HB 256

02-03 16:33  1st Sub. (Buff) H.B. 256
  Jason B. Kyle proposes the following substitute bill:
1School District Elections Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Jason B. Kyle
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill makes the office of local school board member an office that is elected via a
6   partisan election.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ makes the office of local school board member an office that is elected via a partisan
11   election;
12▸ modifies provisions relating to filling a midterm vacancy for the office of local school
13   board member;
14▸ provides for the election of a local school board member using the partisan primary
15   election nomination process;
16▸ modifies campaign reporting requirements and conflict of interest reporting requirements
17   for a local school board office candidate or local school board officeholder;
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18▸ provides for the transition from a nonpartisan local board of education to a partisan local
19   board of education; and
20▸ makes technical and conforming changes.
21   Money Appropriated in this Bill:
22None
23   Other Special Clauses:
24This bill provides a special effective date.
25   Utah Code Sections Affected:
26   AMENDS:
2717-70-401, as renumbered and amended by Laws of Utah 2025, First Special Session,
28Chapter 13
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2917-70-402, as renumbered and amended by Laws of Utah 2025, First Special Session,
30Chapter 13
3117-70-403, as renumbered and amended by Laws of Utah 2025, First Special Session,
32Chapter 13
3320A-1-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
3420A-1-404, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
3520A-8-401, as last amended by Laws of Utah 2025, Chapter 448
3620A-9-101, as last amended by Laws of Utah 2023, Chapters 15, 45
3720A-9-201, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
3820A-9-403, as last amended by Laws of Utah 2025, Chapters 39, 448
3920A-9-408, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
4020A-11-101, as last amended by Laws of Utah 2025, Chapter 448
4120A-11-103, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
4220A-11-201, as last amended by Laws of Utah 2025, Chapter 448
4320A-11-202, as last amended by Laws of Utah 2022, Chapter 18
4420A-11-203, as last amended by Laws of Utah 2019, Chapter 74
4520A-11-204, as last amended by Laws of Utah 2025, Chapters 90, 448
4620A-11-205, as last amended by Laws of Utah 2013, Chapter 170
4720A-11-206, as last amended by Laws of Utah 2025, Chapter 448
4820A-11-1301, as last amended by Laws of Utah 2025, Chapter 448
4920A-11-1302, as last amended by Laws of Utah 2019, Chapter 74
5020A-11-1303, as last amended by Laws of Utah 2025, Chapters 90, 448
5120A-11-1304, as enacted by Laws of Utah 1997, Chapter 355
5220A-11-1603, as last amended by Laws of Utah 2023, Chapter 45
5320A-11-1604, as last amended by Laws of Utah 2025, Chapters 90, 448
5420A-14-201, as last amended by Laws of Utah 2025, Chapter 448
5520A-14-202, as last amended by Laws of Utah 2022, Chapter 265
5653G-4-201, as last amended by Laws of Utah 2019, Chapter 293
57   REPEALS AND REENACTS:
5820A-1-511, as last amended by Laws of Utah 2025, Chapters 90, 448
59
60   Be it enacted by the Legislature of the state of Utah:
61Section 1. Section 17-70-401 is amended to read:
6217-70-401 . Definitions.
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63      As used in this part:
64   (1)(a) "Contribution" means any of the following when done for a political purpose:
65(i) a gift, subscription, donation, loan, advance, deposit of money, or anything of
66value given to the filing entity;
67(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
68subscription, donation, unpaid or partially unpaid loan, advance, deposit of
69money, or anything of value to the filing entity;
70(iii) any transfer of funds from another reporting entity to the filing entity;
71(iv) compensation paid by any person or reporting entity other than the filing entity
72for personal services provided without charge to the filing entity;
73(v) a loan made by a county office candidate or local school board candidate
74deposited into the county office candidate's or local school board candidate's own
75campaign account; or
76(vi) an in-kind contribution.
77(b) "Contribution" does not include:
78(i) services provided by an individual volunteering a portion or all of the individual's
79time on behalf of the filing entity if the services are provided without
80compensation by the filing entity or any other person;
81(ii) money lent to the filing entity by a financial institution in the ordinary course of
82business; or
83(iii) goods or services provided for the benefit of a county office candidate or local
84school board candidate at less than fair market value that are not authorized by or
85coordinated with the county office candidate or the local school board candidate.
86   (2) "County office" means an office described in Section 17-66-102 that is required to be
87filled by an election.
88   (3) "County office candidate" means an individual who:
89(a) files a declaration of candidacy for a county office; or
90(b) receives a contribution, makes an expenditure, or gives consent for any other person
91to receive a contribution or make an expenditure to bring about the individual's
92nomination or election to a county office.
93   (4) "County [officer] officeholder" means an individual who holds a county office.
94   (5)(a) Except as provided in Subsection (5)(b), "expenditure" means any of the
95following made by a reporting entity or an agent of a reporting entity on behalf of the
96reporting entity:
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97(i) any disbursement from contributions, receipts, or the separate bank account
98required under Section 17-70-403;
99(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
100or anything of value made for a political purpose;
101(iii) an express, legally enforceable contract, promise, or agreement to make any
102purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
103or anything of value for a political purpose;
104(iv) compensation paid by a filing entity for personal services rendered by a person
105without charge to a reporting entity;
106(v) a transfer of funds between the filing entity and a county office candidate's, or a
107local school board candidate's, personal campaign committee; or
108(vi) goods or services provided by the filing entity to or for the benefit of another
109reporting entity for a political purpose at less than fair market value.
110(b) "Expenditure" does not include:
111(i) services provided without compensation by an individual volunteering a portion or
112all of the individual's time on behalf of a reporting entity;
113(ii) money lent to a reporting entity by a financial institution in the ordinary course of
114business; or
115(iii) anything described in Subsection (5)(a) that is given by a reporting entity to a
116candidate or officer in another state.
117   (6) "Filing entity" means:
118(a) a county office candidate;
119(b) a county [officer] officeholder;
120(c) a local school board office candidate;
121(d) a local school board [member] officeholder; or
122(e) a reporting entity that is required to meet a campaign finance disclosure requirement
123adopted by a county in accordance with Section 17-70-403.
124   (7) "In-kind contribution" means anything of value, other than money, that is accepted by or
125coordinated with a filing entity.
126   (8) "Local school board office candidate" means an individual who:
127(a) files a declaration of candidacy for local school board; or
128(b) receives a contribution, makes an expenditure, or gives consent for any other person
129to receive a contribution or make an expenditure to bring about the individual's
130nomination or election to a local school board.
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131   (9)(a) "Personal use expenditure" means an expenditure that:
132(i)(A) is not excluded from the definition of personal use expenditure by
133Subsection (9)(c); and
134(B) primarily furthers a personal interest of a county office candidate, county [
135officer] officeholder, local school board office candidate, or a local school
136board [member] officeholder, or a member of a county office candidate's,
137county [officer's] officeholder's, local school board office candidate's, or local
138school board [member's] officeholder's family; or
139(ii) would cause the county office candidate, county officer, local school board
140candidate, or local school board member to recognize the expenditure as taxable
141income under federal law.
142(b) "Personal use expenditure" includes:
143(i) a mortgage, rent, utility, or vehicle payment;
144(ii) a household food item or supply;
145(iii) a clothing expense, except:
146(A) clothing bearing the county office candidate's or local school board office
147candidate's name or campaign slogan or logo that is used in the county office
148candidate's or local school board office candidate's campaign;
149(B) clothing bearing the logo or name of a jurisdiction, district, government
150organization, government entity, caucus, or political party that the county [
151officer ] officeholder or local school board [member] officeholder represents or
152of which the county [officer] officeholder or local school board [member]
153officeholder is a member;
154(C) repair or replacement of clothing that is damaged while the county office
155candidate or county [officer] officeholder is engaged in an activity of a county
156office candidate or county [officer] officeholder; or
157(D) repair or replacement of clothing that is damaged while the local school board
158office candidate or local school board [member] officeholder is engaged in an
159activity of a local school board office candidate or local school board [member]
160officeholder;
161(iv) admission to a sporting, artistic, or recreational event or other form of
162entertainment;
163(v) dues, fees, or gratuities at a country club, health club, or recreational facility;
164(vi) a salary payment made to:
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165(A) a county office candidate[,] or county [officer] officeholder, local school board
166office candidate, or local school board [member] officeholder; or
167(B) a person who has not provided a bona fide service to a county office
168candidate, county [officer] officeholder, local school board office candidate, or
169local school board [member] officeholder;
170(vii) a vacation;
171(viii) a vehicle expense;
172(ix) a meal expense;
173(x) a travel expense;
174(xi) payment of an administrative, civil, or criminal penalty;
175(xii) satisfaction of a personal debt;
176(xiii) a personal service, including the service of an attorney, accountant, physician,
177or other professional person;
178(xiv) a membership fee for a professional or service organization; [and] or
179(xv) a payment in excess of the fair market value of the item or service purchased.
180(c) "Personal use expenditure" does not include an expenditure made:
181(i) for a political purpose;
182(ii) for candidacy for county office or local school board office;
183(iii) to fulfill a duty or activity of a county [officer] officeholder or local school board [
184member] officeholder;
185(iv) for a donation to a registered political party;
186(v) for a contribution to another candidate's campaign account, including sponsorship
187of or attendance at an event, the primary purpose of which is to solicit a
188contribution for another candidate's campaign account;
189(vi) to return all or a portion of a contribution to a contributor;
190(vii) for the following items, if made in connection with the candidacy for county
191office or local school board office, or an activity or duty of a county [officer]
192officeholder or local school board [member] officeholder:
193(A) a mileage allowance at the rate established by the political subdivision that
194provides the mileage allowance;
195(B) for motor fuel or special fuel, as defined in Section 59-13-102;
196(C) a meal expense;
197(D) a travel expense, including an expense incurred for airfare or a rental vehicle;
198(E) a payment for a service provided by an attorney or accountant;
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199(F) a tuition payment or registration fee for participation in a meeting or
200conference;
201(G) a gift;
202(H) a payment for rent, utilities, a supply, or furnishings, in connection with an
203office space;
204(I) a booth at a meeting or event; or
205(J) educational material;
206(viii) to purchase or mail informational material, a survey, or a greeting card;
207(ix) for a donation to a charitable organization, as defined in Section 13-22-2,
208including admission to or sponsorship of an event, the primary purpose of which
209is charitable solicitation, as defined in Section 13-22-2;
210(x) to repay a loan a county office candidate or local school board office candidate
211makes from the candidate's personal account to the candidate's campaign account;
212(xi) to pay membership dues to a national organization whose primary purpose is to
213address general public policy;
214(xii) for admission to or sponsorship of an event, the primary purpose of which is to
215promote the social, educational, or economic well-being of the state or the county
216office candidate's, county [officer's] officeholder's, local school board office
217candidate's, or local school board [member's] officeholder's community;
218(xiii) for one or more guests of a county office candidate, county [officer] officeholder,
219local school board office candidate, or local school board [member] officeholder to
220attend an event, meeting, or conference described in this Subsection (9)(c);
221(xiv) that is connected with the performance of an activity as a county office
222candidate or local school board [member] office candidate, or an activity or duty of
223a county [officer] officeholder or local school board [member] officeholder; or
224(xv) to pay childcare expenses of:
225(A) a county office candidate or local school board office candidate while the
226county office candidate or local school board office candidate is engaging in
227campaign activity; or
228(B) [an] a county officeholder or local school board officeholder while the county
229officeholder or local school board officeholder is engaging in the duties of an
230county officeholder or local school board officeholder.
231   (10) "Political purpose" means an act done with the intent or in a way to influence or tend
232to influence, directly or indirectly, any person to refrain from voting or to vote for or
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233against any candidate or a person seeking an office at any caucus, political convention,
234or election.
235   (11) "Reporting entity":
236(a) means the same as that term is defined in Section 20A-11-101; and
237(b) includes a county office candidate, a county office candidate's personal campaign
238committee, a county [officer] officeholder, a local school board office candidate, a
239local school board office candidate's personal campaign committee, and a local
240school board [member] officeholder.
241Section 2. Section 17-70-402 is amended to read:
24217-70-402 . Personal use expenditure -- Authorized and prohibited uses of
243   campaign funds -- Enforcement -- Penalties.
244   (1) A county office candidate, county [officer] officeholder, local school board office
245candidate, or local school board [member] officeholder may not use money deposited
246into the separate bank account required under Section 17-70-403 for:.
247(a) a personal use expenditure; or
248(b) an expenditure prohibited by law.
249   (2)(a) A county clerk shall enforce this section prohibiting a personal use expenditure by:
250(i) evaluating a financial statement to identify a personal use expenditure; and
251(ii) commencing an adjudicative proceeding in accordance with applicable county
252ordinance or policy if the county clerk has probable cause to believe a county
253office candidate, county [officer] officeholder, local school board office candidate,
254or local school board [member] officeholder has made a personal use expenditure.
255(b) Following the adjudicative proceeding described in Subsection (2)(a)(ii), the county
256clerk may issue a signed order requiring a county office candidate, county [officer]
257officeholder, local school board office candidate, or local school board [member]
258officeholder who has made a personal use expenditure to:
259(i) remit an administrative penalty of an amount equal to 50% of the personal use
260expenditure to the county clerk; and
261(ii) deposit the amount of the personal use expenditure in the campaign account from
262which the personal use expenditure was disbursed.
263(c) The county clerk shall deposit money received under Subsection (2)(b)(i) into the
264county's general fund.
265Section 3. Section 17-70-403 is amended to read:
26617-70-403 . Campaign financial disclosure in county elections.
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267   (1) A county shall adopt an ordinance establishing campaign finance disclosure
268requirements for:
269(a) candidates for county office; and
270(b) candidates for local school board office who reside in that county.
271   (2) The ordinance required by Subsection (1) shall include:
272(a) a requirement that each candidate for county office or local school board office
273report the candidate's itemized and total campaign contributions and expenditures at
274least once within the two weeks before the day of the election and at least once
275within two months after the day of the election;
276(b) a definition of "contribution" and "expenditure" that requires reporting of
277nonmonetary contributions[ such as ] , including in-kind contributions and
278contributions of tangible things;
279(c) a requirement that the financial reports identify:
280(i) for each contribution, the name of the donor of the contribution, if known, and the
281amount of the contribution; and
282(ii) for each expenditure, the name of the recipient and the amount of the expenditure;
283(d) a requirement that a candidate for county office or local school board office deposit a
284contribution in a separate campaign account into a financial institution;
285(e) a prohibition against a candidate for county office or local school board office
286depositing or mingling any contributions received into a personal or business account;
287(f) a requirement that a candidate for county office who receives a contribution that is
288cash or a negotiable instrument, exceeds $50, and is from a donor whose name is
289unknown, shall, within 30 days after receiving the contribution, disburse the amount
290of the contribution to:
291(i) the treasurer of the state or a political subdivision for deposit into the state's or
292political subdivision's general fund; or
293(ii) an organization that is exempt from federal income taxation under Section
294501(c)(3), Internal Revenue Code;
295(g) a requirement that a candidate seeking appointment to fill a midterm vacancy in a
296county office or local school board office file the financial report described in
297Subsection (2)(c) with the county clerk:
298(i) for a county office vacancy described in Subsection 20A-1-508(3) or (7), no later
299than three business days before the day on which the political party of the prior
300officeholder submits the candidate's name to the county legislative body as the
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301individual the political party selects to fill the vacancy;
302(ii) for a county or district attorney office vacancy described in Subsection
30320A-1-509.1(5)(a), no later than three business days before the day on which the
304political party of the prior officeholder submits the candidate's name to the county
305legislative body as one of the three individuals the party nominates to fill the
306vacancy;
307(iii) for a county or district attorney office vacancy described in Section 20A-1-509.2:
308(A) no later than the deadline for the candidate to submit an application to fill the
309vacancy under Subsection 20A-1-509.2(2)(c); and
310(B) if, under Subsection 20A-1-509.2(3), more than three attorneys submit an
311application to fill the vacancy, no later than three business days before the day
312on which the political party of the prior officeholder submits the candidate's
313name to the county legislative body as one of the three individuals the party
314nominates to fill the vacancy; or
315(iv) for a local school board office vacancy described in Section 20A-1-511, no later
316than three business days before the day on which the [local school board meets to
317interview each candidate interested in filling the vacancy in accordance with
318Section 20A-1-511] political party of the prior officeholder submits to the
319appointing authority the name of an individual to fill the vacancy in accordance
320with Section 20A-1-511; and
321(h) a requirement that, upon receipt of the financial report described in Subsection (2)(g),
322the county clerk immediately submit a copy of the report to the county legislative
323body.
324   (3)(a) As used in this Subsection (3), "account" means an account in a financial
325institution:
326(i) that is not described in Subsection (2)(d); and
327(ii) into which or from which a person who, as a candidate for an office, other than a
328county office for which the person files a declaration of candidacy or federal
329office, or as a holder of an office, other than a county office for which the person
330files a declaration of candidacy or federal office, deposits a contribution or makes
331an expenditure.
332(b) The ordinance required by Subsection (1) shall include a requirement that a
333candidate for county office or local school board office include on a financial report
334filed in accordance with the ordinance a contribution deposited in or an expenditure
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335made from an account:
336(i) since the last financial report was filed; or
337(ii) that has not been reported under a statute or ordinance that governs the account.
338   (4) If [any] a county fails to adopt a campaign finance disclosure ordinance described in
339Subsection (1), [candidates] a candidate for county office, other than community council
340office, and [candidates] a candidate for local school board office shall comply with the
341financial reporting requirements [contained] described in Subsections (5) through (10).
342   (5) A candidate for [elective office in a ]county office or local school board office:
343(a) shall deposit a contribution into a separate campaign account in a financial
344institution; and
345(b) may not deposit or mingle any contributions received into a personal or business
346account.
347   (6) [Each ] A candidate for [elective office in any ]county office who is not required to
348submit a campaign financial statement to the lieutenant governor, and each candidate for
349local school board office, shall file a signed campaign financial statement with the
350county clerk:
351(a) seven days before the date of the regular general election, reporting each contribution
352and each expenditure as of 10 days before the date of the regular general election; and
353(b) no later than 30 days after the date of the regular general election.
354   (7)(a) The statement filed seven days before the regular general election shall include:
355(i) a list of each contribution received by the candidate, and the name of the donor, if
356known; and
357(ii) a list of each expenditure for political purposes made during the campaign period,
358and the recipient of each expenditure.
359(b) The statement filed 30 days after the regular general election shall include:
360(i) a list of each contribution received after the cutoff date for the statement filed
361seven days before the election, and the name of the donor; and
362(ii) a list of all expenditures for political purposes made by the candidate after the
363cutoff date for the statement filed seven days before the election, and the recipient
364of each expenditure.
365   (8)(a) As used in this Subsection (8), "account" means an account in a financial
366institution:
367(i) that is not described in Subsection (5)(a); and
368(ii) into which or from which [a person] an individual who, as a candidate for [an] a
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369county office or local school board office, other than a county office or local
370school board office for which the [person] individual filed a declaration of
371candidacy or federal office, or as a holder of [an office] a county office or local
372school board office, other than a county office or local school board office for
373which the [person] individual filed a declaration of candidacy or federal office,
374deposits a contribution or makes an expenditure.
375(b) A county office candidate and a local school board office candidate shall include on [
376any] a campaign financial statement filed in accordance with Subsection (6) or (7):
377(i) a contribution deposited into an account:
378(A) since the last campaign finance statement was filed; or
379(B) that has not been reported under a statute or ordinance that governs the
380account; or
381(ii) an expenditure made from an account:
382(A) since the last campaign finance statement was filed; or
383(B) that has not been reported under a statute or ordinance that governs the
384account.
385   (9) Within 30 days after receiving a contribution that is cash or a negotiable instrument,
386exceeds $50, and is from a donor whose name is unknown, a county office candidate or
387local school board office candidate shall disburse the amount of the contribution to:
388(a) the treasurer of the state or a political subdivision for deposit into the state's or
389political subdivision's general fund; or
390(b) an organization that is exempt from federal income taxation under Section 501(c)(3),
391Internal Revenue Code.
392   (10) [Candidates] A candidate for [elective office in any county, and candidates] county
393office or for local school board office, who [are] is eliminated at a primary election shall
394file a signed campaign financial statement containing the information required by this
395section not later than 30 days after the primary election date.
396   (11)(a) A candidate seeking appointment to fill a midterm vacancy in a county office or
397local school board office shall:
398(i) comply with Subsections (5) and (9); and
399(ii) file a signed campaign financial statement with the county clerk no later than the
400deadline described in Subsection (2)(g).
401(b) Upon receipt of the campaign financial statement described in Subsection (11)(a)(ii),
402the county clerk shall immediately submit a copy of the statement to the county
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403legislative body.
404   (12) Any individual who fails to comply with this section is guilty of an infraction.
405   (13)(a) [Counties] A county may, by ordinance, enact requirements relating to a county
406office or local school board office that:
407(i) require greater disclosure of campaign contributions and expenditures; and
408(ii) impose additional penalties.
409(b) The requirements described in Subsection (13)(a) apply to a local school board office
410candidate who resides in that county.
411   (14) If a candidate for county office or local school board office fails to file an interim
412report due before the election, the county clerk:
413(a) may send an electronic notice to the candidate and the political party of which the
414candidate is a member, if any, that states:
415(i) that the candidate failed to timely file the report; and
416(ii) that, if the candidate fails to file the report within 24 hours after the deadline for
417filing the report, the candidate will be disqualified and the political party will not
418be permitted to replace the candidate; and
419(b) impose a fine of $100 on the candidate.
420   (15)(a) The county clerk shall disqualify a candidate for county office or local school
421board office and inform the appropriate election officials that the candidate is
422disqualified if the candidate fails to file an interim report described in Subsection (14)
423within 24 hours after the deadline for filing the report.
