Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 78 Third Substitute (2016GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 3/17/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals provisions relating to the Nominating and Recruiting Committee for the office of State Board of Education member;
• for the 2016 election year only, provides that candidates for the office of State Board of Education member participate in a nonpartisan primary election to narrow the number of candidates who participate in the general election;
• beginning with the 2018 election year:
• provides that members of the State Board of Education are elected through partisan election; and
• modifies the reporting requirements of candidates for, and officeholders on, the State Board of Education; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE BOARD OF EDUCATION CANDIDATE SELECTION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Bradley G. Last
LONG TITLE
General Description:
This bill amends provisions of the Election Code relating to the election of State Board
of Education members.
Highlighted Provisions:
This bill:
▸ repeals provisions relating to the Nominating and Recruiting Committee for the
office of State Board of Education member;
▸ for the 2016 election year only, provides that candidates for the office of State
Board of Education member participate in a nonpartisan primary election to narrow
the number of candidates who participate in the general election;
▸ beginning with the 2018 election year:
• provides that members of the State Board of Education are elected through
partisan election; and
• modifies the reporting requirements of candidates for, and officeholders on, the
State Board of Education; 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:
20A-1-102
, as last amended by Laws of Utah 2015, Chapters 296, 352, and 392
20A-1-504
, as last amended by Laws of Utah 2010, Chapter 197
20A-9-201
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-403
, as last amended by Laws of Utah 2015, Chapter 296
20A-9-408
, as last amended by Laws of Utah 2015, Chapter 296
20A-11-403
, as last amended by Laws of Utah 2013, Chapter 420
20A-11-1301
, as last amended by Laws of Utah 2015, Chapters 21 and 127
20A-11-1303
, as last amended by Laws of Utah 2015, Chapter 204
20A-11-1305
, as last amended by Laws of Utah 2015, Chapter 204
20A-14-103
, as last amended by Laws of Utah 2011, Third Special Session, Chapter 3
20A-14-104
, as last amended by Laws of Utah 2004, Chapter 19
63I-2-220
, as last amended by Laws of Utah 2014, Chapter 3
ENACTS:
20A-14-104.1
, Utah Code Annotated 1953
REPEALS:
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
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-102
 is amended to read:
20A-1-102.
Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive
voter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
upon which a voter records the voter's votes.
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
envelopes.
(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
(a) contain the names of offices and candidates and statements of ballot propositions to
be voted on; and
(b) are used in conjunction with ballot sheets that do not display that information.
(5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature;
(b) a constitutional amendment;
(c) an initiative;
(d) a referendum;
(e) a bond proposition;
(f) a judicial retention question;
(g) an incorporation of a city or town; or
(h) any other ballot question specifically authorized by the Legislature.
(6) "Ballot sheet":
(a) means a ballot that:
(i) consists of paper or a card where the voter's votes are marked or recorded; and
(ii) can be counted using automatic tabulating equipment; and
(b) includes punch card ballots and other ballots that are machine-countable.
(7) "Bind," "binding," or "bound" means securing more than one piece of paper
together with a staple or stitch in at least three places across the top of the paper in the blank
space reserved for securing the paper.
(8) "Board of canvassers" means the entities established by Sections 
20A-4-301
 and
20A-4-306
 to canvass election returns.
(9) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(10) "Book voter registration form" means voter registration forms contained in a
bound book that are used by election officers and registration agents to register persons to vote.
(11) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(12) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(13) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(15) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(16) "Convention" means the political party convention at which party officers and
delegates are selected.
(17) "Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(18) "Counting judge" means a poll worker designated to count the ballots during
election day.
(19) "Counting poll watcher" means a person selected as provided in Section
20A-3-201
 to witness the counting of ballots.
(20) "Counting room" means a suitable and convenient private place or room,
immediately adjoining the place where the election is being held, for use by the poll workers
and counting judges to count ballots during election day.
(21) "County officers" means those county officers that are required by law to be
elected.
