Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 48 Fourth Substitute (2016GS)

Sponsor

Rep. McCay, D.

Final action

Governor Signed 3/17/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the requirement that a qualified political party permit unaffiliated voters to participate in a primary for the qualified political party;
• removes a political party's ability to replace a candidate who is disqualified for failure to file a financial disclosure;
• requires an election official to provide a grace period when a candidate fails to file certain financial reports, before disqualifying the candidate;
• modifies provisions relating to when an unaffiliated candidate is required to file a financial report;
• modifies the deadline for filing a financial report;
• establishes a deadline by which an individual who wishes to become a candidate for the State Board of Education or a local school board shall submit a declaration of candidacy; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ELECTION LAW AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions relating to election law.
Highlighted Provisions:
This bill:
▸ removes the requirement that a qualified political party permit unaffiliated voters to
participate in a primary for the qualified political party;
▸ removes a political party's ability to replace a candidate who is disqualified for
failure to file a financial disclosure;
▸ requires an election official to provide a grace period when a candidate fails to file
certain financial reports, before disqualifying the candidate;
▸ modifies provisions relating to when an unaffiliated candidate is required to file a
financial report;
▸ modifies the deadline for filing a financial report;
▸ establishes a deadline by which an individual who wishes to become a candidate for
the State Board of Education or a local school board shall submit a declaration of
candidacy; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-16-6.5
, as last amended by Laws of Utah 2015, Chapter 21
20A-1-501
, as last amended by Laws of Utah 2014, Chapter 17
20A-9-101
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-406
, as last amended by Laws of Utah 2015, Chapter 296
20A-11-103
, as last amended by Laws of Utah 2014, Chapters 76 and 335
20A-11-204
, as last amended by Laws of Utah 2015, Chapter 204
20A-11-206
, as last amended by Laws of Utah 2015, Chapter 204
20A-11-303
, as last amended by Laws of Utah 2015, Chapter 204
20A-11-305
, as last amended by Laws of Utah 2015, Chapter 204
20A-14-104
, as last amended by Laws of Utah 2004, Chapter 19
20A-14-203
, as enacted by Laws of Utah 1995, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-16-6.5
 is amended to read:
17-16-6.5.
Campaign financial disclosure in county elections.
(1) (a) A county shall adopt an ordinance establishing campaign finance disclosure
requirements for:
(i) candidates for county office; and
(ii) candidates for local school board office who reside in that county.
(b) The ordinance required by Subsection (1)(a) shall include:
(i) a requirement that each candidate for county office or local school board office
report the candidate's itemized and total campaign contributions and expenditures at least once
within the two weeks before the election and at least once within two months after the election;
(ii) a definition of "contribution" and "expenditure" that requires reporting of
nonmonetary contributions such as in-kind contributions and contributions of tangible things;
(iii) a requirement that the financial reports identify:
(A) for each contribution of more than $50, the name of the donor of the contribution,
if known, and the amount of the contribution; and
(B) for each expenditure, the name of the recipient and the amount of the expenditure;
(iv) a requirement that a candidate for county office or local school board office
deposit a contribution in a separate campaign account in a financial institution;
(v) a prohibition against a candidate for county office or local school board office
depositing or mingling any contributions received into a personal or business account; and
(vi) a requirement that a candidate for county office who receives a contribution that is
cash or a negotiable instrument, exceeds $50, and is from a donor whose name is unknown,
shall, within 30 days after receiving the contribution, disburse the amount of the contribution
to:
(A) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(B) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(c) (i) As used in this Subsection (1)(c), "account" means an account in a financial
institution:
(A) that is not described in Subsection (1)(b)(iv); and
(B) into which or from which a person who, as a candidate for an office, other than a
county office for which the person files a declaration of candidacy or federal office, or as a
holder of an office, other than a county office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(ii) The ordinance required by Subsection (1)(a) shall include a requirement that a
candidate for county office or local school board office include on a financial report filed in
accordance with the ordinance a contribution deposited in or an expenditure made from an
account:
(A) since the last financial report was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(2) If any county fails to adopt a campaign finance disclosure ordinance described in
Subsection (1), candidates for county office, other than community council office, and
candidates for local school board office shall comply with the financial reporting requirements
contained in Subsections (3) through (8).
(3) A candidate for elective office in a county or local school board office:
(a) shall deposit a contribution in a separate campaign account in a financial institution;
and
(b) may not deposit or mingle any contributions received into a personal or business
account.
(4) Each candidate for elective office in any county who is not required to submit a
campaign financial statement to the lieutenant governor, and each candidate for local school
board office, shall file a signed campaign financial statement with the county clerk:
(a) seven days before the date of the regular general election, reporting each
contribution of more than $50 and each expenditure as of 10 days before the date of the regular
general election; and
(b) no later than 30 days after the date of the regular general election.