424(b) The political party of a candidate for county office or local school board office who
425is disqualified under Subsection (15)(a) may not replace the candidate for county
426office or local school board office.
427(c) A candidate who is disqualified under Subsection (15)(a) shall file with the county
428clerk a complete and accurate campaign finance statement within 30 days after the
429day on which the candidate is disqualified.
430   (16) If a county office candidate or local school board office candidate is disqualified under
431Subsection (15)(a), the election official:
432(a) shall:
433(i) notify every opposing candidate for the county office or local school board office
434that the candidate is disqualified;
435(ii) send an email notification to each voter who is eligible to vote in the [county
436election office ]race for whom the election official has an email address informing
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437the voter that the candidate is disqualified and that votes cast for the candidate will
438not be counted;
439(iii) post notice of the disqualification on the county's website; and
440(iv) if practicable, remove the candidate's name from the ballot by blacking out the
441candidate's name before the ballots are delivered to voters; and
442(b) may not count any votes for that candidate.
443   (17) An election official may fulfill the requirement described in Subsection (16)(a) in
444relation to a mailed ballot, including a military or overseas ballot, by including with the
445ballot a written notice directing the voter to the county's website to inform the voter
446whether a candidate on the ballot is disqualified.
447   (18) A county office candidate or local office candidate is not disqualified if:
448(a) the candidate files the interim reports described in Subsection (14) no later than 24
449hours after the applicable deadlines for filing the reports;
450(b) the reports are completed, detailing accurately and completely the information
451required by this section except for inadvertent omissions or insignificant errors or
452inaccuracies; and
453(c) the omissions, errors, or inaccuracies are corrected in an amended report or in the
454next scheduled report.
455   (19)(a) A report is considered timely filed if:
456(i) the report is received in the county clerk's office no later than midnight, Mountain
457Time, at the end of the day on which the report is due;
458(ii) the report is received in the county clerk's office with a United States Postal
459Service postmark three days or more before the date that the report was due; or
460(iii) the candidate has proof that the report was mailed, with appropriate postage and
461addressing, three days before the report was due.
462(b) For a county clerk's office that is not open until midnight at the end of the day on
463which a report is due, the county clerk shall permit a candidate to file the report via
464email or another electronic means designated by the county clerk.
465   (20)(a) Any private party in interest may bring an action in a court with jurisdiction
466under Title 78A, Judiciary and Judicial Administration, to enforce the provisions of
467this section or any ordinance adopted under this section.
468(b) In a civil action filed under Subsection (20)(a), the court shall award costs and
469attorney fees to the prevailing party.
470   (21) Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access
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02-03 16:33  1st Sub. (Buff) H.B. 256
471and Management Act, the county clerk shall:
472(a) make each campaign finance statement filed by a candidate available for public
473inspection and copying no later than one business day after the statement is filed; and
474(b) make the campaign finance statement filed by a candidate available for public
475inspection by:
476(i) posting an electronic copy or the contents of the statement on the county's website
477no later than seven business days after the day on which the statement is filed; and
478(ii) in order to meet the requirements of Subsection 20A-11-103(4)(b)(ii), providing
479the lieutenant governor with a link to the electronic posting described in
480Subsection (21)(b)(i) no later than two business days after the day the statement is
481filed.
482Section 4. Section 20A-1-102 is amended to read:
48320A-1-102 . Definitions.
484      As used in this title:
485   (1) "Active voter" means a registered voter who has not been classified as an inactive voter
486by the county clerk.
487   (2) "Automatic tabulating equipment" means apparatus that automatically examines and
488counts votes recorded on ballots and tabulates the results.
489   (3)(a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
490storage medium, that records an individual voter's vote.
491(b) "Ballot" does not include a record to tally multiple votes.
492   (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters on
493the ballot for their approval or rejection including:
494(a) an opinion question specifically authorized by the Legislature;
495(b) a constitutional amendment;
496(c) an initiative;
497(d) a referendum;
498(e) a bond proposition;
499(f) a judicial retention question;
500(g) an incorporation of a city or town; or
501(h) any other ballot question specifically authorized by the Legislature.
502   (5) "Bind," "binding," or "bound" means securing more than one piece of paper together
503using staples or another means in at least three places across the top of the paper in the
504blank space reserved for securing the paper.
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505   (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
50620A-4-306 to canvass election returns.
507   (7) "Bond election" means an election held for the purpose of approving or rejecting the
508proposed issuance of bonds by a government entity.
509   (8) "Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
510a holiday.
511   (9) "Business reply mail envelope" means an envelope that may be mailed free of charge by
512the sender.
513   (10) "Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
514a business day, or any other type of day.
515   (11) "Canvass" means the review of election returns and the official declaration of election
516results by the board of canvassers.
517   (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at the
518canvass.
519   (13) "Contracting election officer" means an election officer who enters into a contract or
520interlocal agreement with a provider election officer.
521   (14) "Convention" means the political party convention at which party officers and
522delegates are selected.
523   (15) "Counting center" means one or more locations selected by the election officer in
524charge of the election for the automatic counting of ballots.
525   (16) "Counting judge" means a poll worker designated to count the ballots during election
526day.
527   (17) "Counting room" means a suitable and convenient private place or room for use by the
528poll workers and counting judges to count ballots.
529   (18) "County officers" means those county officers that are required by law to be elected.
530   (19) "Date of the election" or "election day" or "day of the election":
531(a) means the day that is specified in the calendar year as the day on which the election
532occurs; and
533(b) does not include:
534(i) deadlines established for voting by mail, military-overseas voting, or emergency
535voting; or
536(ii) any early voting or early voting period as provided under Chapter 3a, Part 6,
537Early Voting.
538   (20) "Elected official" means:
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02-03 16:33  1st Sub. (Buff) H.B. 256
539(a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
540Municipal Alternate Voting Methods Pilot Project;
541(b) a person who is considered to be elected to a municipal office in accordance with
542Subsection 20A-1-206(1)(c)(ii); or
543(c) a person who is considered to be elected to a special district office in accordance
544with Subsection 20A-1-206(3)(b)(ii).
545   (21) "Election" means a regular general election, a municipal general election, a statewide
546special election, a local special election, a regular primary election, a municipal primary
547election, and a special district election.
548   (22) "Election Assistance Commission" means the commission established by the Help
549America Vote Act of 2002, Pub. L. No. 107-252.
550   (23) "Election cycle" means the period beginning on the first day on which individuals are
551eligible to file declarations of candidacy and ending when the canvass is completed.
552   (24) "Election judge" means a poll worker that is assigned to:
553(a) preside over other poll workers at a polling place;
554(b) act as the presiding election judge; or
555(c) serve as a canvassing judge, counting judge, or receiving judge.
556   (25) "Election material" includes:
557(a) the verification documentation described in Subsection 20A-3a-401(9)(b)(iv);
558(b) the list of voters contacted to cure a ballot described in Subsection 20A-3a-401(10)(b);
559(c) the record of rejected and resolved ballots described in Subsection 20A-3a-401(11)(a);
560(d) any chain of custody documentation described in Section 20A-3a-401.1, including:
561(i) the count of ballots described in Subsection 20A-3a-401.1(3); and
562(ii) the batch log described in Subsection 20A-3a-401.1(5);
563(e) the record of signature verification audits described in Subsection 20A-3a-402.5(4);
564(f) the affidavit of compliance described in Subsection 20A-3a-404(2);
565(g) the physical and electronic log of replicated ballots described in Subsection
56620A-4-104(3);
567(h) the physical or electronic log of adjudicated ballots described in Section 20A-5-802.5;
568(i) the record of voter database access described in Subsection 20A-5-905(2);
569(j) the reports on military and overseas voters described in Section 20A-16-202;
570(k) scanned copies of return envelopes;
571(l) a copy of the final election results database described in Section 20A-5-802.5; and
572(m) the materials used in the programming of the automatic tabulating equipment.
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573   (26) "Election officer" means:
574(a) the lieutenant governor, for all statewide ballots and elections;
575(b) the county clerk for:
576(i) a county ballot and election; and
577(ii) a ballot and election as a provider election officer as provided in Section
57820A-5-400.1 or 20A-5-400.5;
579(c) the municipal clerk for:
580(i) a municipal ballot and election; and
581(ii) a ballot and election as a provider election officer as provided in Section
58220A-5-400.1 or 20A-5-400.5;
583(d) the special district clerk or chief executive officer for:
584(i) a special district ballot and election; and
585(ii) a ballot and election as a provider election officer as provided in Section
58620A-5-400.1 or 20A-5-400.5; or
587(e) the business administrator or superintendent of a school district for:
588(i) a school district ballot and election; and
589(ii) a ballot and election as a provider election officer as provided in Section
59020A-5-400.1 or 20A-5-400.5.
591   (27) "Election official" means any election officer, election judge, or poll worker.
592   (28) "Election results" means:
593(a) for an election other than a bond election, the count of votes cast in the election and
594the election returns requested by the board of canvassers; or
595(b) for bond elections, the count of those votes cast for and against the bond proposition
596plus any or all of the election returns that the board of canvassers may request.
597   (29) "Election results database" means the following information generated by voting
598equipment:
599(a) one or more electronic files that contains a digital interpretation of each ballot that is
600counted in an election;
601(b) a ballot image; and
602(c) other information related to a ballot that is adjudicated under Section 20A-4-105.
603   (30) "Election returns" means:
604(a) the pollbook;
605(b) the military and overseas absentee voter registration and voting certificates;
606(c) one of the tally sheets;
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02-03 16:33  1st Sub. (Buff) H.B. 256
607(d) any unprocessed ballots;
608(e) all counted ballots;
609(f) all excess ballots;
610(g) all unused ballots;
611(h) all spoiled ballots;
612(i) all ballot disposition forms, including any provisional ballot disposition forms;
613(j) the final election results database described in Section 20A-5-802.5;
614(k) all return envelopes;
615(l) any provisional ballot envelopes; and
616(m) the total votes cast form.
617   (31) "Electronic signature" means an electronic sound, symbol, or process attached to or
618logically associated with a record and executed or adopted by a person with the intent to
619sign the record.
620   (32) "Holiday" means a legal holiday described in Subsections 63G-1-301(1) and (2).
621   (33) "Inactive voter" means a registered voter who is listed as inactive by a county clerk
622under Subsection 20A-2-505(4)(c)(i) or (ii).
623   (34) "Judicial office" means the office filled by any judicial officer.
624   (35) "Judicial officer" means any justice or judge of a court of record or any county court
625judge.
626   (36) "Local election" means a regular county election, a regular municipal election, a
627municipal primary election, a local special election, a special district election, and a
628bond election.
629   (37) "Local political subdivision" means a county, a municipality, a special district, or a
630local school district.
631   (38) "Local special election" means a special election called by the governing body of a
632local political subdivision in which all registered voters of the local political subdivision
633may vote.
634   (39) "Manual ballot" means a paper document produced by an election officer on which an
635individual records an individual's vote by directly placing a mark on the paper document
636using a pen or other marking instrument.
637   (40) "Mechanical ballot" means a record, including a paper record, electronic record, or
638mechanical record, that:
639(a) is created via electronic or mechanical means; and
640(b) records an individual voter's vote cast via a method other than an individual directly
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1st Sub. (Buff) H.B. 256  02-03 16:33
641placing a mark, using a pen or other marking instrument, to record an individual
642voter's vote.
643   (41) "Municipal executive" means:
644(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
645(b) the mayor in the council-manager form of government defined in Subsection
64610-3b-103(6).
647   (42) "Municipal general election" means the election held in municipalities and, as
648applicable, special districts on the first Tuesday after the first Monday in November of
649each odd-numbered year for the purposes established in Section 20A-1-202.
650   (43) "Municipal legislative body" means the council of the city or town in any form of
651municipal government.
652   (44) "Municipal office" means an elective office in a municipality.
653   (45) "Municipal officers" means those municipal officers that are required by law to be
654elected.
655   (46) "Municipal primary election" means an election held to nominate candidates for
656municipal office.
657   (47) "Municipality" means a city or town.
658   (48) "Official ballot" means the ballots distributed by the election officer for voters to
659record their votes.
660   (49) "Official endorsement" means the information on the ballot that identifies:
661(a) the ballot as an official ballot;
662(b) the date of the election; and
663(c)(i) for a ballot prepared by an election officer other than a county clerk, the
664facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
665(ii) for a ballot prepared by a county clerk, the words required by Subsection
66620A-6-301(1)(b)(iii).
667   (50) "Official register" means the official record furnished to election officials by the
668election officer that contains the information required by Section 20A-5-401.
669   (51) "Political party" means an organization of registered voters that has qualified to
670participate in an election by meeting the requirements of Chapter 8, Political Party
671Formation and Procedures.
672   (52)(a) "Poll worker" means a person assigned by an election official to assist with an
673election, voting, or counting votes.
674(b) "Poll worker" includes election judges.
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02-03 16:33  1st Sub. (Buff) H.B. 256
675(c) "Poll worker" does not include a watcher.
676   (53) "Pollbook" means a record of the names of voters in the order that the voters appear to
677cast votes.
678   (54) "Polling place" means a building where voting is conducted.
679   (55) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
680which the voter marks the voter's choice.
681   (56) "Presidential Primary Election" means the election established in Chapter 9, Part 8,
682Presidential Primary Election.
683   (57) "Primary convention" means the political party conventions held during the year of the
684regular general election.
685   (58) "Protective counter" means a separate counter, which cannot be reset, that:
686(a) is built into a voting machine; and
687(b) records the total number of movements of the operating lever.
688   (59) "Provider election officer" means an election officer who enters into a contract or
689interlocal agreement with a contracting election officer to conduct an election for the
690contracting election officer's local political subdivision in accordance with Section
69120A-5-400.1.
692   (60) "Provisional ballot" means a ballot voted provisionally by a person:
693(a) whose name is not listed on the official register at the polling place;
694(b) whose legal right to vote is challenged as provided in this title; or
695(c) whose identity was not sufficiently established by a poll worker.
696   (61) "Provisional ballot envelope" means an envelope printed in the form required by
697Section 20A-6-105 that is used to identify provisional ballots and to provide information
698to verify a person's legal right to vote.
699   (62)(a) "Public figure" means an individual who, due to the individual being considered
700for, holding, or having held a position of prominence in a public or private capacity,
701or due to the individual's celebrity status, has an increased risk to the individual's
702safety.
703(b) "Public figure" does not include an individual:
704(i) elected to public office; or
705(ii) appointed to fill a vacancy in an elected public office.
706   (63) "Qualify" or "qualified" means to take the oath of office and begin performing the
707duties of the position for which the individual was elected.
708   (64) "Receiving judge" means the poll worker that checks the voter's name in the official
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1st Sub. (Buff) H.B. 256  02-03 16:33
709register at a polling place and provides the voter with a ballot.
710   (65) "Registration form" means a form by which an individual may register to vote under
711this title.
712   (66) "Regular ballot" means a ballot that is not a provisional ballot.
713   (67) "Regular general election" means the election held throughout the state on the first
714Tuesday after the first Monday in November of each even-numbered year for the
715purposes established in Section 20A-1-201.
716   (68) "Regular primary election" means the election, held on the date specified in Section
71720A-1-201.5, to nominate candidates of political parties[ and candidates for nonpartisan ] ,
718including candidates for partisan local school board positions, to advance to the regular
719general election.
720   (69) "Resident" means a person who resides within a specific voting precinct in Utah.
721   (70) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
722provided to a voter with a manual ballot:
723(a) into which the voter places the manual ballot after the voter has voted the manual
724ballot in order to preserve the secrecy of the voter's vote; and
725(b) that includes the voter affidavit and a place for the voter's signature.
726   (71) "Sample ballot" means a mock ballot similar in form to the official ballot, published as
727provided in Section 20A-5-405.
728   (72) "Special district" means a local government entity under Title 17B, Limited Purpose
729Local Government Entities - Special Districts, and includes a special service district
730under Title 17D, Chapter 1, Special Service District Act.
731   (73) "Special district officers" means those special district board members who are required
732by law to be elected.
733   (74) "Special election" means an election held as authorized by Section 20A-1-203.
734   (75) "Spoiled ballot" means each ballot that:
735(a) is spoiled by the voter;
736(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
737(c) lacks the official endorsement.
738   (76) "Statewide special election" means a special election called by the governor or the
739Legislature in which all registered voters in Utah may vote.
740   (77) "Tabulation system" means a device or system designed for the sole purpose of
741tabulating votes cast by voters at an election.
742   (78) "Ticket" means a list of:
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02-03 16:33  1st Sub. (Buff) H.B. 256
743(a) political parties;
744(b) candidates for an office; or
745(c) ballot propositions.
746   (79) "Transfer case" means the sealed box used to transport voted ballots to the counting
747center.
748   (80) "Vacancy" means:
749(a) except as provided in Subsection (80)(b), the absence of an individual to serve in a
750position created by state constitution or state statute, whether that absence occurs
751because of death, disability, disqualification, resignation, or other cause; or
752(b) in relation to a candidate for a position created by state constitution or state statute,
753the removal of a candidate due to the candidate's death, resignation, or
754disqualification.
755   (81) "Valid voter identification" means:
756(a) a form of identification that bears the name and photograph of the voter which may
757include:
758(i) a currently valid Utah driver license;
759(ii) a currently valid identification card issued under Title 53, Chapter 3, Part 8,
760Identification Card Act;
761(iii) a currently valid identification card that is issued by:
762(A) the state; or
763(B) a branch, department, or agency of the United States;
764(iv) a currently valid Utah permit to carry a concealed weapon;
765(v) a currently valid United States passport; or
766(vi) a currently valid United States military identification card;
767(b) one of the following identification cards, regardless of whether the card includes a
768photograph of the voter:
769(i) a valid tribal identification card;
770(ii) a Bureau of Indian Affairs card; or
771(iii) a tribal treaty card; or
772(c) two forms of identification not listed under Subsection (81)(a) or (b) but that bear the
773name of the voter and provide evidence that the voter resides in the voting precinct,
774which may include:
775(i) before January 1, 2029, an original or copy of a current utility bill, dated no more
776than 90 calendar days before the date of the election;
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1st Sub. (Buff) H.B. 256  02-03 16:33
777(ii) before January 1, 2029, an original or copy of a bank or other financial account
778statement, dated no more than 90 calendar days before the date of the election;
779(iii) a certified birth certificate;
780(iv) a valid social security card;
781(v) an original or copy of a check issued by the state or the federal government, dated
782no more than 90 calendar days before the date of the election;
783(vi) an original or copy of a paycheck from the voter's employer, dated no more than
78490 calendar days before the date of the election;
785(vii) a currently valid Utah hunting or fishing license;
786(viii) certified naturalization documentation;
787(ix) a currently valid license issued by an authorized agency of the United States;
788(x) a certified copy of court records showing the voter's adoption or name change;
789(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer [Card] card;
790(xii) a currently valid identification card issued by:
791(A) a local government within the state;
792(B) an employer for an employee; or
793(C) a college, university, technical school, or professional school located within
794the state; or
795(xiii) a current Utah vehicle registration.
796   (82) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
797by following the procedures and requirements of this title.
798   (83) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
799(a) mailing the ballot to the location designated in the mailing; or
800(b) depositing the ballot in a ballot drop box designated by the election officer.
801   (84) "Voter" means an individual who:
802(a) meets the requirements for voting in an election;
803(b) meets the requirements of election registration;
804(c) is registered to vote; and
805(d) is listed in the official register.
806   (85) "Voter registration deadline" means the registration deadline provided in Section
80720A-2-102.5.
808   (86) "Voting area" means the area within six feet of the voting booths, voting machines,
809and ballot box.
810   (87) "Voting booth" means:
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02-03 16:33  1st Sub. (Buff) H.B. 256
811(a) the space or compartment within a polling place that is provided for the preparation
812of ballots, including the voting enclosure or curtain; or
813(b) a voting device that is free standing.
814   (88) "Voting device" means any device provided by an election officer for a voter to vote a
815mechanical ballot.
816   (89) "Voting precinct" means the smallest geographical voting unit, established under
817Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
818   (90) "Watcher" means an individual who complies with the requirements described in
819Section 20A-3a-801 to become a watcher for an election.
820   (91) "Write-in ballot" means a ballot containing any write-in votes.
821   (92) "Write-in vote" means a vote cast for an individual, whose name is not printed on the
822ballot, in accordance with the procedures established in this title.
823Section 5. Section 20A-1-404 is amended to read:
82420A-1-404 . Election controversies.
825   (1)(a)[(i) Whenever any ] When a controversy occurs between [any] an election officer
826or other person or entity charged with [any] a duty or function under this title and
827any candidate, or the officers or representatives of [any] a political party, or
828persons who have made nominations, either party to the controversy may file a
829verified petition with the district court.
830[(ii)] (b) If a petition is filed, the petitioner shall serve a copy of the petition on the
831respondents on the same day that the petition is filed with the court.
832[(b)] (c) The verified petition shall identify concisely the nature of the controversy and
833the relief sought.
