political party.
[
(5)
] 
(6)
 (a) A declaration of candidacy filed under this section is valid unless 
an
individual files
 a written objection [
is filed
] with the clerk or lieutenant governor within five
days after the [
last day for filing
] 
day of the deadline for filing a declaration of candidacy
.
(b) If an [
objection is made
] 
individual files an objection
, the clerk or lieutenant
governor shall:
(i) 
immediately
 mail or personally deliver notice of the objection to the affected
candidate [
immediately
]; and
(ii) decide any objection within 48 hours after [
it
] 
the objection
 is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may
, if
possible,
 cure the problem by amending the declaration or 
nomination
 petition
, or by filing a
new declaration,
 within three days after the 
day on which the
 objection is sustained [
or by filing
a new declaration within three days after the objection is sustained
].
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of [
its
] discretion, agrees to review the lower court decision.
[
(6)
] 
(7)
 [
Any person who filed a declaration of candidacy
] 
A candidate
 may withdraw
as a candidate by filing a written affidavit with the clerk.
[
(7) Except as provided in Subsection 
20A-9-201
(4)(b), notwithstanding a requirement
in this section to file a declaration of candidacy in person, a person
]
(8) Subject to Subsection 
20A-9-201
(11)(b), an individual
 may designate an agent to
file the form described in Subsection 
20A-9-201
[
(4)
]
(11)
 in person with the filing officer if:
(a) the [
person
] 
individual
 is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the [
person
] 
individual
 is a member of:
(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States [
who
]
, and
 is on active duty;
(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric Administration of the United
States; or
(C) the National Guard 
and is
 on activated status;
(b) the [
person
] 
individual
 communicates with the filing officer using an electronic
device that allows the [
person
] 
individual
 and filing officer to see and hear each other; and
(c) the [
person
] 
individual
 provides the filing officer with an email address to which
the filing officer may send the copies described in Subsection 
20A-9-201
[
(3)
]
(9)
.
Section 8. Section 
20A-9-403
 is amended to read:
20A-9-403.
Regular primary elections.
(1) (a) Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people in the
manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
designated as regular primary election day. Nothing in this section shall affect a candidate's
ability to qualify for a regular general election's ballot as an unaffiliated candidate under
Section 
20A-9-501
 or to participate in a regular general election as a write-in candidate under
Section 
20A-9-601
.
(b) Each registered political party that chooses to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election shall
comply with the requirements of this section and shall nominate its candidates for elective
office in the manner prescribed in this section.
(c) A filing officer may not permit an official ballot at a regular general election to be
produced or used if the ballot denotes affiliation between a registered political party or any
other political group and a candidate for elective office who was not nominated in the manner
prescribed in this section or in Subsection 
20A-9-202
[
(4)
]
(5)
.
(d) Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2) (a) Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i) either declare their intent to participate in the next regular primary election or
declare that the registered political party chooses not to have the names of its candidates for
elective office featured on the ballot at the next regular general election;
(ii) if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may vote for the
registered political party's candidates and whether or not persons identified as unaffiliated with
a political party may vote for the registered political party's candidates; and
(iii) if the registered political party participates in the upcoming regular primary
election, indicate whether it chooses to nominate unopposed candidates without their name
appearing on the ballot, as described under Subsection (5)(c).
(b) A registered political party that is a continuing political party must file the
statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
November 15 of each odd-numbered year. An organization that is seeking to become a
registered political party under Section 
20A-8-103
 must file the statement described in
Subsection (2)(b) no later than 5 p.m. on February 15.
(3) (a) Except as provided in Subsection (3)(e), a person who has submitted a
declaration of candidacy under Section 
20A-9-202
 shall appear as a candidate for elective
office on the regular primary ballot of the registered political party listed on the declaration of
candidacy only if the person is certified by the appropriate filing officer as having submitted a
set of nomination petitions that was:
(i) circulated and completed in accordance with Section 
20A-9-405
; and
(ii) signed by at least two percent of the registered political party's members who reside
in the political division of the office that the person seeks.
(b) A candidate for elective office shall submit nomination petitions to the appropriate
filing officer for verification and certification no later than 5 p.m. on the final day in March. 
Candidates may supplement their submissions at any time on or before the filing deadline.