(5) (a) The statement filed seven days before the regular general election shall include:
(i) a list of each contribution of more than $50 received by the candidate, and the name
of the donor, if known;
(ii) an aggregate total of all contributions of $50 or less received by the candidate; and
(iii) a list of each expenditure for political purposes made during the campaign period,
and the recipient of each expenditure.
(b) The statement filed 30 days after the regular general election shall include:
(i) a list of each contribution of more than $50 received after the cutoff date for the
statement filed seven days before the election, and the name of the donor;
(ii) an aggregate total of all contributions of $50 or less received by the candidate after
the cutoff date for the statement filed seven days before the election; and
(iii) a list of all expenditures for political purposes made by the candidate after the
cutoff date for the statement filed seven days before the election, and the recipient of each
expenditure.
(6) (a) As used in this Subsection (6), "account" means an account in a financial
institution:
(i) that is not described in Subsection (3)(a); and
(ii) into which or from which a person who, as a candidate for an office, other than a
county office for which the person filed a declaration of candidacy or federal office, or as a
holder of an office, other than a county office for which the person filed a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A county office candidate and a local school board office candidate shall include on
any campaign financial statement filed in accordance with Subsection (4) or (5):
(i) a contribution deposited in an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account; or
(ii) an expenditure made from an account:
(A) since the last campaign finance statement was filed; or
(B) that has not been reported under a statute or ordinance that governs the account.
(7) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from a donor whose name is unknown, a county office
candidate shall disburse the amount of the contribution to:
(a) the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b) an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code.
(8) Candidates for elective office in any county, and candidates for local school board
office, who are eliminated at a primary election shall file a signed campaign financial statement
containing the information required by this section not later than 30 days after the primary
election.
(9) Any person who fails to comply with this section is guilty of an infraction.
(10) (a) Counties may, by ordinance, enact requirements that:
(i) require greater disclosure of campaign contributions and expenditures; and
(ii) impose additional penalties.
(b) The requirements described in Subsection (10)(a) apply to a local school board
office candidate who resides in that county.
(11) [
(a)
] If a candidate fails to file an interim report due before the election, the county
clerk [
shall, after making a reasonable attempt to discover if the report was timely mailed,
]
:
(a) may send an electronic notice to the candidate and the political party of which the
candidate is a member, if any, that states:
(i) that the candidate failed to timely file the report; and
(ii) that, if the candidate fails to file the report within 24 hours after the deadline for
filing the report, the candidate will be disqualified and the political party will not be permitted
to replace the candidate; and
(b) impose a fine of $100 on the candidate.
(12) (a) The county clerk shall disqualify a candidate and
 inform the appropriate
election officials [
who: (i) (A)
] 
that the candidate is disqualified if the candidate fails to file an
interim report described in Subsection (11) within 24 hours after the deadline for filing the
report.
(b) The political party of a candidate who is disqualified under Subsection (12)(a) may
not replace the candidate.
(13) If a candidate is disqualified under Subsection (12)(a) the election official:
(a) (i)
 shall, if practicable, remove the name of the candidate by blacking out the
candidate's name before the ballots are delivered to voters; or
[
(B)
] 
(ii)
 shall, if removing the candidate's name from the ballot is not practicable,
inform the voters by any practicable method that the candidate has been disqualified and that
votes cast for the candidate will not be counted; and
[
(ii)
] 
(b)
 may not count any votes for that candidate.
[
(b) Notwithstanding Subsection (11)(a), a
]
(14) An election official may fulfill the requirement described in Subsection (13)(a) in
relation to an absentee voter, including a military or overseas absentee voter, by including with
the absentee ballot a written notice directing the voter to a public website that will inform the
voter whether a candidate on the ballot is disqualified.
(15) A
 candidate is not disqualified if:
[
(i)
] 
(a)
 the candidate files the [
reports required by this section
] 
interim reports
described in Subsection (11) no later than 24 hours after the applicable deadlines for filing the
reports
;
[
(ii) those
] 
(b) the
 reports are completed, detailing accurately and completely the
information required by this section except for inadvertent omissions or insignificant errors or
inaccuracies; and
[
(iii) those
] 
(c) the
 omissions, errors, or inaccuracies are corrected in an amended
report or in the next scheduled report.
[
(c)
] 
(16) (a)
 A report is considered 
timely
 filed if:
(i) [
it
] 
the report
 is received in the county clerk's office no later than [
p.m. on the date
that it
] 
midnight, Mountain Time, at the end of the day on which the report
 is due;
(ii) [
it
] 
the report
 is received in the county clerk's office with a United States Postal
Service postmark three days or more before the date that the report was due; or
(iii) the candidate has proof that the report was mailed, with appropriate postage and
addressing, three days before the report was due.