(22) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election
occurs; and
(b) does not include:
(i) deadlines established for absentee voting; or
(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
Voting.
(23) "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
;
(b) a person who is considered to be elected to a municipal office in accordance with
Subsection 
20A-1-206
(1)(c)(ii); or
(c) a person who is considered to be elected to a local district office in accordance with
Subsection 
20A-1-206
(3)(c)(ii).
(24) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal
primary election, and a local district election.
(25) "Election Assistance Commission" means the commission established by [
Public
Law 107-252,
] the Help America Vote Act of 2002
, Pub. L. No. 107-252
.
(26) "Election cycle" means the period beginning on the first day persons are eligible to
file declarations of candidacy and ending when the canvass is completed.
(27) "Election judge" means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place;
(b) act as the presiding election judge; or
(c) serve as a canvassing judge, counting judge, or receiving judge.
(28) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(c) the municipal clerk for:
(i) a municipal ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(d) the local district clerk or chief executive officer for:
(i) a local district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
; or
(e) the business administrator or superintendent of a school district for:
(i) a school district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
.
(29) "Election official" means any election officer, election judge, or poll worker.
(30) "Election results" means:
(a) for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b) for bond elections, the count of those votes cast for and against the bond
proposition plus any or all of the election returns that the board of canvassers may request.
(31) "Election returns" includes the pollbook, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
form, and the total votes cast form.
(32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
device or other voting device that records and stores ballot information by electronic means.
(33) "Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign
the record.
(34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
(b) "Electronic voting device" includes a direct recording electronic voting device.
(35) "Inactive voter" means a registered voter who has:
(a) been sent the notice required by Section 
20A-2-306
; and
(b) failed to respond to that notice.
(36) "Inspecting poll watcher" means a person selected as provided in this title to
witness the receipt and safe deposit of voted and counted ballots.
(37) "Judicial office" means the office filled by any judicial officer.
(38) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
(39) "Local district" means a local government entity under Title 17B, Limited Purpose
Local Government Entities - Local Districts, and includes a special service district under Title
17D, Chapter 1, Special Service District Act.
(40) "Local district officers" means those local district board members that are required
by law to be elected.
(41) "Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a local district election, and a bond
election.
(42) "Local political subdivision" means a county, a municipality, a local district, or a
local school district.
(43) "Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision may
vote.
(44) "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 
10-3b-102
;
(b) the mayor in the council-manager form of government defined in Subsection
10-3b-103
(7); or
(c) the chair of a metro township form of government defined in Section 
10-3b-102
.
(45) "Municipal general election" means the election held in municipalities and, as
applicable, local districts on the first Tuesday after the first Monday in November of each
odd-numbered year for the purposes established in Section 
20A-1-202
.
(46) "Municipal legislative body" means:
(a) the council of the city or town in any form of municipal government; or
(b) the council of a metro township.
(47) "Municipal office" means an elective office in a municipality.
(48) "Municipal officers" means those municipal officers that are required by law to be
elected.
(49) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(50) "Official ballot" means the ballots distributed by the election officer to the poll
workers to be given to voters to record their votes.
(51) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) (A) for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection 
20A-6-401
(1)(b)(iii); or
(B) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(c)(iii); and
(b) the information on the ballot stub that identifies:
(i) the poll worker's initials; and
(ii) the ballot number.
(52) "Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section 
20A-5-401
.
(53) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be
voted on; and
(b) spaces for the voter to record the voter's vote for each office and for or against each
ballot proposition.
(54) "Pilot project" means the election day voter registration pilot project created in
Section 
20A-4-108
.
(55) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party Formation
and Procedures.
(56) "Pollbook" means a record of the names of voters in the order that they appear to
cast votes.
(57) "Polling place" means the building where voting is conducted.
(58) (a) "Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
(59) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks the voter's choice.
(60) "Primary convention" means the political party conventions held during the year
of the regular general election.
