School District Elections Amendments

108
17-70-401
17-70-402
17-70-403
20A-1-102
20A-1-404
20A-1-511
20A-8-401
20A-9-101
20A-9-201
20A-9-403
20A-9-408
20A-11-101
20A-11-103
20A-11-201
20A-11-202
20A-11-203
20A-11-204
20A-11-205
20A-11-206
20A-11-1301
20A-11-1302
20A-11-1303
20A-11-1304
20A-11-1603
20A-11-1604
20A-14-201
20A-14-202
53G-4-201
0
School District Elections Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. Kyle
Senate Sponsor:
LONG TITLE
General Description:
This bill makes the office of local school board member an office that is elected via a
partisan election.
Highlighted Provisions:
This bill:
defines terms;
makes the office of local school board member an office that is elected via a partisan
election;
modifies provisions relating to filling a midterm vacancy for the office of local school
board member;
provides for the election of a local school board member using the partisan primary
election nomination process;
modifies campaign reporting requirements and conflict of interest reporting requirements
for a local school board office candidate or local school board officeholder;
provides for the transition from a nonpartisan local board of education to a partisan local
board of education; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-70-401
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-70-402
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-70-403
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-1-404
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-8-401
, as last amended by Laws of Utah 2025, Chapter 448
20A-9-101
, as last amended by Laws of Utah 2023, Chapters 15, 45
20A-9-201
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-403
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-9-408
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-11-101
, as last amended by Laws of Utah 2025, Chapter 448
20A-11-103
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-11-201
, as last amended by Laws of Utah 2025, Chapter 448
20A-11-202
, as last amended by Laws of Utah 2022, Chapter 18
20A-11-203
, as last amended by Laws of Utah 2019, Chapter 74
20A-11-204
, as last amended by Laws of Utah 2025, Chapters 90, 448
20A-11-205
, as last amended by Laws of Utah 2013, Chapter 170
20A-11-206
, as last amended by Laws of Utah 2025, Chapter 448
20A-11-1301
, as last amended by Laws of Utah 2025, Chapter 448
20A-11-1302
, as last amended by Laws of Utah 2019, Chapter 74
20A-11-1303
, as last amended by Laws of Utah 2025, Chapters 90, 448
20A-11-1304
, as enacted by Laws of Utah 1997, Chapter 355
20A-11-1603
, as last amended by Laws of Utah 2023, Chapter 45
20A-11-1604
, as last amended by Laws of Utah 2025, Chapters 90, 448
20A-14-201
, as last amended by Laws of Utah 2025, Chapter 448
20A-14-202
, as last amended by Laws of Utah 2022, Chapter 265
53G-4-201
, as last amended by Laws of Utah 2019, Chapter 293
REPEALS AND REENACTS:
20A-1-511
, as last amended by Laws of Utah 2025, Chapters 90, 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-70-401
is amended to read:
17-70-401
. Definitions.
As used in this part:
(1)
(a)
"Contribution" means any of the following when done for a political purpose:
(i)
a gift, subscription, donation, loan, advance, deposit of money, or anything of
value given to the filing entity;
(ii)
an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, deposit of
money, or anything of value to the filing entity;
(iii)
any transfer of funds from another reporting entity to the filing entity;
(iv)
compensation paid by any person or reporting entity other than the filing entity
for personal services provided without charge to the filing entity;
(v)
a loan made by a county office candidate or local school board candidate
deposited into the county office candidate's or local school board candidate's own
campaign account; or
(vi)
an in-kind contribution.
(b)
"Contribution" does not include:
(i)
services provided by an individual volunteering a portion or all of the individual's
time on behalf of the filing entity if the services are provided without
compensation by the filing entity or any other person;
(ii)
money lent to the filing entity by a financial institution in the ordinary course of
business; or
(iii)
goods or services provided for the benefit of a county office candidate or local
school board candidate at less than fair market value that are not authorized by or
coordinated with the county office candidate or the local school board candidate.
(2)
"County office" means an office described in Section
17-66-102
that is required to be
filled by an election.
(3)
"County office candidate" means an individual who:
(a)
files a declaration of candidacy for a county office; or
(b)
receives a contribution, makes an expenditure, or gives consent for any other person
to receive a contribution or make an expenditure to bring about the individual's
nomination or election to a county office.
(4)
"County
officer
officeholder
" means an individual who holds a county office.
(5)
(a)
Except as provided in Subsection
(5)(b)
, "expenditure" means any of the
following made by a reporting entity or an agent of a reporting entity on behalf of the
reporting entity:
(i)
any disbursement from contributions, receipts, or the separate bank account
required under Section
17-70-403
;
(ii)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for a political purpose;
(iii)
an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value for a political purpose;
(iv)
compensation paid by a filing entity for personal services rendered by a person
without charge to a reporting entity;
(v)
a transfer of funds between the filing entity and a county office candidate's, or a
local school board candidate's, personal campaign committee; or
(vi)
goods or services provided by the filing entity to or for the benefit of another
reporting entity for a political purpose at less than fair market value.
(b)
"Expenditure" does not include:
(i)
services provided without compensation by an individual volunteering a portion or
all of the individual's time on behalf of a reporting entity;
(ii)
money lent to a reporting entity by a financial institution in the ordinary course of
business; or
(iii)
anything described in Subsection
(5)(a)
that is given by a reporting entity to a
candidate or officer in another state.
(6)
"Filing entity" means:
(a)
a county office candidate;
(b)
a county
officer
officeholder
;
(c)
a local school board
office
candidate;
(d)
a local school board
member
officeholder
; or
(e)
a reporting entity that is required to meet a campaign finance disclosure requirement
adopted by a county in accordance with Section
17-70-403
.
(7)
"In-kind contribution" means anything of value, other than money, that is accepted by or
coordinated with a filing entity.
(8)
"Local school board
office
candidate" means an individual who:
(a)
files a declaration of candidacy for local school board; or
(b)
receives a contribution, makes an expenditure, or gives consent for any other person
to receive a contribution or make an expenditure to bring about the individual's
nomination or election to a local school board.
(9)
(a)
"Personal use expenditure" means an expenditure that:
(i)
(A)
is not excluded from the definition of personal use expenditure by
Subsection (9)(c); and
(B)
primarily furthers a personal interest of a county office candidate, county
officer
officeholder
, local school board
office
candidate, or a local school
board
member
officeholder
, or a member of a county office candidate's,
county
officer's
officeholder's
, local school board
office
candidate's, or local
school board
member's
officeholder's
family; or
(ii)
would cause the county office candidate, county officer, local school board
candidate, or local school board member to recognize the expenditure as taxable
income under federal law.
(b)
"Personal use expenditure" includes:
(i)
a mortgage, rent, utility, or vehicle payment;
(ii)
a household food item or supply;
(iii)
a clothing expense, except:
(A)
clothing bearing the county office candidate's or local school board
office
candidate's name or campaign slogan or logo that is used in the county office
candidate's or local school board
office
candidate's campaign;
(B)
clothing bearing the logo or name of a jurisdiction, district, government
organization, government entity, caucus, or political party that the county
officer
officeholder
or local school board
member
officeholder
represents or
of which the county
officer
officeholder
or local school board
member
officeholder
is a member;
(C)
repair or replacement of clothing that is damaged while the county office
candidate or county
officer
officeholder
is engaged in an activity of a county
office candidate or county
officer
officeholder
; or
(D)
repair or replacement of clothing that is damaged while the local school board
office
candidate or local school board
member
officeholder
is engaged in an
activity of a local school board
office
candidate or local school board
member
officeholder
;
(iv)
admission to a sporting, artistic, or recreational event or other form of
entertainment;
(v)
dues, fees, or gratuities at a country club, health club, or recreational facility;
(vi)
a salary payment made to:
(A)
a county office candidate
,
or
county
officer
officeholder
, local school board
office
candidate, or local school board
member
officeholder
; or
(B)
a person who has not provided a bona fide service to a county
office
candidate, county
officer
officeholder
, local school board
office
candidate, or
local school board
member
officeholder
;
(vii)
a vacation;
(viii)
a vehicle expense;
(ix)
a meal expense;
(x)
a travel expense;
(xi)
payment of an administrative, civil, or criminal penalty;
(xii)
satisfaction of a personal debt;
(xiii)
a personal service, including the service of an attorney, accountant, physician,
or other professional person;
(xiv)
a membership fee for a professional or service organization;
and
or
(xv)
a payment in excess of the fair market value of the item or service purchased.
(c)
"Personal use expenditure" does not include an expenditure made:
(i)
for a political purpose;
(ii)
for candidacy for county office or local school board
office
;
(iii)
to fulfill a duty or activity of a county
officer
officeholder
or local school board
member
officeholder
;
(iv)
for a donation to a registered political party;
(v)
for a contribution to another candidate's campaign account, including sponsorship
of or attendance at an event, the primary purpose of which is to solicit a
contribution for another candidate's campaign account;
(vi)
to return all or a portion of a contribution to a contributor;
(vii)
for the following items, if made in connection with the candidacy for county
office or local school board
office
, or an activity or duty of a county
officer
officeholder
or local school board
member
officeholder
:
(A)
a mileage allowance at the rate established by the political subdivision that
provides the mileage allowance;
(B)
for motor fuel or special fuel, as defined in Section
59-13-102
;
(C)
a meal expense;
(D)
a travel expense, including an expense incurred for airfare or a rental vehicle;
(E)
a payment for a service provided by an attorney or accountant;
(F)
a tuition payment or registration fee for participation in a meeting or
conference;
(G)
a gift;
(H)
a payment for rent, utilities, a supply, or furnishings, in connection with an
office space;
(I)
a booth at a meeting or event; or
(J)
educational material;
(viii)
to purchase or mail informational material, a survey, or a greeting card;
(ix)
for a donation to a charitable organization, as defined in Section
13-22-2
,
including admission to or sponsorship of an event, the primary purpose of which
is charitable solicitation, as defined in Section
13-22-2
;
(x)
to repay a loan a county office candidate or local school board
office
candidate
makes from the candidate's personal account to the candidate's campaign account;
(xi)
to pay membership dues to a national organization whose primary purpose is to
address general public policy;
(xii)
for admission to or sponsorship of an event, the primary purpose of which is to
promote the social, educational, or economic well-being of the state or the county
office
candidate's, county
officer's
officeholder's
, local school board
office
candidate's, or local school board
member's
officeholder's
community;
(xiii)
for one or more guests of a county office candidate, county
officer
officeholder
,
local school board
office
candidate, or local school board
member
officeholder
to
attend an event, meeting, or conference described in this Subsection (9)(c);
(xiv)
that is connected with the performance of an activity as a county office
candidate or local school board
member
office candidate
, or an activity or duty of
a county
officer
officeholder
or local school board
member
officeholder
; or
(xv)
to pay childcare expenses of:
(A)
a
county office
candidate
or local school board office candidate
while the
county office candidate or local school board office
candidate is engaging in
campaign activity; or
(B)
an
a county
officeholder
or local school board officeholder
while the
county
officeholder
or local school board officeholder
is engaging in the duties of an
county
officeholder
or local school board officeholder
.
(10)
"Political purpose" means an act done with the intent or in a way to influence or tend
to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any candidate or a person seeking an office at any caucus, political convention,
or election.
(11)
"Reporting entity":
(a)
means the same as that term is defined in Section
20A-11-101
; and
(b)
includes a county office candidate, a county office candidate's personal campaign
committee, a county
officer
officeholder
, a local school board
office
candidate, a
local school board
office
candidate's personal campaign committee, and a local
school board
member
officeholder
.
Section 2. Section
17-70-402
is amended to read:
17-70-402
. Personal use expenditure -- Authorized and prohibited uses of
campaign funds -- Enforcement -- Penalties.
(1)
A county office candidate, county
officer
officeholder
, local school board
office
candidate, or local school board
member
officeholder
may not use money deposited
into the separate bank account required under Section
17-70-403
for:
.
(a)
a personal use expenditure; or
(b)
an expenditure prohibited by law.
(2)
(a)
A county clerk shall enforce this section prohibiting a personal use expenditure by:
(i)
evaluating a financial statement to identify a personal use expenditure; and
(ii)
commencing an adjudicative proceeding in accordance with applicable county
ordinance or policy if the county clerk has probable cause to believe a county
office candidate, county
officer
officeholder
, local school board
office
candidate,
or local school board
member
officeholder
has made a personal use expenditure.
(b)
Following the adjudicative proceeding described in Subsection
(2)(a)(ii)
, the county
clerk may issue a signed order requiring a county office candidate, county
officer
officeholder
, local school board
office
candidate, or local school board
member
officeholder
who has made a personal use expenditure to:
(i)
remit an administrative penalty of an amount equal to 50% of the personal use
expenditure to the county clerk; and
(ii)
deposit the amount of the personal use expenditure in the campaign account from
which the personal use expenditure was disbursed.
(c)
The county clerk shall deposit money received under Subsection
(2)(b)(i)
into the
county's general fund.
Section 3. Section
17-70-403
is amended to read:
17-70-403
. Campaign financial disclosure in county elections.
(1)
A county shall adopt an ordinance establishing campaign finance disclosure
requirements for:
(a)
candidates for county office; and
(b)
candidates for local school board office who reside in that county.
(2)
The ordinance required by Subsection
(1)
shall include:
(a)
a requirement that each candidate for county office or local school board office
report the candidate's itemized and total campaign contributions and expenditures at
least once within the two weeks before
the day of
the election and at least once
within two months after the
day of the
election;
(b)
a definition of "contribution" and "expenditure" that requires reporting of
nonmonetary contributions
such as
, including
in-kind contributions and
contributions of tangible things;
(c)
a requirement that the financial reports identify:
(i)
for each contribution, the name of the donor of the contribution, if known, and the
amount of the contribution; and
(ii)
for each expenditure, the name of the recipient and the amount of the expenditure;
(d)
a requirement that a candidate for county office or local school board office deposit a
contribution in a separate campaign account into a financial institution;
(e)
a prohibition against a candidate for county office or local school board office
depositing or mingling any contributions received into a personal or business account;
(f)
a requirement that a candidate for county office who receives a contribution that is
cash or a negotiable instrument, exceeds $50, and is from a donor whose name is
unknown, shall, within 30 days after receiving the contribution, disburse the amount
of the contribution to:
(i)
the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(ii)
an organization that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code;
(g)
a requirement that a candidate seeking appointment to fill a midterm vacancy in a
county office or local school board office file the financial report described in
Subsection
(2)(c)
with the county clerk:
(i)
for a county office vacancy described in Subsection
20A-1-508(3)
or
(7)
, no later
than three business days before the day on which the political party of the prior
officeholder submits the candidate's name to the county legislative body as the
individual the political party selects to fill the vacancy;
(ii)
for a county or district attorney office vacancy described in Subsection
20A-1-509.1(5)(a)
, no later than three business days before the day on which the
political party of the prior officeholder submits the candidate's name to the county
legislative body as one of the three individuals the party nominates to fill the
vacancy;
(iii)
for a county or district attorney office vacancy described in Section
20A-1-509.2
:
(A)
no later than the deadline for the candidate to submit an application to fill the
vacancy under Subsection
20A-1-509.2(2)(c)
; and
(B)
if, under Subsection
20A-1-509.2(3)
, more than three attorneys submit an
application to fill the vacancy, no later than three business days before the day
on which the political party of the prior officeholder submits the candidate's
name to the county legislative body as one of the three individuals the party
nominates to fill the vacancy; or
(iv)
for a local school board office vacancy
described in Section
20A-1-511
, no later
than three business days before the day on which the
local school board meets to
interview each candidate interested in filling the vacancy in accordance with
Section
20A-1-511
political party of the prior officeholder submits to the
appointing authority the name of an individual to fill the vacancy in accordance
with Section
20A-1-511
; and
(h)
a requirement that, upon receipt of the financial report described in Subsection
(2)(g)
,
the county clerk immediately submit a copy of the report to the county legislative
body.
(3)
(a)
As used in this Subsection
(3)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(2)(d)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than a
county office for which the person files a declaration of candidacy or federal
office, or as a holder of an office, other than a county office for which the person
files a declaration of candidacy or federal office, deposits a contribution or makes
an expenditure.
(b)
The ordinance required by Subsection
(1)
shall include a requirement that a
candidate for county office or local school board office include on a financial report
filed in accordance with the ordinance a contribution deposited in or an expenditure
made from an account:
(i)
since the last financial report was filed; or
(ii)
that has not been reported under a statute or ordinance that governs the account.
(4)
If
any
a
county fails to adopt a campaign finance disclosure ordinance described in
Subsection
(1)
,
candidates
a candidate
for county office, other than community council
office, and
candidates
a candidate
for local school board office shall comply with the
financial reporting requirements
contained
described
in Subsections
(5)
through
(10)
.
(5)
A candidate for
elective office in a
county
office
or local school board office:
(a)
shall deposit a contribution into a separate campaign account in a financial
institution; and
(b)
may not deposit or mingle any contributions received into a personal or business
account.
(6)
Each
A
candidate for
elective office in any
county
office
who is not required to
submit a campaign financial statement to the lieutenant governor, and each candidate for
local school board office, shall file a signed campaign financial statement with the
county clerk:
(a)
seven days before the date of the regular general election, reporting each contribution
and each expenditure as of 10 days before the date of the regular general election; and
(b)
no later than 30 days after the date of the regular general election.
(7)
(a)
The statement filed seven days before the regular general election shall include:
(i)
a list of each contribution received by the candidate, and the name of the donor, if
known; and
(ii)
a list of each expenditure for political purposes made during the campaign period,
and the recipient of each expenditure.
(b)
The statement filed 30 days after the regular general election shall include:
(i)
a list of each contribution received after the cutoff date for the statement filed
seven days before the election, and the name of the donor; and
(ii)
a list of all expenditures for political purposes made by the candidate after the
cutoff date for the statement filed seven days before the election, and the recipient
of each expenditure.
(8)
(a)
As used in this Subsection
(8)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(5)(a)
; and
(ii)
into which or from which
a person
an individual
who, as a candidate for
an
a
county
office
or local school board office
, other than a county office
or local
school board office
for which the
person
individual
filed a declaration of
candidacy or federal office, or as a holder of
an office
a county office or local
school board office
, other than a county office
or local school board office
for
which the
person
individual
filed a declaration of candidacy or federal office,
deposits a contribution or makes an expenditure.
(b)
A county office candidate and a local school board office candidate shall include on
any
a
campaign financial statement filed in accordance with Subsection
(6)
or
(7)
:
(i)
a contribution deposited into an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account; or
(ii)
an expenditure made from an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account.
(9)
Within 30 days after receiving a contribution that is cash or a negotiable instrument,
exceeds $50, and is from a donor whose name is unknown, a county office candidate
or
local school board office candidate
shall disburse the amount of the contribution to:
(a)
the treasurer of the state or a political subdivision for deposit into the state's or
political subdivision's general fund; or
(b)
an organization that is exempt from federal income taxation under Section 501(c)(3),
Internal Revenue Code.
(10)
Candidates
A candidate
for
elective office in any county, and candidates
county
office or
for local school board office, who
are
is
eliminated at a primary election shall
file a signed campaign financial statement containing the information required by this
section not later than 30 days after the primary election
date
.
(11)
(a)
A candidate seeking appointment to fill a midterm vacancy in a county office or
local school board office shall:
(i)
comply with Subsections
(5)
and (9); and
(ii)
file a signed campaign financial statement with the county clerk no later than the
deadline described in Subsection
(2)(g)
.
(b)
Upon receipt of the campaign financial statement described in Subsection
(11)(a)(ii)
,
the county clerk shall immediately submit a copy of the statement to the county
legislative body.
(12)
Any individual who fails to comply with this section is guilty of an infraction.
(13)
(a)
Counties
A county
may, by ordinance, enact requirements
relating to a county
office or local school board office
that:
(i)
require greater disclosure of campaign contributions and expenditures; and
(ii)
impose additional penalties.
(b)
The requirements described in Subsection
(13)(a)
apply to a local school board office
candidate who resides in that county.
(14)
If a candidate
for county office or local school board office
fails to file an interim
report due before the election, the county clerk:
(a)
may send an electronic notice to the candidate and the political party of which the
candidate is a member, if any, that states:
(i)
that the candidate failed to timely file the report; and
(ii)
that, if the candidate fails to file the report within 24 hours after the deadline for
filing the report, the candidate will be disqualified and the political party will not
be permitted to replace the candidate; and
(b)
impose a fine of $100 on the candidate.
(15)
(a)
The county clerk shall disqualify a candidate
for county office or local school
board office
and inform the appropriate election officials that the candidate is
disqualified if the candidate fails to file an interim report described in Subsection
(14)