834   (2) After reviewing the petition, the court shall:
835(a) issue an order commanding the respondent named in the petition to appear before the
836court to answer, under oath, to the petition;
837(b) summarily hear and dispose of any issues raised by the petition to obtain:
838(i) strict compliance with all filing deadlines for financial disclosure reports under:
839(A) Section 10-3-208, regarding campaign finance statements in municipal
840elections;
841(B) Section 17-70-403, regarding campaign finance statements for county offices
842and local school board offices;
843(C) Chapter 11, Part 2, Statewide Office Candidates - Campaign Organization and
844Financial Reporting Requirements;
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1st Sub. (Buff) H.B. 256  02-03 16:33
845(D) Chapter 11, Part 3, Candidates for Legislative Office - Campaign
846Organization and Financial Reporting Requirements;
847(E) Chapter 11, Part 4, Officeholder Financial Reporting Requirements;
848(F) Chapter 11, Part 5, Political Party Registration and Financial Reporting
849Requirements;
850(G) Chapter 11, Part 6, Political Action Committee Registration and Financial
851Reporting Requirements;
852(H) Chapter 11, Part 7, Campaign Financial Reporting by Corporations;
853(I) Chapter 11, Part 8, Political Issues Committees - Registration and Financial
854Reporting;
855(J) Chapter 11, Part 13, State School Board Candidates; and
856(K) Chapter 12, Part 3, Campaign and Financial Reporting
857[(C) Title 20A, Chapter 11, Part 2, State Office Candidates - Campaign
858Organization and Financial Reporting Requirements;]
859[(D) Title 20A, Chapter 11, Part 3, Candidates for Legislative Office - Campaign
860Organization and Financial Reporting Requirements;]
861[(E) Title 20A, Chapter 11, Part 4, Officeholder Financial Reporting Requirements;]
862[(F) Title 20A, Chapter 11, Part 5, Political Party Registration and Financial
863Reporting Requirements;]
864[(G) Title 20A, Chapter 11, Part 6, Political Action Committee Registration and
865Financial Reporting Requirements;]
866[(H) Title 20A, Chapter 11, Part 7, Campaign Financial Reporting by Corporations;]
867[(I) Title 20A, Chapter 11, Part 8, Political Issues Committees - Registration and
868Financial Reporting;]
869[(J) Title 20A, Chapter 11, Part 13, State School Board Candidates; and]
870[(K) Title 20A, Chapter 12, Part 3, Campaign and Financial Reporting
871Requirements for Judicial Retention Elections; and]
872(ii) substantial compliance with all other provisions of this title by the parties to the
873controversy; and
874(c) make and enter orders and judgments, and issue the process of the court to enforce
875all of those orders and judgments.
876Section 6. Section 20A-1-511 is repealed and reenacted to read:
87720A-1-511 . Midterm vacancy on local school board.
878   (1) As used in this section:
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02-03 16:33  1st Sub. (Buff) H.B. 256
879(a) "Appointing authority" means:
880(i) for a school district contained entirely within one county, the legislative body of
881the county; or
882(ii) for a school district that contains all or part of more than one county, the
883legislative body of the county within which a majority of the population of the
884school district resides.
885(b) "Filing deadline" means the final date for filing:
886(i) a declaration of candidacy as provided in Section 20A-9-202; or
887(ii) for an unaffiliated candidate, a certificate of nomination as provided in Section
88820A-9-503.
889(c) "Party liaison" means the political party officer designated to serve as a liaison with
890the lieutenant governor on all matters relating to the political party's relationship with
891the state as required by Section 20A-8-401.
892   (2)(a) Except as provided by Subsection (4), when a vacancy occurs for any reason in
893the office of local school board member, the vacancy shall be filled for the unexpired
894term at the next regular general election.
895(b) The appointing authority shall fill the vacancy until the next regular general election
896by immediately appointing the individual whose name is submitted by the party
897liaison of the same political party as the local school board member being replaced.
898   (3)(a) If a vacancy described in Subsection (2)(a) occurs after the filing deadline, but
899before August 31 of an even-numbered year in which the term of office does not
900expire, the county clerk shall:
901(i) establish a date and time, that is before the date for a candidate to be certified for
902the ballot under Section 20A-9-701 and no later than 21 calendar days after the
903day on which the vacancy occurs, by which an individual intending to obtain a
904position on the ballot for the vacant office shall file a declaration of candidacy or,
905as applicable, a certificate of nomination; and
906(ii) give notice of the vacancy and the date and time described in Subsection (3)(a)(i):
907(A) on the county clerk's website; and
908(B) to each registered political party.
909(b) An individual intending to obtain a position on the ballot for the vacant office:
910(i) shall, before the date and time established under Subsection (3)(a)(i), file a
911declaration of candidacy or, if applicable, a certificate of nomination in
912accordance with Chapter 9, Candidate Qualifications and Nominating Procedures;
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913and
914(ii) may run in the regular general election if:
915(A) nominated as a party candidate; or
916(B) qualified as an unaffiliated candidate.
917(c) In relation to a registered political party that is not a qualified political party, if a
918vacancy described in Subsection (2)(a) occurs after the deadline described in
919Subsection 20A-9-202(1)(b), but before August 31 of an even-numbered year in
920which the term of office does not expire:
921(i) an individual intending to obtain a position on the ballot for the vacant office
922shall, before the date and time established under Subsection (3)(a)(i), file a
923declaration of candidacy; and
924(ii) the party liaison for each registered political party that is not a qualified political
925party may submit the name of an individual described in Subsection (3)(c)(i) to
926the county clerk before 5 p.m. no later than August 30 for placement on the
927regular general election ballot.
928   (4) If a vacancy described in Subsection (2)(a) occurs on or after August 31 of an
929even-numbered year in which a term does not expire, the appointing authority shall fill
930the vacancy for the unexpired term by immediately appointing the individual whose
931name is submitted by the party liaison of the same political party as the local school
932board member being replaced.
933   (5) An individual seeking appointment to fill a vacancy described in this section shall, no
934later than the deadline for the individual to file an interim report under Subsection
93520A-11-1301(5), make a complete conflict of interest disclosure on the website
936described in Section 20A-11-1602.5.
937   (6) The county clerk shall make each conflict of interest disclosure made by an individual
938described in Subsection (5) available for public inspection in accordance with
939Subsection 20A-11-1603(4).
940   (7) A vacancy in the office of local school board member does not occur unless the local
941school board member:
942(a) has left office; or
943(b) submits an irrevocable letter of resignation to the appointing authority.
944Section 7. Section 20A-8-401 is amended to read:
94520A-8-401 . Registered political parties -- Bylaws -- Report name of midterm
946   vacancy candidate.
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02-03 16:33  1st Sub. (Buff) H.B. 256
947   (1)(a) Each new or unregistered state political party that seeks to become a registered
948political party under the authority of this chapter shall file a copy of the party's
949proposed constitution and bylaws at the time the party files the party's registration
950information.
951(b) Each registered state political party shall file revised copies of the party's constitution
952or bylaws with the lieutenant governor no later than 5 p.m. on the first business day
953that is at least 15 calendar days after the day on which the constitution or bylaws are
954adopted or amended.
955   (2) Each state political party, each new political party seeking registration, and each
956unregistered political party seeking registration shall ensure that the party's constitution
957or bylaws contain:
958(a) provisions establishing party organization, structure, membership, and governance
959that include:
960(i) a description of the position, selection process, qualifications, duties, and terms of
961each party officer and committees defined by constitution and bylaws;
962(ii) a provision requiring a designated party officer to serve as liaison with:
963(A) the lieutenant governor on all matters relating to the political party's
964relationship with the state; and
965(B) each county legislative body on matters relating to the political party's
966relationship with a county;
967(iii) a description of the requirements for participation in party processes;
968(iv) the dates, times, and quorum of any regularly scheduled party meetings,
969conventions, or other conclaves; and
970(v) a mechanism for making the names of delegates, candidates, and elected party
971officers available to the public shortly after they are selected;
972(b) a procedure for selecting party officers that allows active participation by party
973members;
974(c) a procedure for selecting party candidates at the federal, state, and county levels that
975allows active participation by party members;
976(d)(i) a procedure for selecting electors who are pledged to cast their votes in the
977electoral college for the party's candidates for president and vice president of the
978United States; and
979(ii) a procedure for filling vacancies in the office of presidential elector because of
980death, refusal to act, failure to attend, ineligibility, or any other cause;
  - 29 -
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981(e) a procedure for filling vacancies in [the ] a partisan office[ of representative or
982senator or a county office, as described in Section 20A-1-508,] because of death,
983resignation, or ineligibility;
984(f) a provision requiring the governor and lieutenant governor to run as a joint ticket;
985(g) a procedure for replacing party candidates who die, acquire a disability that prevents
986the candidate from continuing the candidacy, or are disqualified before a primary or
987regular general election;
988(h) provisions governing the deposit and expenditure of party funds, and governing the
989accounting for, reporting, and audit of party financial transactions;
990(i) provisions governing access to party records;
991(j) a procedure for amending the constitution or bylaws that allows active participation
992by party members or their representatives;
993(k) a process for resolving grievances against the political party; and
994(l) if desired by the political party, a process for consulting with, and obtaining the
995opinion of, the political party's Utah Senate and Utah House of Representatives
996members about:
997(i) the performance of the two United States Senators from Utah, including
998specifically:
999(A) their views and actions regarding the defense of state's rights and federalism;
1000  and
1001  (B) their performance in representing Utah's interests;
1002  (ii) the members' opinion about, or rating of, and support or opposition to the policy
1003  positions of any candidates for United States Senate from Utah, including
1004  incumbents, including specifically:
1005  (A) their views and actions regarding the defense of state's rights and federalism;
1006  and
1007  (B) their performance in representing Utah's interests; and
1008  (iii) the members' collective or individual endorsement or rating of a particular
1009  candidate for United States Senate from Utah.
1010     (3) If, in accordance with a political party's constitution or bylaws, [a person] an individual
1011  files a declaration of candidacy or otherwise notifies the party of the [person's]
1012  individual's candidacy as a [legislative office candidate or state office candidate, as
1013  defined in Section 20A-11-101, to be appointed and fill a midterm vacancy in the office
1014  of representative or senator in the Legislature, as described in Section 20A-1-503, or in a
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 02-03 16:33  1st Sub. (Buff) H.B. 256
1015  state office as described in Section 20A-1-504] party candidate for a public office, the
1016  party shall forward a copy of that declaration or notification to the lieutenant governor
1017  before 5 p.m. no later than the day following the day on which the party receives the
1018  declaration or notification.
1019  Section 8. Section 20A-9-101 is amended to read:
1020  20A-9-101 . Definitions.
1021        As used in this chapter:
1022     (1)(a) "Candidates for elective office" means persons who file a declaration of candidacy
1023  under Section 20A-9-202 to run in a regular general election for a federal office,
1024  constitutional office, multicounty office, or county office.
1025  (b) "Candidates for elective office" does not [mean] include candidates for:
1026  (i) justice or judge of court of record or not of record;
1027  (ii) presidential elector;
1028  (iii) any political party offices; and
1029  (iv) municipal or special district offices.
1030     (2) "Constitutional office" means the state offices of governor, lieutenant governor, attorney
1031  general, state auditor, and state treasurer.
1032     (3) "Continuing political party" means the same as that term is defined in Section
1033  20A-8-101.
1034     (4)(a) "County office" means an elective office where the officeholder is selected by
1035  voters entirely within one county.
1036  (b) "County office" includes the following offices if the district for that office is entirely
1037  within one county:
1038  (i) the office of state legislator;
1039  (ii) the office of state school board member; or
1040  (iii) the office of local school board member.
1041  [(b)] (c) "County office" does not [mean] include:
1042  (i) the office of justice or judge of any court of record or not of record;
1043  (ii) the office of presidential elector;
1044  (iii) any political party offices;
1045  (iv) any municipal or special district offices; [and] or
1046  (v) the office of United States Senator and United States Representative.
1047     (5) "Electronic candidate qualification process" means:
1048  (a) as it relates to a registered political party that is not a qualified political party, the
  - 31 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1049  process for gathering signatures electronically to seek the nomination of a registered
1050  political party, described in:
1051  (i) Section 20A-9-403;
1052  (ii) Section 20A-9-405, except Subsections 20A-9-405(3) and (5); and
1053  (iii) Section 20A-21-201; and
1054  (b) as it relates to a qualified political party, the process, for gathering signatures
1055  electronically to seek the nomination of a registered political party, described in:
1056  (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
1057  (ii) Section 20A-9-408; and
1058  (iii) Section 20A-21-201.
1059     (6) "Federal office" means an elective office for United States Senator and United States
1060  Representative.
1061     (7) "Filing officer" means:
1062  (a) the lieutenant governor, for:
1063  (i) the office of United States Senator and United States Representative; and
1064  (ii) all constitutional offices;
1065  (b) for the office of a state senator, state representative, or the state school board, the
1066  lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
1067  (c) the county clerk, for county offices and local school district offices;
1068  (d) the county clerk in the filer's county of residence, for multicounty offices;
1069  (e) the city or town clerk, for municipal offices; or
1070  (f) the special district clerk, for special district offices.
1071     (8) "Local government office" includes county offices, municipal offices, and special
1072  district offices and other elective offices selected by the voters from a political division
1073  entirely within one county.
1074     (9) "Manual candidate qualification process" means the process for gathering signatures to
1075  seek the nomination of a registered political party, using paper signature packets that a
1076  signer physically signs.
1077     (10)(a) "Multicounty office" means an elective office where the officeholder is selected
1078  by the voters from more than one county.
1079  (b) "Multicounty office" includes the following offices if the district for that office
1080  includes all or part of at least two counties:
1081  (i) the office of state legislator;
1082  (ii) the office of state school board member; or
  - 32 -
 02-03 16:33  1st Sub. (Buff) H.B. 256
1083  (iii) the office of local school board member.
1084  [(b)] (c) "Multicounty office" does not [mean] include:
1085  (i) a county office;
1086  (ii) a federal office;
1087  (iii) the office of justice or judge of any court of record or not of record;
1088  (iv) the office of presidential elector;
1089  (v) any political party offices; or
1090  (vi) any municipal or special district offices.
1091     (11) "Municipal office" means an elective office in a municipality.
1092     (12)(a) "Political division" means a geographic unit from which an officeholder is
1093  elected and that an officeholder represents.
1094  (b) "Political division" includes a county, a city, a town, a special district, a school
1095  district, a legislative district, and a county prosecution district.
1096     (13) "Qualified political party" means a registered political party that:
1097  (a)(i) permits a delegate for the registered political party to vote on a candidate
1098  nomination in the registered political party's convention remotely; or
1099  (ii) provides a procedure for designating an alternate delegate if a delegate is not
1100  present at the registered political party's convention;
1101  (b) does not hold the registered political party's convention before the fourth Saturday in
1102  March of an even-numbered year;
1103  (c) permits a member of the registered political party to seek the registered political
1104  party's nomination for any elective office by the member choosing to seek the
1105  nomination by either or both of the following methods:
1106  (i) seeking the nomination through the registered political party's convention process,
1107  in accordance with the provisions of Section 20A-9-407; or
1108  (ii) seeking the nomination by collecting signatures, in accordance with the
1109  provisions of Section 20A-9-408; and
1110  (d)(i) if the registered political party is a continuing political party, no later than 5
1111  p.m. on the first Monday of October of an odd-numbered year, certifies to the
1112  lieutenant governor that, for the election in the following year, the registered
1113  political party intends to nominate the registered political party's candidates in
1114  accordance with the provisions of Section 20A-9-406; or
1115  (ii) if the registered political party is not a continuing political party, certifies at the
1116  time that the registered political party files the petition described in Section
  - 33 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1117  20A-8-103 that, for the next election, the registered political party intends to
1118  nominate the registered political party's candidates in accordance with the
1119  provisions of Section 20A-9-406.
1120     (14) "Signature," as it relates to a petition for a candidate to seek the nomination of a
1121  registered political party, means:
1122  (a) when using the manual candidate qualification process, a holographic signature
1123  collected physically on a nomination petition described in Subsection 20A-9-405(3);
1124  or
1125  (b) when using the electronic candidate qualification process:
1126  (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
1127  (ii) a holographic signature collected electronically under Subsection
1128  20A-21-201(6)(c)(ii)(B).
1129     (15) "Special district office" means an elected office in a special district.
1130  Section 9. Section 20A-9-201 is amended to read:
1131  20A-9-201 . Declarations of candidacy -- Candidacy for more than one office or
1132     of more than one political party prohibited with exceptions -- General filing and form
1133     requirements -- Affidavit of impecuniosity.
1134     (1) Before filing a declaration of candidacy for election to any office, an individual shall:
1135  (a) be a United States citizen;
1136  (b) meet the legal requirements of that office; and
1137  (c) if seeking a registered political party's nomination as a candidate for elective office,
1138  state to the filing officer:
1139  (i) the registered political party of which the individual is a member; or
1140  (ii) that the individual is not a member of a registered political party.
1141     (2)(a) Except as provided in Subsection (2)(b), an individual may not:
1142  (i) file a declaration of candidacy for, or be a candidate for, more than one office in
1143  Utah during any election year;
1144  (ii) appear on the ballot as the candidate of more than one political party; or
1145  (iii) file a declaration of candidacy for a registered political party of which the
1146  individual is not a member, except to the extent that the registered political party
1147  permits otherwise in the registered political party's bylaws.
1148  (b)(i) An individual may file a declaration of candidacy for, or be a candidate for,
1149  president or vice president of the United States and another office, if the
1150  individual resigns the individual's candidacy for the other office after the
  - 34 -
 02-03 16:33  1st Sub. (Buff) H.B. 256
1151  individual is officially nominated for president or vice president of the United
1152  States.
1153  (ii) An individual may file a declaration of candidacy for, or be a candidate for, more
1154  than one justice court judge office.
1155  (iii) An individual may file a declaration of candidacy for lieutenant governor even if
1156  the individual filed a declaration of candidacy for another office in the same
1157  election year if the individual withdraws as a candidate for the other office in
1158  accordance with Subsection 20A-9-202(6) before filing the declaration of
1159  candidacy for lieutenant governor.
1160  (iv) For the 2026 election year only, an individual who files a declaration of
1161  candidacy to seek the nomination of a qualified political party for constitutional
1162  office, multicounty office, or county office:
1163  (A) may also be a candidate for United States representative;
1164  (B) may, if the individual desires to use the signature-gathering process to qualify
1165  for the primary election ballot for the office of United States representative, file
1166  a notice of intent to gather signatures for, and gather signatures for, that office;
1167  and
1168  (C) shall, before filing a declaration of candidacy for the office of United States
1169  representative, withdraw as a candidate for the constitutional office,
1170  multicounty office, or county office for which the individual filed a declaration
1171  of candidacy.
1172     (3)(a) Except for a candidate for president or vice president of the United States, before
1173  the filing officer may accept any declaration of candidacy, the filing officer shall:
1174  (i) read to the individual the constitutional and statutory qualification requirements
1175  for the office that the individual is seeking;
1176  (ii) require the individual to state whether the individual meets the requirements
1177  described in Subsection (3)(a)(i);
1178  (iii) if the declaration of candidacy is for a county office, inform the individual that
1179  an individual who holds a county elected office may not, at the same time, hold a
1180  municipal elected office; and
1181  (iv) if the declaration of candidacy is for a legislative office, inform the individual
1182  that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
1183  public office of profit or trust, under authority of the United States or Utah, from
1184  being a member of the Legislature.
  - 35 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1185  (b)(i) Before accepting a declaration of candidacy for the office of county attorney,
1186  the county clerk shall ensure that the individual filing that declaration of
1187  candidacy is:
1188  (A) a United States citizen;
1189  (B) an attorney licensed to practice law in the state who is an active member in
1190  good standing of the Utah State Bar;
1191  (C) a registered voter in the county in which the individual is seeking office; and
1192  (D) a current resident of the county in which the individual is seeking office and
1193  either has been a resident of that county for at least one year before the date of
1194  the election or was appointed and is currently serving as county attorney and
1195  became a resident of the county within 30 calendar days after appointment to
1196  the office.
1197  (ii) An individual filing a declaration of candidacy for the office of county attorney
1198  shall submit with the individual's declaration:
1199  (A) a letter from the Utah Supreme Court, affirming that the individual is an
1200  attorney in good standing;
1201  (B) proof of the individual's application with the Utah State Bar, with an affidavit
1202  describing the status of the individual's application; or
1203  (C) an affidavit describing how the individual intends to comply with the
1204  requirements for office of county attorney described in Subsection (3)(b)(i),
1205  prior to taking office.
1206  (iii) In addition to the requirements described in Subsection (3)(b)(ii), an individual
1207  shall also provide the filing officer with the individual's license number with:
1208  (A) the Utah State Bar, if the individual is a member; or
1209  (B) any other state bar association, if the individual is a member.
1210  (c)(i) Before accepting a declaration of candidacy for the office of district attorney,
1211  the county clerk shall ensure that, as of the date of the election, the individual
1212  filing that declaration of candidacy is:
1213  (A) a United States citizen;
1214  (B) an attorney licensed to practice law in the state who is an active member in
1215  good standing of the Utah State Bar;
1216  (C) a registered voter in the prosecution district in which the individual is seeking
1217  office; and
1218  (D) a current resident of the prosecution district in which the individual is seeking
  - 36 -
 02-03 16:33  1st Sub. (Buff) H.B. 256
1219  office and either will have been a resident of that prosecution district for at
1220  least one year before the date of the election or was appointed and is currently
1221  serving as district attorney or county attorney and became a resident of the
1222  prosecution district within 30 calendar days after receiving appointment to the
1223  office.
1224  (ii) An individual filing a declaration of candidacy for the office of district attorney
1225  shall submit with the individual's declaration:
1226  (A) a letter from the Utah Supreme Court, affirming that the individual is an
1227  attorney in good standing;
1228  (B) proof of the individual's application with the Utah State Bar, with an affidavit
1229  describing the status of the individual's application; or
1230  (C) an affidavit describing how the individual intends to comply with the
1231  requirements for office of district attorney described in Subsection (3)(c)(i),
1232  prior to taking office.
1233  (iii) In addition to the requirements described in Subsection (3)(c)(ii), an individual
1234  shall also provide the filing officer with the individual's license number with:
1235  (A) the Utah State Bar, if the individual is a member; or
1236  (B) any other state bar association, if the individual is a member.