(61) "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
(62) "Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(63) "Provisional ballot" means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place;
(b) whose legal right to vote is challenged as provided in this title; or
(c) whose identity was not sufficiently established by a poll worker.
(64) "Provisional ballot envelope" means an envelope printed in the form required by
Section 
20A-6-105
 that is used to identify provisional ballots and to provide information to
verify a person's legal right to vote.
(65) "Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the person was elected.
(66) "Receiving judge" means the poll worker that checks the voter's name in the
official register, provides the voter with a ballot, and removes the ballot stub from the ballot
after the voter has voted.
(67) "Registration form" means a book voter registration form and a by-mail voter
registration form.
(68) "Regular ballot" means a ballot that is not a provisional ballot.
(69) "Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 
20A-1-201
.
(70) "Regular primary election" means the election on the fourth Tuesday of June of
each even-numbered year, to nominate candidates of political parties and candidates for
nonpartisan 
State Board of Education and
 local school board positions to advance to the regular
general election.
(71) "Resident" means a person who resides within a specific voting precinct in Utah.
(72) "Sample ballot" means a mock ballot similar in form to the official ballot printed
and distributed as provided in Section 
20A-5-405
.
(73) "Scratch vote" means to mark or punch the straight party ticket and then mark or
punch the ballot for one or more candidates who are members of different political parties or
who are unaffiliated.
(74) "Secrecy envelope" means the envelope given to a voter along with the ballot into
which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
the voter's vote.
(75) "Special election" means an election held as authorized by Section 
20A-1-203
.
(76) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
(77) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(78) "Stub" means the detachable part of each ballot.
(79) "Substitute ballots" means replacement ballots provided by an election officer to
the poll workers when the official ballots are lost or stolen.
(80) "Ticket" means each list of candidates for each political party or for each group of
petitioners.
(81) "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(82) "Vacancy" means the absence of a person to serve in any position created by
statute, whether that absence occurs because of death, disability, disqualification, resignation,
or other cause.
(83) "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which may
include:
(i) a currently valid Utah driver license;
(ii) a currently valid identification card that is issued by:
(A) the state; or
(B) a branch, department, or agency of the United States;
(iii) a currently valid Utah permit to carry a concealed weapon;
(iv) a currently valid United States passport; or
(v) a currently valid United States military identification card;
(b) one of the following identification cards, whether or not the card includes a
photograph of the voter:
(i) a valid tribal identification card;
(ii) a Bureau of Indian Affairs card; or
(iii) a tribal treaty card; or
(c) two forms of identification not listed under Subsection (83)(a) or (b) but that bear
the name of the voter and provide evidence that the voter resides in the voting precinct, which
may include:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;
(ii) a bank or other financial account statement, or a legible copy thereof;
(iii) a certified birth certificate;
(iv) a valid Social Security card;
(v) a check issued by the state or the federal government or a legible copy thereof;
(vi) a paycheck from the voter's employer, or a legible copy thereof;
(vii) a currently valid Utah hunting or fishing license;
(viii) certified naturalization documentation;
(ix) a currently valid license issued by an authorized agency of the United States;
(x) a certified copy of court records showing the voter's adoption or name change;
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii) a currently valid identification card issued by:
(A) a local government within the state;
(B) an employer for an employee; or
(C) a college, university, technical school, or professional school located within the
state; or
(xiii) a current Utah vehicle registration.
(84) "Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
(85) "Voter" means a person who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book.
(86) "Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(87) "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(88) "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting machine enclosure or curtain; or
(b) a voting device that is free standing.
(89) "Voting device" means:
(a) an apparatus in which ballot sheets are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance;
(c) an electronic voting device or other device used to make selections and cast a ballot
electronically, or any component thereof;
(d) an automated voting system under Section 
20A-5-302
; or
(e) any other method for recording votes on ballots so that the ballot may be tabulated
by means of automatic tabulating equipment.