(c) The lieutenant governor shall determine for each elective office the total number of
signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
of persons residing in each elective office's political division who have designated a particular
registered political party on their voter registration forms as of November 1 of each
odd-numbered year. The lieutenant governor shall publish this determination for each elective
office no later than November 15 of each odd-numbered year.
(d) The filing officer shall:
(i) verify signatures on nomination petitions in a transparent and orderly manner;
(ii) for all qualifying candidates for elective office who submitted nomination petitions
to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on
the first Monday after the third Saturday in April;
(iii) consider active and inactive voters eligible to sign nomination petitions;
(iv) consider a person who signs a nomination petition a member of a registered
political party for purposes of Subsection (3)(a)(ii) if the person has designated that registered
political party as their preferred party affiliation on their voter registration form prior to 5 p.m.
on the final day in March; and
(v) utilize procedures described in Section 
20A-7-206.3
 to verify submitted nomination
petition signatures, or use statistical sampling procedures to verify submitted nomination
petition signatures pursuant to rules issued by the lieutenant governor under Subsection (3)(f).
(e) Notwithstanding any other provision in Subsection (3), a candidate for lieutenant
governor may appear on the regular primary ballot of a registered political party without
submitting nomination petitions if the candidate files a declaration of candidacy and complies
with Subsection 
20A-9-202
[
(3)
]
(4)
.
(f) The lieutenant governor shall issue rules that provide for the use of statistical
sampling procedures for filing officers to verify signatures under Subsection (3)(d). The
statistical sampling procedures shall reflect a bona fide effort to determine the validity of a
candidate's entire submission, using widely recognized statistical sampling techniques. The
lieutenant governor may also issue supplemental rules and guidance that provide for the
transparent, orderly, and timely submission, verification, and certification of nomination
petition signatures.
(g) The county clerk shall:
(i) review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii) place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(iii) determine the order of the local board of education candidates' names on the ballot
in accordance with Section 
20A-6-305
.
(4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
governor shall provide to the county clerks:
(i) a list of the names of all candidates for federal, constitutional, multi-county, and
county offices who have received certifications under Subsection (3), along with instructions
on how those names shall appear on the primary-election ballot in accordance with Section
20A-6-305
; and
(ii) a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
candidates from the primary-election ballot.
(b) A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary-election ballot.
(c) After the county clerk receives the certified list from the lieutenant governor under
Subsection (4)(a), the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties and candidates for nonpartisan
local school board positions listed on the primary ballot. The polling place for voting precinct
____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day. 
Attest: county clerk."
(5) (a) Candidates, other than presidential candidates, receiving the highest number of
votes cast for each office at the regular primary election are nominated by their registered
political party for that office or are nominated as a candidate for a nonpartisan local school
board position.
(b) If two or more candidates, other than presidential candidates, are to be elected to
the office at the regular general election, those party candidates equal in number to positions to
be filled who receive the highest number of votes at the regular primary election are the
nominees of their party for those positions.
(c) A candidate who is unopposed for an elective office in the regular primary election
of a registered political party is nominated by the party for that office without appearing on the
primary ballot, provided that the party has chosen to nominate unopposed candidates under
Subsection (2)(a)(iii). A candidate is "unopposed" if no person other than the candidate has
received a certification under Subsection (3) for the regular primary election ballot of the
candidate's registered political party for a particular elective office.
(6) (a) When a tie vote occurs in any primary election for any national, state, or other
office that represents more than one county, the governor, lieutenant governor, and attorney
general shall, at a public meeting called by the governor and in the presence of the candidates
involved, select the nominee by lot cast in whatever manner the governor determines.
(b) When a tie vote occurs in any primary election for any county office, the district
court judges of the district in which the county is located shall, at a public meeting called by
the judges and in the presence of the candidates involved, select the nominee by lot cast in
whatever manner the judges determine.
(7) The expense of providing all ballots, blanks, or other supplies to be used at any
primary election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of the
county or state, in the same manner as for the regular general elections.
Section 9. Section 
20A-9-407
 is amended to read:
20A-9-407.
Convention nomination process for qualified political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of a qualified political party for an elective office through the
qualified political party's convention nomination process.
(2) Notwithstanding Subsection 
20A-9-201
[
(4)
]
(11)
(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of
____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections; I will file all campaign financial disclosure reports
as required by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address that I
designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath)."