1237        (d) Before accepting a declaration of candidacy for the office of county sheriff, the
1238  county clerk shall ensure that the individual filing the declaration:
1239  (i) is a United States citizen;
1240  (ii) is a registered voter in the county in which the individual seeks office;
1241  (iii)(A) has successfully met the standards and training requirements established
1242  for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
1243  Training and Certification Act; or
1244  (B) has met the waiver requirements in Section 53-6-206;
1245  (iv) is qualified to be certified as a law enforcement officer, as defined in Section
1246  53-13-103; and
1247  (v) before the date of the election, will have been a resident of the county in which
1248  the individual seeks office for at least one year.
1249        (e)(i) An individual filing a declaration of candidacy for the office of attorney general
1250  shall submit with the individual's declaration:
1251  (A) a letter from the Utah Supreme Court, affirming that the individual is an
1252  attorney in good standing;
  - 37 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1253  (B) proof of the individual's application with the Utah State Bar, with an affidavit
1254  describing the status of the individual's application; or
1255  (C) an affidavit describing how the individual intends to comply with the
1256  requirements for office of attorney general, described in Article VII, Sec. 3,
1257  Utah Constitution, prior to taking office.
1258  (ii) In addition to the requirements described in Subsection (3)(e)(i), an individual
1259  shall also provide the filing officer with the individual's license number with:
1260  (A) the Utah State Bar, if the individual is a member; or
1261  (B) any other state bar association, if the individual is a member.
1262  (iii) An individual filing the declaration of candidacy for the office of attorney
1263  general shall also make the conflict of interest disclosure described in Section
1264  20A-11-1603.
1265  (f) Before accepting a declaration of candidacy for the office of governor, lieutenant
1266  governor, state auditor, state treasurer, state legislator, [or ]State Board of Education
1267  member, or local board of education member, the filing officer shall ensure that the
1268  individual filing the declaration of candidacy also makes the conflict of interest
1269  disclosure described in Section 20A-11-1603.
1270     (4) If an individual who files a declaration of candidacy does not meet the qualification
1271  requirements for the office the individual is seeking, the filing officer may not accept the
1272  individual's declaration of candidacy.
1273     (5) If an individual who files a declaration of candidacy meets the requirements described
1274  in Subsection (3), the filing officer shall:
1275  (a) inform the individual that:
1276  (i) subject to Section 20A-6-109, the individual's name will appear on the ballot as
1277  the individual's name is written on the individual's declaration of candidacy;
1278  (ii) the individual may be required to comply with state or local campaign finance
1279  disclosure laws; and
1280  (iii) the individual is required to file a financial statement before the individual's
1281  political convention under:
1282  (A) Section 20A-11-204 for a candidate for constitutional office;
1283  (B) Section 20A-11-303 for a candidate for the Legislature; [or]
1284  (C) Section 20A-9-1301 for a school board office candidate; or
1285  [(C)] (D) local campaign finance disclosure laws, if applicable;
1286  (b) except for a presidential candidate, provide the individual with a copy of the current
  - 38 -
 02-03 16:33  1st Sub. (Buff) H.B. 256
1287  campaign financial disclosure laws for the office the individual is seeking and inform
1288  the individual that failure to comply will result in disqualification as a candidate and
1289  removal of the individual's name from the ballot;
1290  (c)(i) provide the individual with a copy of Section 20A-7-801 regarding the
1291  Statewide Electronic Voter Information Website Program and inform the
1292  individual of the submission deadline under Subsection 20A-7-801(4)(a);
1293  (ii) inform the individual that the individual must provide the filing officer with an
1294  email address that the individual actively monitors:
1295  (A) to receive a communication from a filing officer or an election officer; and
1296  (B) if the individual wishes to display a candidate profile on the Statewide
1297  Electronic Voter Information Website, to submit to the website the
1298  biographical and other information described in Subsection 20A-7-801(4)(a)(ii);
1299  (iii) inform the individual that the email address described in Subsection (5)(c)(ii) is
1300  not a record under Title 63G, Chapter 2, Government Records Access and
1301  Management Act; and
1302  (iv) obtain from the individual the email address described in Subsection (5)(c)(ii);
1303  (d) provide the candidate with a copy of the pledge of fair campaign practices described
1304  under Section 20A-9-206 and inform the candidate that:
1305  (i) signing the pledge is voluntary; and
1306  (ii) signed pledges shall be filed with the filing officer;
1307  (e) accept the individual's declaration of candidacy; and
1308  (f) if the individual has filed for a partisan office, provide a certified copy of the
1309  declaration of candidacy to the chair of the county or state political party of which the
1310  individual is a member.
1311     (6) If the candidate elects to sign the pledge of fair campaign practices, the filing officer
1312  shall:
1313  (a) accept the candidate's pledge; and
1314  (b) if the candidate has filed for a partisan office, provide a certified copy of the
1315  candidate's pledge to the chair of the county or state political party of which the
1316  candidate is a member.
1317     (7)(a) Except for a candidate for president or vice president of the United States, the
1318  form of the declaration of candidacy shall:
1319     (i) be substantially as follows:
1320  "State of Utah, County of ____
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 1st Sub. (Buff) H.B. 256  02-03 16:33
1321  I, ______________, declare my candidacy for the office of ____, seeking the
1322  nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
1323  the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
1324  _____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
1325  knowingly violate any law governing campaigns and elections; if filing via a designated agent,
1326  I will be out of the state of Utah during the entire candidate filing period; I will file all
1327  campaign financial disclosure reports as required by law; and I understand that failure to do so
1328  will result in my disqualification as a candidate for this office and removal of my name from
1329  the ballot. The mailing address that I designate for receiving official election notices is
1330  ___________________________.
1331  ____________________________________________________________________
1332  Subscribed and sworn before me this __________(month\day\year).
1333
  Notary Public (or other officer qualified to administer oath)."; and
1334  (ii) require the candidate to state, in the sworn statement described in Subsection
1335  (7)(a)(i):
1336  (A) the registered political party of which the candidate is a member; or
1337  (B) that the candidate is not a member of a registered political party.
1338  (b) An agent designated under Subsection 20A-9-202(1)(c) to file a declaration of
1339  candidacy may not sign the form described in Subsection (7)(a) or Section
1340  20A-9-408.5.
1341     (8)(a) Except for a candidate for president or vice president of the United States, the fee
1342  for filing a declaration of candidacy is:
1343  (i) $50 for [candidates for the] a local school district board office candidate; and
1344  (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
1345  person holding the office for all other federal, state, and county offices.
1346  (b) Except for presidential candidates, the filing officer shall refund the filing fee to any
1347  candidate:
1348  (i) who is disqualified; or
1349  (ii) who the filing officer determines has filed improperly.
1350  (c)(i) The county clerk shall immediately pay to the county treasurer all fees received
1351  from candidates.
1352  (ii) The lieutenant governor shall:
1353  (A) apportion to and pay to the county treasurers of the various counties all fees
  - 40 -
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1354  received for filing of nomination certificates or acceptances; and
1355  (B) ensure that each county receives that proportion of the total amount paid to the
1356  lieutenant governor from the congressional district that the total vote of that
1357  county for all candidates for representative in Congress bears to the total vote
1358  of all counties within the congressional district for all candidates for
1359  representative in Congress.
1360  (d)(i) A person who is unable to pay the filing fee may file a declaration of candidacy
1361  without payment of the filing fee upon a prima facie showing of impecuniosity as
1362  evidenced by an affidavit of impecuniosity filed with the filing officer and, if
1363  requested by the filing officer, a financial statement filed at the time the affidavit
1364  is submitted.
1365  (ii) A person who is able to pay the filing fee may not claim impecuniosity.
1366  (iii)(A) False statements made on an affidavit of impecuniosity or a financial
1367  statement filed under this section shall be subject to the criminal penalties
1368  provided under Sections 76-8-503 and 76-8-504 and any other applicable
1369  criminal provision.
1370  (B) Conviction of a criminal offense under Subsection (8)(d)(iii)(A) shall be
1371  considered an offense under this title for the purposes of assessing the penalties
1372  provided in Subsection 20A-1-609(2).
1373     (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
1374  the following form:
1375  "Affidavit of Impecuniosity
1376  Individual Name
1377  ____________________________Address_____________________________
1378  Phone Number _________________
1379  I,__________________________(name), do solemnly [swear] [affirm], under penalty of
1380  law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
1381  by law.
1382  Date ______________
1383  Signature________________________________________________ Affiant
1384  Subscribed and sworn to before me on ___________ (month\day\year)
1385
  ______________________
1386
  - 41 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
  (signature)
1387  Name and Title of Officer Authorized to Administer Oath  ______________________".
1388     (v) The filing officer shall provide to a person who requests an affidavit of impecuniosity a
1389  statement printed in substantially the following form, which may be included on the affidavit
1390  of impecuniosity:
1391  "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
1392  candidate who is found guilty of filing a false statement, in addition to being subject to
1393  criminal penalties, will be removed from the ballot."
1394  (vi) The filing officer may request that a person who makes a claim of impecuniosity
1395  under this Subsection (8)(d) file a financial statement on a form prepared by the
1396  election official.
1397     (9) An individual who fails to file a declaration of candidacy or certificate of nomination
1398  within the time provided in this chapter is ineligible for nomination to office.
1399     (10) A declaration of candidacy filed under this section may not be amended or modified
1400  after the final date established for filing a declaration of candidacy.
1401  Section 10. Section 20A-9-403 is amended to read:
1402  20A-9-403 . Regular primary elections.
1403     (1)(a) Candidates for elective office that are to be filled at the next regular general
1404  election shall be nominated in a regular primary election by direct vote of the people
1405  in the manner prescribed in this section.
1406  (b) The regular primary election is held on the date [specified] described in Section
1407  20A-1-201.5.[ Nothing in this]
1408  (c) This section [shall] does not affect a candidate's ability to qualify for a regular general
1409  election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
1410  participate in a regular general election as a write-in candidate under Section
1411  20A-9-601.
1412  [(b)] (d) Each registered political party that chooses to have the names of the registered
1413  political party's candidates for elective office featured with party affiliation on the
1414  ballot at a regular general election shall comply with the requirements of this section
1415  and shall nominate the registered political party's candidates for elective office in the
1416  manner described in this section.
1417  [(c)] (e) A filing officer may not permit an official ballot at a regular general election to
1418  be produced or used if the ballot denotes affiliation between a registered political
1419  party or any other political group and a candidate for elective office who is not
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 02-03 16:33  1st Sub. (Buff) H.B. 256
1420  nominated in the manner prescribed in this section or in Subsection 20A-9-202(4).
1421  [(d)] (f) Unless noted otherwise, the dates in this section refer to those that occur in each
1422  even-numbered year in which a regular general election will be held.
1423     (2)(a) Each registered political party, in a statement filed with the lieutenant governor,
1424  shall:
1425  (i) either declare the registered political party's intent to participate in the next regular
1426  primary election or declare that the registered political party chooses not to have
1427  the names of the registered political party's candidates for elective office featured
1428  on the ballot at the next regular general election; and
1429  (ii) if the registered political party participates in the upcoming regular primary
1430  election, identify one or more registered political parties whose members may
1431  vote for the registered political party's candidates and whether individuals
1432  identified as unaffiliated with a political party may vote for the registered political
1433  party's candidates.
1434  (b)(i) A registered political party that is a continuing political party shall file the
1435  statement described in Subsection (2)(a) with the lieutenant governor no later than
1436  5 p.m. on November 30 of each odd-numbered year.
1437  (ii) An organization that is seeking to become a registered political party under
1438  Section 20A-8-103 shall file the statement described in Subsection (2)(a) at the
1439  time that the registered political party files the petition described in Section
1440  20A-8-103.
1441     (3)(a) Except as provided in Subsection (3)(e), an individual who submits a declaration
1442  of candidacy under Section 20A-9-202 shall appear as a candidate for elective office
1443  on the regular primary ballot of the registered political party listed on the declaration
1444  of candidacy only if the individual is certified by the appropriate filing officer as
1445  having submitted a nomination petition that was:
1446  (i) circulated and completed in accordance with Section 20A-9-405; and
1447  (ii) signed by at least 2% of the registered political party's members who reside in the
1448  political division of the office that the individual seeks.
1449  (b)(i) A candidate for elective office shall, in accordance with Section 20A-9-408.3,
1450  submit signatures for a nomination petition to the appropriate filing officer for
1451  verification and certification no later than 5 p.m. on March 31.
1452  (ii) A candidate may supplement the candidate's submissions at any time on or before
1453  the filing deadline.
  - 43 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1454  (c)(i) The lieutenant governor shall determine for each elective office the total
1455  number of signatures that must be submitted under Subsection (3)(a)(ii) or
1456  20A-9-408(8) by counting the aggregate number of individuals residing in each
1457  elective office's political division who have designated a particular registered
1458  political party on the individuals' voter registration forms on or before November
1459  15 of each odd-numbered year.
1460  (ii) The lieutenant governor shall publish the determination for each elective office
1461  no later than November 30 of each odd-numbered year.
1462  (d) The filing officer shall:
1463  (i) except as otherwise provided in Section 20A-21-201, and in accordance with
1464  Section 20A-9-408.3, verify signatures on nomination petitions in a transparent
1465  and orderly manner, no later than 14 calendar days after the day on which a
1466  candidate submits the signatures to the filing officer;
1467  (ii) for all qualifying candidates for elective office who submit nomination petitions
1468  to the filing officer, issue certifications referenced in Subsection (3)(a) no later
1469  than the deadline described in Subsection 20A-9-202(1)(b);
1470  (iii) consider active and inactive voters eligible to sign nomination petitions;
1471  (iv) consider an individual who signs a nomination petition a member of a registered
1472  political party for purposes of Subsection (3)(a)(ii) if the individual has designated
1473  that registered political party as the individual's party membership on the
1474  individual's voter registration form; and
1475  (v) except as otherwise provided in Section 20A-21-201 and with the assistance of
1476  the county clerk as applicable, use the procedures described in Section 20A-1-1002
1477  to verify submitted nomination petition signatures, or use statistical sampling
1478  procedures to verify submitted nomination petition signatures in accordance with
1479  rules made under Subsection (3)(f).
1480  (e) Notwithstanding any other provision in this Subsection (3), a candidate for lieutenant
1481  governor may appear on the regular primary ballot of a registered political party
1482  without submitting nomination petitions if the candidate files a declaration of
1483  candidacy and complies with Subsection 20A-9-202(3).
1484  (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1485  director of elections, within the Office of the Lieutenant Governor, may make rules
1486  that:
1487  (i) provide for the use of statistical sampling procedures that:
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1488  (A) filing officers are required to use to verify signatures under Subsection (3)(d);
1489  and
1490  (B) reflect a bona fide effort to determine the validity of a candidate's entire
1491  submission, using widely recognized statistical sampling techniques; and
1492  (ii) provide for the transparent, orderly, and timely submission, verification, and
1493  certification of nomination petition signatures.
1494  [(g) The county clerk shall:]
1495  [(i) review the declarations of candidacy filed by candidates for local boards of
1496  education to determine if more than two candidates have filed for the same seat;]
1497  [(ii) place the names of all candidates who have filed a declaration of candidacy for a
1498  local board of education seat on the nonpartisan section of the ballot if more than
1499  two candidates have filed for the same seat; and]
1500  [(iii) place the local board of education candidates' names on the ballot in accordance
1501  with Sections 20A-6-109 and 20A-6-110.]
1502     (4)(a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
1503  governor shall provide to the county clerks:
1504  (i) a list of the names of all candidates for federal, constitutional, multi-county, single
1505  county, and county offices who have received certifications under Subsection (3),
1506  along with instructions on how those names shall appear on the primary election
1507  ballot in accordance with Sections 20A-6-109 and 20A-6-110; and
1508  (ii) a list of unopposed candidates for elective office who have been nominated by a
1509  registered political party under Subsection (5)(c) and instruct the county clerks to
1510  exclude the unopposed candidates from the primary election ballot.
1511  (b) A candidate for lieutenant governor and a candidate for governor campaigning as
1512  joint-ticket running mates shall appear jointly on the primary election ballot.
1513     (c) After the county clerk receives the certified list from the lieutenant governor under
1514  Subsection (4)(a), the county clerk shall post or publish a primary election notice in
1515  substantially the following form:
1516  "Notice is given that a primary election will be held Tuesday, June ____,
1517  ________(year), to nominate party candidates for the parties[ and candidates for nonpartisan] ,
1518  including candidates for local school board positions listed on the primary ballot. The polling
1519  place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8
1520  p.m. of the same day. Attest: county clerk."
1521     (5)(a) A candidate who, at the regular primary election, receives the highest number of
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1522  votes cast for the office sought by the candidate is[:]
1523  [(i)] nominated for that office by the candidate's registered political party[; or] .
1524  [(ii) for a nonpartisan local school board position, nominated for that office.]
1525  (b) If two or more candidates are to be elected to the office at the regular general
1526  election, those party candidates equal in number to positions to be filled who receive
1527  the highest number of votes at the regular primary election are the nominees of the
1528  candidates' party for those positions.
1529  (c)(i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
1530  (A) no individual other than the candidate receives a certification under
1531  Subsection (3) for the regular primary election ballot of the candidate's
1532  registered political party for a particular elective office; or
1533  (B) for an office where more than one individual is to be elected or nominated, the
1534  number of candidates who receive certification under Subsection (3) for the
1535  regular primary election of the candidate's registered political party does not
1536  exceed the total number of candidates to be elected or nominated for that office.
1537  (ii) A candidate who is unopposed for an elective office in the regular primary
1538  election of a registered political party is nominated by the party for that office
1539  without appearing on the primary election ballot.
1540     (6) The expense of providing all ballots, blanks, or other supplies to be used at any primary
1541  election provided for by this section, and all expenses necessarily incurred in the
1542  preparation for or the conduct of that primary election shall be paid out of the treasury of
1543  the county or state, in the same manner as for the regular general elections.
1544     (7) An individual may not file a declaration of candidacy for a registered political party of
1545  which the individual is not a member, except to the extent that the registered political
1546  party permits otherwise under the registered political party's bylaws.
1547  Section 11. Section 20A-9-408 is amended to read:
1548  20A-9-408 . Signature-gathering process to seek the nomination of a qualified
1549     political party -- Removal of signature.
1550     (1) This section describes the requirements for a member of a qualified political party who
1551  is seeking the nomination of the qualified political party for an elective office through
1552  the signature-gathering process described in this section.
1553     (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of candidacy
1554  for a member of a qualified political party who is nominated by, or who is seeking the
1555  nomination of, the qualified political party under this section shall be substantially as
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1556  described in Section 20A-9-408.5.
1557     (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
1558  20A-9-202(4), a member of a qualified political party who, under this section, is seeking
1559  the nomination of the qualified political party for an elective office that is to be filled at
1560  the next general election shall:
1561  (a) except to the extent otherwise provided in Subsection (13)(a), during the applicable
1562  declaration of candidacy filing period described in Section 20A-9-201.5, and before
1563  gathering signatures under this section, file with the filing officer on a form approved
1564  by the lieutenant governor a notice of intent to gather signatures for candidacy that
1565  includes:
1566  (i) the name of the member who will attempt to become a candidate for a registered
1567  political party under this section;
1568  (ii) the name of the registered political party for which the member is seeking
1569  nomination;
1570  (iii) the office for which the member is seeking to become a candidate;
1571  (iv) the address and telephone number of the member; and
1572  (v) other information required by the lieutenant governor;
1573  (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
1574  person, with the filing officer during the applicable declaration of candidacy filing
1575  period described in Section 20A-9-201.5; and
1576  (c) pay the filing fee.
1577     (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political party
1578  who, under this section, is seeking the nomination of the qualified political party for the
1579  office of district attorney within a multicounty prosecution district that is to be filled at
1580  the next general election shall:
1581  (a) during the applicable declaration of candidacy filing period described in Section
1582  20A-9-201.5, and before gathering signatures under this section, file with the filing
1583  officer on a form approved by the lieutenant governor a notice of intent to gather
1584  signatures for candidacy that includes:
1585  (i) the name of the member who will attempt to become a candidate for a registered
1586  political party under this section;
1587  (ii) the name of the registered political party for which the member is seeking
1588  nomination;
1589  (iii) the office for which the member is seeking to become a candidate;
  - 47 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1590  (iv) the address and telephone number of the member; and
1591  (v) other information required by the lieutenant governor;
1592  (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy, in
1593  person, with the filing officer during the applicable declaration of candidacy filing
1594  period described in Section 20A-9-201.5; and
1595  (c) pay the filing fee.
1596     (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate who
1597  files as the joint-ticket running mate of an individual who is nominated by a qualified
1598  political party, under this section, for the office of governor shall, during the applicable
1599  declaration of candidacy filing period described in Section 20A-9-201.5, file a
1600  declaration of candidacy and submit a letter from the candidate for governor that names
1601  the lieutenant governor candidate as a joint-ticket running mate.
1602     (6) The lieutenant governor shall ensure that the certification described in Subsection
1603  20A-9-701(1) also includes the name of each candidate nominated by a qualified
1604  political party under this section.
1605     (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who is
1606  nominated by a qualified political party under this section, designate the qualified
1607  political party that nominated the candidate.