(90) "Voting machine" means a machine designed for the sole purpose of recording
and tabulating votes cast by voters at an election.
(91) "Voting poll watcher" means a person appointed as provided in this title to
witness the distribution of ballots and the voting process.
(92) "Voting precinct" means the smallest voting unit established as provided by law
within which qualified voters vote at one polling place.
(93) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
poll watcher, and a testing watcher.
(94) "Western States Presidential Primary" means the election established in Chapter 9,
Part 8, Western States Presidential Primary.
(95) "Write-in ballot" means a ballot containing any write-in votes.
(96) "Write-in vote" means a vote cast for a person whose name is not printed on the
ballot according to the procedures established in this title.
Section 2. Section 
20A-1-504
 is amended to read:
20A-1-504.
Midterm vacancies in the offices of attorney general, state treasurer,
state auditor, state Board of Education member, and lieutenant governor.
(1) (a) When a vacancy occurs for any reason in the office of attorney general, state
treasurer, [
or
] state auditor, [
it
] 
or State Board of Education member, the vacancy
 shall be filled
for the unexpired term at the next regular general election.
(b) The governor shall fill the vacancy until the next regular general election by
appointing a person who meets the qualifications for the office from three persons nominated
by the state central committee of the same political party as the prior officeholder.
(2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
consent of the Senate, appoint a person to hold the office until the next regular general election
at which the governor stands for election.
(3) For a State Board of Education member vacancy, if the individual who is being
replaced is not a member of a political party, or if the member was elected at or before the 2016
regular general election, the governor shall fill the vacancy, with the consent of the Senate, by
selecting an individual who meets the qualifications and residency requirements for filling the
vacancy described in Section 
20A-14-103
.
Section 3. 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,
state:
(i) the registered political party of which the person is a member; or
(ii) that the person is not a member of a registered political party.
(2) (a) Except as provided in Subsection (2)(b), an individual may not:
(i) file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year;
(ii) appear on the ballot as the candidate of more than one political party; or
(iii) file a declaration of candidacy for a registered political party of which the
individual is not a member, except to the extent that the registered political party permits
otherwise in the registered political party's bylaws.
(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)
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) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether [
or not
] the candidate meets those
requirements.
(ii) 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 United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
(C) a registered voter in the county in which the person is seeking office; and
(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) 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 United States citizen;
(B) an attorney licensed to practice law in Utah who is an active member in good
standing of the Utah State Bar;
(C) a registered voter in the prosecution district in which the person is seeking office;
and
(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) 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) as of the date of filing:
(I) is a United States citizen;
(II) is a registered voter in the county in which the person seeks office;
(III) (Aa) 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) has met the waiver requirements in Section 
53-6-206
; and
(IV) is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(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) 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) that the person filing the declaration of candidacy also files the financial disclosure
required by Section 
20A-11-1603
; and
(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) 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) If the candidate meets the requirements of Subsection (3)(a) and states that the
requirements of candidacy are met, the filing officer shall:
(i) inform the candidate that:
(A) the candidate's name will appear on the ballot as [
it
] 
the candidate's name
 is written
on the declaration of candidacy;
(B) the candidate may be required to comply with state or local campaign finance
disclosure laws; and
(C) the candidate is required to file a financial statement before the candidate's political
convention under:
(I) Section 
20A-11-204
 for a candidate for constitutional office;
(II) Section 
20A-11-303
 for a candidate for the Legislature; or
(III) local campaign finance disclosure laws, if applicable;
(ii) 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) 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) 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) signing the pledge is voluntary; and
(B) signed pledges shall be filed with the filing officer;
(v) accept the candidate's declaration of candidacy; and
(vi) 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) If the candidate elects to sign the pledge of fair campaign practices, the filing
officer shall:
(i) accept the candidate's pledge; and
(ii) 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) (a) Except for presidential candidates 
and State Board of Education candidates
, the
form of the declaration of candidacy shall:
(i) be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of 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)."; and
(ii) require the candidate to state, in the sworn statement described in Subsection
(4)(a)(i):
(A) the registered political party of which the candidate is a member; or
(B) that the candidate is not a member of a registered political party.