(3) Notwithstanding Subsection 
20A-9-202
(1)[
(a)
], and except as provided in
Subsection 
20A-9-202
[
(4)
]
(5)
, a member of a qualified political party who, under this section,
is seeking the nomination of the qualified political party for an elective office that is to be filled
at the next general election, shall:
(a) file a declaration of candidacy in person with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(b) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
[
(2)
]
(3)
(a), a member of a qualified
political party who, under this section, is seeking the nomination of the qualified political party
for the office of district attorney within a multicounty prosecution district that is to be filled at
the next general election shall:
(a) file a declaration of candidacy with the county clerk designated in the interlocal
agreement creating the prosecution district on or after the second Friday in March and before 5
p.m. on the third Thursday in March before the next regular general election; and
(b) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
[
(3)
]
(4)
(a)(iii), a lieutenant governor
candidate who files as the joint-ticket running mate of an individual who is nominated by a
qualified political party, under this section, for the office of governor shall submit a letter from
the candidate for governor that names the lieutenant governor candidate as a joint-ticket
running mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
Section 10. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering nomination process for qualified political party.
(1) This section describes the requirements for a member of a qualified political party
who is seeking the nomination of the qualified political party for an elective office through the
signature-gathering nomination process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
[
(4)
]
(11)
(a), the form of the declaration of
candidacy for a member of a qualified political party who is nominated by, or who is seeking
the nomination of, the qualified political party under this section shall be substantially as
follows:
"State of Utah, County of ____
I, ______________, declare my intention of becoming a candidate for the office of
____ as a candidate for the ____ party. I do solemnly swear that: I will meet the qualifications
to hold the office, both legally and constitutionally, if selected; I reside at _____________ in
the City or Town of ____, Utah, Zip Code ____, Phone No. ____; I will not knowingly violate
any law governing campaigns and elections; I will file all campaign financial disclosure reports
as required by law; and I understand that failure to do so will result in my disqualification as a
candidate for this office and removal of my name from the ballot. The mailing address that I
designate for receiving official election notices is
___________________________________________________________________________
___________________________________________________________________________.
Subscribed and sworn before me this __________(month\day\year). Notary Public (or
other officer qualified to administer oath)."
(3) Notwithstanding Subsection 
20A-9-202
(1)[
(a)
], and except as provided in
Subsection 
20A-9-202
[
(4)
]
(5)
, a member of a qualified political party who, under this section,
is seeking the nomination of the qualified political party for an elective office that is to be filled
at the next general election shall:
(a) within the period beginning on January 1 before the next regular general election
and ending on the third Thursday in March of the same year, and before gathering signatures
under this section, file with the filing officer on a form approved by the lieutenant governor a
notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(c) pay the filing fee.
(4) Notwithstanding Subsection 
20A-9-202
[
(2)
]
(3)
(a), a member of a qualified
political party who, under this section, is seeking the nomination of the qualified political party
for the office of district attorney within a multicounty prosecution district that is to be filled at
the next general election shall:
(a) on or after January 1 before the next regular general election, and before gathering
signatures under this section, file with the filing officer on a form approved by the lieutenant
governor a notice of intent to gather signatures for candidacy that includes:
(i) the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii) the name of the registered political party for which the member is seeking
nomination;
(iii) the office for which the member is seeking to become a candidate;
(iv) the address and telephone number of the member; and
(v) other information required by the lieutenant governor;
(b) file a declaration of candidacy, in person, with the filing officer on or after the
second Friday in March and before 5 p.m. on the third Thursday in March before the next
regular general election; and
(c) pay the filing fee.
(5) Notwithstanding Subsection 
20A-9-202
[
(3)
]
(4)
(a)(iii), a lieutenant governor
candidate who files as the joint-ticket running mate of an individual who is nominated by a
qualified political party, under this section, for the office of governor shall submit a letter from
the candidate for governor that names the lieutenant governor candidate as a joint-ticket
running mate.
(6) The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701
(1) also includes the name of each candidate nominated by a qualified political party
under this section.
(7) Notwithstanding Subsection 
20A-9-701
(2), the ballot shall, for each candidate who
is nominated by a qualified political party under this section, designate the qualified political
party that nominated the candidate.