1608     (8) A member of a qualified political party may seek the nomination of the qualified
1609  political party for an elective office by:
1610  (a) complying with the requirements described in this section; and
1611  (b) collecting signatures, on a form approved by the lieutenant governor that complies
1612  with Subsection 20A-9-405(3), during the period beginning on the day on which the
1613  member files a notice of intent to gather signatures and ending at the applicable
1614  deadline described in Subsection (12), in the following amounts:
1615  (i) for a statewide race, 28,000 signatures of registered voters in the state who are
1616  permitted by the qualified political party to vote for the qualified political party's
1617  candidates in a primary election;
1618  (ii) except as provided in Subsection (13)(b), for a congressional district race, 7,000
1619  signatures of registered voters who are residents of the congressional district and
1620  are permitted by the qualified political party to vote for the qualified political
1621  party's candidates in a primary election;
1622  (iii) for a state Senate district race, 2,000 signatures of registered voters who are
1623  residents of the state Senate district and are permitted by the qualified political
  - 48 -
 02-03 16:33  1st Sub. (Buff) H.B. 256
1624  party to vote for the qualified political party's candidates in a primary election;
1625  (iv) for a state House district race, 1,000 signatures of registered voters who are
1626  residents of the state House district and are permitted by the qualified political
1627  party to vote for the qualified political party's candidates in a primary election;
1628  (v) for a State Board of Education race, the lesser of:
1629  (A) 2,000 signatures of registered voters who are residents of the State Board of
1630  Education district and are permitted by the qualified political party to vote for
1631  the qualified political party's candidates in a primary election; or
1632  (B) 3% of the registered voters of the qualified political party who are residents of
1633  the applicable State Board of Education district;[ and]
1634  (vi) for a county office race, signatures of 3% of the registered voters who are
1635  residents of the area permitted to vote for the county office and are permitted by
1636  the qualified political party to vote for the qualified political party's candidates in
1637  a primary election[.] ; and
1638  (vii) for a local school board race, signatures of 2% of the registered voters who are
1639  residents of the area permitted to vote for the local school board office and are
1640  permitted by the qualified political party to vote for the qualified political party's
1641  candidates in a primary election.
1642     (9)(a) This Subsection (9) applies only to the manual candidate qualification process.
1643  (b) In order for a member of the qualified political party to qualify as a candidate for the
1644  qualified political party's nomination for an elective office under this section, using
1645  the manual candidate qualification process, the member shall:
1646  (i) collect the signatures on a form approved by the lieutenant governor, using the
1647  same circulation and verification requirements described in Sections 20A-7-105
1648  and 20A-7-204; and
1649  (ii) in accordance with Section 20A-9-408.3, submit the signatures to the election
1650  officer before the applicable deadline described in Subsection (12).
1651  (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), and in
1652  accordance with Section 20A-9-408.3, the election officer shall, no later than the
1653  earlier of 14 calendar days after the day on which the election officer receives the
1654  signatures, or one day before the day on which the qualified political party holds the
1655  convention to select a nominee for the elective office to which the signature packets
1656  relate:
1657  (i) check the name of each individual who completes the verification for a signature
  - 49 -
 1st Sub. (Buff) H.B. 256  02-03 16:33
1658  packet to determine whether each individual is at least 18 years old;
1659  (ii) submit the name of each individual described in Subsection (9)(c)(i) who is not at
1660  least 18 years old to the attorney general and the county attorney;
1661  (iii) with the assistance of the county clerk as applicable, determine whether each
1662  signer is a registered voter who is qualified to sign the petition, using the same
1663  method, described in Section 20A-1-1002, used to verify a signature on a petition;
1664  and
1665  (iv) certify whether each name is that of a registered voter who is qualified to sign the
1666  signature packet.
1667  (d)(i) A registered voter who physically signs a form under Subsections (8) and (9)(b)
1668  may have the voter's signature removed from the form by, no later than 5 p.m.
1669  three business days after the day on which the member submits the signature form
1670  to the election officer, submitting to the election officer a statement requesting
1671  that the voter's signature be removed.
1672  (ii) A statement described in Subsection (9)(d)(i) shall comply with the requirements
1673  described in Subsection 20A-1-1003(2).
1674  (iii) With the assistance of the county clerk as applicable, the election officer shall
1675  use the procedures described in Subsection 20A-1-1003(3) to determine whether
1676  to remove an individual's signature after receiving a timely, valid statement
1677  requesting removal of the signature.
1678  (e)(i) An election officer shall, in accordance with this Subsection (9)(e) and rules
1679  made under Section 20A-3a-106, conduct regular audits of signature comparisons
1680  made between signatures gathered under this section and voter signatures
1681  maintained by the election officer.
1682  (ii) An individual who conducts an audit of signature comparisons under this section
1683  may not audit the individual's own work.
1684  (iii) The election officer shall:
1685  (A) audit 1% of all signature comparisons described in Subsection (9)(e)(i) to
1686  determine the accuracy of the comparisons made;
1687  (B) record the individuals who conducted the audit;
1688  (C) record the audit results;
1689  (D) provide additional training or staff reassignments, as needed, based on the
1690  results of an audit described in Subsection (9)(e)(i); and
1691  (E) record any remedial action taken.
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 02-03 16:33  1st Sub. (Buff) H.B. 256
1692  (iv) The audit results described in Subsection (9)(e)(iii)(C) are a public record.
1693  (f) An election officer who certifies signatures under Subsection (9)(c) or
1694  20A-9-403(3)(d) shall, after certifying enough signatures to establish that a candidate
1695  has reached the applicable signature threshold described in Subsection (8) or
1696  20A-9-403(3)(a), as applicable, continue to certify signatures submitted for the
1697  candidate in excess of the number of signatures required, until the election officer
1698  either:
1699  (i) certifies signatures equal to 110% of the applicable signature threshold; or
1700  (ii) has reviewed all signatures submitted for the candidate before reaching an
1701  amount equal to 110% of the applicable signature threshold.
1702     (10)(a) This Subsection (10) applies only to the electronic candidate qualification
1703  process.
1704  (b) In order for a member of the qualified political party to qualify as a candidate for the
1705  qualified political party's nomination for an elective office under this section, the
1706  member shall, before the deadline described in Subsection (12), collect signatures
1707  electronically:
1708  (i) in accordance with Section 20A-21-201; and
1709  (ii) using progressive screens, in a format approved by the lieutenant governor, that
1710  complies with Subsection 20A-9-405(4).
1711  (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
1712  election officer shall, no later than the earlier of 14 calendar days after the day on
1713  which the election officer receives the signatures, or one day before the day on which
1714  the qualified political party holds the convention to select a nominee for the elective
1715  office to which the signature packets relate:
1716  (i) check the name of each individual who completes the verification for a signature
1717  to determine whether each individual is at least 18 years old; and
1718  (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not
1719  at least 18 years old to the attorney general and the county attorney.
1720     (11)(a) An individual may not gather signatures under this section until after the
1721  individual files a notice of intent to gather signatures for candidacy described in this
1722  section.
1723  (b) An individual who files a notice of intent to gather signatures for candidacy,
1724  described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the
1725  individual files the notice of intent to gather signatures for candidacy:
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1726  (i) required to comply with the reporting requirements that a candidate for office is
1727  required to comply with; and
1728  (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1729  apply to a candidate for office in relation to the reporting requirements described
1730  in Subsection (11)(b)(i).
1731  (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), or
1732  Subsections (8) and (10)(b), the election officer shall, no later than the day before the
1733  day on which the qualified political party holds the convention to select a nominee
1734  for the elective office to which the signature packets relate, notify the qualified
1735  political party and the lieutenant governor of the name of each member of the
1736  qualified political party who qualifies as a nominee of the qualified political party,
1737  under this section, for the elective office to which the convention relates.
1738  (d) Upon receipt of a notice of intent to gather signatures for candidacy described in this
1739  section, the lieutenant governor shall post the notice of intent to gather signatures for
1740  candidacy on the lieutenant governor's website in the same location that the
1741  lieutenant governor posts a declaration of candidacy.
1742     (12) The deadline before which a member of a qualified political party must collect and
1743  submit signatures to the election officer under this section is 5 p.m. on the last business
1744  day that is at least 14 calendar days before the day on which the qualified political
1745  party's convention for the office begins.
1746     (13) For the 2026 election year only, an individual who desires to gather signatures to seek
1747  the nomination of a qualified political party for the office of United States representative
1748  shall:
1749  (a) in accordance with Subsection (3)(a), file a notice of intent to gather signatures
1750  during the period beginning at 8 a.m. on the first business day of January and ending
1751  at 5 p.m. on March 13, 2026; and
1752  (b) during the period beginning on the day on which the individual files the notice of
1753  intent to gather signatures and ending at 5 p.m. on March 13, 2026, on a form
1754  approved by the lieutenant governor that complies with Subsection 20A-9-405(3),
1755  collect 7,000 signatures of registered voters who are residents of the state and are
1756  permitted by the qualified political party to vote for the qualified political party's
1757  candidates in a primary election.
1758  Section 12. Section 20A-11-101 is amended to read:
1759  20A-11-101 . Definitions.
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1760        As used in this chapter:
1761     (1)(a) "Address" means the number and street where an individual resides or where a
1762  reporting entity has its principal office.
1763  (b) "Address" does not include a post office box.
1764     (2) "Agent of a reporting entity" means:
1765  (a) a person acting on behalf of a reporting entity at the direction of the reporting entity;
1766  (b) a person employed by a reporting entity in the reporting entity's capacity as a
1767  reporting entity;
1768  (c) the personal campaign committee of a candidate or officeholder;
1769  (d) a member of the personal campaign committee of a candidate or officeholder in the
1770  member's capacity as a member of the personal campaign committee of the candidate
1771  or officeholder; or
1772  (e) a political consultant of a reporting entity.
1773     (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1774  amendments, and any other ballot propositions submitted to the voters that are
1775  authorized by the Utah Code Annotated 1953.
1776     (4) "Candidate" means [any person] an individual who:
1777  (a) files a declaration of candidacy for a public office; or
1778  (b) receives contributions, makes expenditures, or gives consent for [any other] a person
1779  to receive contributions or make expenditures to bring about the [person's] individual's
1780  nomination, appointment, or election to a public office.
1781     (5) "Chief election officer" means[:]
1782  [(a)] the lieutenant governor[ for state office candidates, legislative office candidates,
1783  officeholders, political parties, political action committees, corporations, political
1784  issues committees, state school board candidates, judges, and labor organizations, as
1785  defined in Section 20A-11-1501; and]
1786  [(b) the county clerk for local school board candidates].
1787     (6)(a) "Contribution" means any of the following when done for political purposes:
1788  (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1789  value given to the filing entity;
1790  (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1791  subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1792  money or anything of value to the filing entity;
1793  (iii) any transfer of funds from another reporting entity to the filing entity;
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1794  (iv) compensation paid by any person or reporting entity other than the filing entity
1795  for personal services provided without charge to the filing entity;
1796  (v) remuneration from:
1797  (A) any organization or its directly affiliated organization that has a registered
1798  lobbyist; or
1799  (B) any agency or subdivision of the state, including school districts;
1800  (vi) a loan made by a candidate deposited to the candidate's own campaign; and
1801  (vii) in-kind contributions.
1802  (b) "Contribution" does not include:
1803  (i) services provided by individuals volunteering a portion or all of their time on
1804  behalf of the filing entity if the services are provided without compensation by the
1805  filing entity or any other person;
1806  (ii) money lent to the filing entity by a financial institution in the ordinary course of
1807  business;
1808  (iii) goods or services provided for the benefit of a political entity at less than fair
1809  market value that are not authorized by or coordinated with the political entity; or
1810  (iv) data or information described in Subsection (24)(b).
1811     (7) "Coordinated with" means that goods or services provided for the benefit of a political
1812  entity are provided:
1813  (a) with the political entity's prior knowledge, if the political entity does not object;
1814  (b) by agreement with the political entity;
1815  (c) in coordination with the political entity; or
1816  (d) using official logos, slogans, and similar elements belonging to a political entity.
1817     (8)(a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1818  organization that is registered as a corporation or is authorized to do business in a
1819  state and makes any expenditure from corporate funds for:
1820  (i) the purpose of expressly advocating for political purposes; or
1821  (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1822  proposition.
1823  (b) "Corporation" does not mean:
1824  (i) a business organization's political action committee or political issues committee;
1825  or
1826  (ii) a business entity organized as a partnership or a sole proprietorship.
1827     (9) "County political party" means, for each registered political party, all of the persons
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1828  within a single county who, under definitions established by the political party, are
1829  members of the registered political party.
1830     (10) "County political party officer" means a person whose name is required to be
1831  submitted by a county political party to the lieutenant governor in accordance with
1832  Section 20A-8-402.
1833     (11) "Detailed listing" means:
1834  (a) for each contribution or public service assistance:
1835  (i) the name and address of the individual or source making the contribution or public
1836  service assistance, except to the extent that the name or address of the individual
1837  or source is unknown;
1838  (ii) the amount or value of the contribution or public service assistance; and
1839  (iii) the date the contribution or public service assistance was made; and
1840  (b) for each expenditure:
1841  (i) the amount of the expenditure;
1842  (ii) the goods or services acquired by the expenditure; and
1843  (iii) the date the expenditure was made.
1844     (12)(a) "Donor" means a person that gives money, including a fee, due, or assessment
1845  for membership in the corporation, to a corporation without receiving full and
1846  adequate consideration for the money.
1847  (b) "Donor" does not include a person that signs a statement that the corporation may not
1848  use the money for an expenditure or political issues expenditure.
1849     (13) "Election" means each:
1850  (a) regular general election;
1851  (b) regular primary election; and
1852  (c) special election at which candidates are eliminated and selected.
1853     (14) "Electioneering communication" means a communication that:
1854  (a) has at least a value of $10,000;
1855  (b) clearly identifies a candidate or judge; and
1856  (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1857  facility, direct mailing, broadcast, cable, or satellite provider within 45 calendar days
1858  before the clearly identified candidate's or judge's election date.
1859     (15)(a) "Expenditure" means any of the following made by a reporting entity or an agent
1860  of a reporting entity on behalf of the reporting entity:
1861  (i) any disbursement from contributions, receipts, or from the separate bank account
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1862  required by this chapter;
1863  (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1864  or anything of value made for political purposes;
1865  (iii) an express, legally enforceable contract, promise, or agreement to make any
1866  purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1867  or anything of value for political purposes;
1868  (iv) compensation paid by a filing entity for personal services rendered by a person
1869  without charge to a reporting entity;
1870  (v) a transfer of funds between the filing entity and a candidate's personal campaign
1871  committee;
1872  (vi) goods or services provided by the filing entity to or for the benefit of another
1873  reporting entity for political purposes at less than fair market value; or
1874  (vii) an independent expenditure, as defined in Section 20A-11-1702.
1875  (b) "Expenditure" does not include:
1876  (i) services provided without compensation by individuals volunteering a portion or
1877  all of their time on behalf of a reporting entity;
1878  (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1879  business; or
1880  (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
1881  candidates for office or officeholders in states other than Utah.
1882     (16) "Federal office" means the office of president of the United States, United States
1883  Senator, or United States Representative.
1884     (17) "Filing entity" means the reporting entity that is required to file a financial statement
1885  required [by] under this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1886     (18) "Financial statement" includes any summary report, interim report, verified financial
1887  statement, or other statement disclosing contributions, expenditures, receipts, donations,
1888  or disbursements that is required [by] under this chapter or Chapter 12, Part 2, Judicial
1889  Retention Elections.
1890     (19) "Governing board" means the individual or group of individuals that determine the
1891  candidates and committees that will receive expenditures from a political action
1892  committee, political party, or corporation.
1893     (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
1894  Incorporation, by which a geographical area becomes legally recognized as a city or
1895  town.
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1896     (21) "Incorporation election" means the election conducted under Section 10-2a-210.
1897     (22) "Incorporation petition" means a petition described in Section 10-2a-208.
1898     (23) "Individual" means a natural person.
1899     (24)(a) "In-kind contribution" means anything of value, other than money, that is
1900  accepted by or coordinated with a filing entity.
1901  (b) "In-kind contribution" does not include survey results, voter lists, voter contact
1902  information, demographic data, voting trend data, or other information that:
1903  (i) is not commissioned for the benefit of a particular candidate or officeholder; and
1904  (ii) is offered at no cost to a candidate or officeholder.
1905     (25) "Interim report" means a report identifying the contributions received and expenditures
1906  made since the last report.
1907     (26) "Legislative office" means the office of state senator, state representative, speaker of
1908  the House of Representatives, president of the Senate, and the leader, whip, and assistant
1909  whip of any party caucus in either house of the Legislature.
1910     (27) "Legislative office candidate" means a person who:
1911  (a) files a declaration of candidacy for the office of state senator or state representative;
1912  (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1913  speaker of the House of Representatives, president of the Senate, or the leader, whip,
1914  and assistant whip of any party caucus in either house of the Legislature; or
1915  (c) receives contributions, makes expenditures, or gives consent for any other person to
1916  receive contributions or make expenditures to bring about the person's nomination,
1917  election, or appointment to a legislative office.
1918     (28) "Loan" means any of the following provided by a person that benefits a filing entity if
1919  the person expects repayment or reimbursement:
1920  (a) an expenditure made using any form of payment;
1921  (b) money or funds received by the filing entity;
1922  (c) the provision of a good or service with an agreement or understanding that payment
1923  or reimbursement will be delayed; or
1924  (d) use of any line of credit.
1925     (29) "Major political party" means either of the two registered political parties that have the
1926  greatest number of members elected to the two houses of the Legislature.
1927     (30) "Officeholder" means [a person] an individual who holds a public office.
1928     (31) "Party committee" means any committee organized by or authorized by the governing
1929  board of a registered political party.
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1930     (32) "Person" means both natural and legal persons, including individuals, business
1931  organizations, personal campaign committees, party committees, political action
1932  committees, political issues committees, and labor organizations, as defined in Section
1933  20A-11-1501.
1934     (33) "Personal campaign committee" means the committee appointed by a candidate to act
1935  for the candidate as provided in this chapter.
1936     (34) "Personal use expenditure" has the same meaning as provided under Section
1937  20A-11-104.
1938     (35)(a) "Political action committee" means an entity, or any group of individuals or
1939  entities within or outside this state, a major purpose of which is to:
1940  (i) solicit or receive contributions from any other person, group, or entity for political
1941  purposes; or
1942  (ii) make expenditures to expressly advocate for any person to refrain from voting or
1943  to vote for or against any candidate or person seeking election to a municipal or
1944  county office.
1945  (b) "Political action committee" includes [groups] a group affiliated with a registered
1946  political party but not authorized or organized by the governing board of the
1947  registered political party that receive contributions or makes expenditures for
1948  political purposes.
1949  (c) "Political action committee" does not [mean] include:
1950  (i) a party committee;
1951  (ii) any entity that provides goods or services to a candidate or committee in the
1952  regular course of its business at the same price that would be provided to the
1953  general public;
1954  (iii) an individual;
1955  (iv) individuals who are related and who make contributions from a joint checking
1956  account;
1957  (v) a corporation, except a corporation a major purpose of which is to act as a
1958  political action committee; or
1959  (vi) a personal campaign committee.
1960     (36)(a) "Political consultant" means a person who is paid by a reporting entity, or paid
1961  by another person on behalf of and with the knowledge of the reporting entity, to
1962  provide political advice to the reporting entity.
1963  (b) "Political consultant" includes a circumstance described in Subsection (36)(a), where
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1964  the person:
1965  (i) has already been paid, with money or other consideration;
1966  (ii) expects to be paid in the future, with money or other consideration; or
1967  (iii) understands that the person may, in the discretion of the reporting entity or
1968  another person on behalf of and with the knowledge of the reporting entity, be
1969  paid in the future, with money or other consideration.
1970     (37) "Political convention" means a county or state political convention held by a registered
1971  political party to select candidates.
1972     (38) "Political entity" means a candidate, a political party, a political action committee, or a
1973  political issues committee.
1974     (39)(a) "Political issues committee" means an entity, or any group of individuals or
1975  entities within or outside this state, a major purpose of which is to:
1976  (i) solicit or receive donations from any other person, group, or entity to assist in
1977  placing a ballot proposition on the ballot, assist in keeping a ballot proposition off
1978  the ballot, or to advocate that a voter refrain from voting or vote for or vote
1979  against any ballot proposition;
1980  (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1981  ballot proposition or incorporation petition or refrain from voting, vote for, or vote
1982  against any proposed ballot proposition or an incorporation in an incorporation
1983  election; or
1984  (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1985  ballot or to assist in keeping a ballot proposition off the ballot.
1986  (b) "Political issues committee" does not [mean] include:
1987  (i) a registered political party or a party committee;
1988  (ii) any entity that provides goods or services to an individual or committee in the
1989  regular course of its business at the same price that would be provided to the
1990  general public;
1991  (iii) an individual;
1992  (iv) individuals who are related and who make contributions from a joint checking
1993  account;
1994  (v) a corporation, except a corporation a major purpose of which is to act as a
1995  political issues committee; or
1996  (vi) a group of individuals who:
1997  (A) associate together for the purpose of challenging or supporting a single ballot
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1998  proposition, ordinance, or other governmental action by a county, city, town,
1999  special district, special service district, or other local political subdivision of
2000  the state;
2001  (B) have a common liberty, property, or financial interest that is directly impacted
2002  by the ballot proposition, ordinance, or other governmental action;
2003  (C) do not associate together, for the purpose described in Subsection
2004  (39)(b)(vi)(A), via a legal entity;
2005  (D) do not receive funds for challenging or supporting the ballot proposition,
2006  ordinance, or other governmental action from a person other than an individual
2007  in the group; and
2008  (E) do not expend a total of more than $5,000 for the purpose described in
2009  Subsection (39)(b)(vi)(A).
2010     (40)(a) "Political issues contribution" means any of the following:
2011  (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money
2012  or anything of value given to a political issues committee;
2013  (ii) an express, legally enforceable contract, promise, or agreement to make a
2014  political issues donation to influence the approval or defeat of any ballot
2015  proposition;
2016  (iii) any transfer of funds received by a political issues committee from a reporting
2017  entity;
2018  (iv) compensation paid by another reporting entity for personal services rendered
2019  without charge to a political issues committee; and
2020  (v) goods or services provided to or for the benefit of a political issues committee at
2021  less than fair market value.