(b) An agent designated to file a declaration of candidacy under Section 
20A-9-202
may not sign the form described in Subsection (4)(a).
(5) (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) The county clerk shall immediately pay to the county treasurer all fees received
from candidates.
(ii) The lieutenant governor shall:
(A) apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
(B) 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) 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) A person who is able to pay the filing fee may not claim impecuniosity.
(iii) (A) 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) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
considered an offense under this title for the purposes of assessing the penalties provided in
Subsection 
20A-1-609
(2).
(iv) 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) 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) The filing officer may request that a person who makes a claim of impecuniosity
under this Subsection (5)(d) file a financial statement on a form prepared by the election
official.
(6) (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)(a)(i)(A).
(7) 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 declaration of candidacy filed under this section may not be amended or
modified after the final date established for filing a declaration of candidacy.
(9) (a) The form of the declaration of candidacy for the office of State Board of
Education member shall be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of State Board of Education
member. 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 (9)(a).
Section 4. 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).
(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; and
(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.
(b) (i) 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.
(ii) An organization that is seeking to become a registered political party under Section
20A-8-103
 must file the statement described in Subsection (2)(a) at the time that the registered
political party files the petition described in Section 
20A-8-103
.
(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 the person's party membership on the person's voter registration form; 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 made under Subsection (3)(f).
(e) Notwithstanding any other provision in this 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).
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, shall make rules that:
(i) provide for the use of statistical sampling procedures that:
(A) filing officers are required to use to verify signatures under Subsection (3)(d); and
(B) reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii) 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
State Board of Education and
 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 
State Board of
Education or
 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. 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.
(8) An individual may not file a declaration of candidacy for a registered political party
of which the individual is not a member, except to the extent that the registered political party
permits otherwise under the registered political party's bylaws.
Section 5. Section 
20A-9-408
 is amended to read:
20A-9-408.
Signature-gathering process to seek the nomination of a 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 process described in this section.
(2) Notwithstanding Subsection 
20A-9-201
(4)(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
described in Section 
20A-9-408.5
.
(3) Notwithstanding Subsection 
20A-9-202
(1)(a), and except as provided in Subsection
20A-9-202
(4), 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)(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)(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, 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 State Board of Education race, the lesser of:
(A) 2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for the qualified
political party's candidates in a primary election; or
(B) 3% of the registered voters of the qualified political party who are residents of the
applicable State Board of Education district; and
[
(v)
] 
(vi)
 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, using the same
circulation and verification requirements described in Sections 
20A-7-204
 and 
20A-7-205
; 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 6. Section 
20A-11-403
 is amended to read:
20A-11-403.
Failure to file -- Penalties.
(1) 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:
(a) each officeholder that is required to file a summary report has filed one; and
(b) each summary report contains the information required by this part.
(2) If it appears that any officeholder 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, if the lieutenant governor determines that a
violation has occurred:
(a) impose a fine against the filing entity in accordance with Section 
20A-11-1005
; and
(b) within five days of discovery of a violation or receipt of a written complaint, notify
the officeholder of the violation or written complaint and direct the officeholder to file a
summary report correcting the problem.
(3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
within seven days after receiving notice from the lieutenant governor under this section.
(b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
attorney general.
(d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
governor shall impose a civil fine of $100 against an officeholder who violates Subsection
(3)(a).
(4) Within 30 days after a deadline for the filing of an interim report by an officeholder
under Subsection 
20A-11-204
(1)(c), 
20A-11-303
(1)(c), or 
20A-11-1303
(1)[
(c)
]
(d)
, the
lieutenant governor shall review each filed interim report to ensure that each interim report
contains the information required for the report.