within 24 hours after the deadline for filing the report.
(b)
The political party of a candidate
for county office or local school board office
who
is disqualified under Subsection
(15)(a)
may not replace the candidate
for county
office or local school board office
.
(c)
A candidate who is disqualified under Subsection
(15)(a)
shall file with the county
clerk a complete and accurate campaign finance statement within 30 days after the
day on which the candidate is disqualified.
(16)
If a
county office
candidate
or local school board office candidate
is disqualified under
Subsection
(15)(a)
, the election official:
(a)
shall:
(i)
notify every opposing candidate for the county office
or local school board office
that the candidate is disqualified;
(ii)
send an email notification to each voter who is eligible to vote in the
county
election office
race for whom the election official has an email address informing
the voter that the candidate is disqualified and that votes cast for the candidate will
not be counted;
(iii)
post notice of the disqualification on the county's website; and
(iv)
if practicable, remove the candidate's name from the ballot by blacking out the
candidate's name before the ballots are delivered to voters; and
(b)
may not count any votes for that candidate.
(17)
An election official may fulfill the requirement described in Subsection
(16)(a)
in
relation to a mailed ballot, including a military or overseas ballot, by including with the
ballot a written notice directing the voter to the county's website to inform the voter
whether a candidate on the ballot is disqualified.
(18)
A
county office
candidate
or local office candidate
is not disqualified if:
(a)
the candidate files the interim reports described in Subsection
(14)
no later than 24
hours after the applicable deadlines for filing the reports;
(b)
the reports are completed, detailing accurately and completely the information
required by this section except for inadvertent omissions or insignificant errors or
inaccuracies; and
(c)
the omissions, errors, or inaccuracies are corrected in an amended report or in the
next scheduled report.
(19)
(a)
A report is considered timely filed if:
(i)
the report is received in the county clerk's office no later than midnight, Mountain
Time, at the end of the day on which the report is due;
(ii)
the report is received in the county clerk's office with a United States Postal
Service postmark three days or more before the date that the report was due; or
(iii)
the candidate has proof that the report was mailed, with appropriate postage and
addressing, three days before the report was due.
(b)
For a county clerk's office that is not open until midnight at the end of the day on
which a report is due, the county clerk shall permit a candidate to file the report via
email or another electronic means designated by the county clerk.
(20)
(a)
Any private party in interest may bring an action in a court with jurisdiction
under Title
78A, Judiciary and Judicial Administration
, to enforce the provisions of
this section or any ordinance adopted under this section.
(b)
In a civil action filed under Subsection
(20)(a)
, the court shall award costs and
attorney fees to the prevailing party.
(21)
Notwithstanding any provision of Title
63G, Chapter 2
, Government Records Access
and Management Act, the county clerk shall:
(a)
make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b)
make the campaign finance statement filed by a candidate available for public
inspection by:
(i)
posting an electronic copy or the contents of the statement on the county's website
no later than seven business days after the day on which the statement is filed; and
(ii)
in order to meet the requirements of Subsection
20A-11-103(4)(b)(ii)
, providing
the lieutenant governor with a link to the electronic posting described in
Subsection
(21)(b)(i)
no later than two business days after the day the statement is
filed.
Section 4. Section
20A-1-102
is amended to read:
20A-1-102
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on ballots and tabulates the results.
(3)
(a)
"Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b)
"Ballot" does not include a record to tally multiple votes.
(4)
"Ballot proposition" means a question, issue, or proposal that is submitted to voters on
the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature.
(5)
"Bind," "binding," or "bound" means securing more than one piece of paper together
using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
"Bond election" means an election held for the purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(8)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a holiday.
(9)
"Business reply mail envelope" means an envelope that may be mailed free of charge by
the sender.
(10)
"Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
a business day, or any other type of day.
(11)
"Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12)
"Canvassing judge" means a poll worker designated to assist in counting ballots at the
canvass.
(13)
"Contracting election officer" means an election officer who enters into a contract or
interlocal agreement with a provider election officer.
(14)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
"Counting judge" means a poll worker designated to count the ballots during election
day.
(17)
"Counting room" means a suitable and convenient private place or room for use by the
poll workers and counting judges to count ballots.
(18)
"County officers" means those county officers that are required by law to be elected.
(19)
"Date of the election" or "election day" or "day of the election":
(a)
means the day that is specified in the calendar year as the day on which the election
occurs; and
(b)
does not include:
(i)
deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii)
any early voting or early voting period as provided under Chapter
3a, Part 6
,
Early Voting.
(20)
"Elected official" means:
(a)
a person elected to an office under Section
20A-1-303
or Chapter
4, Part 6
,
Municipal Alternate Voting Methods Pilot Project;
(b)
a person who is considered to be elected to a municipal office in accordance with
Subsection
20A-1-206(1)(c)(ii)
; or
(c)
a person who is considered to be elected to a special district office in accordance
with Subsection
20A-1-206(3)(b)(ii)
.
(21)
"Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary
election, and a special district election.
(22)
"Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(23)
"Election cycle" means the period beginning on the first day on which individuals are
eligible to file declarations of candidacy and ending when the canvass is completed.
(24)
"Election judge" means a poll worker that is assigned to:
(a)
preside over other poll workers at a polling place;
(b)
act as the presiding election judge; or
(c)
serve as a canvassing judge, counting judge, or receiving judge.
(25)
"Election material" includes:
(a)
the verification documentation described in Subsection
20A-3a-401(9)(b)(iv)
;
(b)
the list of voters contacted to cure a ballot described in Subsection
20A-3a-401(10)(b)
;
(c)
the record of rejected and resolved ballots described in Subsection
20A-3a-401(11)(a)
;
(d)
any chain of custody documentation described in Section
20A-3a-401.1
, including:
(i)
the count of ballots described in Subsection
20A-3a-401.1(3)
; and
(ii)
the batch log described in Subsection
20A-3a-401.1(5)
;
(e)
the record of signature verification audits described in Subsection
20A-3a-402.5(4)
;
(f)
the affidavit of compliance described in Subsection
20A-3a-404(2)
;
(g)
the physical and electronic log of replicated ballots described in Subsection
20A-4-104(3)
;
(h)
the physical or electronic log of adjudicated ballots described in Section
20A-5-802.5
;
(i)
the record of voter database access described in Subsection
20A-5-905(2)
;
(j)
the reports on military and overseas voters described in Section
20A-16-202
;
(k)
scanned copies of return envelopes;
(l)
a copy of the final election results database described in Section
20A-5-802.5
; and
(m)
the materials used in the programming of the automatic tabulating equipment.
(26)
"Election officer" means:
(a)
the lieutenant governor, for all statewide ballots and elections;
(b)
the county clerk for:
(i)
a county ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(c)
the municipal clerk for:
(i)
a municipal ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(d)
the special district clerk or chief executive officer for:
(i)
a special district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
; or
(e)
the business administrator or superintendent of a school district for:
(i)
a school district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
.
(27)
"Election official" means any election officer, election judge, or poll worker.
(28)
"Election results" means:
(a)
for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b)
for bond elections, the count of those votes cast for and against the bond proposition
plus any or all of the election returns that the board of canvassers may request.
(29)
"Election results database" means the following information generated by voting
equipment:
(a)
one or more electronic files that contains a digital interpretation of each ballot that is
counted in an election;
(b)
a ballot image; and
(c)
other information related to a ballot that is adjudicated under Section
20A-4-105
.
(30)
"Election returns" means:
(a)
the pollbook;
(b)
the military and overseas absentee voter registration and voting certificates;
(c)
one of the tally sheets;
(d)
any unprocessed ballots;
(e)
all counted ballots;
(f)
all excess ballots;
(g)
all unused ballots;
(h)
all spoiled ballots;
(i)
all ballot disposition forms, including any provisional ballot disposition forms;
(j)
the final election results database described in Section
20A-5-802.5
;
(k)
all return envelopes;
(l)
any provisional ballot envelopes; and
(m)
the total votes cast form.
(31)
"Electronic signature" means an electronic sound, symbol, or process attached to or
logically associated with a record and executed or adopted by a person with the intent to
sign the record.
(32)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
"Inactive voter" means a registered voter who is listed as inactive by a county clerk
under Subsection
20A-2-505(4)(c)(i)
or
(ii)
.
(34)
"Judicial office" means the office filled by any judicial officer.
(35)
"Judicial officer" means any justice or judge of a court of record or any county court
judge.
(36)
"Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a
bond election.
(37)
"Local political subdivision" means a county, a municipality, a special district, or a
local school district.
(38)
"Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision
may vote.
(39)
"Manual ballot" means a paper document produced by an election officer on which an
individual records an individual's vote by directly placing a mark on the paper document
using a pen or other marking instrument.
(40)
"Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual
voter's vote.
(41)
"Municipal executive" means:
(a)
the mayor in the council-mayor form of government defined in Section
10-3b-102
; or
(b)
the mayor in the council-manager form of government defined in Subsection
10-3b-103(6)
.
(42)
"Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of
each odd-numbered year for the purposes established in Section
20A-1-202
.
(43)
"Municipal legislative body" means the council of the city or town in any form of
municipal government.
(44)
"Municipal office" means an elective office in a municipality.
(45)
"Municipal officers" means those municipal officers that are required by law to be
elected.
(46)
"Municipal primary election" means an election held to nominate candidates for
municipal office.
(47)
"Municipality" means a city or town.
(48)
"Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(49)
"Official endorsement" means the information on the ballot that identifies:
(a)
the ballot as an official ballot;
(b)
the date of the election; and
(c)
(i)
for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection
20A-6-401(1)(a)(iii)
; or
(ii)
for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(b)(iii)
.
(50)
"Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section
20A-5-401
.
(51)
"Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
(52)
(a)
"Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b)
"Poll worker" includes election judges.
(c)
"Poll worker" does not include a watcher.
(53)
"Pollbook" means a record of the names of voters in the order that the voters appear to
cast votes.
(54)
"Polling place" means a building where voting is conducted.
(55)
"Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks the voter's choice.
(56)
"Presidential Primary Election" means the election established in
Chapter 9, Part 8,
Presidential Primary Election
.
(57)
"Primary convention" means the political party conventions held during the year of the
regular general election.
(58)
"Protective counter" means a separate counter, which cannot be reset, that:
(a)
is built into a voting machine; and
(b)
records the total number of movements of the operating lever.
(59)
"Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(60)
"Provisional ballot" means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker.
(61)
"Provisional ballot envelope" means an envelope printed in the form required by
Section
20A-6-105
that is used to identify provisional ballots and to provide information
to verify a person's legal right to vote.
(62)
(a)
"Public figure" means an individual who, due to the individual being considered
for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's
safety.
(b)
"Public figure" does not include an individual:
(i)
elected to public office; or
(ii)
appointed to fill a vacancy in an elected public office.
(63)
"Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the individual was elected.
(64)
"Receiving judge" means the poll worker that checks the voter's name in the official
register at a polling place and provides the voter with a ballot.
(65)
"Registration form" means a form by which an individual may register to vote under
this title.
(66)
"Regular ballot" means a ballot that is not a provisional ballot.
(67)
"Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section
20A-1-201
.
(68)
"Regular primary election" means the election, held on the date specified in Section
20A-1-201.5
, to nominate candidates of political parties
and candidates for nonpartisan
,
including candidates for partisan
local school board positions
,
to advance to the regular
general election.
(69)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
"Return envelope" means the envelope, described in Subsection
20A-3a-202(4)
,
provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature.
(71)
"Sample ballot" means a mock ballot similar in form to the official ballot, published as
provided in Section
20A-5-405
.
(72)
"Special district" means a local government entity under Title
17B, Limited Purpose
Local Government Entities - Special Districts
, and includes a special service district
under
Title 17D, Chapter 1, Special Service District Act
.
(73)
"Special district officers" means those special district board members who are required
by law to be elected.
(74)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
"Spoiled ballot" means each ballot that:
(a)
is spoiled by the voter;
(b)
is unable to be voted because it was spoiled by the printer or a poll worker; or
(c)
lacks the official endorsement.
(76)
"Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(77)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
"Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(80)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
, the absence of an individual to serve in a
position created by state constitution or state statute, whether that absence occurs
because of death, disability, disqualification, resignation, or other cause; or
(b)
in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or
disqualification.
(81)
"Valid voter identification" means:
(a)
a form of identification that bears the name and photograph of the voter which may
include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card issued under
Title 53, Chapter 3, Part 8,
Identification Card Act
;
(iii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iv)
a currently valid Utah permit to carry a concealed weapon;
(v)
a currently valid United States passport; or
(vi)
a currently valid United States military identification card;
(b)
one of the following identification cards, regardless of whether the card includes a
photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection
(81)(a)
or
(b)
but that bear the
name of the voter and provide evidence that the voter resides in the voting precinct,
which may include:
(i)
before January 1, 2029, an original or copy of a current utility bill, dated no more
than 90 calendar days before the date of the election;
(ii)
before January 1, 2029, an original or copy of a bank or other financial account
statement, dated no more than 90 calendar days before the date of the election;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
an original or copy of a check issued by the state or the federal government, dated
no more than 90 calendar days before the date of the election;
(vi)
an original or copy of a paycheck from the voter's employer, dated no more than
90 calendar days before the date of the election;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within
the state; or
(xiii)
a current Utah vehicle registration.
(82)
"Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(83)
"Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a)
mailing the ballot to the location designated in the mailing; or
(b)
depositing the ballot in a ballot drop box designated by the election officer.
(84)
"Voter" means an individual who:
(a)
meets the requirements for voting in an election;
(b)
meets the requirements of election registration;
(c)
is registered to vote; and
(d)
is listed in the official register.
(85)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
"Voting area" means the area within six feet of the voting booths, voting machines,
and ballot box.
(87)
"Voting booth" means:
(a)
the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b)
a voting device that is free standing.
(88)
"Voting device" means any device provided by an election officer for a voter to vote a
mechanical ballot.
(89)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
"Write-in vote" means a vote cast for an individual, whose name is not printed on the
ballot, in accordance with the procedures established in this title.
Section 5. Section
20A-1-404
is amended to read:
20A-1-404
. Election controversies.
(1)
(a)
(i)
Whenever any
When a
controversy occurs between
any
an
election officer
or other person or entity charged with
any
a
duty or function under this title and
any candidate, or the officers or representatives of
any
a
political party, or
persons who have made nominations, either party to the controversy may file a
verified petition with the district court.
(ii)
(b)
If a petition is filed, the petitioner shall serve a copy of the petition on the
respondents on the same day that the petition is filed with the court.
(b)
(c)
The verified petition shall identify concisely the nature of the controversy and
the relief sought.
(2)
After reviewing the petition, the court shall:
(a)
issue an order commanding the respondent named in the petition to appear before the
court to answer, under oath, to the petition;
(b)
summarily hear and dispose of any issues raised by the petition to obtain:
(i)
strict compliance with all filing deadlines for financial disclosure reports under:
(A)
Section
10-3-208
, regarding campaign finance statements in municipal
elections;
(B)
Section
17-70-403
, regarding campaign finance statements for county offices