(8) A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a) complying with the requirements described in this section; and
(b) collecting signatures, on a form approved by the lieutenant governor's office, during
the period beginning on January 1 of an even-numbered year and ending 14 days before the day
on which the qualified political party's convention for the office is held, in the following
amounts:
(i) for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's candidates in
a primary election;
(ii) for a congressional district race, 7,000 signatures of registered voters who are
residents of the congressional district and are permitted by the qualified political party to vote
for the qualified political party's candidates in a primary election;
(iii) for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election;
(iv) for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election; and
(v) for a county office race, signatures of 3% of the registered voters who are residents
of the area permitted to vote for the county office and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.
(9) (a) In order for a member of the qualified political party to qualify as a candidate
for the qualified political party's nomination for an elective office under this section, the
member shall:
(i) collect the signatures on a form approved by the lieutenant governor's office, using
the same circulation and verification requirements described in Sections 
20A-7-304
 and
20A-7-305
; and
(ii) submit the signatures to the election officer no later than 14 days before the day on
which the qualified political party holds its convention to select candidates, for the elective
office, for the qualified political party's nomination.
(b) An individual may not gather signatures under this section until after the individual
files a notice of intent to gather signatures for candidacy described in this section.
(c) An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
the notice of intent to gather signatures for candidacy:
(i) required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described in Subsection
(9)(c)(i).
(d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
election officer shall, no later than one day before the day on which the qualified political party
holds the convention to select a nominee for the elective office to which the signature packets
relate:
(i) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(iii) determine whether each signer is a registered voter who is qualified to sign the
petition, using the same method, described in Section 
20A-7-206.3
, used to verify a signature
on a petition;
(iv) certify whether each name is that of a registered voter who is qualified to sign the
signature packet; and
(v) notify the qualified political party and the lieutenant governor of the name of each
member of the qualified political party who qualifies as a nominee of the qualified political
party, under this section, for the elective office to which the convention relates.
(e) Upon receipt of a notice of intent to gather signatures for candidacy described in
this section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the lieutenant governor
posts a declaration of candidacy.
Section 11. Section 
20A-9-701
 is amended to read:
20A-9-701.
Certification of party candidates to county clerks -- Display on ballot.
(1) No later than August 31 of each regular general election year, the lieutenant
governor shall certify to each county clerk the names of each candidate nominated under
Subsection 
20A-9-202
[
(4)
]
(5)
 or Subsection 
20A-9-403
(5) for offices to be voted upon at the
regular general election in that county clerk's county.
(2) The names shall be certified by the lieutenant governor and shall be displayed on
the ballot as they are provided on the candidate's declaration of candidacy. No other names
may appear on the ballot as affiliated with, endorsed by, or nominated by any other registered
political party, political party, or other political group.
Section 12. Section 
20A-11-1005
 is amended to read:
20A-11-1005.
Fines for failing to file a financial statement.
(1) Except as provided in Subsections 
20A-11-512
(1)(b) and (4), the chief election
officer shall fine a filing entity $100 for failing to file a financial statement by the filing
deadline.
(2) If a filing entity is unable to pay the fine or files an affidavit of impecuniosity in a
manner similar to Subsection 
20A-9-201
[
(5)(d)
]
(15)
, the chief election officer shall impose the
fine against the candidate or treasurer, as appropriate.
(3) The chief election officer shall deposit fines collected under this chapter in the
General Fund.
Section 13. Section 
20A-14-101.1
 is amended to read:
CHAPTER 14. ELECTION OF STATE AND LOCAL SCHOOL BOARDS
20A-14-101.1.
Title -- Definitions.
(1) This chapter is known as "Election of State and Local School Boards."
(2)
 As used in this part:
[
(1)
] 
(a)
 "Board" means the State Board of Education.
[
(2)
] 
(b)
 "Board block assignment file" means the electronic file that assigns each of
Utah's 115, 406 census blocks to a particular State Board of Education district.
[
(3)
] 
(c)
 "Board shapefile" means the electronic shapefile that stores the boundary of
each of the 15 State Board of Education districts.
[
(4)
] 
(d)
 "Census block" means any one of the 115, 406 individual geographic areas
into which the Bureau of the Census of the United States Department of Commerce has divided
the state of Utah, to each of which the Bureau of the Census has attached a discrete population
tabulation from the 2010 decennial census.
[
(5)
] 
(e)
 "Shapefile" means the digital vector storage format for storing geometric
location and associated attribute information.
Section 14. Section 
20A-14-103
 is amended to read:
20A-14-103.