(5) If it appears that any officeholder has failed to file an interim report required by
law, if it appears that a filed interim 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
interim report, the lieutenant governor shall, if the lieutenant governor determines that a
violation has occurred:
(a) impose a fine against the filing entity in accordance with Section 
20A-11-1005
; and
(b) within five days after the day on which the violation is discovered or a written
complaint is received, notify the officeholder of the violation or written complaint and direct
the officeholder to file an interim report correcting the problem.
(6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
within seven days after the day on which the officeholder receives notice from the lieutenant
governor under this section.
(b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
attorney general.
(d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
governor shall impose a civil fine of $100 against an officeholder who violates Subsection
(6)(a).
Section 7. Section 
20A-11-1301
 is amended to read:
20A-11-1301.
School board office candidate -- Campaign finance requirements --
Candidate as a political action committee officer -- No personal use -- Contribution
reporting deadline -- Report other accounts -- Anonymous contributions.
(1) (a) (i) Each school board office candidate shall deposit each contribution and public
service assistance received in one or more separate accounts in a financial institution that are
dedicated only to that purpose.
(ii) A school board office candidate may:
(A) receive a contribution or public service assistance from a political action
committee registered under Section 
20A-11-601
; and
(B) be designated by a political action committee as an officer who has primary
decision-making authority as described in Section 
20A-11-601
.
(b) A school board office candidate may not use money deposited in an account
described in Subsection (1)(a)(i) for:
(i) a personal use expenditure; or
(ii) an expenditure prohibited by law.
(2) A school board office candidate may not deposit or mingle any contributions or
public service assistance received into a personal or business account.
(3) A school board office candidate may not make any political expenditures prohibited
by law.
(4) If a person who is no longer a school board 
office
 candidate chooses not to expend
the money remaining in a campaign account, the person shall continue to file the year-end
summary report required by Section 
20A-11-1302
 until the statement of dissolution and final
summary report required by Section 
20A-11-1304
 are filed with the lieutenant governor.
(5) (a) Except as provided in Subsection (5)(b) and Section 
20A-11-402
, a person who
is no longer a school board 
office
 candidate may not expend or transfer the money in a
campaign account in a manner that would cause the former school board 
office
 candidate to
recognize the money as taxable income under federal tax law.
(b) A person who is no longer a school board 
office
 candidate may transfer the money
in a campaign account in a manner that would cause the former school board 
office
 candidate
to recognize the money as taxable income under federal tax law if the transfer is made to a
campaign account for federal office.
(6) (a) As used in this Subsection (6) [
and Section 
20A-11-1303
], "received" means[
:
]
the same as that term is defined in Subsection 
20A-11-1303
(1)(a).
[
(i) for a cash contribution, that the cash is given to a school board office candidate or a
member of the candidate's personal campaign committee;
]
[
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
]
[
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the school board office candidate.
]
(b) Each school board office candidate shall report to the chief election officer each
contribution and public service assistance received by the school board office candidate:
(i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
the contribution or public service assistance is received; or
(ii) within three business days after the day on which the contribution or public service
assistance is received, if:
(A) the school board office candidate is contested in a primary election and the
contribution or public service assistance is received within 30 days before the day on which the
primary election is held; or
(B) the school board office candidate is contested in a general election and the
contribution or public service assistance is received within 30 days before the day on which the
general election is held.
(c) For each contribution or provision of public service assistance that a school board
office candidate fails to report within the time period described in Subsection (6)(b), the chief
election officer shall impose a fine against the school board office candidate in an amount
equal to:
(i) (A) 10% of the amount of the contribution, if the school board office candidate
reports the contribution within 60 days after the day on which the time period described in
Subsection (6)(b) ends; or
(B) 20% of the amount of the contribution, if the school board office candidate fails to
report the contribution within 60 days after the day on which the time period described in
Subsection (6)(b) ends; or
(ii) (A) 10% of the value of the public service assistance, if the school board office
candidate reports the public service assistance within 60 days after the day on which the time
period described in Subsection (6)(b) ends; or
(B) 20% of the amount of the public service assistance, if the school board office
candidate fails to report the public service assistance within 60 days after the day on which the
time period described in Subsection (6)(b) ends.