and local school board offices
;
(C)
Chapter 11, Part 2, Statewide Office Candidates - Campaign Organization and
Financial Reporting Requirements;
(D)
Chapter 11, Part 3, Candidates for Legislative Office - Campaign
Organization and Financial Reporting Requirements;
(E)
Chapter 11, Part 4, Officeholder Financial Reporting Requirements;
(F)
Chapter 11, Part 5, Political Party Registration and Financial Reporting
Requirements;
(G)
Chapter 11, Part 6, Political Action Committee Registration and Financial
Reporting Requirements;
(H)
Chapter 11, Part 7, Campaign Financial Reporting by Corporations;
(I)
Chapter 11, Part 8, Political Issues Committees - Registration and Financial
Reporting;
(J)
Chapter 11, Part 13, State School Board Candidates; and
(K)
Chapter 12, Part 3, Campaign and Financial Reporting
(C)
Title 20A, Chapter 11, Part 2, State Office Candidates - Campaign
Organization and Financial Reporting Requirements
;
(D)
Title 20A, Chapter 11, Part 3, Candidates for Legislative Office - Campaign
Organization and Financial Reporting Requirements
;
(E)
Title 20A, Chapter 11, Part 4, Officeholder Financial Reporting Requirements
;
(F)
Title 20A, Chapter 11, Part 5, Political Party Registration and Financial
Reporting Requirements
;
(G)
Title 20A, Chapter 11, Part 6, Political Action Committee Registration and
Financial Reporting Requirements
;
(H)
Title 20A, Chapter 11, Part 7, Campaign Financial Reporting by Corporations
;
(I)
Title 20A, Chapter 11, Part 8, Political Issues Committees - Registration and
Financial Reporting
;
(J)
Title 20A, Chapter 11, Part 13, State School Board Candidates
; and
(K)
Title 20A, Chapter 12, Part 3, Campaign and Financial Reporting
Requirements for Judicial Retention Elections
; and
(ii)
substantial compliance with all other provisions of this title by the parties to the
controversy; and
(c)
make and enter orders and judgments, and issue the process of the court to enforce
all of those orders and judgments.
Section 6. Section
20A-1-511
is repealed and reenacted to read:
20A-1-511
. Midterm vacancy on local school board.
(1)
As used in this section:
(a)
"Appointing authority" means:
(i)
for a school district contained entirely within one county, the legislative body of
the county; or
(ii)
for a school district that contains all or part of more than one county, the
legislative body of the county within which a majority of the population of the
school district resides.
(b)
"Filing deadline" means the final date for filing:
(i)
a declaration of candidacy as provided in Section
20A-9-202
; or
(ii)
for an unaffiliated candidate, a certificate of nomination as provided in Section
20A-9-503
.
(c)
"Party liaison" means the political party officer designated to serve as a liaison with
the lieutenant governor on all matters relating to the political party's relationship with
the state as required by Section
20A-8-401
.
(2)
(a)
Except as provided by Subsection
(4)
, when a vacancy occurs for any reason in
the office of local school board member, the vacancy shall be filled for the unexpired
term at the next regular general election.
(b)
The appointing authority shall fill the vacancy until the next regular general election
by immediately appointing the individual whose name is submitted by the party
liaison of the same political party as the local school board member being replaced.
(3)
(a)
If a vacancy described in Subsection
(2)(a)
occurs after the filing deadline, but
before August 31 of an even-numbered year in which the term of office does not
expire, the county clerk shall:
(i)
establish a date and time, that is before the date for a candidate to be certified for
the ballot under Section
20A-9-701
and no later than 21 calendar days after the
day on which the vacancy occurs, by which an individual intending to obtain a
position on the ballot for the vacant office shall file a declaration of candidacy or,
as applicable, a certificate of nomination; and
(ii)
give notice of the vacancy and the date and time described in Subsection
(3)(a)(i)
:
(A)
on the county clerk's website; and
(B)
to each registered political party.
(b)
An individual intending to obtain a position on the ballot for the vacant office:
(i)
shall, before the date and time established under Subsection
(3)(a)(i)
, file a
declaration of candidacy or, if applicable, a certificate of nomination in
accordance with Chapter 9, Candidate Qualifications and Nominating Procedures;
and
(ii)
may run in the regular general election if:
(A)
nominated as a party candidate; or
(B)
qualified as an unaffiliated candidate.
(c)
In relation to a registered political party that is not a qualified political party, if a
vacancy described in Subsection
(2)(a)
occurs after the deadline described in
Subsection
20A-9-202(1)(b)
, but before August 31 of an even-numbered year in
which the term of office does not expire:
(i)
an individual intending to obtain a position on the ballot for the vacant office
shall, before the date and time established under Subsection
(3)(a)(i)
, file a
declaration of candidacy; and
(ii)
the party liaison for each registered political party that is not a qualified political
party may submit the name of an individual described in Subsection
(3)(c)(i)
to
the county clerk before 5 p.m. no later than August 30 for placement on the
regular general election ballot.
(4)
If a vacancy described in Subsection
(2)(a)
occurs on or after August 31 of an
even-numbered year in which a term does not expire, the appointing authority shall fill
the vacancy for the unexpired term by immediately appointing the individual whose
name is submitted by the party liaison of the same political party as the local school
board member being replaced.
(5)
An individual seeking appointment to fill a vacancy described in this section shall, no
later than the deadline for the individual to file an interim report under Subsection
20A-11-1301(5)
, make a complete conflict of interest disclosure on the website
described in Section
20A-11-1602.5
.
(6)
The county clerk shall make each conflict of interest disclosure made by an individual
described in Subsection
(5)
available for public inspection in accordance with
Subsection
20A-11-1603(4)
.
(7)
A vacancy in the office of local school board member does not occur unless the local
school board member:
(a)
has left office; or
(b)
submits an irrevocable letter of resignation to the appointing authority.
Section 7. Section
20A-8-401
is amended to read:
20A-8-401
. Registered political parties -- Bylaws -- Report name of midterm
vacancy candidate.
(1)
(a)
Each new or unregistered state political party that seeks to become a registered
political party under the authority of this chapter shall file a copy of the party's
proposed constitution and bylaws at the time the party files the party's registration
information.
(b)
Each registered state political party shall file revised copies of the party's constitution
or bylaws with the lieutenant governor no later than 5 p.m. on the first business day
that is at least 15 calendar days after the day on which the constitution or bylaws are
adopted or amended.
(2)
Each state political party, each new political party seeking registration, and each
unregistered political party seeking registration shall ensure that the party's constitution
or bylaws contain:
(a)
provisions establishing party organization, structure, membership, and governance
that include:
(i)
a description of the position, selection process, qualifications, duties, and terms of
each party officer and committees defined by constitution and bylaws;
(ii)
a provision requiring a designated party officer to serve as liaison with:
(A)
the lieutenant governor on all matters relating to the political party's
relationship with the state; and
(B)
each county legislative body on matters relating to the political party's
relationship with a county;
(iii)
a description of the requirements for participation in party processes;
(iv)
the dates, times, and quorum of any regularly scheduled party meetings,
conventions, or other conclaves; and
(v)
a mechanism for making the names of delegates, candidates, and elected party
officers available to the public shortly after they are selected;
(b)
a procedure for selecting party officers that allows active participation by party
members;
(c)
a procedure for selecting party candidates at the federal, state, and county levels that
allows active participation by party members;
(d)
(i)
a procedure for selecting electors who are pledged to cast their votes in the
electoral college for the party's candidates for president and vice president of the
United States; and
(ii)
a procedure for filling vacancies in the office of presidential elector because of
death, refusal to act, failure to attend, ineligibility, or any other cause;
(e)
a procedure for filling vacancies in
the
a partisan
office
of representative or
senator or a county office, as described in Section
20A-1-508
,
because of death,
resignation, or ineligibility;
(f)
a provision requiring the governor and lieutenant governor to run as a joint ticket;
(g)
a procedure for replacing party candidates who die, acquire a disability that prevents
the candidate from continuing the candidacy, or are disqualified before a primary or
regular general election;
(h)
provisions governing the deposit and expenditure of party funds, and governing the
accounting for, reporting, and audit of party financial transactions;
(i)
provisions governing access to party records;
(j)
a procedure for amending the constitution or bylaws that allows active participation
by party members or their representatives;
(k)
a process for resolving grievances against the political party; and
(l)
if desired by the political party, a process for consulting with, and obtaining the
opinion of, the political party's Utah Senate and Utah House of Representatives
members about:
(i)
the performance of the two United States Senators from Utah, including
specifically:
(A)
their views and actions regarding the defense of state's rights and federalism;
and
(B)
their performance in representing Utah's interests;
(ii)
the members' opinion about, or rating of, and support or opposition to the policy
positions of any candidates for United States Senate from Utah, including
incumbents, including specifically:
(A)
their views and actions regarding the defense of state's rights and federalism;
and
(B)
their performance in representing Utah's interests; and
(iii)
the members' collective or individual endorsement or rating of a particular
candidate for United States Senate from Utah.
(3)
If, in accordance with a political party's constitution or bylaws,
a person
an individual