(b) For a county clerk's office that is not open until midnight at the end of the day on
which a report is due, the county clerk shall permit a candidate to file the report via email or
another electronic means designated by the county clerk.
[
(12)
] 
(17)
 (a) Any private party in interest may bring a civil action in district court to
enforce the provisions of this section or any ordinance adopted under this section.
(b) In a civil action filed under Subsection [
(12)
] 
(17)
(a), the court shall award costs
and attorney fees to the prevailing party.
[
(13)
] 
(18)
 Notwithstanding any provision of Title 63G, Chapter 2, Government
Records Access and Management Act, the county clerk shall:
(a) make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b) make the campaign finance statement filed by a candidate available for public
inspection by:
(i) (A) posting an electronic copy or the contents of the statement on the county's
website no later than seven business days after the statement is filed; and
(B) verifying that the address of the county's website has been provided to the
lieutenant governor in order to meet the requirements of Subsection 
20A-11-103
(5); or
(ii) submitting a copy of the statement to the lieutenant governor for posting on the
website established by the lieutenant governor under Section 
20A-11-103
 no later than two
business days after the statement is filed.
Section 2. Section 
20A-1-501
 is amended to read:
20A-1-501.
Candidate vacancies -- Procedure for filling.
(1) The state central committee of a political party, for candidates for United States
senator, United States representative, governor, lieutenant governor, attorney general, state
treasurer, and state auditor, and for legislative candidates whose legislative districts encompass
more than one county, and the county central committee of a political party, for all other party
candidates seeking an office elected at a regular general election, may certify the name of
another candidate to the appropriate election officer if:
(a) for a registered political party that will have a candidate on a ballot in a primary
election, after the close of the period for filing a declaration of candidacy and continuing
through the day before the day on which the lieutenant governor provides the list described in
Subsection 
20A-9-403
(4)(a):
(i) only one or two candidates from that party have filed a declaration of candidacy for
that office; and
(ii) one or both:
(A) dies;
(B) resigns because of acquiring a physical or mental disability, certified by a
physician, that prevents the candidate from continuing the candidacy; or
(C) is disqualified by an election officer for improper filing or nominating procedures;
(b) for a registered political party that does not have a candidate on the ballot in a
primary, but that will have a candidate on the ballot for a general election, after the close of the
period for filing a declaration of candidacy and continuing through the day before the day on
which the lieutenant governor makes the certification described in Section 
20A-5-409
, the
party's candidate:
(i) dies;
(ii) resigns because of acquiring a physical or mental disability as certified by a
physician;
(iii) is disqualified by an election officer for improper filing or nominating procedures;
or
(iv) resigns to become a candidate for president or vice president of the United States;
or
(c) for a registered political party with a candidate certified as winning a primary
election, after the deadline described in Subsection (1)(a) and continuing through the day
before that day on which the lieutenant governor makes the certification described in Section
20A-5-409
, the party's candidate:
(i) dies;
(ii) resigns because of acquiring a physical or mental disability as certified by a
physician;
(iii) is disqualified by an election officer for improper filing or nominating procedures;
or
(iv) resigns to become a candidate for president or vice president of the United States.
(2) If no more than two candidates from a political party have filed a declaration of
candidacy for an office elected at a regular general election and one resigns to become the party
candidate for another position, the state central committee of that political party, for candidates
for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
legislative candidates whose legislative districts encompass more than one county, and the
county central committee of that political party, for all other party candidates, may certify the
name of another candidate to the appropriate election officer.
(3) Each replacement candidate shall file a declaration of candidacy as required by
Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
(4) (a) The name of a candidate who is certified under Subsection (1)(a) after the
deadline described in Subsection (1)(a) may not appear on the primary election ballot.
(b) The name of a candidate who is certified under Subsection (1)(b) after the deadline
described in Subsection (1)(b) may not appear on the general election ballot.
(c) The name of a candidate who is certified under Subsection (1)(c) after the deadline
described in Subsection (1)(c) may not appear on the general election ballot.
(5) A political party may not replace a candidate who is disqualified for failure to
timely file a campaign disclosure financial report under Title 20A, Chapter 11, Campaign and
Financial Reporting Requirements, or Section 
17-16-6.5
.
Section 3. Section 
20A-9-101
 is amended to read:
20A-9-101.
Definitions.
As used in this chapter:
(1) (a) "Candidates for elective office" means persons who file a declaration of
candidacy under Section 
20A-9-202
 to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b) "Candidates for elective office" does not mean candidates for:
(i) justice or judge of court of record or not of record;
(ii) presidential elector;
(iii) any political party offices; and
(iv) municipal or local district offices.