(d) The chief election officer shall:
(i) deposit money received under Subsection (6)(c) into the General Fund; and
(ii) report on the chief election officer's website, in the location where reports relating
to each school board office candidate are available for public access:
(A) each fine imposed by the chief election officer against the school board office
candidate;
(B) the amount of the fine;
(C) the amount of the contribution to which the fine relates; and
(D) the date of the contribution.
(7) Within 30 days after receiving a contribution that is cash or a negotiable
instrument, exceeds $50, and is from an unknown source, a school board office candidate shall
disburse 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) (a) As used in this Subsection (8), "account" means an account in a financial
institution:
(i) that is not described in Subsection (1)(a)(i); and
(ii) into which or from which a person who, as a candidate for an office, other than a
school board office for which the person files a declaration of candidacy or federal office, or as
a holder of an office, other than a school board office for which the person files a declaration of
candidacy or federal office, deposits a contribution or makes an expenditure.
(b) A school board office candidate shall include on any financial statement filed in
accordance with this part:
(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.
Section 8. Section 
20A-11-1303
 is amended to read:
20A-11-1303.
School board office candidate and school board officeholder --
Financial reporting requirements -- Interim reports.
(1) (a) As used in this section, "received" means:
(i) for a cash contribution, that the cash is given to a school board office candidate or a
member of the school board office candidate's personal campaign committee;
(ii) for a contribution that is a check or other negotiable instrument, that the check or
other negotiable instrument is negotiated; or
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the school board office candidate.
[
(1) (a)
] 
(b)
 As used in this Subsection (1), "campaign account" means a separate
campaign account required under Subsection 
20A-11-1301
(1)(a)(i).
[
(b)
] 
(c)
 Each school board 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) May 15;
]
(i) (A) seven days before the political convention for the political party of the school
board office candidate; or
(B) May 15, if the school board office candidate does not affiliate with a political
party;
(ii) seven days before the regular primary election date;
(iii) September 30; and
(iv) seven days before the regular general election date.
[
(c)
] 
(d)
 Each school board [
office holder
] 
officeholder
 who has a campaign account
that has not been dissolved under Section 
20A-11-1304
 shall, in an even year, file an interim
report at the following times, regardless of whether an election for the school board [
office
holder's
] 
officeholder's
 office is held that year:
[
(i) May 15;
]
(i) (A) seven days before the political convention for the political party of the school
board officeholder; or
(B) May 15, if the school board officeholder does not affiliate with a political party;
(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.
(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 school board office candidate
or school board [
office holder
] 
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 school board office candidate or
school board [
office holder
] 
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-11-1305
 is amended to read:
20A-11-1305.
School board office candidate -- Failure to file statement --
Penalties.
(1) (a) A school board office candidate who fails to file a financial statement by the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(b) If a school board office candidate fails to file an interim report described in
Subsections 
20A-11-1303
(1)[
(b)
]
(c)
(ii) through (iv), the chief election officer shall, after
making a reasonable attempt to discover if the report was timely filed, inform the county clerk
and other appropriate election officials who:
(i) (A) shall, if practicable, remove the name of the candidate from the ballots before
the ballots are delivered to voters; or
(B) 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) may not count any votes for that candidate.
(c) Any school board office candidate who fails to file timely a financial statement
required by Subsection 
20A-11-1303
(1)[
(b)
]
(c)
(ii), (iii), or (iv) is disqualified.
(d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
not disqualified and the chief election officer may not impose a fine if:
(i) the candidate timely files the reports required by this section in accordance with
Section 
20A-11-103
;
(ii) those reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
corrected in:
(A) an amended report; or
(B) the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report by a school
board office candidate, the lieutenant governor shall review each filed summary report to
ensure that:
(i) each school board 
office
 candidate [
that
] 
who
 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 a school board 
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 school board 
office
 candidate of the
violation or written complaint and direct the school board 
office
 candidate to file a summary
report correcting the problem.