files a declaration
of candidacy
or otherwise notifies the party of the
person's
individual's
candidacy as a
legislative office candidate or state office candidate, as
defined in Section
20A-11-101
, to be appointed and fill a midterm vacancy in the office
of representative or senator in the Legislature, as described in Section
20A-1-503
, or in a
state office as described in Section
20A-1-504
party candidate for a public office
, the
party shall forward a copy of that declaration or notification to the lieutenant governor
before 5 p.m. no later than the day following the day on which the party receives the
declaration or notification.
Section 8. Section
20A-9-101
is amended to read:
20A-9-101
. Definitions.
As used in this chapter:
(1)
(a)
"Candidates for elective office" means persons who file a declaration of candidacy
under Section
20A-9-202
to run in a regular general election for a federal office,
constitutional office, multicounty office, or county office.
(b)
"Candidates for elective office" does not
mean
include
candidates for:
(i)
justice or judge of court of record or not of record;
(ii)
presidential elector;
(iii)
any political party offices; and
(iv)
municipal or special district offices.
(2)
"Constitutional office" means the state offices of governor, lieutenant governor, attorney
general, state auditor, and state treasurer.
(3)
"Continuing political party" means the same as that term is defined in Section
20A-8-101
.
(4)
(a)
"County office" means an elective office where the officeholder is selected by
voters entirely within one county.
(b)
"County office" includes the following offices if the district for that office is entirely
within one county:
(i)
the office of state legislator;
(ii)
the office of state school board member; or
(iii)
the office of local school board member.
(b)
(c)
"County office" does not
mean
include
:
(i)
the office of justice or judge of any court of record or not of record;
(ii)
the office of presidential elector;
(iii)
any political party offices;
(iv)
any municipal or special district offices;
and
or
(v)
the office of United States Senator and United States Representative.
(5)
"Electronic candidate qualification process" means:
(a)
as it relates to a registered political party that is not a qualified political party, the
process for gathering signatures electronically to seek the nomination of a registered
political party, described in:
(i)
Section
20A-9-403
;
(ii)
Section
20A-9-405
, except Subsections
20A-9-405(3)
and
(5)
; and
(iii)
Section
20A-21-201
; and
(b)
as it relates to a qualified political party, the process, for gathering signatures
electronically to seek the nomination of a registered political party, described in:
(i)
Section
20A-9-405
, except Subsections
20A-9-405(3)
and
(5)
;
(ii)
Section
20A-9-408
; and
(iii)
Section
20A-21-201
.
(6)
"Federal office" means an elective office for United States Senator and United States
Representative.
(7)
"Filing officer" means:
(a)
the lieutenant governor, for:
(i)
the office of United States Senator and United States Representative; and
(ii)
all constitutional offices;
(b)
for the office of a state senator, state representative, or the state school board, the
lieutenant governor or the applicable clerk described in Subsection
(7)(c)
or
(d)
;
(c)
the county clerk, for county offices and local school district offices;
(d)
the county clerk in the filer's county of residence, for multicounty offices;
(e)
the city or town clerk, for municipal offices; or
(f)
the special district clerk, for special district offices.
(8)
"Local government office" includes county offices, municipal offices, and special
district offices and other elective offices selected by the voters from a political division
entirely within one county.
(9)
"Manual candidate qualification process" means the process for gathering signatures to
seek the nomination of a registered political party, using paper signature packets that a
signer physically signs.
(10)
(a)
"Multicounty office" means an elective office where the officeholder is selected
by the voters from more than one county.
(b)
"Multicounty office" includes the following offices if the district for that office
includes all or part of at least two counties:
(i)
the office of state legislator;
(ii)
the office of state school board member; or
(iii)
the office of local school board member.
(b)
(c)
"Multicounty office" does not
mean
include
:
(i)
a county office;
(ii)
a federal office;
(iii)
the office of justice or judge of any court of record or not of record;
(iv)
the office of presidential elector;
(v)
any political party offices; or
(vi)
any municipal or special district offices.
(11)
"Municipal office" means an elective office in a municipality.
(12)
(a)
"Political division" means a geographic unit from which an officeholder is
elected and that an officeholder represents.
(b)
"Political division" includes a county, a city, a town, a special district, a school
district, a legislative district, and a county prosecution district.
(13)
"Qualified political party" means a registered political party that:
(a)
(i)
permits a delegate for the registered political party to vote on a candidate
nomination in the registered political party's convention remotely; or
(ii)
provides a procedure for designating an alternate delegate if a delegate is not
present at the registered political party's convention;
(b)
does not hold the registered political party's convention before the fourth Saturday in
March of an even-numbered year;
(c)
permits a member of the registered political party to seek the registered political
party's nomination for any elective office by the member choosing to seek the
nomination by either or both of the following methods:
(i)
seeking the nomination through the registered political party's convention process,
in accordance with the provisions of Section
20A-9-407
; or
(ii)
seeking the nomination by collecting signatures, in accordance with the
provisions of Section
20A-9-408
; and
(d)
(i)
if the registered political party is a continuing political party, no later than 5
p.m. on the first Monday of October of an odd-numbered year, certifies to the
lieutenant governor that, for the election in the following year, the registered
political party intends to nominate the registered political party's candidates in
accordance with the provisions of Section
20A-9-406
; or
(ii)
if the registered political party is not a continuing political party, certifies at the
time that the registered political party files the petition described in Section
20A-8-103
that, for the next election, the registered political party intends to
nominate the registered political party's candidates in accordance with the
provisions of Section
20A-9-406
.
(14)
"Signature," as it relates to a petition for a candidate to seek the nomination of a
registered political party, means:
(a)
when using the manual candidate qualification process, a holographic signature
collected physically on a nomination petition described in Subsection
20A-9-405(3)
;
or
(b)
when using the electronic candidate qualification process:
(i)
an electronic signature collected under Subsection
20A-21-201(6)(c)(ii)(A)
; or
(ii)
a holographic signature collected electronically under Subsection
20A-21-201(6)(c)(ii)(B)
.
(15)
"Special district office" means an elected office in a special district.
Section 9. Section
20A-9-201
is amended to read:
20A-9-201
. Declarations of candidacy -- Candidacy for more than one office or
of more than one political party prohibited with exceptions -- General filing and form
requirements -- Affidavit of impecuniosity.
(1)
Before filing a declaration of candidacy for election to any office, an individual shall:
(a)
be a United States citizen;
(b)
meet the legal requirements of that office; and
(c)
if seeking a registered political party's nomination as a candidate for elective office,
state
to the filing officer
:
(i)
the registered political party of which the individual is a member; or
(ii)
that the individual is not a member of a registered political party.
(2)
(a)
Except as provided in Subsection
(2)(b)
, an individual may not:
(i)
file a declaration of candidacy for, or be a candidate for, more than one office in
Utah during any election year;
(ii)
appear on the ballot as the candidate of more than one political party; or
(iii)
file a declaration of candidacy for a registered political party of which the
individual is not a member, except to the extent that the registered political party
permits otherwise in the registered political party's bylaws.
(b)
(i)
An individual may file a declaration of candidacy for, or be a candidate for,
president or vice president of the United States and another office, if the
individual resigns the individual's candidacy for the other office after the
individual is officially nominated for president or vice president of the United
States.
(ii)
An individual may file a declaration of candidacy for, or be a candidate for, more
than one justice court judge office.
(iii)
An individual may file a declaration of candidacy for lieutenant governor even if
the individual filed a declaration of candidacy for another office in the same
election year if the individual withdraws as a candidate for the other office in
accordance with Subsection
20A-9-202(6)
before filing the declaration of
candidacy for lieutenant governor.
(iv)
For the 2026 election year only, an individual who files a declaration of
candidacy to seek the nomination of a qualified political party for constitutional
office, multicounty office, or county office:
(A)
may also be a candidate for United States representative;
(B)
may, if the individual desires to use the signature-gathering process to qualify
for the primary election ballot for the office of United States representative, file
a notice of intent to gather signatures for, and gather signatures for, that office;
and
(C)
shall, before filing a declaration of candidacy for the office of United States
representative, withdraw as a candidate for the constitutional office,
multicounty office, or county office for which the individual filed a declaration
of candidacy.
(3)
(a)
Except for a candidate for president or vice president of the United States, before
the filing officer may accept any declaration of candidacy, the filing officer shall:
(i)
read to the individual the constitutional and statutory qualification requirements
for the office that the individual is seeking;
(ii)
require the individual to state whether the individual meets the requirements
described in Subsection
(3)(a)(i)
;
(iii)
if the declaration of candidacy is for a county office, inform the individual that
an individual who holds a county elected office may not, at the same time, hold a
municipal elected office; and
(iv)
if the declaration of candidacy is for a legislative office, inform the individual
that Utah Constitution, Article VI, Section 6, prohibits a person who holds a
public office of profit or trust, under authority of the United States or Utah, from
being a member of the Legislature.
(b)
(i)
Before accepting a declaration of candidacy for the office of county attorney,
the county clerk shall ensure that the individual filing that declaration of
candidacy is:
(A)
a United States citizen;
(B)
an attorney licensed to practice law in the state who is an active member in
good standing of the Utah State Bar;
(C)
a registered voter in the county in which the individual is seeking office; and
(D)
a current resident of the county in which the individual is seeking office and
either has been a resident of that county for at least one year before the date of
the election or was appointed and is currently serving as county attorney and
became a resident of the county within 30 calendar days after appointment to
the office.
(ii)
An individual filing a declaration of candidacy for the office of county attorney
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of county attorney described in Subsection
(3)(b)(i)
,
prior to taking office.
(iii)
In addition to the requirements described in Subsection
(3)(b)(ii)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(c)
(i)
Before accepting a declaration of candidacy for the office of district attorney,
the county clerk shall ensure that, as of the date of the election, the individual
filing that declaration of candidacy is:
(A)
a United States citizen;
(B)
an attorney licensed to practice law in the state who is an active member in
good standing of the Utah State Bar;
(C)
a registered voter in the prosecution district in which the individual is seeking
office; and
(D)
a current resident of the prosecution district in which the individual is seeking
office and either will have been a resident of that prosecution district for at
least one year before the date of the election or was appointed and is currently
serving as district attorney or county attorney and became a resident of the
prosecution district within 30 calendar days after receiving appointment to the
office.
(ii)
An individual filing a declaration of candidacy for the office of district attorney
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of district attorney described in Subsection
(3)(c)(i)
,
prior to taking office.
(iii)
In addition to the requirements described in Subsection
(3)(c)(ii)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(d)
Before accepting a declaration of candidacy for the office of county sheriff, the
county clerk shall ensure that the individual filing the declaration:
(i)
is a United States citizen;
(ii)
is a registered voter in the county in which the individual seeks office;
(iii)
(A)
has successfully met the standards and training requirements established
for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer
Training and Certification Act; or
(B)
has met the waiver requirements in Section
53-6-206
;
(iv)
is qualified to be certified as a law enforcement officer, as defined in Section
53-13-103
; and
(v)
before the date of the election, will have been a resident of the county in which
the individual seeks office for at least one year.
(e)
(i)
An individual filing a declaration of candidacy for the office of attorney general
shall submit with the individual's declaration:
(A)
a letter from the Utah Supreme Court, affirming that the individual is an
attorney in good standing;
(B)
proof of the individual's application with the Utah State Bar, with an affidavit
describing the status of the individual's application; or
(C)
an affidavit describing how the individual intends to comply with the
requirements for office of attorney general, described in Article VII, Sec. 3,
Utah Constitution, prior to taking office.
(ii)
In addition to the requirements described in Subsection
(3)(e)(i)
, an individual
shall also provide the filing officer with the individual's license number with:
(A)
the Utah State Bar, if the individual is a member; or
(B)
any other state bar association, if the individual is a member.
(iii)
An individual filing the declaration of candidacy for the office of attorney
general shall also make the conflict of interest disclosure described in Section
20A-11-1603
.
(f)
Before accepting a declaration of candidacy for the office of governor, lieutenant
governor, state auditor, state treasurer, state legislator,
or
State Board of Education
member,
or local board of education member,
the filing officer shall ensure that the
individual filing the declaration of candidacy also makes the conflict of interest
disclosure described in Section
20A-11-1603
.
(4)
If an individual who files a declaration of candidacy does not meet the qualification
requirements for the office the individual is seeking, the filing officer may not accept the
individual's declaration of candidacy.
(5)
If an individual who files a declaration of candidacy meets the requirements described
in Subsection
(3)
, the filing officer shall:
(a)
inform the individual that:
(i)
subject to Section
20A-6-109
, the individual's name will appear on the ballot as
the individual's name is written on the individual's declaration of candidacy;
(ii)
the individual may be required to comply with state or local campaign finance
disclosure laws; and
(iii)
the individual is required to file a financial statement before the individual's
political convention under:
(A)
Section
20A-11-204
for a candidate for constitutional office;
(B)
Section
20A-11-303
for a candidate for the Legislature;
or
(C)
Section
20A-9-1301
for a school board office candidate; or
(C)
(D)
local campaign finance disclosure laws, if applicable;
(b)
except for a presidential candidate, provide the individual with a copy of the current
campaign financial disclosure laws for the office the individual is seeking and inform
the individual that failure to comply will result in disqualification as a candidate and
removal of the individual's name from the ballot;
(c)
(i)
provide the individual with a copy of Section
20A-7-801
regarding the
Statewide Electronic Voter Information Website Program and inform the
individual of the submission deadline under Subsection
20A-7-801(4)(a)
;
(ii)
inform the individual that the individual must provide the filing officer with an
email address that the individual actively monitors:
(A)
to receive a communication from a filing officer or an election officer; and
(B)
if the individual wishes to display a candidate profile on the Statewide
Electronic Voter Information Website, to submit to the website the
biographical and other information described in Subsection
20A-7-801(4)(a)(ii)
;
(iii)
inform the individual that the email address described in Subsection
(5)(c)(ii)
is
not a record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(iv)
obtain from the individual the email address described in Subsection
(5)(c)(ii)
;
(d)
provide the candidate with a copy of the pledge of fair campaign practices described
under Section
20A-9-206
and inform the candidate that:
(i)
signing the pledge is voluntary; and
(ii)
signed pledges shall be filed with the filing officer;
(e)
accept the individual's declaration of candidacy; and
(f)
if the individual has filed for a partisan office, provide a certified copy of the
declaration of candidacy to the chair of the county or state political party of which the
individual is a member.
(6)
If the candidate elects to sign the pledge of fair campaign practices, the filing officer
shall:
(a)
accept the candidate's pledge; and
(b)
if the candidate has filed for a partisan office, provide a certified copy of the
candidate's pledge to the chair of the county or state political party of which the
candidate is a member.
(7)
(a)
Except for a candidate for president or vice president of the United States, the
form of the declaration of candidacy shall:
(i)
be substantially as follows:
"State of Utah, County of ____
I, ______________, declare my candidacy for the office of ____, seeking the
nomination of the ____ party. I do solemnly swear, under penalty of perjury, that: I will meet
the qualifications to hold the office, both legally and constitutionally, if selected; I reside at
_____________ in the City or Town of ____, Utah, Zip Code ____ Phone No. ____; I will not
knowingly violate any law governing campaigns and elections; if filing via a designated agent,
I will be out of the state of Utah during the entire candidate filing period; I will file all
campaign financial disclosure reports as required by law; and I understand that failure to do so
will result in my disqualification as a candidate for this office and removal of my name from
the ballot. The mailing address that I designate for receiving official election notices is
___________________________.
____________________________________________________________________
Subscribed and sworn before me this __________(month\day\year).
Notary Public (or other officer qualified to administer oath)."; and
(ii)
require the candidate to state, in the sworn statement described in Subsection
(7)(a)(i)
:
(A)
the registered political party of which the candidate is a member; or
(B)
that the candidate is not a member of a registered political party.
(b)
An agent designated under Subsection
20A-9-202(1)(c)
to file a declaration of
candidacy may not sign the form described in Subsection
(7)(a)
or Section
20A-9-408.5
.
(8)
(a)
Except for a candidate for president or vice president of the United States, the fee
for filing a declaration of candidacy is:
(i)
$50 for
candidates for the
a
local school district board
office candidate
; and
(ii)
$50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b)
Except for presidential candidates, the filing officer shall refund the filing fee to any
candidate:
(i)
who is disqualified; or
(ii)
who the filing officer determines has filed improperly.
(c)
(i)
The county clerk shall immediately pay to the county treasurer all fees received
from candidates.
(ii)
The lieutenant governor shall:
(A)
apportion to and pay to the county treasurers of the various counties all fees
received for filing of nomination certificates or acceptances; and
(B)
ensure that each county receives that proportion of the total amount paid to the
lieutenant governor from the congressional district that the total vote of that
county for all candidates for representative in Congress bears to the total vote
of all counties within the congressional district for all candidates for
representative in Congress.
(d)
(i)
A person who is unable to pay the filing fee may file a declaration of candidacy
without payment of the filing fee upon a prima facie showing of impecuniosity as
evidenced by an affidavit of impecuniosity filed with the filing officer and, if
requested by the filing officer, a financial statement filed at the time the affidavit
is submitted.
(ii)
A person who is able to pay the filing fee may not claim impecuniosity.
(iii)
(A)
False statements made on an affidavit of impecuniosity or a financial
statement filed under this section shall be subject to the criminal penalties
provided under Sections
76-8-503
and
76-8-504
and any other applicable
criminal provision.
(B)
Conviction of a criminal offense under Subsection
(8)(d)(iii)(A)
shall be
considered an offense under this title for the purposes of assessing the penalties
provided in Subsection
20A-1-609(2)
.
(iv)
The filing officer shall ensure that the affidavit of impecuniosity is printed in substantially
the following form:
"Affidavit of Impecuniosity
Individual Name
____________________________Address_____________________________
Phone Number _________________
I,__________________________(name), do solemnly [swear] [affirm], under penalty of
law for false statements, that, owing to my poverty, I am unable to pay the filing fee required
by law.
Date ______________
Signature________________________________________________ Affiant
Subscribed and sworn to before me on ___________ (month\day\year)
______________________
(signature)
Name and Title of Officer Authorized to Administer Oath
______________________".
(v)
The filing officer shall provide to a person who requests an affidavit of impecuniosity a
statement printed in substantially the following form, which may be included on the affidavit
of impecuniosity:
"Filing a false statement is a criminal offense. In accordance with Section
20A-1-609
, a
candidate who is found guilty of filing a false statement, in addition to being subject to
criminal penalties, will be removed from the ballot."
(vi)
The filing officer may request that a person who makes a claim of impecuniosity
under this Subsection
(8)(d)
file a financial statement on a form prepared by the
election official.
(9)
An individual who fails to file a declaration of candidacy or certificate of nomination
within the time provided in this chapter is ineligible for nomination to office.
(10)
A declaration of candidacy filed under this section may not be amended or modified
after the final date established for filing a declaration of candidacy.
Section 10. Section
20A-9-403
is amended to read:
20A-9-403
. Regular primary elections.
(1)
(a)
Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people
in the manner prescribed in this section.
(b)
The regular primary election is held on the date
specified
described
in Section
20A-1-201.5
.
Nothing in this
(c)
This
section
shall
does not
affect a candidate's ability to qualify for a regular general
election's ballot as an unaffiliated candidate under Section
20A-9-501
or to
participate in a regular general election as a write-in candidate under Section
20A-9-601
.
(b)
(d)
Each registered political party that chooses to have the names of the registered
political party's candidates for elective office featured with party affiliation on the
ballot at a regular general election shall comply with the requirements of this section
and shall nominate the registered political party's candidates for elective office in the
manner described in this section.
(c)
(e)
A filing officer may not permit an official ballot at a regular general election to
be produced or used if the ballot denotes affiliation between a registered political
party or any other political group and a candidate for elective office who is not
nominated in the manner prescribed in this section or in Subsection
20A-9-202(4)
.
(d)
(f)
Unless noted otherwise, the dates in this section refer to those that occur in each
even-numbered year in which a regular general election will be held.
(2)
(a)
Each registered political party, in a statement filed with the lieutenant governor,
shall:
(i)
either declare the registered political party's intent to participate in the next regular
primary election or declare that the registered political party chooses not to have
the names of the registered political party's candidates for elective office featured
on the ballot at the next regular general election; and
(ii)
if the registered political party participates in the upcoming regular primary
election, identify one or more registered political parties whose members may
vote for the registered political party's candidates and whether individuals
identified as unaffiliated with a political party may vote for the registered political
party's candidates.
(b)
(i)
A registered political party that is a continuing political party shall file the
statement described in Subsection
(2)(a)
with the lieutenant governor no later than
5 p.m. on November 30 of each odd-numbered year.
(ii)
An organization that is seeking to become a registered political party under
Section
20A-8-103
shall file the statement described in Subsection
(2)(a)
at the
time that the registered political party files the petition described in Section
20A-8-103
.
(3)
(a)
Except as provided in Subsection
(3)(e)
, an individual who submits a declaration
of candidacy under Section
20A-9-202
shall appear as a candidate for elective office
on the regular primary ballot of the registered political party listed on the declaration
of candidacy only if the individual is certified by the appropriate filing officer as
having submitted a nomination petition that was:
(i)
circulated and completed in accordance with Section
20A-9-405
; and
(ii)
signed by at least 2% of the registered political party's members who reside in the
political division of the office that the individual seeks.
(b)
(i)
A candidate for elective office shall, in accordance with Section
20A-9-408.3
,
submit signatures for a nomination petition to the appropriate filing officer for
verification and certification no later than 5 p.m. on March 31.
(ii)
A candidate may supplement the candidate's submissions at any time on or before
the filing deadline.
(c)
(i)
The lieutenant governor shall determine for each elective office the total
number of signatures that must be submitted under Subsection
(3)(a)(ii)
or
20A-9-408(8)
by counting the aggregate number of individuals residing in each
elective office's political division who have designated a particular registered
political party on the individuals' voter registration forms on or before November
15 of each odd-numbered year.
(ii)
The lieutenant governor shall publish the determination for each elective office
no later than November 30 of each odd-numbered year.
(d)
The filing officer shall:
(i)
except as otherwise provided in Section
20A-21-201
, and in accordance with
Section
20A-9-408.3
, verify signatures on nomination petitions in a transparent
and orderly manner, no later than 14 calendar days after the day on which a
candidate submits the signatures to the filing officer;
(ii)
for all qualifying candidates for elective office who submit nomination petitions
to the filing officer, issue certifications referenced in Subsection
(3)(a)
no later
than the deadline described in Subsection
20A-9-202(1)(b)
;
(iii)
consider active and inactive voters eligible to sign nomination petitions;
(iv)
consider an individual who signs a nomination petition a member of a registered
political party for purposes of Subsection
(3)(a)(ii)
if the individual has designated
that registered political party as the individual's party membership on the
individual's voter registration form; and
(v)
except as otherwise provided in Section
20A-21-201
and with the assistance of
the county clerk as applicable, use the procedures described in Section
20A-1-1002

to verify submitted nomination petition signatures, or use statistical sampling
procedures to verify submitted nomination petition signatures in accordance with
rules made under Subsection
(3)(f)
.
(e)
Notwithstanding any other provision in this Subsection
(3)
, a candidate for lieutenant
governor may appear on the regular primary ballot of a registered political party
without submitting nomination petitions if the candidate files a declaration of
candidacy and complies with Subsection
20A-9-202(3)
.
(f)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director of elections, within the Office of the Lieutenant Governor, may make rules
that:
(i)
provide for the use of statistical sampling procedures that:
(A)
filing officers are required to use to verify signatures under Subsection
(3)(d)
;
and
(B)
reflect a bona fide effort to determine the validity of a candidate's entire
submission, using widely recognized statistical sampling techniques; and
(ii)
provide for the transparent, orderly, and timely submission, verification, and
certification of nomination petition signatures.
(g)
The county clerk shall:
(i)
review the declarations of candidacy filed by candidates for local boards of
education to determine if more than two candidates have filed for the same seat;
(ii)
place the names of all candidates who have filed a declaration of candidacy for a
local board of education seat on the nonpartisan section of the ballot if more than
two candidates have filed for the same seat; and
(iii)
place the local board of education candidates' names on the ballot in accordance
with Sections
20A-6-109
and
20A-6-110
.
(4)
(a)
Before the deadline described in Subsection
20A-9-409(4)(c)
, the lieutenant
governor shall provide to the county clerks:
(i)
a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications under Subsection
(3)
,
along with instructions on how those names shall appear on the primary election
ballot in accordance with Sections
20A-6-109
and
20A-6-110
; and
(ii)
a list of unopposed candidates for elective office who have been nominated by a
registered political party under Subsection
(5)(c)
and instruct the county clerks to
exclude the unopposed candidates from the primary election ballot.
(b)
A candidate for lieutenant governor and a candidate for governor campaigning as
joint-ticket running mates shall appear jointly on the primary election ballot.
(c)
After the county clerk receives the certified list from the lieutenant governor under
Subsection
(4)(a)
, the county clerk shall post or publish a primary election notice in
substantially the following form:
"Notice is given that a primary election will be held Tuesday, June ____,
________(year), to nominate party candidates for the parties
and candidates for nonpartisan
,
including candidates for
local school board positions listed on the primary ballot. The polling
place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open until 8
p.m. of the same day. Attest: county clerk."
(5)
(a)
A candidate who, at the regular primary election, receives the highest number of
votes cast for the office sought by the candidate is
:

(i)
nominated for that office by the candidate's registered political party
; or
.
(ii)
for a nonpartisan local school board position, nominated for that office.
(b)
If two or more candidates are to be elected to the office at the regular general
election, those party candidates equal in number to positions to be filled who receive
the highest number of votes at the regular primary election are the nominees of the
candidates' party for those positions.
(c)
(i)
As used in this Subsection
(5)(c)
, a candidate is "unopposed" if:
(A)
no individual other than the candidate receives a certification under
Subsection
(3)
for the regular primary election ballot of the candidate's
registered political party for a particular elective office; or
(B)
for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification under Subsection
(3)
for the
regular primary election of the candidate's registered political party does not
exceed the total number of candidates to be elected or nominated for that office.
(ii)
A candidate who is unopposed for an elective office in the regular primary
election of a registered political party is nominated by the party for that office
without appearing on the primary election ballot.
(6)
The expense of providing all ballots, blanks, or other supplies to be used at any primary
election provided for by this section, and all expenses necessarily incurred in the
preparation for or the conduct of that primary election shall be paid out of the treasury of
the county or state, in the same manner as for the regular general elections.
(7)
An individual may not file a declaration of candidacy for a registered political party of
which the individual is not a member, except to the extent that the registered political
party permits otherwise under the registered political party's bylaws.
Section 11. Section
20A-9-408
is amended to read:
20A-9-408
. Signature-gathering process to seek the nomination of a qualified
political party -- Removal of signature.
(1)
This section describes the requirements for a member of a qualified political party who
is seeking the nomination of the qualified political party for an elective office through
the signature-gathering process described in this section.
(2)
Notwithstanding Subsection
20A-9-201(7)(a)
, the form of the declaration of candidacy
for a member of a qualified political party who is nominated by, or who is seeking the
nomination of, the qualified political party under this section shall be substantially as
described in Section
20A-9-408.5
.
(3)
Notwithstanding Subsection
20A-9-202(1)(a)
, and except as provided in Subsection
20A-9-202(4)
, a member of a qualified political party who, under this section, is seeking
the nomination of the qualified political party for an elective office that is to be filled at
the next general election shall:
(a)
except to the extent otherwise provided in Subsection
(13)(a)
, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, and before
gathering signatures under this section, file with the filing officer on a form approved
by the lieutenant governor a notice of intent to gather signatures for candidacy that
includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the applicable declaration of candidacy filing
period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(4)
Notwithstanding Subsection
20A-9-202(2)(a)
, a member of a qualified political party
who, under this section, is seeking the nomination of the qualified political party for the
office of district attorney within a multicounty prosecution district that is to be filled at
the next general election shall:
(a)
during the applicable declaration of candidacy filing period described in Section
20A-9-201.5
, and before gathering signatures under this section, file with the filing
officer on a form approved by the lieutenant governor a notice of intent to gather
signatures for candidacy that includes:
(i)
the name of the member who will attempt to become a candidate for a registered
political party under this section;
(ii)
the name of the registered political party for which the member is seeking
nomination;
(iii)
the office for which the member is seeking to become a candidate;
(iv)
the address and telephone number of the member; and
(v)
other information required by the lieutenant governor;
(b)
except as provided in Subsection
20A-9-202(1)(c)
, file a declaration of candidacy, in
person, with the filing officer during the applicable declaration of candidacy filing
period described in Section
20A-9-201.5
; and
(c)
pay the filing fee.
(5)
Notwithstanding Subsection
20A-9-202(3)(a)(iii)
, a lieutenant governor candidate who
files as the joint-ticket running mate of an individual who is nominated by a qualified
political party, under this section, for the office of governor shall, during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
, file a
declaration of candidacy and submit a letter from the candidate for governor that names
the lieutenant governor candidate as a joint-ticket running mate.
(6)
The lieutenant governor shall ensure that the certification described in Subsection
20A-9-701(1)
also includes the name of each candidate nominated by a qualified
political party under this section.
(7)
Notwithstanding Subsection
20A-9-701(2)
, the ballot shall, for each candidate who is
nominated by a qualified political party under this section, designate the qualified
political party that nominated the candidate.
(8)
A member of a qualified political party may seek the nomination of the qualified
political party for an elective office by:
(a)
complying with the requirements described in this section; and
(b)
collecting signatures, on a form approved by the lieutenant governor that complies
with Subsection
20A-9-405(3)
, during the period beginning on the day on which the
member files a notice of intent to gather signatures and ending at the applicable
deadline described in Subsection
(12)
, in the following amounts:
(i)
for a statewide race, 28,000 signatures of registered voters in the state who are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election;
(ii)
except as provided in Subsection
(13)(b)
, for a congressional district race, 7,000
signatures of registered voters who are residents of the congressional district and
are permitted by the qualified political party to vote for the qualified political
party's candidates in a primary election;
(iii)
for a state Senate district race, 2,000 signatures of registered voters who are
residents of the state Senate district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(iv)
for a state House district race, 1,000 signatures of registered voters who are
residents of the state House district and are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election;
(v)
for a State Board of Education race, the lesser of:
(A)
2,000 signatures of registered voters who are residents of the State Board of
Education district and are permitted by the qualified political party to vote for
the qualified political party's candidates in a primary election; or
(B)
3% of the registered voters of the qualified political party who are residents of
the applicable State Board of Education district;
and
(vi)
for a county office race, signatures of 3% of the registered voters who are
residents of the area permitted to vote for the county office and are permitted by
the qualified political party to vote for the qualified political party's candidates in
a primary election
.
; and
(vii)
for a local school board race, signatures of 2% of the registered voters who are
residents of the area permitted to vote for the local school board office and are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election.
(9)
(a)
This Subsection
(9)
applies only to the manual candidate qualification process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, using
the manual candidate qualification process, the member shall:
(i)
collect the signatures on a form approved by the lieutenant governor, using the
same circulation and verification requirements described in Sections
20A-7-105

and
20A-7-204
; and
(ii)
in accordance with Section
20A-9-408.3
, submit the signatures to the election
officer before the applicable deadline described in Subsection
(12)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, and in
accordance with Section
20A-9-408.3
, the election officer shall, no later than the
earlier of 14 calendar days after the day on which the election officer receives the
signatures, or one day before the day on which the qualified political party holds the
convention to select a nominee for the elective office to which the signature packets
relate:
(i)
check the name of each individual who completes the verification for a signature
packet to determine whether each individual is at least 18 years old;
(ii)
submit the name of each individual described in Subsection
(9)(c)(i)
who is not at
least 18 years old to the attorney general and the county attorney;
(iii)
with the assistance of the county clerk as applicable, determine whether each
signer is a registered voter who is qualified to sign the petition, using the same
method, described in Section
20A-1-1002
, used to verify a signature on a petition;
and
(iv)
certify whether each name is that of a registered voter who is qualified to sign the
signature packet.
(d)
(i)
A registered voter who physically signs a form under Subsections
(8)
and
(9)(b)

may have the voter's signature removed from the form by, no later than 5 p.m.
three business days after the day on which the member submits the signature form
to the election officer, submitting to the election officer a statement requesting
that the voter's signature be removed.
(ii)
A statement described in Subsection
(9)(d)(i)
shall comply with the requirements
described in Subsection
20A-1-1003(2)
.
(iii)
With the assistance of the county clerk as applicable, the election officer shall
use the procedures described in Subsection
20A-1-1003(3)
to determine whether
to remove an individual's signature after receiving a timely, valid statement
requesting removal of the signature.
(e)
(i)
An election officer shall, in accordance with this Subsection
(9)(e)
and rules
made under Section
20A-3a-106
, conduct regular audits of signature comparisons
made between signatures gathered under this section and voter signatures
maintained by the election officer.
(ii)
An individual who conducts an audit of signature comparisons under this section
may not audit the individual's own work.
(iii)
The election officer shall:
(A)
audit 1% of all signature comparisons described in Subsection
(9)(e)(i)
to
determine the accuracy of the comparisons made;
(B)
record the individuals who conducted the audit;
(C)
record the audit results;
(D)
provide additional training or staff reassignments, as needed, based on the
results of an audit described in Subsection
(9)(e)(i)
; and
(E)
record any remedial action taken.
(iv)
The audit results described in Subsection
(9)(e)(iii)(C)
are a public record.
(f)
An election officer who certifies signatures under Subsection
(9)(c)
or
20A-9-403(3)(d)
shall, after certifying enough signatures to establish that a candidate
has reached the applicable signature threshold described in Subsection
(8)
or
20A-9-403(3)(a)
, as applicable, continue to certify signatures submitted for the
candidate in excess of the number of signatures required, until the election officer
either:
(i)
certifies signatures equal to 110% of the applicable signature threshold; or
(ii)
has reviewed all signatures submitted for the candidate before reaching an
amount equal to 110% of the applicable signature threshold.
(10)
(a)
This Subsection
(10)
applies only to the electronic candidate qualification
process.
(b)
In order for a member of the qualified political party to qualify as a candidate for the
qualified political party's nomination for an elective office under this section, the
member shall, before the deadline described in Subsection
(12)
, collect signatures
electronically:
(i)
in accordance with Section
20A-21-201
; and
(ii)
using progressive screens, in a format approved by the lieutenant governor, that
complies with Subsection
20A-9-405(4)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, the
election officer shall, no later than the earlier of 14 calendar days after the day on
which the election officer receives the signatures, or one day before the day on which
the qualified political party holds the convention to select a nominee for the elective
office to which the signature packets relate:
(i)
check the name of each individual who completes the verification for a signature
to determine whether each individual is at least 18 years old; and
(ii)
submit the name of each individual described in Subsection
(10)(c)(i)
who is not
at least 18 years old to the attorney general and the county attorney.
(11)
(a)
An individual may not gather signatures under this section until after the
individual files a notice of intent to gather signatures for candidacy described in this
section.
(b)
An individual who files a notice of intent to gather signatures for candidacy,
described in Subsection
(3)(a)
or
(4)(a)
, is, beginning on the day on which the
individual files the notice of intent to gather signatures for candidacy:
(i)
required to comply with the reporting requirements that a candidate for office is
required to comply with; and
(ii)
subject to the same enforcement provisions, and civil and criminal penalties, that
apply to a candidate for office in relation to the reporting requirements described
in Subsection
(11)(b)(i)
.
(c)
Upon timely receipt of the signatures described in Subsections
(8)
and
(9)(b)
, or
Subsections
(8)
and
(10)(b)
, the election officer shall, no later than the day before the
day on which the qualified political party holds the convention to select a nominee
for the elective office to which the signature packets relate, notify the qualified
political party and the lieutenant governor of the name of each member of the
qualified political party who qualifies as a nominee of the qualified political party,
under this section, for the elective office to which the convention relates.
(d)
Upon receipt of a notice of intent to gather signatures for candidacy described in this
section, the lieutenant governor shall post the notice of intent to gather signatures for
candidacy on the lieutenant governor's website in the same location that the
lieutenant governor posts a declaration of candidacy.
(12)
The deadline before which a member of a qualified political party must collect and
submit signatures to the election officer under this section is 5 p.m. on the last business
day that is at least 14 calendar days before the day on which the qualified political
party's convention for the office begins.
(13)
For the 2026 election year only, an individual who desires to gather signatures to seek
the nomination of a qualified political party for the office of United States representative
shall:
(a)
in accordance with Subsection
(3)(a)
, file a notice of intent to gather signatures
during the period beginning at 8 a.m. on the first business day of January and ending
at 5 p.m. on March 13, 2026; and
(b)
during the period beginning on the day on which the individual files the notice of
intent to gather signatures and ending at 5 p.m. on March 13, 2026, on a form
approved by the lieutenant governor that complies with Subsection
20A-9-405(3)
,
collect 7,000 signatures of registered voters who are residents of the state and are
permitted by the qualified political party to vote for the qualified political party's
candidates in a primary election.
Section 12. Section
20A-11-101
is amended to read:
20A-11-101
. Definitions.
As used in this chapter:
(1)
(a)
"Address" means the number and street where an individual resides or where a
reporting entity has its principal office.
(b)
"Address" does not include a post office box.
(2)
"Agent of a reporting entity" means:
(a)
a person acting on behalf of a reporting entity at the direction of the reporting entity;
(b)
a person employed by a reporting entity in the reporting entity's capacity as a
reporting entity;
(c)
the personal campaign committee of a candidate or officeholder;
(d)
a member of the personal campaign committee of a candidate or officeholder in the
member's capacity as a member of the personal campaign committee of the candidate
or officeholder; or
(e)
a political consultant of a reporting entity.
(3)
"Ballot proposition" includes initiatives, referenda, proposed constitutional
amendments, and any other ballot propositions submitted to the voters that are
authorized by the Utah Code Annotated 1953.
(4)
"Candidate" means
any person
an individual
who:
(a)
files a declaration of candidacy for a public office; or
(b)
receives contributions, makes expenditures, or gives consent for
any other
a
person
to receive contributions or make expenditures to bring about the
person's
individual's

nomination
, appointment,
or election to a public office.
(5)
"Chief election officer" means
:

(a)
the lieutenant governor
for state office candidates, legislative office candidates,
officeholders, political parties, political action committees, corporations, political
issues committees, state school board candidates, judges, and labor organizations, as
defined in Section
20A-11-1501
; and
(b)
the county clerk for local school board candidates
.
(6)
(a)
"Contribution" means any of the following when done for political purposes:
(i)
a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to the filing entity;
(ii)
an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
money or anything of value to the filing entity;
(iii)
any transfer of funds from another reporting entity to the filing entity;
(iv)
compensation paid by any person or reporting entity other than the filing entity
for personal services provided without charge to the filing entity;
(v)
remuneration from:
(A)
any organization or its directly affiliated organization that has a registered
lobbyist; or
(B)
any agency or subdivision of the state, including school districts;
(vi)
a loan made by a candidate deposited to the candidate's own campaign; and
(vii)
in-kind contributions.
(b)
"Contribution" does not include:
(i)
services provided by individuals volunteering a portion or all of their time on
behalf of the filing entity if the services are provided without compensation by the
filing entity or any other person;
(ii)
money lent to the filing entity by a financial institution in the ordinary course of
business;
(iii)
goods or services provided for the benefit of a political entity at less than fair
market value that are not authorized by or coordinated with the political entity; or
(iv)
data or information described in Subsection
(24)(b)
.
(7)
"Coordinated with" means that goods or services provided for the benefit of a political
entity are provided:
(a)
with the political entity's prior knowledge, if the political entity does not object;
(b)
by agreement with the political entity;
(c)
in coordination with the political entity; or
(d)
using official logos, slogans, and similar elements belonging to a political entity.
(8)
(a)
"Corporation" means a domestic or foreign, profit or nonprofit, business
organization that is registered as a corporation or is authorized to do business in a
state and makes any expenditure from corporate funds for:
(i)
the purpose of expressly advocating for political purposes; or
(ii)
the purpose of expressly advocating the approval or the defeat of any ballot
proposition.
(b)
"Corporation" does not mean:
(i)
a business organization's political action committee or political issues committee;
or
(ii)
a business entity organized as a partnership or a sole proprietorship.
(9)
"County political party" means, for each registered political party, all of the persons
within a single county who, under definitions established by the political party, are
members of the registered political party.
(10)
"County political party officer" means a person whose name is required to be
submitted by a county political party to the lieutenant governor in accordance with
Section
20A-8-402
.
(11)
"Detailed listing" means:
(a)
for each contribution or public service assistance:
(i)
the name and address of the individual or source making the contribution or public
service assistance, except to the extent that the name or address of the individual
or source is unknown;
(ii)
the amount or value of the contribution or public service assistance; and
(iii)
the date the contribution or public service assistance was made; and
(b)
for each expenditure:
(i)
the amount of the expenditure;
(ii)
the goods or services acquired by the expenditure; and
(iii)
the date the expenditure was made.
(12)
(a)
"Donor" means a person that gives money, including a fee, due, or assessment
for membership in the corporation, to a corporation without receiving full and
adequate consideration for the money.
(b)
"Donor" does not include a person that signs a statement that the corporation may not
use the money for an expenditure or political issues expenditure.
(13)
"Election" means each:
(a)
regular general election;
(b)
regular primary election; and
(c)
special election at which candidates are eliminated and selected.
(14)
"Electioneering communication" means a communication that:
(a)
has at least a value of $10,000;
(b)
clearly identifies a candidate or judge; and
(c)
is disseminated through the Internet, newspaper, magazine, outdoor advertising
facility, direct mailing, broadcast, cable, or satellite provider within 45 calendar days
before the clearly identified candidate's or judge's election date.
(15)
(a)
"Expenditure" means any of the following made by a reporting entity or an agent
of a reporting entity on behalf of the reporting entity:
(i)
any disbursement from contributions, receipts, or from the separate bank account
required by this chapter;
(ii)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(iii)
an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value for political purposes;
(iv)
compensation paid by a filing entity for personal services rendered by a person
without charge to a reporting entity;
(v)
a transfer of funds between the filing entity and a candidate's personal campaign
committee;
(vi)
goods or services provided by the filing entity to or for the benefit of another
reporting entity for political purposes at less than fair market value; or
(vii)
an independent expenditure, as defined in Section
20A-11-1702
.
(b)
"Expenditure" does not include:
(i)
services provided without compensation by individuals volunteering a portion or
all of their time on behalf of a reporting entity;
(ii)
money lent to a reporting entity by a financial institution in the ordinary course of
business; or
(iii)
anything listed in Subsection
(15)(a)
that is given by a reporting entity to
candidates for office or officeholders in states other than Utah.
(16)
"Federal office" means the office of president of the United States, United States
Senator, or United States Representative.
(17)
"Filing entity" means the reporting entity that is required to file a financial statement
required
by
under
this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(18)
"Financial statement" includes any summary report, interim report, verified financial
statement, or other statement disclosing contributions, expenditures, receipts, donations,
or disbursements that is required
by
under
this chapter or Chapter 12, Part 2, Judicial
Retention Elections.
(19)
"Governing board" means the individual or group of individuals that determine the
candidates and committees that will receive expenditures from a political action
committee, political party, or corporation.
(20)
"Incorporation" means the process established by Title 10, Chapter 2a, Municipal
Incorporation, by which a geographical area becomes legally recognized as a city or
town.
(21)
"Incorporation election" means the election conducted under Section
10-2a-210
.
(22)
"Incorporation petition" means a petition described in Section
10-2a-208
.
(23)
"Individual" means a natural person.
(24)
(a)
"In-kind contribution" means anything of value, other than money, that is
accepted by or coordinated with a filing entity.
(b)
"In-kind contribution" does not include survey results, voter lists, voter contact
information, demographic data, voting trend data, or other information that:
(i)
is not commissioned for the benefit of a particular candidate or officeholder; and
(ii)
is offered at no cost to a candidate or officeholder.
(25)
"Interim report" means a report identifying the contributions received and expenditures
made since the last report.
(26)
"Legislative office" means the office of state senator, state representative, speaker of
the House of Representatives, president of the Senate, and the leader, whip, and assistant
whip of any party caucus in either house of the Legislature.
(27)
"Legislative office candidate" means a person who:
(a)
files a declaration of candidacy for the office of state senator or state representative;
(b)
declares oneself to be a candidate for, or actively campaigns for, the position of
speaker of the House of Representatives, president of the Senate, or the leader, whip,
and assistant whip of any party caucus in either house of the Legislature; or
(c)
receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination,
election, or appointment to a legislative office.
(28)
"Loan" means any of the following provided by a person that benefits a filing entity if
the person expects repayment or reimbursement:
(a)
an expenditure made using any form of payment;
(b)
money or funds received by the filing entity;
(c)
the provision of a good or service with an agreement or understanding that payment
or reimbursement will be delayed; or
(d)
use of any line of credit.
(29)
"Major political party" means either of the two registered political parties that have the
greatest number of members elected to the two houses of the Legislature.
(30)
"Officeholder" means
a person
an individual
who holds a public office.
(31)
"Party committee" means any committee organized by or authorized by the governing
board of a registered political party.
(32)
"Person" means both natural and legal persons, including individuals, business
organizations, personal campaign committees, party committees, political action
committees, political issues committees, and labor organizations, as defined in Section
20A-11-1501
.
(33)
"Personal campaign committee" means the committee appointed by a candidate to act
for the candidate as provided in this chapter.
(34)
"Personal use expenditure" has the same meaning as provided under Section
20A-11-104
.
(35)
(a)
"Political action committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i)
solicit or receive contributions from any other person, group, or entity for political
purposes; or
(ii)
make expenditures to expressly advocate for any person to refrain from voting or
to vote for or against any candidate or person seeking election to a municipal or
county office.
(b)
"Political action committee" includes
groups
a group
affiliated with a registered
political party but not authorized or organized by the governing board of the
registered political party that receive contributions or makes expenditures for
political purposes.
(c)
"Political action committee" does not
mean
include
:
(i)
a party committee;
(ii)
any entity that provides goods or services to a candidate or committee in the
regular course of its business at the same price that would be provided to the
general public;
(iii)
an individual;
(iv)
individuals who are related and who make contributions from a joint checking
account;
(v)
a corporation, except a corporation a major purpose of which is to act as a
political action committee; or
(vi)
a personal campaign committee.
(36)
(a)
"Political consultant" means a person who is paid by a reporting entity, or paid
by another person on behalf of and with the knowledge of the reporting entity, to
provide political advice to the reporting entity.
(b)
"Political consultant" includes a circumstance described in Subsection
(36)(a)
, where
the person:
(i)
has already been paid, with money or other consideration;
(ii)
expects to be paid in the future, with money or other consideration; or
(iii)
understands that the person may, in the discretion of the reporting entity or
another person on behalf of and with the knowledge of the reporting entity, be
paid in the future, with money or other consideration.
(37)
"Political convention" means a county or state political convention held by a registered
political party to select candidates.
(38)
"Political entity" means a candidate, a political party, a political action committee, or a
political issues committee.
(39)
(a)
"Political issues committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i)
solicit or receive donations from any other person, group, or entity to assist in
placing a ballot proposition on the ballot, assist in keeping a ballot proposition off
the ballot, or to advocate that a voter refrain from voting or vote for or vote
against any ballot proposition;
(ii)
make expenditures to expressly advocate for any person to sign or refuse to sign a
ballot proposition or incorporation petition or refrain from voting, vote for, or vote
against any proposed ballot proposition or an incorporation in an incorporation
election; or
(iii)
make expenditures to assist in qualifying or placing a ballot proposition on the
ballot or to assist in keeping a ballot proposition off the ballot.
(b)
"Political issues committee" does not
mean
include
:
(i)
a registered political party or a party committee;
(ii)
any entity that provides goods or services to an individual or committee in the
regular course of its business at the same price that would be provided to the
general public;
(iii)
an individual;
(iv)
individuals who are related and who make contributions from a joint checking
account;
(v)
a corporation, except a corporation a major purpose of which is to act as a
political issues committee; or
(vi)
a group of individuals who:
(A)
associate together for the purpose of challenging or supporting a single ballot
proposition, ordinance, or other governmental action by a county, city, town,
special district, special service district, or other local political subdivision of
the state;
(B)
have a common liberty, property, or financial interest that is directly impacted
by the ballot proposition, ordinance, or other governmental action;
(C)
do not associate together, for the purpose described in Subsection
(39)(b)(vi)(A)
, via a legal entity;
(D)
do not receive funds for challenging or supporting the ballot proposition,
ordinance, or other governmental action from a person other than an individual
in the group; and
(E)
do not expend a total of more than $5,000 for the purpose described in
Subsection
(39)(b)(vi)(A)
.
(40)
(a)
"Political issues contribution" means any of the following:
(i)
a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money
or anything of value given to a political issues committee;
(ii)
an express, legally enforceable contract, promise, or agreement to make a
political issues donation to influence the approval or defeat of any ballot
proposition;
(iii)
any transfer of funds received by a political issues committee from a reporting
entity;
(iv)
compensation paid by another reporting entity for personal services rendered
without charge to a political issues committee; and
(v)
goods or services provided to or for the benefit of a political issues committee at
less than fair market value.
(b)
"Political issues contribution" does not include:
(i)
services provided without compensation by individuals volunteering a portion or
all of their time on behalf of a political issues committee; or
(ii)
money lent to a political issues committee by a financial institution in the
ordinary course of business.
(41)
(a)
"Political issues expenditure" means any of the following when made by a
political issues committee or on behalf of a political issues committee by an agent of
the reporting entity:
(i)
any payment from political issues contributions made for the purpose of
influencing the approval or the defeat of:
(A)
a ballot proposition; or
(B)
an incorporation petition or incorporation election;
(ii)
a purchase, payment, distribution, loan, advance, deposit, or gift of money made
for the express purpose of influencing the approval or the defeat of:
(A)
a ballot proposition; or
(B)
an incorporation petition or incorporation election;
(iii)
an express, legally enforceable contract, promise, or agreement to make any
political issues expenditure;
(iv)
compensation paid by a reporting entity for personal services rendered by a
person without charge to a political issues committee; or
(v)
goods or services provided to or for the benefit of another reporting entity at less
than fair market value.
(b)
"Political issues expenditure" does not include:
(i)
services provided without compensation by individuals volunteering a portion or
all of their time on behalf of a political issues committee; or
(ii)
money lent to a political issues committee by a financial institution in the
ordinary course of business.
(42)
"Political purposes" means an act done with the intent or in a way to influence or tend
to influence, directly or indirectly,
any person
an individual
to refrain from voting or to
vote for or against
any
:
(a)
a
candidate
or a person
;
(b)
an individual
seeking a municipal or county office at
any
a
caucus, political
convention, or election; or
(b)
(c)
a
judge standing for retention at any election.
(43)
(a)
"Poll" means the survey of a person regarding the person's opinion or knowledge
of an individual who has filed a declaration of candidacy for public office, or of a
ballot proposition that has legally qualified for placement on the ballot, which is
conducted in person or by telephone, facsimile, Internet, postal mail, or email.
(b)
"Poll" does not include:
(i)
a ballot; or
(ii)
an interview of a focus group that is conducted, in person, by one individual, if:
(A)
the focus group consists of more than three, and less than thirteen, individuals;
and
(B)
all individuals in the focus group are present during the interview.
(44)
"Primary election" means any regular primary election held under the election laws.
(45)
"Publicly identified class of individuals" means a group of 50 or more individuals
sharing a common occupation, interest, or association that contribute to a political action
committee or political issues committee and whose names can be obtained by contacting
the political action committee or political issues committee upon whose financial
statement the individuals are listed.
(46)
"Public office" means the office of governor, lieutenant governor, state auditor, state
treasurer, attorney general, state school board member, state senator, state representative,
speaker of the House of Representatives, president of the Senate, and the leader, whip,
and assistant whip of any party caucus in either house of the Legislature.
(46)
"Public office" means:
(a)
legislative office;
(b)
state school board office; or
(c)
statewide office.
(47)
(a)
"Public service assistance" means the following when given or provided to an
officeholder to defray the costs of functioning in a public office or aid the
officeholder to communicate with the officeholder's constituents:
(i)
a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit
of money or anything of value to an officeholder; or
(ii)
goods or services provided at less than fair market value to or for the benefit of
the officeholder.
(b)
"Public service assistance" does not include:
(i)
anything provided by the state;
(ii)
services provided without compensation by individuals volunteering a portion or
all of their time on behalf of an officeholder;
(iii)
money lent to an officeholder by a financial institution in the ordinary course of
business;
(iv)
news coverage or any publication by the news media; or
(v)
any article, story, or other coverage as part of any regular publication of any
organization unless substantially all the publication is devoted to information
about the officeholder.
(48)
"Receipts" means contributions and public service assistance.
(49)
"Registered lobbyist" means a person licensed under Title 36, Chapter 11, Lobbyist
Disclosure and Regulation Act.
(50)
"Registered political action committee" means any political action committee that is
required by this chapter to file a statement of organization with the Office of the
Lieutenant Governor.
(51)
"Registered political issues committee" means any political issues committee that is
required by this chapter to file a statement of organization with the Office of the
Lieutenant Governor.
(52)
"Registered political party" means an organization of voters that:
(a)
participated in the last regular general election and polled a total vote equal to 2% or
more of the total votes cast for all candidates for the United States House of
Representatives for any of its candidates for any office; or
(b)
has complied with the petition and organizing procedures of Chapter 8, Political
Party Formation and Procedures.
(53)
(a)
"Remuneration" means a payment:
(i)
made to a legislator for the period the Legislature is in session; and
(ii)
that is approximately equivalent to an amount a legislator would have earned
during the period the Legislature is in session in the legislator's ordinary course of
business.
(b)
"Remuneration" does not mean anything of economic value given to a legislator by:
(i)
the legislator's primary employer in the ordinary course of business; or
(ii)
a person or entity in the ordinary course of business:
(A)
because of the legislator's ownership interest in the entity; or
(B)
for services rendered by the legislator on behalf of the person or entity.
(54)
"Reporting entity" means a candidate, a candidate's personal campaign committee, a
judge, a judge's personal campaign committee, an officeholder, a party committee, a
political action committee, a political issues committee, a corporation, or a labor
organization, as defined in Section
20A-11-1501
.
(55)
"School board office" means the office of state school board.
(56)
(55)
(a)
"Source" means the person or entity that is the legal owner of the tangible
or intangible asset that comprises the contribution.
(b)
"Source" means, for political action committees and corporations, the political action
committee and the corporation as entities, not the contributors to the political action
committee or the owners or shareholders of the corporation.
(56)
"State school board office" means the office of state school board member.
(57)
"State school board office candidate" means an individual who:
(a)
files a declaration of candidacy for state school board office; or
(b)
receives contributions, makes expenditures, or gives consent for a person to receive
contributions or make expenditures to bring about the individual's nomination,
election, or appointment to state school board office.
(58)
"State school board officeholder" means an individual who holds a state school board
office.
(57)
(59)
"
State
Statewide
office" means the offices of governor, lieutenant governor,
attorney general, state auditor, and state treasurer.
(58)
(60)
"
State
Statewide
office candidate" means
a person
an individual
who:
(a)
files a declaration of candidacy for a state office; or
(b)
receives contributions, makes expenditures, or gives consent for
any other
a
person
to receive contributions or make expenditures to bring about the
person's
individual's

nomination, election, or appointment to a state office.
(59)
(61)
"Summary report" means the year end report containing the summary of a
reporting entity's contributions and expenditures.
(60)
(62)
"Supervisory board" means the individual or group of individuals that allocate
expenditures from a political issues committee.
Section 13. Section
20A-11-103
is amended to read:
20A-11-103
. Notice of pending interim and summary reports -- Form of
submission -- Public availability -- Notice of reporting and filing requirements.
(1)
(a)
Except as provided under Subsection
(1)(b)
, on the last business day that is at least
10 calendar days before an interim report or summary report is due under this chapter
or Chapter
12, Part 2
, Judicial Retention Elections, the chief election officer shall
inform the filing entity by electronic mail unless postal mail is requested:
(i)
that the financial statement is due;
(ii)
of the date that the financial statement is due; and
(iii)
of the penalty for failing to file the financial statement.
(b)
The chief election officer is not required to provide notice:
(i)
to a candidate or political party of the financial statement that is due before the
candidate's or political party's political convention;
(ii)
of a financial statement due in connection with a public hearing for an initiative
under the requirements of Section
20A-7-204.1
; or
(iii)
to a corporation or labor organization, as defined in Section
20A-11-1501
.
(2)
A filing entity shall electronically file a financial statement via electronic mail or the
Internet according to specifications established by the chief election officer.
(3)
(a)
A financial statement is considered timely filed if the financial statement is
received by the chief election officer's office before midnight
, Mountain Time,
at
the end of the day on which the financial statement is due.
(b)
For a county clerk's office that is not open until midnight at the end of the day on
which a financial statement is due, the county clerk shall permit a candidate to file
the financial statement via email or another electronic means designated by the
county clerk.
(c)
(b)
A
The
chief election officer may extend the time in which a filing entity is
required to file a financial statement if a filing entity notifies the chief election officer
of the existence of an extenuating circumstance that is outside the control of the filing
entity.
(4)
Notwithstanding any provision of Title
63G, Chapter 2
, Government Records Access
and Management Act, the lieutenant governor shall:
(a)
make each campaign finance statement filed by a candidate available for public
inspection and copying no later than one business day after the statement is filed; and
(b)
post on a website established by the lieutenant governor:
(i)
an electronic copy or the contents of each summary report or interim report filed
under the requirements of this chapter or Chapter
12, Part 2
, Judicial Retention
Elections, no later than three business days after the date on which the summary
report or interim report is electronically filed; or
(ii)
for a campaign finance statement filed under the requirements of Section
10-3-208
,
for a municipality, or Section
11-70-403
, for a county, a link to the municipal or
county website that hosts the campaign finance statement, no later than seven
business days after the date on which the lieutenant governor receives the link
from:
(A)
the municipal clerk or recorder, in accordance with Subsection
10-3-208(11)(b)(ii)
; or
(B)
the county clerk, in accordance with Subsection
17-70-403(21)(b)(ii)
.
(5)
The lieutenant governor shall provide, on the website described in Subsection
(4)(b)
, the
ability for an individual to search across disclosures made by all filing entities to identify
contributions or expenditures made by a specific person.
(6)
Between January 1 and January 15 of each year, the chief election officer shall provide
notice, by postal mail or email, to each filing entity for which the chief election officer
has a physical or email address, of the reporting and filing requirements described in this
chapter.
Section 14. Section
20A-11-201
is amended to read:
2. Statewide Office Candidates - Campaign Organization and Financial
Reporting Requirements
20A-11-201
. Statewide office -- Separate bank account for campaign funds -- No
personal use -- Statewide office candidate reporting deadline -- Report other accounts --
Anonymous contributions.
(1)
(a)
Each state
A statewide
office candidate or
the
a statewide
candidate's personal
campaign committee shall deposit each contribution received in one or more separate
campaign accounts in a financial institution.
(b)
A state
A statewide
office candidate or a
statewide
candidate's personal campaign
committee may not use money deposited in a campaign account for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(c)
Each state
A statewide
officeholder or
the state
a statewide
officeholder's personal
campaign committee shall deposit each contribution and public service assistance
received in one or more separate campaign accounts in a financial institution.
(d)
A
state
statewide
officeholder or a
state
statewide
officeholder's personal campaign
committee may not use money deposited in a campaign account for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(2)
(a)
A
state
statewide
office candidate or
the
a statewide
candidate's personal
campaign committee may not deposit or mingle any contributions received into a
personal or business account.
(b)
A
state
statewide
officeholder or
the state
a statewide
officeholder's personal
campaign committee may not deposit or mingle any contributions or public service
assistance received into a personal or business account.
(3)
If
a person
an individual
who is no longer a
state
statewide
office candidate chooses
not to expend the money remaining in a campaign account, the
person
individual
shall
continue to file the year-end summary report required by Section
20A-11-203
until the
statement of dissolution and final summary report required by Section
20A-11-205
are
filed with the lieutenant governor.
(4)
(a)
Except as provided in Subsection
(4)(b)
and Section
20A-11-402
,
a person
an
individual
who is no longer a
state
statewide
office candidate may not expend or
transfer the money in a campaign account in a manner that would cause the former
state
statewide
office candidate to recognize the money as taxable income under
federal tax law.
(b)
A person
An individual
who is no longer a
state
statewide
office candidate may
transfer the money in a campaign account in a manner that would cause the former
state
statewide
office candidate to recognize the money as taxable income under
federal tax law if the transfer is made to a campaign account for federal office.
(5)
(a)
As used in this Subsection
(5)
, "received" means the same as that term is defined
in Subsection
20A-11-204(1)(b)
.
(b)
Each state
A statewide
office candidate shall report to the lieutenant governor each
contribution received by the
state
statewide
office candidate:
(i)
except as provided in Subsection
(5)(b)(ii)
, within 31 calendar days after the day
on which the contribution is received; or
(ii)
within seven business days after the day on which the contribution is received, if:
(A)
the
state
statewide
office candidate is contested in a convention and the
contribution is received within 30 calendar days before the day on which the
convention is held;
(B)
the
state
statewide
office candidate is contested in a primary election and the
contribution is received within 30 calendar days before the day on which the
primary election is held; or
(C)
the
state
statewide
office candidate is contested in a general election and the
contribution is received within 30 calendar days before the day on which the
general election is held.
(c)
Except as provided in Subsection
(5)(d)
, for each contribution that a
state
statewide