(2) "Constitutional office" means the state offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(3) "Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4) (a) "County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b) "County office" does not mean:
(i) the office of justice or judge of any court of record or not of record;
(ii) the office of presidential elector;
(iii) any political party offices;
(iv) any municipal or local district offices; and
(v) the office of United States Senator and United States Representative.
(5) "Federal office" means an elective office for United States Senator and United
States Representative.
(6) "Filing officer" means:
(a) the lieutenant governor, for:
(i) the office of United States Senator and United States Representative; and
(ii) all constitutional offices;
(b) the county clerk, for county offices and local school district offices, and the county
clerk in the filer's county of residence, for multicounty offices;
(c) the city or town clerk, for municipal offices; and
(d) the local district clerk, for local district offices.
(7) "Local district office" means an elected office in a local district.
(8) "Local government office" includes county offices, municipal offices, and local
district offices and other elective offices selected by the voters from a political division entirely
within one county.
(9) (a) "Multicounty office" means an elective office where the officeholder is selected
by the voters from more than one county.
(b) "Multicounty office" does not mean:
(i) a county office;
(ii) a federal office;
(iii) the office of justice or judge of any court of record or not of record;
(iv) the office of presidential elector;
(v) any political party offices; and
(vi) any municipal or local district offices.
(10) "Municipal office" means an elective office in a municipality.
(11) (a) "Political division" means a geographic unit from which an officeholder is
elected and that an officeholder represents.
(b) "Political division" includes a county, a city, a town, a local district, a school
district, a legislative district, and a county prosecution district.
(12) "Qualified political party" means a registered political party that:
[
(a) permits voters who are unaffiliated with any political party to vote for the
registered political party's candidates in a primary election;
]
[
(b)
] 
(a)
 (i) permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii) provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
[
(c)
] 
(b)
 does not hold the registered political party's convention before the fourth
Saturday in March of an even-numbered year;
[
(d)
] 
(c)
 permits a member of the registered political party to seek the registered
political party's nomination for any elective office by the member choosing to seek the
nomination by either or both of the following methods:
(i) seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section 
20A-9-407
; or
(ii) seeking the nomination by collecting signatures, in accordance with the provisions
of Section 
20A-9-408
; and
[
(e)
] 
(d)
 (i) if the registered political party is a continuing political party, no later than 5
p.m. on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
election in the following year, the registered political party intends to nominate the registered
political party's candidates in accordance with the provisions of Section 
20A-9-406
; or
(ii) if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section 
20A-8-103
 that, for
the next election, the registered political party intends to nominate the registered political
party's candidates in accordance with the provisions of Section 
20A-9-406
.
Section 4. Section 
20A-9-406
 is amended to read:
20A-9-406.
Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1) the qualified political party shall, no later than 5 p.m. on March 1 of each
even-numbered year, certify to the lieutenant governor the identity of one or more registered
political parties whose members may vote for the qualified political party's candidates 
and
whether unaffiliated voters may vote for the qualified political party's candidates
;
(2) the provisions of Subsections 
20A-9-403
(1) through (4)(a), Subsection
20A-9-403
(5)(c), and Section 
20A-9-405
 do not apply to a nomination for the qualified
political party;
(3) an individual may only seek the nomination of the qualified political party by using
a method described in Section 
20A-9-407
, Section 
20A-9-408
, or both;
(4) the qualified political party shall comply with the provisions of Sections
20A-9-407
, 
20A-9-408
, and 
20A-9-409
;
(5) notwithstanding Subsection 
20A-6-301
(1)(a), (1)(g), or (2)(a), each election officer
shall ensure that a ballot described in Section 
20A-6-301
 includes each person nominated by a
qualified political party:
(a) under the qualified political party's name and emblem, if any; or
(b) under the title of the qualified registered political party as designated by the
qualified political party in the certification described in Subsection (1), or, if none is
designated, then under some suitable title;
(6) notwithstanding Subsection 
20A-6-302
(1)(a), each election officer shall ensure, for
paper ballots in regular general elections, that each candidate who is nominated by the qualified
political party is listed by party;
(7) notwithstanding Subsection 
20A-6-303
(1)(g), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
printed immediately adjacent to the candidate's name on ballot sheets or ballot labels;
(8) notwithstanding Subsection 
20A-6-304
(1)(g), each election officer shall ensure that
the party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on an electronic ballot;
(9) "candidates for elective office," defined in Subsection 
20A-9-101
(1)(a), also
includes an individual who files a declaration of candidacy under Section 
20A-9-407
 or
20A-9-408
 to run in a regular general election for a federal office, constitutional office,
multicounty office, or county office;
(10) an individual who is nominated by, or seeking the nomination of, the qualified
political party is not required to comply with Subsection 
20A-9-201
(1)(c);
(11) notwithstanding Subsection 
20A-9-403
(3), the qualified political party is entitled
to have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(12) notwithstanding Subsection 
20A-9-403
(4)(a), the lieutenant governor shall include
on the list provided by the lieutenant governor to the county clerks:
(a) the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b) the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates from the
primary-election ballot;
(13) notwithstanding Subsection 
20A-9-403
(5)(c), a candidate who is unopposed for an
elective office in the regular primary election of the qualified political party is nominated by
the party for that office without appearing on the primary ballot; and
(14) notwithstanding the provisions of Subsections 
20A-9-403
(1) and (2) and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 5. Section 
20A-11-103
 is amended to read:
20A-11-103.