(c) (i) It is unlawful for a school board 
office
 candidate to fail to file or amend a
summary report within seven days after receiving notice from the lieutenant governor under
this section.
(ii) Each school board 
office
 candidate who violates Subsection (2)(c)(i) is guilty of a
class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a school board 
office
 candidate who violates
Subsection (2)(c)(i).
Section 10. Section 
20A-14-103
 is amended to read:
20A-14-103.
State Board of Education -- Term -- Requirements.
(1) [
(a)
] Unless otherwise provided by law, each State Board of Education member
elected from a State Board of Education district at [
the 2010
] 
or before the 2016
 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.
Section 11. Section 
20A-14-104
 is amended to read:
20A-14-104.
Becoming a candidate for membership on the State Board of
Education.
(1) [
(a) Persons
] 
An individual
 interested in becoming a candidate for the State Board
of Education shall
:
(a) (i) 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
(ii) 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
(b) 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) The lieutenant governor shall:
(a) review the declarations of candidacy filed by candidates for the office of State
Board of Education member to determine if more than two candidates have filed for the same
seat;
(b) place the names of all candidates who have filed a declaration of candidacy for a
State Board of Education seat on the nonpartisan section of the ballot if more than two
candidates have filed for the same seat; and
(c) determine the order of the State Board of Education candidates' names on the ballot
in accordance with Section 
20A-6-305
.
[
(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 12. Section 
20A-14-104.1
 is enacted to read:
 20A-14-104.1.
 State Board of Education -- Declaration of candidacy.
(1) A person interested in becoming a candidate for the State Board of Education shall
file a declaration of candidacy according to the procedures and requirements of Sections
20A-9-201
 and 
20A-9-202
.
(2) The office of State Board of Education member is a partisan office.
Section 13. Section 
63I-2-220
 is amended to read:
63I-2-220.
Repeal dates, Title 20A.
[
(1) Section 
20A-3-704
 is repealed January 1, 2016.
]
[
(2) Section 
20A-5-410
 is repealed January 1, 2016.
]
[
(3) (a) Subsection 
20A-7-101
(1)(a)(i), the language that states "of the first class" and
"; or" is repealed January 1, 2015.
]
[
(b) Subsection 
20A-7-101
(1)(a)(ii), the language that states "for a county not
described in Subsection (1)(a)(i), a person designated as budget officer in Section 
17-19-19
" is
repealed January 1, 2015.
]
[
(4) Section 
20A-9-403.1
 is repealed on January 1, 2015.
]
On January 1, 2017:
(1) in Subsection 
20A-1-102
(70), the language that states "State Board of Education
and" is repealed;
(2) in Subsection 
20A-9-201
(4)(a), the language that states "and State Board of
Education candidates" is repealed;
(3) Subsection 
20A-9-201
(9) is repealed;
(4) in Subsection 
20A-9-403
(4)(c), the language that states "State Board of Education
and" is repealed;
(5) in Subsection 
20A-9-403
(5)(a), the language that states "State Board of Education
or" is repealed; and
(6) Section 
20A-14-104
 is repealed.
Section 14. 
Repealer.
This bill repeals:
Section 
20A-14-105
,
Becoming a candidate for membership on the State Board of
Education -- Selection of candidates by the governor -- Ballot placement.
Section 15. 
Effective date.
(1) Except as provided in Subsection (2), 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.
(2) The following sections take effect on January 1, 2017:
(a) Section 
20A-1-504
;
(b) Section 
20A-9-408
;
(c) Section 
20A-11-403
;
(d) Section 
20A-11-1301
;
(e) Section 
20A-11-1303
;
(f) Section 
20A-11-1305
; and
(g) Section 
20A-14-104.1
.