office candidate fails to report within the time period described in Subsection
(5)(b)
,
the lieutenant governor shall impose a fine against the
state
statewide
office
candidate in an amount equal to:
(i)
10% of the amount of the contribution, if the
state
statewide
office candidate
reports the contribution within 60 calendar days after the day on which the time
period described in Subsection
(5)(b)
ends; or
(ii)
20% of the amount of the contribution, if the
state
statewide
office candidate
fails to report the contribution within 60 calendar days after the day on which the
time period described in Subsection
(5)(b)
ends.
(d)
The lieutenant governor may waive the fine described in Subsection
(5)(c)
and issue
a warning to the
state
statewide
office candidate if:
(i)
the contribution that the
state
statewide
office candidate fails to report is paid by
the
state
statewide
office candidate from the
state
statewide
office candidate's
personal funds;
(ii)
the
state
statewide
office candidate has not previously violated Subsection
(5)(c)

in relation to a contribution paid by the
state
statewide
office candidate from the
state
statewide
office candidate's personal funds; and
(iii)
the lieutenant governor determines that the failure to timely report the
contribution is due to the
state
statewide
office candidate not understanding that
the reporting requirement includes a contribution paid by a
state
statewide
office
candidate from the
state
statewide
office candidate's personal funds.
(e)
The lieutenant governor shall:
(i)
deposit money received under Subsection
(5)(c)
into the General Fund; and
(ii)
report on the lieutenant governor's website, in the location where reports relating
to each
state
statewide
office candidate are available for public access:
(A)
each fine imposed by the lieutenant governor against the
state
statewide

office candidate;
(B)
the amount of the fine;
(C)
the amount of the contribution to which the fine relates; and
(D)
the date of the contribution.
(6)
(a)
As used in this Subsection
(6)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(1)(a)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than
the
state
statewide
office for which the person files a declaration of candidacy or
federal office, or as a holder of an office, other than a
state
statewide
office for
which the person files a declaration of candidacy or federal office, deposits a
contribution or makes an expenditure.
(b)
A
state
statewide
office candidate shall include on any financial statement filed in
accordance with this part:
(i)
a contribution deposited in an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account; or
(ii)
an expenditure made from an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account.
(7)
Within 31 calendar days after the day on which a
state
statewide
office candidate
receives a contribution that is cash or a negotiable instrument, exceeds $50, and is from
an unknown source, the
state
statewide
office candidate shall disburse the amount of
the contribution to an organization that is exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code.
Section 15. Section
20A-11-202
is amended to read:
20A-11-202
. Statewide office candidate -- Personal campaign committee
required -- Candidate as a political action committee officer.
(1)
(a)
(i)
Each state
A statewide
office candidate shall select no more than one
personal campaign committee, consisting of one or more persons, to receive
contributions, make expenditures, and file reports connected with the candidate's
campaign.
(ii)
(i)
A
state
statewide
office candidate may serve as the candidate's own
campaign committee.
(iii)
(ii)
A
state
statewide
office candidate may be designated by a political action
committee as an officer who has primary decision-making authority as described
in Section
20A-11-601
.
(b)
Except for expenses made by a registered political party to benefit a party's
candidates generally, a
state
statewide
office candidate or other person acting in
concert with or with the knowledge of the
state
statewide
office candidate may not
receive any contributions or make any expenditures on behalf of a
state
statewide

office candidate other than through:
(i)
a personal campaign committee established under this section; and
(ii)
a political action committee established under
Part 6, Political Action Committee
Registration and Financial Reporting Requirements
.
(2)
(a)
The state
A statewide
office candidate shall file a written statement signed by the
candidate or authorized member of the
statewide office
candidate's personal
campaign committee with the lieutenant governor that:
(i)
informs the lieutenant governor that the
state
statewide
office candidate's
personal campaign committee has been selected; and
(ii)
provides the name and address of each member and the secretary of the
committee.
(b)
A
state
statewide
office candidate or the candidate's personal campaign committee
may not make any expenditures on behalf of the
statewide
candidate until the
statement has been filed.
(c)
A
state
statewide
office candidate may revoke the selection of any member of the
campaign committee by:
(i)
revoking that individual's appointment or election in writing;
(ii)
personally serving the written revocation on the member whose selection is
revoked; and
(iii)
filing a copy of the written revocation with the lieutenant governor.
(d)
(i)
The
state
statewide
office candidate may select a replacement to fill any
vacancy on the campaign committee.
(ii)
The
state
statewide
office candidate shall file that replacement's name and
address with the lieutenant governor.
(3)
A member of a
state
statewide
office candidate's personal campaign committee may
not make an expenditure of more than $1,000 unless the
state
statewide
office
candidate or the secretary of the personal campaign committee authorizes the
expenditure in writing.
(4)
A
state
statewide
office candidate or the candidate's personal campaign committee may
not make any expenditures prohibited by law.
Section 16. Section
20A-11-203
is amended to read:
20A-11-203
. Statewide office candidate -- Financial reporting requirements --
Year-end summary report.
(1)
(a)
Each state
A statewide
office candidate shall file a summary report by January 10
of the year after the regular general election year.
(b)
In addition to the requirements of Subsection
(1)(a)
, a former
state
statewide
office
candidate that has not filed the statement of dissolution and final summary report
required under Section
20A-11-205
shall continue to file a summary report on
January 10 of each year.
(2)
(a)
Each summary report shall include the following information as of December 31
of the previous year:
(i)
the net balance of the last financial statement, if any;
(ii)
a single figure equal to the total amount of receipts reported on all interim reports,
if any;
(iii)
a single figure equal to the total amount of expenditures reported on all interim
reports, if any, filed during the previous year;
(iv)
a detailed listing of each contribution received since the last summary report that
has not been reported in detail on an interim report;
(v)
for each nonmonetary contribution:
(A)
the fair market value of the contribution with that information provided by the
contributor; and
(B)
a specific description of the contribution;
(vi)
a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on an interim report;
(vii)
for each nonmonetary expenditure, the fair market value of the expenditure;
(viii)
a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts minus all expenditures; and
(ix)
the name of a political action committee for which the
state
statewide
office
candidate is designated as an officer who has primary decision-making authority
under Section
20A-11-601
.
(b)
In preparing the report, all receipts and expenditures shall be reported as of
December 31 of the previous year.
(c)
A check or negotiable instrument received by a
state
statewide
office candidate or a
state
statewide
office candidate's personal campaign committee on or before
December 31 of the previous year shall be included in the summary report.
(3)
An authorized member of the
state
statewide
office candidate's personal campaign
committee or the
state
statewide
office candidate shall certify in the summary report
that, to the best of the person's knowledge, all receipts and all expenditures have been
reported as of December 31 of the previous year and that there are no bills or obligations
outstanding and unpaid except as set forth in that report.
Section 17. Section
20A-11-204
is amended to read:
20A-11-204
. Statewide office candidate and statewide officeholder -- Financial
reporting requirements -- Interim reports.
(1)
As used in this section:
(a)
"Campaign account" means a separate campaign account required under Subsection
20A-11-201(1)(a)
or
(c)
.
(b)
"Received" means:
(i)
for a cash contribution, that the cash is given to a
state
statewide
office candidate
or a member of the
state
statewide
office candidate's personal campaign
committee;
(ii)
for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated;
(iii)
for a direct deposit made into a campaign account by a person not associated
with the campaign, the earlier of:
(A)
the day on which the
state
statewide
office candidate or a member of the
state
statewide
office candidate's personal campaign committee becomes aware
of the deposit and the source of the deposit;
(B)
the day on which the
state
statewide
office candidate or a member of the
state
statewide
office candidate's personal campaign committee receives notice
of the deposit and the source of the deposit by mail, email, text, or similar
means; or
(C)
31 calendar days after the day on which the direct deposit occurs; or
(iv)
for any other type of contribution, that any portion of the contribution's benefit
inures to the
state
statewide
office candidate.
(2)
Except as provided in Subsection
(3)
, each
state
statewide
office candidate shall file an
interim report at the following times in any year in which the candidate has filed a
declaration of candidacy for a public office:
(a)
(i)
seven calendar days before the candidate's political convention; or
(ii)
for an unaffiliated candidate, the fourth Saturday in March;
(b)
seven calendar days before the regular primary election date;
(c)
September 30; and
(d)
seven calendar days before the regular general election date.
(3)
If a
state
statewide
office candidate is a
state
statewide
office candidate seeking
appointment for a midterm vacancy, the
state
statewide
office candidate:
(a)
shall file an interim report:
(i)
no later than three business days before the day on which the political party of the
party for which the
state
statewide
office candidate seeks nomination meets to
declare a nominee for the governor to appoint in accordance with Subsection
20A-1-504(1)(a)
; or
(ii)
if a
state
statewide
office candidate decides to seek the appointment with less
than three business days before the day on which the political party meets, or the
political party schedules the meeting to declare a nominee less than three business
days before the day of the meeting, no later than 5 p.m. on the last day of business
before the day on which the political party meets; and
(b)
is not required to file an interim report at the times described in Subsection
(2)
.
(4)
Each interim report shall include the following information:
(a)
the net balance of the last summary report, if any;
(b)
a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c)
a single figure equal to the total amount of expenditures reported on all prior interim
reports, if any, filed during the calendar year in which the interim report is due;
(d)
a detailed listing of:
(i)
for a
state
statewide
office candidate, each contribution received since the last
summary report that has not been reported in detail on a prior interim report; or
(ii)
for a
state
statewide
officeholder, each contribution and public service assistance
received since the last summary report that has not been reported in detail on a
prior interim report;
(e)
for each nonmonetary contribution:
(i)
the fair market value of the contribution with that information provided by the
contributor; and
(ii)
a specific description of the contribution;
(f)
a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on a prior interim report;
(g)
for each nonmonetary expenditure, the fair market value of the expenditure;
(h)
a net balance for the year consisting of the net balance from the last summary report,
if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i)
a summary page in the form required by the lieutenant governor that identifies:
(i)
beginning balance;
(ii)
total contributions and public service assistance received during the period since
the last statement;
(iii)
total contributions and public service assistance received to date;
(iv)
total expenditures during the period since the last statement; and
(v)
total expenditures to date; and
(j)
the name of a political action committee for which the
state
statewide
office
candidate or
state
statewide
officeholder is designated as an officer who has primary
decision-making authority under Section
20A-11-601
.
(5)
(a)
In preparing each interim report, all receipts and expenditures shall be reported as
of five calendar days before the required filing date of the report.
(b)
Any negotiable instrument or check received by a
state
statewide
office candidate or
state
a statewide
officeholder more than five calendar days before the required filing
date of a report required by this section shall be included in the interim report.
Section 18. Section
20A-11-205
is amended to read:
20A-11-205
. Statewide office candidate -- Financial reporting requirements --
Termination of duty to report.
(1)
Each state
A statewide
office candidate and the candidate's personal campaign
committee is active and subject to interim reporting requirements until:
(a)
the
statewide office
candidate withdraws or is eliminated in a convention or primary;
or
(b)
if seeking appointment as a midterm vacancy
state
statewide
office candidate:
(i)
the political party liaison fails to forward the person's name to the governor; or
(ii)
the governor fails to appoint the person to fill the vacancy.
(2)
Each state

A statewide
office candidate and the candidate's personal campaign
committee is active and subject to year-end summary reporting requirements until the
candidate has filed a statement of dissolution with the lieutenant governor stating that:
(a)
the
state
statewide
office candidate or the personal campaign committee is no longer
receiving contributions and is no longer making expenditures;
(b)
the ending balance on the last summary report filed is zero and the balance in the
separate bank account required in Section
20A-11-201
is zero; and
(c)
a final summary report in the form required by Section
20A-11-203
showing a zero
balance is attached to the statement of dissolution.
(3)
A statement of dissolution and a final summary report may be filed at any time.
(4)
Each state
A statewide
office candidate and the
statewide office
candidate's personal
campaign committee shall continue to file the year-end summary report required by
Section
20A-11-203
until the statement of dissolution and final summary report required
by this section are filed with the lieutenant governor.
Section 19. Section
20A-11-206
is amended to read:
20A-11-206
. Statewide office candidate -- Failure to file reports -- Penalties.
(1)
A
state
statewide
office candidate who fails to file a financial statement before the
deadline is subject to a fine imposed in accordance with Section
20A-11-1005
.
(2)
If a
state
statewide
office candidate fails to file an interim report described in
Subsections
20A-11-204(2)(b)
through
(d)
, the lieutenant governor may send an
electronic notice to the
state
statewide
office candidate and the political party of which
the
state
statewide
office candidate is a member, if any, that states:
(a)
that the
state
statewide
office candidate failed to timely file the report; and
(b)
that, if the
state
statewide
office candidate fails to file the report within 24 hours
after the deadline for filing the report, the
state
statewide
office candidate will be
disqualified and the political party will not be permitted to replace the
statewide office

candidate.
(3)
(a)
The lieutenant governor shall disqualify a
state
statewide
office candidate and
inform the county clerk and other appropriate election officials that the
state
statewide
office candidate is disqualified if the
state
statewide
office candidate fails
to file an interim report described in Subsections
20A-11-204(2)(b)
through
(d)

within 24 hours after the deadline for filing the report.
(b)
The political party of a
state
statewide
office candidate who is disqualified under
Subsection
(3)(a)
may not replace the
state
statewide
office candidate.
(4)
If a
state
statewide
office candidate is disqualified under Subsection
(3)(a)
, the election
officer shall:
(a)
notify every opposing candidate for the
state
statewide
office that the
state
statewide
office candidate is disqualified;
(b)
send an email notification to each voter who is eligible to vote in the
state
statewide

office race for whom the lieutenant governor has an email address informing the
voter that the
state
statewide
office candidate is disqualified and that votes cast for
the
state
statewide
office candidate will not be counted;
(c)
post notice of the disqualification on the lieutenant governor's website; and
(d)
if practicable, remove the
state
statewide
office candidate's name from the ballot.
(5)
An election officer may fulfill the requirement described in Subsection
(4)
in relation to
a mailed ballot, including a military or overseas ballot, by including with the ballot a
written notice directing the voter to the lieutenant governor's website to inform the voter
whether a candidate on the ballot is disqualified.
(6)
A
state
statewide
office candidate is not disqualified if:
(a)
the
state
statewide
office candidate timely files the reports described in Subsections
20A-11-204(2)(b)
through
(d)
no later than 24 hours after the applicable deadlines for
filing the reports;
(b)
the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or
inaccuracies; and
(c)
the omissions, errors, or inaccuracies described in Subsection
(6)(b)
are corrected in
an amended report or the next scheduled report.
(7)
(a)
Within 60 calendar days after a deadline for the filing of a summary report, the
lieutenant governor shall review each filed summary report to ensure that:
(i)
each state
the statewide
office candidate that is required to file a summary report
has filed one; and
(ii)
each summary report contains the information required by this part.
(b)
If it appears that
any state
a statewide
office candidate has failed to file the
summary report required by law, if it appears that a filed summary report does not
conform to the law, or if the lieutenant governor has received a written complaint
alleging a violation of the law or the falsity of any summary report, the lieutenant
governor shall, no later than the first business day that is at least five days after the
day on which the lieutenant governor discovers the violation or receives the written
complaint, notify the
state
statewide
office candidate of the violation or written
complaint and direct the
state
statewide
office candidate to file a summary report
correcting the problem.
(c)
(i)
It is unlawful for a
state
statewide
office candidate to fail to file or amend a
summary report within seven calendar days after receiving notice from the
lieutenant governor described in this Subsection
(7)
.
(ii)
Each state
A statewide
office candidate who violates Subsection
(7)(c)(i)
is
guilty of a class B misdemeanor.
(iii)
The lieutenant governor shall report all violations of Subsection
(7)(c)(i)
to the
attorney general.
(iv)
In addition to the criminal penalty described in Subsection
(7)(c)(ii)
, the
lieutenant governor shall impose a civil fine of $100 against a
state
statewide

office candidate who violates Subsection
(7)(c)(i)
.
Section 20. Section
20A-11-1301
is amended to read:
13. State School Board Office Candidates
20A-11-1301
. State school board office -- Campaign finance requirements --
Candidate as a political action committee officer -- No personal use -- Interim report --
Contribution reporting deadline -- Report other accounts -- Anonymous contributions.
(1)
(a)
(i)
Each
A state
school board office candidate