Notice of pending interim and summary reports -- Form of
submission -- Public availability -- Notice of reporting and filing requirements.
(1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
the chief election officer shall inform the filing entity by electronic mail unless postal mail is
requested:
(i) that the financial statement is due;
(ii) of the date that the financial statement is due; and
(iii) of the penalty for failing to file the financial statement.
(b) The chief election officer is not required to provide notice:
(i) to a candidate or political party of the financial statement that is due before the
candidate's or political party's political convention;
(ii) of a financial statement due in connection with a public hearing for an initiative
under the requirements of Section 
20A-7-204.1
; or
(iii) to a corporation or labor organization, as defined in Section 
20A-11-1501
.
(2) A filing entity shall electronically file a financial statement via electronic mail or
the Internet according to specifications established by the chief election officer.
(3) (a) A financial statement is considered timely filed if [
it
] 
the financial statement
 is
received by the chief election officer's office before [
the close of regular office hours on the
date that it
] 
midnight, Mountain Time, at the end of the day on which the financial statement
 is
due.
(b) For a county clerk's office that is not open until midnight at the end of the day on
which a financial statement is due, the county clerk shall permit a candidate to file the financial
statement via email or another electronic means designated by the county clerk.
[
(b)
] 
(c)
 A chief election officer may extend the time in which a filing entity is required
to file a financial statement if a filing entity notifies the chief election officer of the existence of
an extenuating circumstance that is outside the control of the filing entity.
(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
Access and Management Act, the lieutenant governor shall:
(a) make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b) post an electronic copy or the contents of each financial statement in a searchable
format on a website established by the lieutenant governor:
(i) for campaign finance statements submitted to the lieutenant governor under the
requirements of Section 
10-3-208
 or Section 
17-16-6.5
, no later than seven business days after
the date of receipt of the campaign finance statement; or
(ii) for a summary report or interim report filed under the requirements of this chapter
or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the
date the summary report or interim report is electronically filed.
(5) If a municipality, under Section 
10-3-208
, or a county, under Section 
17-16-6.5
,
elects to provide campaign finance disclosure on its own website, rather than through the
lieutenant governor, the website established by the lieutenant governor shall contain a link or
other access point to the municipality or county website.
(6) Between January 1 and January 15 of each year, the chief election officer shall
provide notice, by postal mail or email, to each filing entity for which the chief election officer
has a physical or email address, of the reporting and filing requirements described in this
chapter.
Section 6. Section 
20A-11-204
 is amended to read:
20A-11-204.
State office candidate and state officeholder -- Financial reporting
requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-201
(1)(a).
(b) Except as provided in Subsection (1)(c), each state office candidate shall file an
interim report at the following times in any year in which the candidate has filed a declaration
of candidacy for a public office:
(i) 
(A)
 seven days before the candidate's political convention; 
or
(B) for an unaffiliated candidate, the fourth Saturday in March;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(c) If a state office candidate is a state office candidate seeking appointment for a
midterm vacancy, the state office candidate:
(i) shall file an interim report:
(A) no later than seven days before the day on which the political party of the party for
which the state office candidate seeks nomination meets to declare a nominee for the governor
to appoint in accordance with Section 
20A-1-504
; or
(B) if a state office candidate decides to seek the appointment with less than seven days
before the party meets, or the political party schedules the meeting to declare a nominee less
than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
before the day on which the party meets; and
(ii) is not required to file an interim report at the times described in Subsection (1)(b).
(d) Each state officeholder who has a campaign account that has not been dissolved
under Section 
20A-11-205
 shall, in an even year, file an interim report at the following times,
regardless of whether an election for the state officeholder's office is held that year:
(i) 
(A)
 seven days before the political convention for the political party of the state
officeholder; 
or
(B) for an unaffiliated state officeholder, the fourth Saturday in March;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the state office candidate or state
officeholder is designated as an officer who has primary decision-making authority under
Section 
20A-11-601
.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a state office candidate or state
officeholder more than five days before the required filing date of a report required by this
section shall be included in the interim report.