State Board of Education members -- When elected -- Qualifications
-- Avoiding conflicts of interest.
(1) (a) Unless otherwise provided by law, each State Board of Education member
elected from a State Board of Education District at the 2010 general election shall:
(i) serve out the term of office for which that member was elected; and
(ii) represent the realigned district if the member resides in that district.
(b) At the general election to be held in 2012, a State Board of Education member
elected from State Board of Education Districts 4, 7, 8, 10, 11, 12, 13, and 15 shall be elected
to serve a term of office of four years.
(c) In order to ensure that the terms of approximately half of the State Board of
Education members expire every two years:
(i) at the general election to be held in 2012, the State Board of Education member
elected from State Board of Education District 1 shall be elected to serve a term of office of
two years; and
(ii) at the general election to be held in 2014, the State Board of Education member
elected from State Board of Education District 1 shall be elected to serve a term of office of
four years.
(2) (a) A person seeking election to the State Board of Education shall have been a
resident of the State Board of Education district in which the person is seeking election for at
least one year as of the date of the election.
(b) A person who has resided within the State Board of Education district, as the
boundaries of the district exist on the date of the election, for one year immediately preceding
the date of the election shall be considered to have met the requirements of this Subsection (2).
(3) A State Board of Education member shall:
(a) be and remain a registered voter in the State Board of Education district from which
the member was elected or appointed; and
(b) maintain the member's primary residence within the State Board of Education
district from which the member was elected or appointed during the member's term of office.
(4) A State Board of Education member may not, during the member's term of office,
also serve as an employee of:
(a) the State Board of Education;
(b) the Utah State Office of Education; or
(c) the Utah State Office of Rehabilitation.
(5) The provisions of Section 
20A-9-403
 do not apply to the election of a State Board
of Education member. The election of a State Board of Education member is governed by this
chapter.
Section 15. Section 
20A-14-103.5
 is enacted to read:
 20A-14-103.5.
State Board of Education -- Candidacy.
(1) The office of State Board of Education member is a nonpartisan office.
(2) An individual who desires to be a candidate for the office of State Board of
Education member shall:
(a) file a declaration of candidacy in person with the filing officer:
(i) on or after January 1 of the regular general election year and before the individual
circulates a nomination petition described in Section 
20A-14-103.6
; and
(ii) in accordance with the procedures and requirements of Section 
20A-9-201
; and
(b) pay the filing fee.
(3) (a) Each county clerk who receives a declaration of candidacy described in this
section from a candidate for multicounty office shall transmit the filing fee and a copy of the
candidate's declaration of candidacy to the lieutenant governor within one working day after the
day on which the candidate files the declaration of candidacy.
(b) Each day during the filing period, each county clerk shall notify the lieutenant
governor electronically or by telephone of candidates who have filed a declaration of candidacy
described in this section in the county clerk's office.
(4) (a) A declaration of candidacy filed under this section is valid unless an individual
files a written objection with the clerk or lieutenant governor within five days after the day of
the deadline for filing a declaration of candidacy.
(b) If an individual files an objection, the clerk or lieutenant governor shall:
(i) immediately mail or personally deliver notice of the objection to the affected
candidate; and
(ii) decide any objection within 48 hours after the objection is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may, if
possible, cure the problem by amending the declaration or nomination petition, or by filing a
new declaration, within three days after the day on which the objection is sustained.
(d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
(ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
of discretion, agrees to review the lower court decision.
(5) A candidate may withdraw as a candidate by filing a written affidavit with the
clerk.
(6) Notwithstanding Subsection (2)(a), and subject to Subsection 
20A-9-201
(12)(b), an
individual may designate an agent to file the form described in Subsection 
20A-9-201
(12) in
person with the filing officer if:
(a) the individual is located outside the state during the filing period because:
(i) of employment with the state or the United States; or
(ii) the individual is a member of:
(A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States, and is on active duty;
(B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
commissioned corps of the National Oceanic and Atmospheric Administration of the United
States; or
(C) the National Guard and is on activated status;
(b) the individual communicates with the filing officer using an electronic device that
allows the individual and the filing officer to see and hear each other; and
(c) the individual provides the filing officer with an email address to which the filing
officer may send the copies described in Subsection 
20A-9-201
(9).