2022  (b) "Political issues contribution" does not include:
2023  (i) services provided without compensation by individuals volunteering a portion or
2024  all of their time on behalf of a political issues committee; or
2025  (ii) money lent to a political issues committee by a financial institution in the
2026  ordinary course of business.
2027     (41)(a) "Political issues expenditure" means any of the following when made by a
2028  political issues committee or on behalf of a political issues committee by an agent of
2029  the reporting entity:
2030  (i) any payment from political issues contributions made for the purpose of
2031  influencing the approval or the defeat of:
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2032  (A) a ballot proposition; or
2033  (B) an incorporation petition or incorporation election;
2034  (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made
2035  for the express purpose of influencing the approval or the defeat of:
2036  (A) a ballot proposition; or
2037  (B) an incorporation petition or incorporation election;
2038  (iii) an express, legally enforceable contract, promise, or agreement to make any
2039  political issues expenditure;
2040  (iv) compensation paid by a reporting entity for personal services rendered by a
2041  person without charge to a political issues committee; or
2042  (v) goods or services provided to or for the benefit of another reporting entity at less
2043  than fair market value.
2044  (b) "Political issues expenditure" does not include:
2045  (i) services provided without compensation by individuals volunteering a portion or
2046  all of their time on behalf of a political issues committee; or
2047  (ii) money lent to a political issues committee by a financial institution in the
2048  ordinary course of business.
2049     (42) "Political purposes" means an act done with the intent or in a way to influence or tend
2050  to influence, directly or indirectly, [any person] an individual to refrain from voting or to
2051  vote for or against[ any]:
2052  (a) a candidate[ or a person] ;
2053  (b) an individual seeking a municipal or county office at [any] a caucus, political
2054  convention, or election; or
2055  [(b)] (c) a judge standing for retention at any election.
2056     (43)(a) "Poll" means the survey of a person regarding the person's opinion or knowledge
2057  of an individual who has filed a declaration of candidacy for public office, or of a
2058  ballot proposition that has legally qualified for placement on the ballot, which is
2059  conducted in person or by telephone, facsimile, Internet, postal mail, or email.
2060  (b) "Poll" does not include:
2061  (i) a ballot; or
2062  (ii) an interview of a focus group that is conducted, in person, by one individual, if:
2063  (A) the focus group consists of more than three, and less than thirteen, individuals;
2064  and
2065  (B) all individuals in the focus group are present during the interview.
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2066     (44) "Primary election" means any regular primary election held under the election laws.
2067     (45) "Publicly identified class of individuals" means a group of 50 or more individuals
2068  sharing a common occupation, interest, or association that contribute to a political action
2069  committee or political issues committee and whose names can be obtained by contacting
2070  the political action committee or political issues committee upon whose financial
2071  statement the individuals are listed.
2072     [(46) "Public office" means the office of governor, lieutenant governor, state auditor, state
2073  treasurer, attorney general, state school board member, state senator, state representative,
2074  speaker of the House of Representatives, president of the Senate, and the leader, whip,
2075  and assistant whip of any party caucus in either house of the Legislature.]
2076     (46) "Public office" means:
2077  (a) legislative office;
2078  (b) state school board office; or
2079  (c) statewide office.
2080     (47)(a) "Public service assistance" means the following when given or provided to an
2081  officeholder to defray the costs of functioning in a public office or aid the
2082  officeholder to communicate with the officeholder's constituents:
2083  (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit
2084  of money or anything of value to an officeholder; or
2085  (ii) goods or services provided at less than fair market value to or for the benefit of
2086  the officeholder.
2087  (b) "Public service assistance" does not include:
2088  (i) anything provided by the state;
2089  (ii) services provided without compensation by individuals volunteering a portion or
2090  all of their time on behalf of an officeholder;
2091  (iii) money lent to an officeholder by a financial institution in the ordinary course of
2092  business;
2093  (iv) news coverage or any publication by the news media; or
2094  (v) any article, story, or other coverage as part of any regular publication of any
2095  organization unless substantially all the publication is devoted to information
2096  about the officeholder.
2097     (48) "Receipts" means contributions and public service assistance.
2098     (49) "Registered lobbyist" means a person licensed under Title 36, Chapter 11, Lobbyist
2099  Disclosure and Regulation Act.
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2100     (50) "Registered political action committee" means any political action committee that is
2101  required by this chapter to file a statement of organization with the Office of the
2102  Lieutenant Governor.
2103     (51) "Registered political issues committee" means any political issues committee that is
2104  required by this chapter to file a statement of organization with the Office of the
2105  Lieutenant Governor.
2106     (52) "Registered political party" means an organization of voters that:
2107  (a) participated in the last regular general election and polled a total vote equal to 2% or
2108  more of the total votes cast for all candidates for the United States House of
2109  Representatives for any of its candidates for any office; or
2110  (b) has complied with the petition and organizing procedures of Chapter 8, Political
2111  Party Formation and Procedures.
2112     (53)(a) "Remuneration" means a payment:
2113  (i) made to a legislator for the period the Legislature is in session; and
2114  (ii) that is approximately equivalent to an amount a legislator would have earned
2115  during the period the Legislature is in session in the legislator's ordinary course of
2116  business.
2117  (b) "Remuneration" does not mean anything of economic value given to a legislator by:
2118  (i) the legislator's primary employer in the ordinary course of business; or
2119  (ii) a person or entity in the ordinary course of business:
2120  (A) because of the legislator's ownership interest in the entity; or
2121  (B) for services rendered by the legislator on behalf of the person or entity.
2122     (54) "Reporting entity" means a candidate, a candidate's personal campaign committee, a
2123  judge, a judge's personal campaign committee, an officeholder, a party committee, a
2124  political action committee, a political issues committee, a corporation, or a labor
2125  organization, as defined in Section 20A-11-1501.
2126     [(55) "School board office" means the office of state school board.]
2127     [(56)] (55)(a) "Source" means the person or entity that is the legal owner of the tangible
2128  or intangible asset that comprises the contribution.
2129  (b) "Source" means, for political action committees and corporations, the political action
2130  committee and the corporation as entities, not the contributors to the political action
2131  committee or the owners or shareholders of the corporation.
2132     (56) "State school board office" means the office of state school board member.
2133     (57) "State school board office candidate" means an individual who:
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2134  (a) files a declaration of candidacy for state school board office; or
2135  (b) receives contributions, makes expenditures, or gives consent for a person to receive
2136  contributions or make expenditures to bring about the individual's nomination,
2137  election, or appointment to state school board office.
2138     (58) "State school board officeholder" means an individual who holds a state school board
2139  office.
2140     [(57)] (59) "[State] Statewide office" means the offices of governor, lieutenant governor,
2141  attorney general, state auditor, and state treasurer.
2142     [(58)] (60) "[State] Statewide office candidate" means [a person] an individual who:
2143  (a) files a declaration of candidacy for a state office; or
2144  (b) receives contributions, makes expenditures, or gives consent for [any other] a person
2145  to receive contributions or make expenditures to bring about the [person's] individual's
2146  nomination, election, or appointment to a state office.
2147     [(59)] (61) "Summary report" means the year end report containing the summary of a
2148  reporting entity's contributions and expenditures.
2149     [(60)] (62) "Supervisory board" means the individual or group of individuals that allocate
2150  expenditures from a political issues committee.
2151  Section 13. Section 20A-11-103 is amended to read:
2152  20A-11-103 . Notice of pending interim and summary reports -- Form of
2153     submission -- Public availability -- Notice of reporting and filing requirements.
2154     (1)(a) Except as provided under Subsection (1)(b), on the last business day that is at least
2155  10 calendar days before an interim report or summary report is due under this chapter
2156  or Chapter 12, Part 2, Judicial Retention Elections, the chief election officer shall
2157  inform the filing entity by electronic mail unless postal mail is requested:
2158  (i) that the financial statement is due;
2159  (ii) of the date that the financial statement is due; and
2160  (iii) of the penalty for failing to file the financial statement.
2161  (b) The chief election officer is not required to provide notice:
2162  (i) to a candidate or political party of the financial statement that is due before the
2163  candidate's or political party's political convention;
2164  (ii) of a financial statement due in connection with a public hearing for an initiative
2165  under the requirements of Section 20A-7-204.1; or
2166  (iii) to a corporation or labor organization, as defined in Section 20A-11-1501.
2167     (2) A filing entity shall electronically file a financial statement via electronic mail or the
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2168  Internet according to specifications established by the chief election officer.
2169     (3)(a) A financial statement is considered timely filed if the financial statement is
2170  received by the chief election officer's office before midnight[, Mountain Time,] at
2171  the end of the day on which the financial statement is due.
2172  [(b) For a county clerk's office that is not open until midnight at the end of the day on
2173  which a financial statement is due, the county clerk shall permit a candidate to file
2174  the financial statement via email or another electronic means designated by the
2175  county clerk.]
2176  [(c)] (b) [A ] The chief election officer may extend the time in which a filing entity is
2177  required to file a financial statement if a filing entity notifies the chief election officer
2178  of the existence of an extenuating circumstance that is outside the control of the filing
2179  entity.
2180     (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access
2181  and Management Act, the lieutenant governor shall:
2182  (a) make each campaign finance statement filed by a candidate available for public
2183  inspection and copying no later than one business day after the statement is filed; and
2184  (b) post on a website established by the lieutenant governor:
2185  (i) an electronic copy or the contents of each summary report or interim report filed
2186  under the requirements of this chapter or Chapter 12, Part 2, Judicial Retention
2187  Elections, no later than three business days after the date on which the summary
2188  report or interim report is electronically filed; or
2189  (ii) for a campaign finance statement filed under the requirements of Section 10-3-208,
2190  for a municipality, or Section 11-70-403, for a county, a link to the municipal or
2191  county website that hosts the campaign finance statement, no later than seven
2192  business days after the date on which the lieutenant governor receives the link
2193  from:
2194  (A) the municipal clerk or recorder, in accordance with Subsection
2195  10-3-208(11)(b)(ii); or
2196  (B) the county clerk, in accordance with Subsection 17-70-403(21)(b)(ii).
2197     (5) The lieutenant governor shall provide, on the website described in Subsection (4)(b), the
2198  ability for an individual to search across disclosures made by all filing entities to identify
2199  contributions or expenditures made by a specific person.
2200     (6) Between January 1 and January 15 of each year, the chief election officer shall provide
2201  notice, by postal mail or email, to each filing entity for which the chief election officer
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2202  has a physical or email address, of the reporting and filing requirements described in this
2203  chapter.
2204  Section 14. Section 20A-11-201 is amended to read:
2205  Part 2. Statewide Office Candidates - Campaign Organization and Financial
2206
  Reporting Requirements
2207  20A-11-201 . Statewide office -- Separate bank account for campaign funds -- No
2208     personal use -- Statewide office candidate reporting deadline -- Report other accounts --
2209     Anonymous contributions.
2210     (1)(a) [Each state] A statewide office candidate or [the] a statewide candidate's personal
2211  campaign committee shall deposit each contribution received in one or more separate
2212  campaign accounts in a financial institution.
2213  (b) [A state] A statewide office candidate or a statewide candidate's personal campaign
2214  committee may not use money deposited in a campaign account for:
2215  (i) a personal use expenditure; or
2216  (ii) an expenditure prohibited by law.
2217  (c) [Each state] A statewide officeholder or [the state] a statewide officeholder's personal
2218  campaign committee shall deposit each contribution and public service assistance
2219  received in one or more separate campaign accounts in a financial institution.
2220  (d) A [state] statewide officeholder or a [state] statewide officeholder's personal campaign
2221  committee may not use money deposited in a campaign account for:
2222  (i) a personal use expenditure; or
2223  (ii) an expenditure prohibited by law.
2224     (2)(a) A [state] statewide office candidate or [the] a statewide candidate's personal
2225  campaign committee may not deposit or mingle any contributions received into a
2226  personal or business account.
2227  (b) A [state] statewide officeholder or [the state] a statewide officeholder's personal
2228  campaign committee may not deposit or mingle any contributions or public service
2229  assistance received into a personal or business account.
2230     (3) If [a person] an individual who is no longer a [state] statewide office candidate chooses
2231  not to expend the money remaining in a campaign account, the [person] individual shall
2232  continue to file the year-end summary report required by Section 20A-11-203 until the
2233  statement of dissolution and final summary report required by Section 20A-11-205 are
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2234  filed with the lieutenant governor.
2235     (4)(a) Except as provided in Subsection (4)(b) and Section 20A-11-402, [a person] an
2236  individual who is no longer a [state] statewide office candidate may not expend or
2237  transfer the money in a campaign account in a manner that would cause the former [
2238  state] statewide office candidate to recognize the money as taxable income under
2239  federal tax law.
2240  (b) [A person] An individual who is no longer a [state] statewide office candidate may
2241  transfer the money in a campaign account in a manner that would cause the former [
2242  state] statewide office candidate to recognize the money as taxable income under
2243  federal tax law if the transfer is made to a campaign account for federal office.
2244     (5)(a) As used in this Subsection (5), "received" means the same as that term is defined
2245  in Subsection 20A-11-204(1)(b).
2246  (b) [Each state] A statewide office candidate shall report to the lieutenant governor each
2247  contribution received by the [state] statewide office candidate:
2248  (i) except as provided in Subsection (5)(b)(ii), within 31 calendar days after the day
2249  on which the contribution is received; or
2250  (ii) within seven business days after the day on which the contribution is received, if:
2251  (A) the [state] statewide office candidate is contested in a convention and the
2252  contribution is received within 30 calendar days before the day on which the
2253  convention is held;
2254  (B) the [state] statewide office candidate is contested in a primary election and the
2255  contribution is received within 30 calendar days before the day on which the
2256  primary election is held; or
2257  (C) the [state] statewide office candidate is contested in a general election and the
2258  contribution is received within 30 calendar days before the day on which the
2259  general election is held.
2260  (c) Except as provided in Subsection (5)(d), for each contribution that a [state] statewide
2261  office candidate fails to report within the time period described in Subsection (5)(b),
2262  the lieutenant governor shall impose a fine against the [state] statewide office
2263  candidate in an amount equal to:
2264  (i) 10% of the amount of the contribution, if the [state] statewide office candidate
2265  reports the contribution within 60 calendar days after the day on which the time
2266  period described in Subsection (5)(b) ends; or
2267  (ii) 20% of the amount of the contribution, if the [state] statewide office candidate
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2268  fails to report the contribution within 60 calendar days after the day on which the
2269  time period described in Subsection (5)(b) ends.
2270  (d) The lieutenant governor may waive the fine described in Subsection (5)(c) and issue
2271  a warning to the [state] statewide office candidate if:
2272  (i) the contribution that the [state] statewide office candidate fails to report is paid by
2273  the [state] statewide office candidate from the [state] statewide office candidate's
2274  personal funds;
2275  (ii) the [state] statewide office candidate has not previously violated Subsection (5)(c)
2276  in relation to a contribution paid by the [state] statewide office candidate from the [
2277  state] statewide office candidate's personal funds; and
2278  (iii) the lieutenant governor determines that the failure to timely report the
2279  contribution is due to the [state] statewide office candidate not understanding that
2280  the reporting requirement includes a contribution paid by a [state] statewide office
2281  candidate from the [state] statewide office candidate's personal funds.
2282  (e) The lieutenant governor shall:
2283  (i) deposit money received under Subsection (5)(c) into the General Fund; and
2284  (ii) report on the lieutenant governor's website, in the location where reports relating
2285  to each [state] statewide office candidate are available for public access:
2286  (A) each fine imposed by the lieutenant governor against the [state] statewide
2287  office candidate;
2288  (B) the amount of the fine;
2289  (C) the amount of the contribution to which the fine relates; and
2290  (D) the date of the contribution.
2291     (6)(a) As used in this Subsection (6), "account" means an account in a financial
2292  institution:
2293  (i) that is not described in Subsection (1)(a); and
2294  (ii) into which or from which a person who, as a candidate for an office, other than
2295  the [state] statewide office for which the person files a declaration of candidacy or
2296  federal office, or as a holder of an office, other than a [state] statewide office for
2297  which the person files a declaration of candidacy or federal office, deposits a
2298  contribution or makes an expenditure.
2299  (b) A [state] statewide office candidate shall include on any financial statement filed in
2300  accordance with this part:
2301  (i) a contribution deposited in an account:
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2302  (A) since the last campaign finance statement was filed; or
2303  (B) that has not been reported under a statute or ordinance that governs the
2304  account; or
2305  (ii) an expenditure made from an account:
2306  (A) since the last campaign finance statement was filed; or
2307  (B) that has not been reported under a statute or ordinance that governs the
2308  account.
2309     (7) Within 31 calendar days after the day on which a [state] statewide office candidate
2310  receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from
2311  an unknown source, the [state] statewide office candidate shall disburse the amount of
2312  the contribution to an organization that is exempt from federal income taxation under
2313  Section 501(c)(3), Internal Revenue Code.
2314  Section 15. Section 20A-11-202 is amended to read:
2315  20A-11-202 . Statewide office candidate -- Personal campaign committee
2316     required -- Candidate as a political action committee officer.
2317     (1)(a)[(i) Each state] A statewide office candidate shall select no more than one
2318  personal campaign committee, consisting of one or more persons, to receive
2319  contributions, make expenditures, and file reports connected with the candidate's
2320  campaign.
2321  [(ii)] (i) A [state] statewide office candidate may serve as the candidate's own
2322  campaign committee.
2323  [(iii)] (ii) A [state] statewide office candidate may be designated by a political action
2324  committee as an officer who has primary decision-making authority as described
2325  in Section 20A-11-601.
2326  (b) Except for expenses made by a registered political party to benefit a party's
2327  candidates generally, a [state] statewide office candidate or other person acting in
2328  concert with or with the knowledge of the [state] statewide office candidate may not
2329  receive any contributions or make any expenditures on behalf of a [state] statewide
2330  office candidate other than through:
2331  (i) a personal campaign committee established under this section; and
2332  (ii) a political action committee established under Part 6, Political Action Committee
2333  Registration and Financial Reporting Requirements.
2334     (2)(a) [The state] A statewide office candidate shall file a written statement signed by the
2335  candidate or authorized member of the statewide office candidate's personal
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 1st Sub. (Buff) H.B. 256  02-03 16:33
2336  campaign committee with the lieutenant governor that:
2337  (i) informs the lieutenant governor that the [state] statewide office candidate's
2338  personal campaign committee has been selected; and
2339  (ii) provides the name and address of each member and the secretary of the
2340  committee.
2341  (b) A [state] statewide office candidate or the candidate's personal campaign committee
2342  may not make any expenditures on behalf of the statewide candidate until the
2343  statement has been filed.
2344  (c) A [state] statewide office candidate may revoke the selection of any member of the
2345  campaign committee by:
2346  (i) revoking that individual's appointment or election in writing;
2347  (ii) personally serving the written revocation on the member whose selection is
2348  revoked; and
2349  (iii) filing a copy of the written revocation with the lieutenant governor.
2350  (d)(i) The [state] statewide office candidate may select a replacement to fill any
2351  vacancy on the campaign committee.
2352  (ii) The [state] statewide office candidate shall file that replacement's name and
2353  address with the lieutenant governor.
2354     (3) A member of a [state] statewide office candidate's personal campaign committee may
2355  not make an expenditure of more than $1,000 unless the [state] statewide office
2356  candidate or the secretary of the personal campaign committee authorizes the
2357  expenditure in writing.
2358     (4) A [state] statewide office candidate or the candidate's personal campaign committee may
2359  not make any expenditures prohibited by law.
2360  Section 16. Section 20A-11-203 is amended to read:
2361  20A-11-203 . Statewide office candidate -- Financial reporting requirements --
2362     Year-end summary report.
2363     (1)(a) [Each state] A statewide office candidate shall file a summary report by January 10
2364  of the year after the regular general election year.
2365  (b) In addition to the requirements of Subsection (1)(a), a former [state] statewide office
2366  candidate that has not filed the statement of dissolution and final summary report
2367  required under Section 20A-11-205 shall continue to file a summary report on
2368  January 10 of each year.
2369     (2)(a) Each summary report shall include the following information as of December 31
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2370  of the previous year:
2371  (i) the net balance of the last financial statement, if any;
2372  (ii) a single figure equal to the total amount of receipts reported on all interim reports,
2373  if any;
2374  (iii) a single figure equal to the total amount of expenditures reported on all interim
2375  reports, if any, filed during the previous year;
2376  (iv) a detailed listing of each contribution received since the last summary report that
2377  has not been reported in detail on an interim report;
2378  (v) for each nonmonetary contribution:
2379  (A) the fair market value of the contribution with that information provided by the
2380  contributor; and
2381  (B) a specific description of the contribution;
2382  (vi) a detailed listing of each expenditure made since the last summary report that has
2383  not been reported in detail on an interim report;
2384  (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
2385  (viii) a net balance for the year consisting of the net balance from the last summary
2386  report, if any, plus all receipts minus all expenditures; and
2387  (ix) the name of a political action committee for which the [state] statewide office
2388  candidate is designated as an officer who has primary decision-making authority
2389  under Section 20A-11-601.
2390  (b) In preparing the report, all receipts and expenditures shall be reported as of
2391  December 31 of the previous year.
2392  (c) A check or negotiable instrument received by a [state] statewide office candidate or a [
2393  state] statewide office candidate's personal campaign committee on or before
2394  December 31 of the previous year shall be included in the summary report.
2395     (3) An authorized member of the [state] statewide office candidate's personal campaign
2396  committee or the [state] statewide office candidate shall certify in the summary report
2397  that, to the best of the person's knowledge, all receipts and all expenditures have been
2398  reported as of December 31 of the previous year and that there are no bills or obligations
2399  outstanding and unpaid except as set forth in that report.