Section 7. Section 
20A-11-206
 is amended to read:
20A-11-206.
State office candidate -- Failure to file reports -- Penalties.
(1) [
(a)
] A state office candidate who fails to file a financial statement [
by
] 
before
 the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
[
(b)
] 
(2)
 If a state office candidate fails to file an interim report described in
Subsections 
20A-11-204
(1)(b)(ii) through (iv), the lieutenant governor [
shall, after making a
reasonable attempt to discover if the report was timely filed,
] 
may send an electronic notice to
the state office candidate and the political party of which the state office candidate is a
member, if any, that states:
(a) that the state office candidate failed to timely file the report; and
(b) that, if the state office candidate fails to file the report within 24 hours after the
deadline for filing the report, the state office candidate will be disqualified and the political
party will not be permitted to replace the candidate.
(3) (a) The lieutenant governor shall disqualify a state office candidate and
 inform the
county clerk and other appropriate election officials that the state office candidate is
disqualified[
.
] 
if the state office candidate fails to file an interim report described in
Subsections 
20A-11-204
(1)(b)(ii) through (iv) within 24 hours after the deadline for filing the
report.
(b) The political party of a state office candidate who is disqualified under Subsection
(3)(a) may not replace the state office candidate.
[
(c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
provided in Section 
20A-1-501
.
]
[
(ii)
] 
(4) (a)
 If a state office candidate is disqualified under Subsection [
(1)(a)
] 
(3)(a)
,
the election official shall:
[
(A)
] 
(i)
 remove the 
state office
 candidate's name from the ballot; or
[
(B)
] 
(ii)
 if removing the 
state office
 candidate's name from the ballot is not
practicable, inform the voters by any practicable method that the 
state office
 candidate has been
disqualified and that votes cast for the 
state office
 candidate will not be counted.
[
(iii)
] 
(b)
 An election official may fulfill the requirement described in Subsection
[
(1)(c)(ii)(B)
] 
(4)(a)
 in relation to an absentee voter, including a military or overseas absentee
voter, by including with the absentee ballot a written notice directing the voter to a public
website that will inform the voter whether a candidate on the ballot is disqualified.
[
(d) Notwithstanding Subsections (1)(b) and (1)(c), a
]
(5) A
 state office candidate is not disqualified if:
[
(i)
] 
(a)
 the 
state office
 candidate timely files the reports [
required by this section
]
described in Subsections 
20A-11-204
(1)(b)(ii) through (iv)
 no later than [
the due date in
accordance with Section 
20A-11-103
] 
hours after the applicable deadlines for filing the
reports
;
[
(ii)
] 
(b)
 the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
[
(iii)
] 
(c)
 the omissions, errors, or inaccuracies described in Subsection [
(1)(d)(ii)
]
(5)(b)
 are corrected in[
: (A)
] an amended report[
;
] or [
(B)
] the next scheduled report.
[
(2)
] 
(6)
 (a) Within 30 days after a deadline for the filing of a summary report, the
lieutenant governor shall review each filed summary report to ensure that:
(i) each state office candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that any state office candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the state office candidate of the violation or
written complaint and direct the state office candidate to file a summary report correcting the
problem.
(c) (i) It is unlawful for [
any
] 
a
 state office candidate to fail to file or amend a summary
report within seven days after receiving notice from the lieutenant governor [
under this section
]
described in this Subsection (6)
.
(ii) Each state office candidate who violates Subsection [
(2)
] 
(6)
(c)(i) is guilty of a
class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection [
(2)
] 
(6)
(c)(i) to
the attorney general.
(iv) In addition to the criminal penalty described in Subsection [
(2)
] 
(6)
(c)(ii), the
lieutenant governor shall impose a civil fine of $100 against a state office candidate who
violates Subsection [
(2)
] 
(6)
(c)(i).
Section 8. Section 
20A-11-303
 is amended to read:
20A-11-303.
Legislative office candidate and legislative officeholder -- Financial
reporting requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-301
(1)(a)(i).
(b) Except as provided in Subsection (1)(d), each legislative office candidate shall file
an interim report at the following times in any year in which the candidate has filed a
declaration of candidacy for a public office:
(i) 
(A)
 seven days before the candidate's political convention; 
or
(B) for an unaffiliated candidate, the fourth Saturday in March;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
(c) Each legislative officeholder who has a campaign account that has not been
dissolved under Section 
20A-11-304
 shall, in an even year, file an interim report at the
following times, regardless of whether an election for the legislative officeholder's office is
held that year:
(i) 
(A)
 seven days before the political convention for the political party of the
legislative officeholder; 
or
(B) for an unaffiliated legislative officeholder, the fourth Saturday in March;
(ii) seven days before the regular primary election date for that year;
(iii) September 30; and
(iv) seven days before the regular general election date.