Section 16. Section 
20A-14-103.6
 is enacted to read:
 20A-14-103.6.
Signature-gathering process for State Board of Education --
Verification of signatures -- Placement on ballot.
(1) A candidate who is seeking placement on the ballot for the office of member of the
State Board of Education shall, after complying with the requirements of Subsection
20A-14-103.5
(2):
(a) during the period beginning on January 1 of an even-numbered year and ending at 5
p.m. on the second Friday in April, collect signatures of at least 2,000 registered voters who
reside in the same State Board of Education district as the candidate, including, from each
school district within that State Board of Education district, at least 300 signatures from
registered voters who reside in that school district;
(b) collect the signatures described in Subsection (1)(a) on a nomination petition form
created by the lieutenant governor's office, in accordance with, and subject to, the same
circulation and verification requirements described in Sections 
20A-7-304
 and 
20A-7-305
; and
(c) submit the signatures described in Subsection (1)(a) to the election officer no later
than 5 p.m. on the second Friday in April.
(2) Upon timely receipt of the signatures described in this section, the election officer
shall, no later than seven days after the day on which the election officer receives the
signatures:
(a) check the name of each individual who completes the verification for a signature
packet to determine whether each individual is a resident of Utah and is at least 18 years old;
(b) submit the name of each individual described in Subsection (2)(a) who is not a
Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
(c) determine whether each signer is a registered voter who is qualified to sign the
nomination petition form, using the same method described in Section 
20A-7-206.3
 to verify a
signature on a petition;
(d) certify whether each name is the name of a registered voter who is qualified to sign
the signature packet; and
(e) certify the candidate for placement on the ballot if the election officer determines
that the candidate:
(i) has complied with the requirements of this section and Section 
20A-14-103.5
; and
(ii) obtained the signatures described in Subsection (1)(a).
(3) (a) If more than two candidates qualify to be placed on the ballot for one State
School Board District, the election officer shall certify the candidates for placement on the
regular primary election ballot.
(b) The election officer shall place the names of the two candidates who receive the
highest number of votes in a primary election for a State School Board District on the general
election ballot.
(c) If only one or two candidates qualify to be placed on the ballot for one State School
Board District, the election officer:
(i) shall certify the name of each candidate for placement on the regular general
election ballot; and
(ii) may not place the name of a candidate described in Subsection (3)(c)(i) on the
primary election ballot.
Section 17. Section 
53A-1-101
 is amended to read:
53A-1-101.
State Board of Education -- Members.
[
(1) Members of the
] 
The
 State Board of Education shall [
be nominated and
] 
consist of
members,
 elected as provided in Title 20A, Chapter 14, [
Nomination and
] Election of State
and Local School Boards.
[
(2) (a) In addition to the members designated under Subsection (1), the following
members shall serve as nonvoting members of the State Board of Education:
]
[
(i) two members of the State Board of Regents, appointed by the chair of the State
Board of Regents;
]
[
(ii) one member of the Utah College of Applied Technology Board of Trustees,
appointed by the chair of the board of trustees; and
]
[
(iii) one member of the State Charter School Board, appointed by the chair of the State
Charter School Board.
]
[
(b) A nonvoting member shall continue to serve as a member without a set term until
the member is replaced by the chair of the State Board of Regents, chair of the Utah College of
Applied Technology Board of Trustees, or chair of the State Charter School Board, as
applicable.
]
Section 18. 
Repealer.
This bill repeals:
Section 
20A-14-104
,
Becoming a candidate for membership on the State Board of
Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
Section 
20A-14-105
,
Becoming a candidate for membership on the State Board of
Education -- Selection of candidates by the governor -- Ballot placement.
Section 19. 
Revisor instructions.
It is the intent of the Legislature that, in preparing the Utah Code database for
publication, the Office of Legislative Research and General Counsel shall change the
references to "Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards" in the following sections and subsections to read "Title 20A, Chapter 14, Election of
State and Local School Boards":
(1) Subsection 
53A-1a-506
(1)(a);
(2) Subsection 
53A-1a-506.5
(1)(a);
(3) Subsection 
53A-2-119
(2);
(4) Section 
53A-3-101
;
(5) Subsection 
53A-11-102.5
(1); and
(6) Subsection 
53A-15-1202
(1).
Legislative Review Note
 as of 10-22-14 12:17 PM
Office of Legislative Research and General Counsel