2400  Section 17. Section 20A-11-204 is amended to read:
2401  20A-11-204 . Statewide office candidate and statewide officeholder -- Financial
2402     reporting requirements -- Interim reports.
2403     (1) As used in this section:
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 1st Sub. (Buff) H.B. 256  02-03 16:33
2404  (a) "Campaign account" means a separate campaign account required under Subsection
2405  20A-11-201(1)(a) or (c).
2406  (b) "Received" means:
2407  (i) for a cash contribution, that the cash is given to a [state] statewide office candidate
2408  or a member of the [state] statewide office candidate's personal campaign
2409  committee;
2410  (ii) for a contribution that is a negotiable instrument or check, that the negotiable
2411  instrument or check is negotiated;
2412  (iii) for a direct deposit made into a campaign account by a person not associated
2413  with the campaign, the earlier of:
2414  (A) the day on which the [state] statewide office candidate or a member of the [
2415  state] statewide office candidate's personal campaign committee becomes aware
2416  of the deposit and the source of the deposit;
2417  (B) the day on which the [state] statewide office candidate or a member of the [
2418  state] statewide office candidate's personal campaign committee receives notice
2419  of the deposit and the source of the deposit by mail, email, text, or similar
2420  means; or
2421  (C) 31 calendar days after the day on which the direct deposit occurs; or
2422  (iv) for any other type of contribution, that any portion of the contribution's benefit
2423  inures to the [state] statewide office candidate.
2424     (2) Except as provided in Subsection (3), each [state] statewide office candidate shall file an
2425  interim report at the following times in any year in which the candidate has filed a
2426  declaration of candidacy for a public office:
2427  (a)(i) seven calendar days before the candidate's political convention; or
2428  (ii) for an unaffiliated candidate, the fourth Saturday in March;
2429  (b) seven calendar days before the regular primary election date;
2430  (c) September 30; and
2431  (d) seven calendar days before the regular general election date.
2432     (3) If a [state] statewide office candidate is a [state] statewide office candidate seeking
2433  appointment for a midterm vacancy, the [state] statewide office candidate:
2434  (a) shall file an interim report:
2435  (i) no later than three business days before the day on which the political party of the
2436  party for which the [state] statewide office candidate seeks nomination meets to
2437  declare a nominee for the governor to appoint in accordance with Subsection
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2438  20A-1-504(1)(a); or
2439  (ii) if a [state] statewide office candidate decides to seek the appointment with less
2440  than three business days before the day on which the political party meets, or the
2441  political party schedules the meeting to declare a nominee less than three business
2442  days before the day of the meeting, no later than 5 p.m. on the last day of business
2443  before the day on which the political party meets; and
2444  (b) is not required to file an interim report at the times described in Subsection (2).
2445     (4) Each interim report shall include the following information:
2446  (a) the net balance of the last summary report, if any;
2447  (b) a single figure equal to the total amount of receipts reported on all prior interim
2448  reports, if any, during the calendar year in which the interim report is due;
2449  (c) a single figure equal to the total amount of expenditures reported on all prior interim
2450  reports, if any, filed during the calendar year in which the interim report is due;
2451  (d) a detailed listing of:
2452  (i) for a [state] statewide office candidate, each contribution received since the last
2453  summary report that has not been reported in detail on a prior interim report; or
2454  (ii) for a [state] statewide officeholder, each contribution and public service assistance
2455  received since the last summary report that has not been reported in detail on a
2456  prior interim report;
2457  (e) for each nonmonetary contribution:
2458  (i) the fair market value of the contribution with that information provided by the
2459  contributor; and
2460  (ii) a specific description of the contribution;
2461  (f) a detailed listing of each expenditure made since the last summary report that has not
2462  been reported in detail on a prior interim report;
2463  (g) for each nonmonetary expenditure, the fair market value of the expenditure;
2464  (h) a net balance for the year consisting of the net balance from the last summary report,
2465  if any, plus all receipts since the last summary report minus all expenditures since the
2466  last summary report;
2467  (i) a summary page in the form required by the lieutenant governor that identifies:
2468  (i) beginning balance;
2469  (ii) total contributions and public service assistance received during the period since
2470  the last statement;
2471  (iii) total contributions and public service assistance received to date;
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2472  (iv) total expenditures during the period since the last statement; and
2473  (v) total expenditures to date; and
2474  (j) the name of a political action committee for which the [state] statewide office
2475  candidate or [state] statewide officeholder is designated as an officer who has primary
2476  decision-making authority under Section 20A-11-601.
2477     (5)(a) In preparing each interim report, all receipts and expenditures shall be reported as
2478  of five calendar days before the required filing date of the report.
2479  (b) Any negotiable instrument or check received by a [state] statewide office candidate or [
2480  state] a statewide officeholder more than five calendar days before the required filing
2481  date of a report required by this section shall be included in the interim report.
2482  Section 18. Section 20A-11-205 is amended to read:
2483  20A-11-205 . Statewide office candidate -- Financial reporting requirements --
2484     Termination of duty to report.
2485     (1) [Each state] A statewide office candidate and the candidate's personal campaign
2486  committee is active and subject to interim reporting requirements until:
2487  (a) the statewide office candidate withdraws or is eliminated in a convention or primary;
2488  or
2489  (b) if seeking appointment as a midterm vacancy [state] statewide office candidate:
2490  (i) the political party liaison fails to forward the person's name to the governor; or
2491  (ii) the governor fails to appoint the person to fill the vacancy.
2492     (2) [Each state] A statewide office candidate and the candidate's personal campaign
2493  committee is active and subject to year-end summary reporting requirements until the
2494  candidate has filed a statement of dissolution with the lieutenant governor stating that:
2495  (a) the [state] statewide office candidate or the personal campaign committee is no longer
2496  receiving contributions and is no longer making expenditures;
2497  (b) the ending balance on the last summary report filed is zero and the balance in the
2498  separate bank account required in Section 20A-11-201 is zero; and
2499  (c) a final summary report in the form required by Section 20A-11-203 showing a zero
2500  balance is attached to the statement of dissolution.
2501     (3) A statement of dissolution and a final summary report may be filed at any time.
2502     (4) [Each state] A statewide office candidate and the statewide office candidate's personal
2503  campaign committee shall continue to file the year-end summary report required by
2504  Section 20A-11-203 until the statement of dissolution and final summary report required
2505  by this section are filed with the lieutenant governor.
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2506  Section 19. Section 20A-11-206 is amended to read:
2507  20A-11-206 . Statewide office candidate -- Failure to file reports -- Penalties.
2508     (1) A [state] statewide office candidate who fails to file a financial statement before the
2509  deadline is subject to a fine imposed in accordance with Section 20A-11-1005.
2510     (2) If a [state] statewide office candidate fails to file an interim report described in
2511  Subsections 20A-11-204(2)(b) through (d), the lieutenant governor may send an
2512  electronic notice to the [state] statewide office candidate and the political party of which
2513  the [state] statewide office candidate is a member, if any, that states:
2514  (a) that the [state] statewide office candidate failed to timely file the report; and
2515  (b) that, if the [state] statewide office candidate fails to file the report within 24 hours
2516  after the deadline for filing the report, the [state] statewide office candidate will be
2517  disqualified and the political party will not be permitted to replace the statewide office
2518  candidate.
2519     (3)(a) The lieutenant governor shall disqualify a [state] statewide office candidate and
2520  inform the county clerk and other appropriate election officials that the [state]
2521  statewide office candidate is disqualified if the [state] statewide office candidate fails
2522  to file an interim report described in Subsections 20A-11-204(2)(b) through (d)
2523  within 24 hours after the deadline for filing the report.
2524  (b) The political party of a [state] statewide office candidate who is disqualified under
2525  Subsection (3)(a) may not replace the [state] statewide office candidate.
2526     (4) If a [state] statewide office candidate is disqualified under Subsection (3)(a), the election
2527  officer shall:
2528  (a) notify every opposing candidate for the [state] statewide office that the [state]
2529  statewide office candidate is disqualified;
2530  (b) send an email notification to each voter who is eligible to vote in the [state] statewide
2531  office race for whom the lieutenant governor has an email address informing the
2532  voter that the [state] statewide office candidate is disqualified and that votes cast for
2533  the [state] statewide office candidate will not be counted;
2534  (c) post notice of the disqualification on the lieutenant governor's website; and
2535  (d) if practicable, remove the [state] statewide office candidate's name from the ballot.
2536     (5) An election officer may fulfill the requirement described in Subsection (4) in relation to
2537  a mailed ballot, including a military or overseas ballot, by including with the ballot a
2538  written notice directing the voter to the lieutenant governor's website to inform the voter
2539  whether a candidate on the ballot is disqualified.
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2540     (6) A [state] statewide office candidate is not disqualified if:
2541  (a) the [state] statewide office candidate timely files the reports described in Subsections
2542  20A-11-204(2)(b) through (d) no later than 24 hours after the applicable deadlines for
2543  filing the reports;
2544  (b) the reports are completed, detailing accurately and completely the information
2545  required by this part except for inadvertent omissions or insignificant errors or
2546  inaccuracies; and
2547  (c) the omissions, errors, or inaccuracies described in Subsection (6)(b) are corrected in
2548  an amended report or the next scheduled report.
2549     (7)(a) Within 60 calendar days after a deadline for the filing of a summary report, the
2550  lieutenant governor shall review each filed summary report to ensure that:
2551  (i) [each state] the statewide office candidate that is required to file a summary report
2552  has filed one; and
2553  (ii) each summary report contains the information required by this part.
2554  (b) If it appears that [any state] a statewide office candidate has failed to file the
2555  summary report required by law, if it appears that a filed summary report does not
2556  conform to the law, or if the lieutenant governor has received a written complaint
2557  alleging a violation of the law or the falsity of any summary report, the lieutenant
2558  governor shall, no later than the first business day that is at least five days after the
2559  day on which the lieutenant governor discovers the violation or receives the written
2560  complaint, notify the [state] statewide office candidate of the violation or written
2561  complaint and direct the [state] statewide office candidate to file a summary report
2562  correcting the problem.
2563  (c)(i) It is unlawful for a [state] statewide office candidate to fail to file or amend a
2564  summary report within seven calendar days after receiving notice from the
2565  lieutenant governor described in this Subsection (7).
2566  (ii) [Each state] A statewide office candidate who violates Subsection (7)(c)(i) is
2567  guilty of a class B misdemeanor.
2568  (iii) The lieutenant governor shall report all violations of Subsection (7)(c)(i) to the
2569  attorney general.
2570  (iv) In addition to the criminal penalty described in Subsection (7)(c)(ii), the
2571  lieutenant governor shall impose a civil fine of $100 against a [state] statewide
2572  office candidate who violates Subsection (7)(c)(i).
2573  Section 20. Section 20A-11-1301 is amended to read:
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2574  Part 13. State School Board Office Candidates
2575  20A-11-1301 . State school board office -- Campaign finance requirements --
2576     Candidate as a political action committee officer -- No personal use -- Interim report --
2577     Contribution reporting deadline -- Report other accounts -- Anonymous contributions.
2578     (1)(a)[(i) Each] A state school board office candidate[ ] :
2579  (i) shall deposit each contribution received in one or more separate accounts in a
2580  financial institution that are dedicated only to that purpose[.] ;
2581  (ii) [A school board office candidate ]may:
2582  (A) receive a contribution from a political action committee registered under
2583  Section 20A-11-601; and
2584  (B) be designated by a political action committee as an officer who has primary
2585  decision-making authority as described in Section 20A-11-601[.] ; and
2586  [(b)] (iii) [A school board office candidate ]may not use money deposited in an
2587  account described in Subsection (1)(a)(i) for[:]
2588  [(i)] a personal use expenditure[;] or
2589  [(ii)] an expenditure prohibited by law.
2590  [(c)] (b)[(i) Each ] A state school board officeholder[ ] :
2591  (i) shall deposit each contribution and public service assistance received in one or
2592  more separate accounts in a financial institution that are dedicated only to that
2593  purpose[.] ;
2594  (ii) [A school board officeholder ]may:
2595  (A) receive a contribution or public service assistance from a political action
2596  committee registered under Section 20A-11-601; and
2597  (B) be designated by a political action committee as an officer who has primary
2598  decision-making authority as described in Section 20A-11-601[.] ; and
2599  [(d)] (iii) [A school board officeholder ]may not use money deposited in an account
2600  described in Subsection [(1)(a)(i) or (1)(c)(i)] (1)(a) or (b) for[:]
2601  [(i)] a personal use expenditure[;] or
2602  [(ii)] an expenditure prohibited by law.
2603     (2)[(a)] A state school board office candidate or a state school board officeholder may
2604  not[ ] :
2605  (a) deposit or mingle any contributions or public service assistance received into a
2606  personal or business account[.] ; or
2607  [(b) A school board officeholder may not deposit or mingle any contributions or public
  - 77 -
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2608  service assistance received into a personal or business account.]
2609  [(3) A school board office candidate or school board officeholder may not make any
2610  political expenditures ]
2611  (b) make a political expenditure prohibited by law.
2612     [(4)] (3) If [a person] an individual who is no longer a state school board office candidate
2613  chooses not to expend the money remaining in a campaign account, the [person]
2614  individual shall continue to file the year-end summary report required [by] under Section
2615  20A-11-1302 until the individual files the statement of dissolution and final summary
2616  report required [by] under Section 20A-11-1304[ are filed with the lieutenant governor].
2617     [(5)] (4)(a) Except as provided in Subsection [(5)(b)] (4)(b) and Section 20A-11-402, [a
2618  person] an individual who is no longer a state school board office candidate may not
2619  expend or transfer the money in a campaign account in a manner that would cause the
2620  former state school board office candidate to recognize the money as taxable income
2621  under federal tax law.
2622  (b) [A person] An individual who is no longer a state school board office candidate may
2623  transfer the money in a campaign account in a manner that would cause the former
2624  state school board office candidate to recognize the money as taxable income under
2625  federal tax law if the transfer is made to a campaign account for federal office.
2626     [(6)] (5)(a) As used in this Subsection [(6)] (5), "received" means the same as that term is
2627  defined in Subsection 20A-11-1303(1)(a).
2628  (b) Except as provided in Subsection [(6)(d), each] (5)(d), a state school board office
2629  candidate shall file an interim report [to] with the chief election officer that includes
2630  each contribution received by the state school board office candidate:
2631  (i) except as provided in Subsection [(6)(b)(ii)] (5)(b)(ii), within 31 calendar days
2632  after the day on which the contribution is received; or
2633  (ii) within seven business days after the day on which the contribution is received, if:
2634  (A) the state school board office candidate is contested in a convention and the
2635  contribution is received within 30 calendar days before the day on which the
2636  convention is held;
2637  (B) the state school board office candidate is contested in a primary election and
2638  the contribution is received within 30 calendar days before the day on which
2639  the primary election is held; or
2640  (C) the state school board office candidate is contested in a general election and
2641  the contribution is received within 30 calendar days before the day on which
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2642  the general election is held.
2643  (c) For each contribution that a state school board office candidate fails to report within
2644  the time period described in Subsection [(6)(b)] (5)(b), the chief election officer shall
2645  impose a fine against the state school board office candidate in an amount equal to:
2646  (i) 10% of the amount of the contribution, if the state school board office candidate
2647  reports the contribution within 60 calendar days after the day on which the time
2648  period described in Subsection [(6)(b)] (5)(b) ends; or
2649  (ii) 20% of the amount of the contribution, if the state school board office candidate
2650  fails to report the contribution within 60 calendar days after the day on which the
2651  time period described in Subsection [(6)(b)] (5)(b) ends.
2652  (d) The lieutenant governor may waive the fine described in Subsection [(6)(c)] (5)(b)
2653  and issue a warning to the state school board office candidate if:
2654  (i) the contribution that the state school board office candidate fails to report is paid
2655  by the state school board office candidate from the state school board office
2656  candidate's personal funds;
2657  (ii) the state school board office candidate has not previously violated Subsection [
2658  (6)(c)] (5)(c) in relation to a contribution paid by the state school board office
2659  candidate from the state school board office candidate's personal funds; and
2660  (iii) the lieutenant governor determines that the failure to timely report the
2661  contribution is due to the state school board office candidate not understanding
2662  that the reporting requirement includes a contribution paid by a state school board
2663  office candidate from the state school board office candidate's personal funds.
2664  (e) The chief election officer shall:
2665  (i) deposit money received under Subsection [(6)(c)] (5)(c) into the General Fund; and
2666  (ii) report on the chief election officer's website, in the location where reports relating
2667  to each state school board office candidate are available for public access:
2668  (A) each fine imposed by the chief election officer against the state school board
2669  office candidate;
2670  (B) the amount of the fine;
2671  (C) the amount of the contribution to which the fine relates; and
2672  (D) the date of the contribution.
2673     [(7)] (6) Within 31 calendar days after the day on which a state school board office
2674  candidate receives a contribution that is cash or a negotiable instrument, exceeds $50,
2675  and is from an unknown source, the state school board office candidate shall disburse
  - 79 -
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2676  the contribution to an organization that is exempt from federal income taxation under
2677  Section 501(c)(3), Internal Revenue Code.
2678     [(8)] (7)(a) As used in this Subsection [(8)] (7), "account" means an account in a financial
2679  institution:
2680  (i) that is not described in Subsection [(1)(a)(i)] (1)(a); and
2681  (ii) into which or from which a person who, as a candidate for an office, other than a
2682  state school board office for which the person files a declaration of candidacy or
2683  federal office, or as a holder of an office, other than a state school board office for
2684  which the person files a declaration of candidacy or federal office, deposits a
2685  contribution or makes an expenditure.
2686  (b) A state school board office candidate shall include on any financial statement filed in
2687  accordance with this part:
2688  (i) a contribution deposited in an account:
2689  (A) since the last campaign finance statement was filed; or
2690  (B) that has not been reported under a statute or ordinance that governs the
2691  account; or
2692  (ii) an expenditure made from an account:
2693  (A) since the last campaign finance statement was filed; or
2694  (B) that has not been reported under a statute or ordinance that governs the
2695  account.
2696  Section 21. Section 20A-11-1302 is amended to read:
2697  20A-11-1302 . State school board office candidate -- Financial reporting
2698     requirements -- Year-end summary report.
2699     (1)(a) [Each] A state school board office candidate shall file a summary report [by] on or
2700  before January 10 of the year after the regular general election year.
2701  (b) In addition to the [requirements of] requirement described in Subsection (1)(a), a
2702  former state school board office candidate that has not filed the statement of
2703  dissolution and final summary report required under Section 20A-11-1304 shall
2704  continue to file a summary report on or before January 10 of each year.
2705     (2)(a) Each summary report shall include the following information as of December 31
2706  of the previous year:
2707  (i) the net balance of the last financial statement, if any;
2708  (ii) a single figure equal to the total amount of receipts reported on all interim reports,
2709  if any, during the previous year;
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2710  (iii) a single figure equal to the total amount of expenditures reported on all interim
2711  reports, if any, filed during the previous year;
2712  (iv) a detailed listing of each contribution received since the last summary report that
2713  has not been reported in detail on an interim report;
2714  (v) for each nonmonetary contribution:
2715  (A) the fair market value of the contribution with that information provided by the
2716  contributor; and
2717  (B) a specific description of the contribution;
2718  (vi) a detailed listing of each expenditure made since the last summary report that has
2719  not been reported in detail on an interim report;
2720  (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
2721  (viii) a net balance for the year consisting of the net balance from the last summary
2722  report, if any, plus all receipts minus all expenditures; and
2723  (ix) the name of a political action committee for which the state school board office
2724  candidate is designated as an officer who has primary decision-making authority
2725  under Section 20A-11-601.
2726  (b) In preparing the report, all receipts and expenditures shall be reported as of
2727  December 31 of the previous year.
2728  (c) A check or negotiable instrument received by a state school board office candidate
2729  on or before December 31 of the previous year shall be included in the summary
2730  report.
2731     (3) The state school board office candidate or former state school board office candidate
2732  shall certify in the summary report that, to the best of the state school board office
2733  candidate's or former state school board office candidate's knowledge, all receipts and all
2734  expenditures have been reported as of December 31 of the previous year and that there
2735  are no bills or obligations outstanding and unpaid except as [set forth] described in that
2736  report.
2737  Section 22. Section 20A-11-1303 is amended to read:
2738  20A-11-1303 . State school board office candidate and state school board
2739     officeholder -- Financial reporting requirements -- Interim reports.
2740     (1)(a) As used in this section, "received" means:
2741  (i) for a cash contribution, that the cash is given to a state school board office
2742  candidate or a member of the state school board office candidate's personal
2743  campaign committee;
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2744  (ii) for a contribution that is a check or other negotiable instrument, that the check or
2745  other negotiable instrument is negotiated;
2746  (iii) for a direct deposit made into a campaign account by a person not associated
2747  with the campaign, the earlier of:
2748  (A) the day on which the state school board office candidate or a member of the
2749  state school board office candidate's personal campaign committee becomes
2750  aware of the deposit and the source of the deposit;
2751  (B) the day on which the state school board office candidate or a member of the
2752  state school board office candidate's personal campaign committee receives
2753  notice of the deposit and the source of the deposit by mail, email, text, or
2754  similar means; or
2755  (C) 31 calendar days after the day on which the direct deposit occurs; or
2756  (iv) for any other type of contribution, that any portion of the contribution's benefit
2757  inures to the state school board office candidate.
2758  (b) As used in this Subsection (1), "campaign account" means a separate campaign
2759  account required under Subsection [20A-11-1301(1)(a)(i) or (c)(i)] 20A-11-1301(1)(a)
2760  or (b).