(d) If a legislative office candidate is a legislative office candidate seeking appointment
for a midterm vacancy, the legislative office candidate:
(i) shall file an interim report:
(A) no later than seven days before the day on which the political party of the party for
which the legislative office candidate seeks nomination meets to declare a nominee for the
governor to appoint in accordance with Section 
20A-1-503
; or
(B) if a legislative office candidate decides to seek the appointment with less than
seven days before the party meets, or the political party schedules the meeting to declare a
nominee less than seven days before the day of the meeting, no later than 5 p.m. on the last day
of business before the day on which the party meets; and
(ii) is not required to file an interim report at the times described in Subsection (1)(b).
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the legislative office candidate or
legislative officeholder is designated as an officer who has primary decision-making authority
under Section 
20A-11-601
.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a legislative office candidate or
legislative officeholder more than five days before the required filing date of a report required
by this section shall be included in the interim report.
Section 9. Section 
20A-11-305
 is amended to read:
20A-11-305.
Legislative office candidate -- Failure to file report -- Penalties.
(1) [
(a)
] A legislative office candidate who fails to file a financial statement [
by
] 
before
the deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
[
(b)
] 
(2)
 If a legislative office candidate fails to file an interim report described in
Subsections 
20A-11-303
(1)(b)(ii) through (iv), the lieutenant governor [
shall, after making a
reasonable attempt to discover if the report was timely filed,
] 
may send an electronic notice to
the legislative office candidate and the political party of which the legislative office candidate
is a member, if any, that states:
(a) that the legislative office candidate failed to timely file the report; and
(b) that, if the legislative office candidate fails to file the report within 24 hours after
the deadline for filing the report, the legislative office candidate will be disqualified and the
political party will not be permitted to replace the candidate.
(3) (a) The lieutenant governor shall disqualify a legislative office candidate and
inform the county clerk and other appropriate election officials that the legislative office
candidate is disqualified[
.
] 
if the legislative office candidate fails to file an interim report
described in Subsections 
20A-11-303
(1)(b)(ii) through (iv) within 24 hours after the deadline
for filing the report.
(b) The political party of a legislative office candidate who is disqualified under
Subsection (3)(a) may not replace the legislative office candidate.
[
(c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
provided in Section 
20A-1-501
.
]
[
(ii)
] 
(4) (a)
 If a legislative office candidate is disqualified under Subsection [
(1)(a)
]
(3)(a)
, the election officer shall:
[
(A)
] 
(i)
 remove the 
legislative office
 candidate's name from the ballot; or
[
(B)
] 
(ii)
 if removing the 
legislative office
 candidate's name from the ballot is not
practicable, inform the voters by any practicable method that the 
legislative office
 candidate
has been disqualified and that votes cast for the 
legislative office
 candidate will not be counted.
[
(d) Notwithstanding Subsections (1)(b) and (1)(c), a
]
(b) An election official may fulfill the requirement described in Subsection (4)(a) in
relation to an absentee voter, including a military or overseas absentee voter, by including with
the absentee ballot a written notice directing the voter to a public website that will inform the
voter whether a candidate on the ballot is disqualified.
(5) A
 legislative office candidate is not disqualified if:
[
(i)
] 
(a)
 the 
legislative office
 candidate [
timely
] files the reports [
required by this
section
] 
described in Subsections 
20A-11-303
(1)(b)(ii) through (iv)
 no later than [
the due date
in accordance with Section 
20A-11-103
] 
hours after the applicable deadlines for filing the
reports
;
[
(ii)
] 
(b)
 the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
[
(iii)
] 
(c)
 the omissions, errors, or inaccuracies described in Subsection [
(1)(d)(ii)
]
(5)(b)
 are corrected in[
: (A)
] an amended report[
;
] or [
(B)
] the next scheduled report.
[
(2)
] 
(6)
 (a) Within 30 days after a deadline for the filing of a summary report, the
lieutenant governor shall review each filed summary report to ensure that:
(i) each legislative office candidate that is required to file a summary report has filed
one; and
(ii) each summary report contains the information required by this part.
(b) If it appears that any legislative office candidate has failed to file the summary
report required by law, if it appears that a filed summary report does not conform to the law, or
if the lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the legislative office candidate of the
violation or written complaint and direct the legislative office candidate to file a summary
report correcting the problem.
(c) (i) It is unlawful for [
any
] 
a
 legislative office candidate to fail to file or amend a
summary report within seven days after receiving notice from the lieutenant governor [
under
this section
] 
described in this Subsection (6)
.
(ii) Each legislative office candidate who violates Subsection [
(2)
] 
(6)
(c)(i) is guilty of
a class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection [
(2)
] 
(6)
(c)(i) to
the attorney general.
(iv) In addition to the criminal penalty described in Subsection [
(2)
] 
(6)
(c)(ii), the
lieutenant governor shall impose a civil fine of $100 against a legislative office candidate who
violates Subsection [
(2)
] 
(6)
(c)(i).
Section 10. Section 
20A-14-104
 is amended to read:
20A-14-104.
Becoming a candidate for membership on the State Board of
Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
(1) (a) [
Persons
] 
An individual
 interested in becoming a candidate for the State Board
of Education shall
:
(i) (A) for the 2016 general election,
 file a declaration of candidacy [
according to
]
, in
accordance with
 the procedures and requirements of Sections 
20A-9-201
 and 
20A-9-202
[
.
]
,
before 5 p.m. on March 17, 2016; or
(B) for a general election held after 2016, file a declaration of candidacy, in accordance
with the procedures and requirements of Sections 
20A-9-201
 and 
20A-9-202
, 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
(ii) pay the filing fee described in Section 
20A-9-202
.
(b) By May 1 of the year in which a State Board of Education member's term expires,
the lieutenant governor shall submit the name of each person who has filed a declaration of
candidacy for the State Board of Education to the nominating and recruiting committee for the
State Board of Education.
(2) By November 1 of the year preceding each regular general election year, a
nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
shall be appointed by the governor as follows:
(a) one member shall be appointed to represent each of the following business and
industry sectors:
(i) manufacturing and mining;
(ii) transportation and public utilities;
(iii) service, trade, and information technology;
(iv) finance, insurance, and real estate;
(v) construction; and
(vi) agriculture; and
(b) one member shall be appointed to represent each of the following education
sectors:
(i) teachers;
(ii) school administrators;
(iii) parents;
(iv) local school board members;
(v) charter schools; and
(vi) higher education.
(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
through (vi) shall be appointed from lists containing at least two names submitted by
organizations representing each of the respective sectors.
(b) At least one member of the nominating and recruiting committee shall reside within
each state board district in which a member's term expires during the committee's two-year
term of office.
(4) (a) The members shall elect one member to serve as chair for the committee.
(b) The chair, or another member of the committee designated by the chair, shall
schedule and convene all committee meetings.
(c) Any formal action by the committee requires the approval of a majority of
committee members.
(d) Members of the nominating and recruiting committee shall serve without
compensation, but they may be reimbursed for expenses incurred in the performance of their
official duties as established by the Division of Finance.
(5) The nominating and recruiting committee shall:
(a) recruit potential candidates for membership on the State Board of Education prior
to the deadline to file a declaration of candidacy;
(b) prepare a list of candidates for membership on the State Board of Education for
each state board district subject to election in that year using the qualifications under
Subsection (6);
(c) submit a list of at least three candidates for each state board position to the
governor by July 1; and
(d) ensure that the list includes appropriate background information on each candidate.
(6) The nominating committee shall select a broad variety of candidates who possess
outstanding professional qualifications relating to the powers and duties of the State Board of
Education, including experience in the following areas:
(a) business and industry administration;
(b) business and industry human resource management;
(c) business and industry finance;
(d) business and industry, including expertise in:
(i) metrics and evaluation;
(ii) manufacturing;
(iii) retailing;
(iv) natural resources;
(v) information technology;
(vi) construction;
(vii) banking;
(viii) science and engineering; and
(ix) medical and healthcare;
(e) higher education administration;
(f) applied technology education;
(g) public education administration;
(h) public education instruction;
(i) economic development;
(j) labor; and
(k) other life experiences that would benefit the State Board of Education.
Section 11. Section 
20A-14-203
 is amended to read:
20A-14-203.
Becoming a member of a local board of education -- Declaration of
candidacy -- Election.
(1) An individual may become a candidate for a local school board
:
(a) (i) in the 2016 general election,
 by filing a declaration of candidacy with the county
clerk [
and
]
, in accordance with Section 
20A-9-202
, before 5 p.m. on March 17, 2016; or
(ii) in a general election held after 2016, by filing a declaration of candidacy with the
county clerk 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) by
 paying the fee [
as required by
] 
described in
 Section 
20A-9-202
.
(2) (a) The term of office for an individual elected to a local board of education is four
years, beginning on the first Monday in January after the election.
(b) A member of a local board of education shall serve until a successor is elected or
appointed and qualified.
(c) A member of a local board of education is "qualified" when the member takes or
signs the constitutional oath of office.
Section 12. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.