2761  (c) Except as provided in Subsection (2), each state school board office candidate shall
2762  file an interim report at the following times in any year in which the candidate has
2763  filed a declaration of candidacy for a public office:
2764  (i) May 15;
2765  (ii) seven calendar days before the regular primary election date;
2766  (iii) September 30; and
2767  (iv) seven calendar days before the regular general election date.
2768     (2) If a state school board office candidate is a school board office candidate seeking
2769  appointment for a midterm vacancy, the state school board office candidate:
2770  (a) shall file an interim report:
2771  (i) for a vacancy described in Subsection 20A-1-504(1)(b)(ii)(A) or (B), no later than
2772  three business days before the day on which the Senate meets to consider the state
2773  school board office candidate's nomination; or
2774  (ii) for a vacancy described in Subsection 20A-1-504(1)(b)(ii)(C):
2775  (A) no later than three business days before the day on which the political party of
2776  the party for which the state school board office candidate seeks nomination
2777  meets to declare a nominee for the governor to appoint; or
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2778  (B) if the state school board office candidate decides to seek the appointment with
2779  less than three business days before the day on which the political party meets,
2780  or the political party schedules the meeting to declare a nominee less than three
2781  business days before the day of the meeting, no later than 5 p.m. on the last day
2782  of business before the day on which the political party meets; and
2783  (b) is not required to file an interim report at the times described in Subsection (1)(c).
2784     (3) Each interim report shall include the following information:
2785  (a) the net balance of the last summary report, if any;
2786  (b) a single figure equal to the total amount of receipts reported on all prior interim
2787  reports, if any, during the calendar year in which the interim report is due;
2788  (c) a single figure equal to the total amount of expenditures reported on all prior interim
2789  reports, if any, filed during the calendar year in which the interim report is due;
2790  (d) a detailed listing of:
2791  (i) for a state school board office candidate, each contribution received since the last
2792  summary report that has not been reported in detail on a prior interim report; or
2793  (ii) for a state school board officeholder, each contribution and public service
2794  assistance received since the last summary report that has not been reported in
2795  detail on a prior interim report;
2796  (e) for each nonmonetary contribution:
2797  (i) the fair market value of the contribution with that information provided by the
2798  contributor; and
2799  (ii) a specific description of the contribution;
2800  (f) a detailed listing of each expenditure made since the last summary report that has not
2801  been reported in detail on a prior interim report;
2802  (g) for each nonmonetary expenditure, the fair market value of the expenditure;
2803  (h) a net balance for the year consisting of the net balance from the last summary report,
2804  if any, plus all receipts since the last summary report minus all expenditures since the
2805  last summary report;
2806  (i) a summary page in the form required by the lieutenant governor that identifies:
2807  (i) beginning balance;
2808  (ii) total contributions during the period since the last statement;
2809  (iii) total contributions to date;
2810  (iv) total expenditures during the period since the last statement; and
2811  (v) total expenditures to date; and
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2812  (j) the name of a political action committee for which the state school board office
2813  candidate or school board officeholder is designated as an officer who has primary
2814  decision-making authority under Section 20A-11-601.
2815     (4)(a) In preparing each interim report, all receipts and expenditures shall be reported as
2816  of five calendar days before the required filing date of the report.
2817  (b) Any negotiable instrument or check received by a state school board office candidate
2818  or state school board officeholder more than five calendar days before the required
2819  filing date of a report required by this section shall be included in the interim report.
2820  Section 23. Section 20A-11-1304 is amended to read:
2821  20A-11-1304 . State school board office candidate -- Financial reporting
2822     requirements -- Termination of duty to report.
2823     (1) [Each] A state school board office candidate is subject to interim reporting requirements
2824  until the candidate withdraws or is eliminated in a primary.
2825     (2) [Each] A state school board office candidate is subject to year-end summary reporting
2826  requirements until the candidate [has filed] files a statement of dissolution with the
2827  lieutenant governor stating that:
2828  (a) the state school board office candidate is no longer receiving contributions and is no
2829  longer making expenditures;
2830  (b) the ending balance on the last summary report filed is zero and the balance in the
2831  separate bank account required in Section 20A-11-1301 is zero; and
2832  (c) a final summary report in the form required by Section 20A-11-1302 showing a zero
2833  balance is attached to the statement of dissolution.
2834     (3) A state school board office candidate may file a statement of dissolution and a final
2835  summary report[ may be filed] at any time.
2836     (4) [Each] A state school board office candidate shall continue to file the year-end summary
2837  report required by Section 20A-11-1302 until the state school board office candidate
2838  files the statement of dissolution and final summary report required [by] under this
2839  section[ are filed].
2840  Section 24. Section 20A-11-1603 is amended to read:
2841  20A-11-1603 . Conflict of interest disclosure -- Required when filing for
2842     candidacy -- Public availability.
2843     (1)(a) Except as provided in Subsection (1)(c), candidates seeking the following offices
2844  shall make a complete conflict of interest disclosure on the website at the time of
2845  filing a declaration of candidacy:
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2846  (i) state constitutional officer;
2847  (ii) state legislator; or
2848  (iii) [State Board of Education member] state school board office.
2849  (b) A candidate who fails to comply with Subsection (1)(a) shall make a complete
2850  conflict of interest disclosure on the website no later than 5:00 p.m. on January 10.
2851  (c) A candidate is not required to comply with Subsection (1)(a) if the candidate:
2852  (i) currently holds the office for which the candidate is seeking reelection;
2853  (ii) already, that same year, filed the conflict of interest disclosure for the office
2854  described in Subsection (1)(c)(i), in accordance Section 20A-11-1604; and
2855  (iii) at the time the candidate files the declaration of candidacy, indicates, in writing,
2856  that the conflict of interest disclosure described in Subsection (1)(c)(ii) is updated
2857  and accurate as of the date of filing the declaration of candidacy.
2858     (2) Except as provided in Subsection (1)(c), a filing officer:
2859  (a) shall provide electronic notice to a candidate who fails to comply with Subsection
2860  (1)(a) that the candidate must make a complete conflict of interest disclosure on the
2861  website no later than the deadline described in Subsection (1)(b); and
2862  (b) may not accept a declaration of candidacy for an office listed in Subsection (1)(a)
2863  until the candidate makes a complete conflict of interest disclosure on the website.
2864     (3) The conflict of interest disclosure described in Subsection (1)(a) shall contain the same
2865  requirements and shall be in the same format as the conflict of interest disclosure
2866  described in Section 20A-11-1604.
2867     (4) The lieutenant governor shall make the complete conflict of interest disclosure made by
2868  each candidate available for public inspection on the website.
2869  Section 25. Section 20A-11-1604 is amended to read:
2870  20A-11-1604 . Failure to disclose conflict of interest -- Failure to comply with
2871     reporting requirements.
2872     (1)(a) Before or during the execution of any order, settlement, declaration, contract, or
2873  any other official act of office in which a state constitutional officer has actual
2874  knowledge that the state constitutional officer has a conflict of interest that is not
2875  stated in the conflict of interest disclosure, the state constitutional officer shall
2876  publicly declare that the state constitutional officer may have a conflict of interest
2877  and what that conflict of interest is.
2878  (b) Before or during any vote on legislation or any legislative matter in which a
2879  legislator has actual knowledge that the legislator has a conflict of interest that is not
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2880  stated in the conflict of interest disclosure, the legislator shall orally declare to the
2881  committee or body before which the matter is pending that the legislator may have a
2882  conflict of interest and what that conflict is.
2883  (c) Before or during any vote on any rule, resolution, order, or any other board matter in
2884  which a member of the [State Board of Education ] state school board officeholder
2885  has actual knowledge that the [member] state school board officeholder has a conflict
2886  of interest that is not stated in the conflict of interest disclosure, the [member] state
2887  school board officeholder shall orally declare to the state school board that the
2888  member may have a conflict of interest and what that conflict of interest is.
2889     (2) Any public declaration of a conflict of interest that is made under Subsection (1) shall
2890  be noted:
2891  (a) on the official record of the action taken, for a state constitutional officer;
2892  (b) in the minutes of the committee meeting or in the Senate or House Journal, as
2893  applicable, for a legislator; or
2894  (c) in the minutes of the meeting or on the official record of the action taken, for a [
2895  member of the State Board of Education] state school board officeholder.
2896     (3) A state constitutional officer shall make a complete conflict of interest disclosure on the
2897  website:
2898  (a)(i) no sooner than January 1 each year, and before January 11 each year; or
2899  (ii) if the state constitutional officer takes office after January 10, within 10 calendar
2900  days after the day on which the state constitutional officer takes office; and
2901  (b) each time the state constitutional officer changes employment.
2902     (4) A legislator shall make a complete conflict of interest disclosure on the website:
2903  (a)(i) no sooner than January 1 each year, and before January 11 each year; or
2904  (ii) if the legislator takes office after January 10, within 10 calendar days after the
2905  day on which the legislator takes office; and
2906  (b) each time the legislator changes employment.
2907     (5) A [member of the State Board of Education ] state school board officeholder shall make
2908  a complete conflict of interest disclosure on the website:
2909  (a)(i) no sooner than January 1 each year, and before January 11 each year; or
2910  (ii) if the [member] state school board officeholder takes office after January 10,
2911  within 10 calendar days after the day on which the [member] state school board
2912  officeholder takes office; and
2913  (b) each time the [member] state school board officeholder changes employment.
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2914     (6) A conflict of interest disclosure described in Subsection (3), (4), or (5) shall include:
2915  (a) the regulated officeholder's name;
2916  (b) subject to Subsection (7):
2917  (i) the name and address of each of the regulated officeholder's current employers and
2918  each of the regulated officeholder's employers during the preceding year; and
2919  (ii) for each employer described in this Subsection (6)(b), a brief description of the
2920  employment, including the regulated officeholder's occupation and, as applicable,
2921  job title;
2922  (c) for each entity in which the regulated officeholder is an owner or officer, or was an
2923  owner or officer during the preceding year:
2924  (i) the name of the entity;
2925  (ii) a brief description of the type of business or activity conducted by the entity; and
2926  (iii) the regulated officeholder's position in the entity;
2927  (d) in accordance with Subsection (8), for each individual from whom, or entity from
2928  which, the regulated officeholder has received $5,000 or more in income during the
2929  preceding year:
2930  (i) the name of the individual or entity; and
2931  (ii) a brief description of the type of business or activity conducted by the individual
2932  or entity;
2933  (e) for each entity in which the regulated officeholder holds any stocks or bonds having
2934  a fair market value of $5,000 or more as of the date of the disclosure form or during
2935  the preceding year, but excluding funds that are managed by a third party, including
2936  blind trusts, managed investment accounts, and mutual funds:
2937  (i) the name of the entity; and
2938  (ii) a brief description of the type of business or activity conducted by the entity;
2939  (f) for each entity not listed in Subsections (6)(c) through (e) in which the regulated
2940  officeholder currently serves, or served in the preceding year, in a paid leadership
2941  capacity or in a paid or unpaid position on a board of directors:
2942  (i) the name of the entity or organization;
2943  (ii) a brief description of the type of business or activity conducted by the entity; and
2944  (iii) the type of position held by the regulated officeholder;
2945  (g) at the option of the regulated officeholder, a description of any real property in which
2946  the regulated officeholder holds an ownership or other financial interest that the
2947  regulated officeholder believes may constitute a conflict of interest, including a
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2948  description of the type of interest held by the regulated officeholder in the property;
2949  (h) subject to Subsection (7):
2950  (i) the name of the regulated officeholder's spouse; and
2951  (ii) the name of each of the regulated officeholder's spouse's current employers and
2952  each of the regulated officeholder's spouse's employers during the preceding year,
2953  if the regulated officeholder believes the employment may constitute a conflict of
2954  interest;
2955  (i) the name of any adult residing in the regulated officeholder's household who is not
2956  related to the officeholder by blood;
2957  (j) for each adult described in Subsection (6)(i), a brief description of the adult's
2958  employment or occupation, if the regulated officeholder believes the adult's presence
2959  in the regulated officeholder's household may constitute a conflict of interest;
2960  (k) at the option of the regulated officeholder, a description of any other matter or
2961  interest that the regulated officeholder believes may constitute a conflict of interest;
2962  (l) the date the form was completed;
2963  (m) a statement that the regulated officeholder believes that the form is true and accurate
2964  to the best of the regulated officeholder's knowledge; and
2965  (n) the signature of the regulated officeholder.
2966     (7)(a) In making the disclosure described in Subsection (6)(b) or (h), if a regulated
2967  officeholder or regulated officeholder's spouse is an at-risk government employee, as
2968  that term is defined in Subsection 63G-2-303(1)(a), the regulated officeholder may
2969  request the filing officer to redact from the conflict of interest disclosure:
2970  (i) the regulated officeholder's employment information under Subsection (6)(b); and
2971  (ii) the regulated officeholder's spouse's name and employment information under
2972  Subsection (6)(h).
2973  (b) A filing officer who receives a redaction request under Subsection (7)(a) shall redact
2974  the disclosures made under Subsection (6)(b) or (h) before the filing officer makes
2975  the conflict of interest disclosure available for public inspection.
2976     (8) In making the disclosure described in Subsection (6)(d), a regulated officeholder who
2977  provides goods or services to multiple customers or clients as part of a business or a
2978  licensed profession is only required to provide the information described in Subsection
2979  (6)(d) in relation to the entity or practice through which the regulated officeholder
2980  provides the goods or services and is not required to provide the information described
2981  in Subsection (6)(d) in relation to the regulated officeholder's individual customers or
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2982  clients.
2983     (9) The disclosure requirements described in this section do not prohibit a regulated
2984  officeholder from voting or acting on any matter.
2985     (10) A regulated officeholder may amend a conflict of interest disclosure described in this
2986  part at any time.
2987     (11) A regulated officeholder who violates the requirements of Subsection (1) is guilty of a
2988  class B misdemeanor.
2989     (12)(a) A regulated officeholder who intentionally or knowingly violates a provision of
2990  this section, other than Subsection (1), is guilty of a class B misdemeanor.
2991  (b) In addition to the criminal penalty described in Subsection (12)(a), the lieutenant
2992  governor shall impose a civil penalty of $100 against a regulated officeholder who
2993  violates a provision of this section, other than Subsection (1).
2994  Section 26. Section 20A-14-201 is amended to read:
2995  20A-14-201 . Boards of education -- School board districts -- Creation --
2996     Redistricting.
2997     (1) The county legislative body, for local school districts whose boundaries encompass
2998  more than a single municipality, and the municipal legislative body, for local school
2999  districts contained completely within a municipality, shall divide the local school district
3000  into local school board districts as required under Subsection 20A-14-202(1).
3001     (2) The county and municipal legislative bodies shall divide the school district so that the
3002  local school board districts are substantially equal in population and are as contiguous
3003  and compact as practicable.
3004     (3) County and municipal legislative bodies shall redistrict local school board districts to
3005  meet the population, compactness, and contiguity requirements of this section:
3006  (a) at least once every 10 years;
3007  (b) for a new school district or a reorganized new school district that is approved by the
3008  voters at a regular general election under Section 53G-3-301.1, 53G-3-301.3, or
3009  53G-3-301.4, before April 1 of the following year;
3010  (c) whenever school districts are consolidated;
3011  (d) whenever a school district loses more than 20% of the population of the entire school
3012  district to another school district;
3013  (e) whenever a school district loses more than 50% of the population of a local school
3014  board district to another school district;
3015  (f) whenever a school district receives new residents equal to at least 20% of the
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3016  population of the school district at the time of the last redistricting because of a
3017  transfer of territory from another school district; and
3018  (g) whenever it is necessary to increase the membership of a board as a result of changes
3019  in student membership under Section 20A-14-202.
3020     (4) If a school district receives territory containing less than 20% of the population of the
3021  transferee district at the time of the last redistricting, the local school board may assign
3022  the new territory to one or more existing school board districts.
3023     (5) Except as provided in Subsection 53G-3-302(1)(b)(ii), redistricting does not affect the
3024  right of any local school board member to complete the term for which the member was
3025  elected.
3026     (6)(a) After redistricting, representation in a local school board district shall be
3027  determined as provided in this Subsection (6).
3028  (b) If, after redistricting, only one board member whose term extends beyond
3029  redistricting lives within a local school board district, that board member shall
3030  represent that local school board district.
3031  (c) If, after redistricting, two or more members whose terms extend beyond redistricting
3032  live within a local school board district, the members involved shall select one
3033  member by lot to represent the local school board district.
3034  (d) The other members shall serve at-large for the remainder of their terms.
3035  (e) The at-large board members shall serve in addition to the designated number of
3036  board members for the board in question for the remainder of their terms.
3037  (f) If there is no board member living within a local school board district whose term
3038  extends beyond redistricting, the seat shall be treated as vacant and filled as provided
3039  in [this part] Section 20A-1-511.
3040     (7)(a) If, before an election affected by redistricting, the county or municipal legislative
3041  body that conducted the redistricting determines that one or more members shall be
3042  elected to terms of two years to meet this part's requirements for staggered terms, the
3043  legislative body shall determine by lot which of the redistricted local school board
3044  districts will elect members to two-year terms and which will elect members to
3045  four-year terms.
3046  (b) All subsequent elections are for four-year terms.
3047     (8) Within 10 calendar days after the day of a local school board district boundary change,
3048  the county or municipal legislative body making the change shall send an accurate map
3049  or plat of the boundary change to the Utah Geospatial Resource Center created under
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3050  Section 63A-16-505.
3051     (9) Subsections (4) through (7) do not apply to a redistricting that occurs under Subsection
3052  (3)(b).
3053  Section 27. Section 20A-14-202 is amended to read:
3054  20A-14-202 . Local boards of education -- Membership -- When elected --
3055     Qualifications -- Avoiding conflicts of interest -- Transition to partisan elections.
3056     (1)(a) The board of education of a school district with a student population of less than
3057  10,000 students comprises five members.
3058  (b) The board of education of a school district with a student population of 10,000 or
3059  more students but fewer than 50,000 students comprises seven members.
3060  [(c) Before January 1, 2023, the board of education of a school district with a student
3061  population of 50,000 or more students comprises seven members.]
3062  [(d)] (c) [Beginning on January 1, 2023:]
3063  (i) [the] The board of education of a school district with a student population of
3064  50,000 or more students but fewer than 100,000 students:
3065  (A) except as provided in Subsection [(1)(d)(i)(B)] (1)(c)(i)(B), comprises seven
3066  members; or
3067  (B) comprises nine members if the board of education of the school district, by
3068  majority vote, increases the board to nine members[; and] .
3069  (ii) [the] The board of education of a school district with a student population of
3070  100,000 or more students comprises nine members.
3071  [(e)] (d) Student population is based on the October 1 student count submitted by
3072  districts to the State Board of Education.
3073  [(f)] (e) If the number of members of a local school board changes under Subsection [
3074  (1)(b), (c), or (d)] (1)(b) or (c), the county or municipality, as applicable, shall
3075  redistrict and hold elections as provided in Sections 20A-14-201 and 20A-14-203.
3076  [(g)] (f) Notwithstanding Subsections [(1)(a) through (d)] (1)(a) through (c), a school
3077  district with a seven-member or nine-member board does not decrease in size,
3078  regardless of subsequent changes in student population.
3079  [(h)] (g)(i) Members of a local board of education shall be elected at each regular
3080  general election.
3081  (ii) Except as provided in Subsection [(1)(h)(iii)] (1)(g)(iii), in a regular general
3082  election year:
3083  (A) no more than three members of a local board of education may be elected to a
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3084  five-member board;
3085  (B) no more than four members of a local board of education may be elected to a
3086  seven-member board; and
3087  (C) no more than five members of a local board of education may be elected to a
3088  nine-member board.
3089  (iii) A number of members, in excess of the maximums described in Subsection [
3090  (1)(h)(ii)] (1)(g)(ii), may be elected only when required due to redistricting, to fill
3091  a vacancy, or to implement [Subsections (1)(b) through (d)] Subsection (1)(b) or (c).
3092  [(i)] (h) One member of the local board of education shall be elected from each local
3093  school board district.
3094     (2)(a) An individual seeking election to a local school board shall have been a resident
3095  of the local school board district in which the person is seeking election for at least
3096  one year immediately preceding the day of the general election at which the board
3097  position will be filled.
3098  (b) A person who has resided within the local school board district, as the boundaries of
3099  the district exist on the date of the general election, for one year immediately
3100  preceding the date of the election shall be considered to have met the requirements of
3101  this Subsection (2).
3102     (3) A member of a local school board shall:
3103  (a) be and remain a registered voter in the local school board district from which the
3104  member is elected or appointed; and
3105  (b) maintain the member's primary residence within the local school board district from
3106  which the member is elected or appointed during the member's term of office.
3107     (4) A member of a local school board may not, during the member's term in office, also
3108  serve as an employee of that board.
3109     (5)(a) An individual who takes office as a member of a local school board before 2027,
3110  via a nonpartisan election or an appointment to fill a vacancy, shall continue to serve
3111  as a member of the local school board until the end of the term to which the
3112  individual was elected or appointed.
3113  (b) After the term described in Subsection (5)(a) ends, the vacancy shall be filled via a
3114  partisan election.
3115  (c) If, before January 1, 2027, a vacancy occurs in a local school board office before the
3116  term of office ends, the vacancy shall be filled for the remainder of the term in
3117  accordance with provisions of Section 20A-1-511 that were in effect before January
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3118  1, 2027.
3119  Section 28. Section 53G-4-201 is amended to read:
3120  53G-4-201 . Selection and election of members to local school boards.
3121        Members of local school boards shall be elected as provided in Title 20A, Election
3122     Code, including Title 20A, Chapter 14, Nomination and Election of State and Local School
3123     Boards.
3124  Section 29. Effective Date.
3125     This bill takes effect on January 1, 2027.
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