:
(i)
shall deposit each contribution received in one or more separate accounts in a
financial institution that are dedicated only to that purpose
.
;
(ii)
A school board office candidate
may:
(A)
receive a contribution from a political action committee registered under
Section
20A-11-601
; and
(B)
be designated by a political action committee as an officer who has primary
decision-making authority as described in Section
20A-11-601
.
; and
(b)
(iii)
A school board office candidate
may not use money deposited in an
account described in Subsection
(1)(a)(i)
for
:
(i)
a personal use expenditure
;
or
(ii)
an expenditure prohibited by law.
(c)
(b)
(i)
Each
A state
school board officeholder

:
(i)
shall deposit each contribution and public service assistance received in one or
more separate accounts in a financial institution that are dedicated only to that
purpose
.
;
(ii)
A school board officeholder
may:
(A)
receive a contribution or public service assistance from a political action
committee registered under Section
20A-11-601
; and
(B)
be designated by a political action committee as an officer who has primary
decision-making authority as described in Section
20A-11-601
.
; and
(d)
(iii)
A school board officeholder
may not use money deposited in an account
described in Subsection
(1)(a)(i)
or (1)(c)(i)
(1)(a) or (b)
for
:

(i)
a personal use expenditure
;
or
(ii)
an expenditure prohibited by law.
(2)
(a)
A
state
school board office candidate
or a state school board officeholder
may
not

:
(a)
deposit or mingle any contributions
or public service assistance
received into a
personal or business account
.
; or
(b)
A school board officeholder may not deposit or mingle any contributions or public
service assistance received into a personal or business account.
(3)
A school board office candidate or school board officeholder may not make any
political expenditures
(b)
make a political expenditure
prohibited by law.
(4)
(3)
If
a person
an individual
who is no longer a
state
school board office candidate
chooses not to expend the money remaining in a campaign account, the
person
individual
shall continue to file the year-end summary report required
by
under
Section
20A-11-1302
until the
individual files the
statement of dissolution and final summary
report required
by
under
Section
20A-11-1304
are filed with the lieutenant governor
.
(5)
(4)
(a)
Except as provided in Subsection
(5)(b)
(4)(b)
and Section
20A-11-402
,
a
person
an individual
who is no longer a
state
school board office candidate may not
expend or transfer the money in a campaign account in a manner that would cause the
former
state
school board office candidate to recognize the money as taxable income
under federal tax law.
(b)
A person
An individual
who is no longer a
state
school board office candidate may
transfer the money in a campaign account in a manner that would cause the former
state
school board office candidate to recognize the money as taxable income under
federal tax law if the transfer is made to a campaign account for federal office.
(6)
(5)
(a)
As used in this Subsection
(6)
(5)
, "received" means the same as that term is
defined in Subsection
20A-11-1303(1)(a)
.
(b)
Except as provided in Subsection
(6)(d)
, each
(5)(d), a state
school board office
candidate shall
file an interim
report
to
with
the chief election officer
that includes

each contribution received by the
state
school board office candidate:
(i)
except as provided in Subsection
(6)(b)(ii)
(5)(b)(ii)
, within 31 calendar days
after the day on which the contribution is received; or
(ii)
within seven business days after the day on which the contribution is received, if:
(A)
the
state
school board office candidate is contested in a convention and the
contribution is received within 30 calendar days before the day on which the
convention is held;
(B)
the
state
school board office candidate is contested in a primary election and
the contribution is received within 30 calendar days before the day on which
the primary election is held; or
(C)
the
state
school board office candidate is contested in a general election and
the contribution is received within 30 calendar days before the day on which
the general election is held.
(c)
For each contribution that a
state
school board office candidate fails to report within
the time period described in Subsection
(6)(b)
(5)(b)
, the chief election officer shall
impose a fine against the
state
school board office candidate in an amount equal to:
(i)
10% of the amount of the contribution, if the
state
school board office candidate
reports the contribution within 60 calendar days after the day on which the time
period described in Subsection
(6)(b)
(5)(b)
ends; or
(ii)
20% of the amount of the contribution, if the
state
school board office candidate
fails to report the contribution within 60 calendar days after the day on which the
time period described in Subsection
(6)(b)
(5)(b)
ends.
(d)
The lieutenant governor may waive the fine described in Subsection
(6)(c)
(5)(b)

and issue a warning to the
state
school board office candidate if:
(i)
the contribution that the
state
school board office candidate fails to report is paid
by the
state
school board office candidate from the
state
school board office
candidate's personal funds;
(ii)
the
state
school board office candidate has not previously violated Subsection
(6)(c)
(5)(c)
in relation to a contribution paid by the
state
school board office
candidate from the
state
school board office candidate's personal funds; and
(iii)
the lieutenant governor determines that the failure to timely report the
contribution is due to the
state
school board office candidate not understanding
that the reporting requirement includes a contribution paid by a
state
school board
office candidate from the
state
school board office candidate's personal funds.
(e)
The chief election officer shall:
(i)
deposit money received under Subsection
(6)(c)
(5)(c)
into the General Fund; and
(ii)
report on the chief election officer's website, in the location where reports relating
to each
state
school board office candidate are available for public access:
(A)
each fine imposed by the chief election officer against the
state
school board
office candidate;
(B)
the amount of the fine;
(C)
the amount of the contribution to which the fine relates; and
(D)
the date of the contribution.
(7)
(6)
Within 31 calendar days after the day on which a
state
school board office
candidate receives a contribution that is cash or a negotiable instrument, exceeds $50,
and is from an unknown source, the
state
school board office candidate shall disburse
the contribution to an organization that is exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code.
(8)
(7)
(a)
As used in this Subsection
(8)
(7)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(1)(a)(i)
(1)(a)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than a
state
school board office for which the person files a declaration of candidacy or
federal office, or as a holder of an office, other than a
state
school board office for
which the person files a declaration of candidacy or federal office, deposits a
contribution or makes an expenditure.
(b)
A
state
school board office candidate shall include on any financial statement filed in
accordance with this part:
(i)
a contribution deposited in an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account; or
(ii)
an expenditure made from an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account.
Section 21. Section
20A-11-1302
is amended to read:
20A-11-1302
. State school board office candidate -- Financial reporting
requirements -- Year-end summary report.
(1)
(a)
Each
A

state
school board office candidate shall file a summary report
by
on or
before
January 10 of the year after the regular general election year.
(b)
In addition to the
requirements of
requirement described in
Subsection
(1)(a)
, a
former
state
school board office candidate that has not filed the statement of
dissolution and final summary report required under Section
20A-11-1304
shall
continue to file a summary report on
or before
January 10 of each year.
(2)
(a)
Each summary report shall include the following information as of December 31
of the previous year:
(i)
the net balance of the last financial statement, if any;
(ii)
a single figure equal to the total amount of receipts reported on all interim reports,
if any, during the previous year;
(iii)
a single figure equal to the total amount of expenditures reported on all interim
reports, if any, filed during the previous year;
(iv)
a detailed listing of each contribution received since the last summary report that
has not been reported in detail on an interim report;
(v)
for each nonmonetary contribution:
(A)
the fair market value of the contribution with that information provided by the
contributor; and
(B)
a specific description of the contribution;
(vi)
a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on an interim report;
(vii)
for each nonmonetary expenditure, the fair market value of the expenditure;
(viii)
a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts minus all expenditures; and
(ix)
the name of a political action committee for which the
state
school board office
candidate is designated as an officer who has primary decision-making authority
under Section
20A-11-601
.
(b)
In preparing the report, all receipts and expenditures shall be reported as of
December 31 of the previous year.
(c)
A check or negotiable instrument received by a
state
school board office candidate
on or before December 31 of the previous year shall be included in the summary
report.
(3)
The
state
school board office candidate
or former state school board office candidate
shall certify in the summary report that, to the best of the
state
school board office
candidate's
or former state school board office candidate's
knowledge, all receipts and all
expenditures have been reported as of December 31 of the previous year and that there
are no bills or obligations outstanding and unpaid except as
set forth
described
in that
report.
Section 22. Section
20A-11-1303
is amended to read:
20A-11-1303
. State school board office candidate and state school board
officeholder -- Financial reporting requirements -- Interim reports.
(1)
(a)
As used in this section, "received" means:
(i)
for a cash contribution, that the cash is given to a
state
school board office
candidate or a member of the
state
school board office candidate's personal
campaign committee;
(ii)
for a contribution that is a check or other negotiable instrument, that the check or
other negotiable instrument is negotiated;
(iii)
for a direct deposit made into a campaign account by a person not associated
with the campaign, the earlier of:
(A)
the day on which the
state
school board office candidate or a member of the
state
school board office candidate's personal campaign committee becomes
aware of the deposit and the source of the deposit;
(B)
the day on which the
state
school board office candidate or a member of the
state
school board office candidate's personal campaign committee receives
notice of the deposit and the source of the deposit by mail, email, text, or
similar means; or
(C)
31 calendar days after the day on which the direct deposit occurs; or
(iv)
for any other type of contribution, that any portion of the contribution's benefit
inures to the
state
school board office candidate.
(b)
As used in this Subsection
(1)
, "campaign account" means a separate campaign
account required under Subsection
20A-11-1301(1)(a)(i)
or
(c)(i)
20A-11-1301(1)(a)

or
(b)
.
(c)
Except as provided in Subsection
(2)
, each
state
school board office candidate shall
file an interim report at the following times in any year in which the candidate has
filed a declaration of candidacy for a public office:
(i)
May 15;
(ii)
seven calendar days before the regular primary election date;
(iii)
September 30; and
(iv)
seven calendar days before the regular general election date.
(2)
If a
state
school board office candidate is a school board office candidate seeking
appointment for a midterm vacancy, the
state
school board office candidate:
(a)
shall file an interim report:
(i)
for a vacancy described in Subsection
20A-1-504(1)(b)(ii)(A)
or
(B)
, no later than
three business days before the day on which the Senate meets to consider the
state
school board office candidate's nomination; or
(ii)
for a vacancy described in Subsection
20A-1-504(1)(b)(ii)(C)
:
(A)
no later than three business days before the day on which the political party of
the party for which the
state
school board office candidate seeks nomination
meets to declare a nominee for the governor to appoint; or
(B)
if the
state
school board office candidate decides to seek the appointment with
less than three business days before the day on which the political party meets,
or the political party schedules the meeting to declare a nominee less than three
business days before the day of the meeting, no later than 5 p.m. on the last day
of business before the day on which the political party meets; and
(b)
is not required to file an interim report at the times described in Subsection
(1)(c)
.
(3)
Each interim report shall include the following information:
(a)
the net balance of the last summary report, if any;
(b)
a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c)
a single figure equal to the total amount of expenditures reported on all prior interim
reports, if any, filed during the calendar year in which the interim report is due;
(d)
a detailed listing of:
(i)
for a
state
school board office candidate, each contribution received since the last
summary report that has not been reported in detail on a prior interim report; or
(ii)
for a
state
school board officeholder, each contribution and public service
assistance received since the last summary report that has not been reported in
detail on a prior interim report;
(e)
for each nonmonetary contribution:
(i)
the fair market value of the contribution with that information provided by the
contributor; and
(ii)
a specific description of the contribution;
(f)
a detailed listing of each expenditure made since the last summary report that has not
been reported in detail on a prior interim report;
(g)
for each nonmonetary expenditure, the fair market value of the expenditure;
(h)
a net balance for the year consisting of the net balance from the last summary report,
if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i)
a summary page in the form required by the lieutenant governor that identifies:
(i)
beginning balance;
(ii)
total contributions during the period since the last statement;
(iii)
total contributions to date;
(iv)
total expenditures during the period since the last statement; and
(v)
total expenditures to date; and
(j)
the name of a political action committee for which the
state
school board office
candidate or school board officeholder is designated as an officer who has primary
decision-making authority under Section
20A-11-601
.
(4)
(a)
In preparing each interim report, all receipts and expenditures shall be reported as
of five calendar days before the required filing date of the report.
(b)
Any negotiable instrument or check received by a
state
school board office candidate
or
state
school board officeholder more than five calendar days before the required
filing date of a report required by this section shall be included in the interim report.
Section 23. Section
20A-11-1304
is amended to read:
20A-11-1304
. State school board office candidate -- Financial reporting
requirements -- Termination of duty to report.
(1)
Each
A

state
school board
office
candidate is subject to interim reporting requirements
until the candidate withdraws or is eliminated in a primary.
(2)
Each
A

state
school board office candidate is subject to year-end summary reporting
requirements until the candidate
has filed
files
a statement of dissolution with the
lieutenant governor stating that:
(a)
the
state
school board office candidate is no longer receiving contributions and is no
longer making expenditures;
(b)
the ending balance on the last summary report filed is zero and the balance in the
separate bank account required in Section
20A-11-1301
is zero; and
(c)
a final summary report in the form required by Section
20A-11-1302
showing a zero
balance is attached to the statement of dissolution.
(3)
A
state school board office candidate may file a
statement of dissolution and a final
summary report
may be filed
at any time.
(4)
Each
A

state
school board office candidate shall continue to file the year-end summary
report required by Section
20A-11-1302
until the
state school board office candidate
files the
statement of dissolution and final summary report required
by
under
this
section
are filed
.
Section 24. Section
20A-11-1603
is amended to read:
20A-11-1603
. Conflict of interest disclosure -- Required when filing for
candidacy -- Public availability.
(1)
(a)
Except as provided in Subsection
(1)(c)
, candidates seeking the following offices
shall make a complete conflict of interest disclosure on the website at the time of
filing a declaration of candidacy:
(i)
state constitutional officer;
(ii)
state legislator; or
(iii)
State Board of Education member
state school board office
.
(b)
A candidate who fails to comply with Subsection
(1)(a)
shall make a complete
conflict of interest disclosure on the website no later than 5:00 p.m. on January 10.
(c)
A candidate is not required to comply with Subsection
(1)(a)
if the candidate:
(i)
currently holds the office for which the candidate is seeking reelection;
(ii)
already, that same year, filed the conflict of interest disclosure for the office
described in Subsection
(1)(c)(i)
, in accordance Section
20A-11-1604
; and
(iii)
at the time the candidate files the declaration of candidacy, indicates, in writing,
that the conflict of interest disclosure described in Subsection
(1)(c)(ii)
is updated
and accurate as of the date of filing the declaration of candidacy.
(2)
Except as provided in Subsection
(1)(c)
, a filing officer:
(a)
shall provide electronic notice to a candidate who fails to comply with Subsection
(1)(a)
that the candidate must make a complete conflict of interest disclosure on the
website no later than the deadline described in Subsection
(1)(b)
; and
(b)
may not accept a declaration of candidacy for an office listed in Subsection
(1)(a)

until the candidate makes a complete conflict of interest disclosure on the website.
(3)
The conflict of interest disclosure described in Subsection
(1)(a)
shall contain the same
requirements and shall be in the same format as the conflict of interest disclosure
described in Section
20A-11-1604
.
(4)
The lieutenant governor shall make the complete conflict of interest disclosure made by
each candidate available for public inspection on the website.
Section 25. Section
20A-11-1604
is amended to read:
20A-11-1604
. Failure to disclose conflict of interest -- Failure to comply with
reporting requirements.
(1)
(a)
Before or during the execution of any order, settlement, declaration, contract, or
any other official act of office in which a state constitutional officer has actual
knowledge that the state constitutional officer has a conflict of interest that is not
stated in the conflict of interest disclosure, the state constitutional officer shall
publicly declare that the state constitutional officer may have a conflict of interest
and what that conflict of interest is.
(b)
Before or during any vote on legislation or any legislative matter in which a
legislator has actual knowledge that the legislator has a conflict of interest that is not
stated in the conflict of interest disclosure, the legislator shall orally declare to the
committee or body before which the matter is pending that the legislator may have a
conflict of interest and what that conflict is.
(c)
Before or during any vote on any rule, resolution, order, or any other board matter in
which a member of the
State Board of Education
state school board officeholder
has actual knowledge that the
member
state school board officeholder
has a conflict
of interest that is not stated in the conflict of interest disclosure, the
member
state
school board officeholder
shall orally declare to the
state school
board that the
member may have a conflict of interest and what that conflict of interest is.
(2)
Any public declaration of a conflict of interest that is made under Subsection
(1)
shall
be noted:
(a)
on the official record of the action taken, for a state constitutional officer;
(b)
in the minutes of the committee meeting or in the Senate or House Journal, as
applicable, for a legislator; or
(c)
in the minutes of the meeting or on the official record of the action taken, for a
member of the State Board of Education
state school board officeholder
.
(3)
A state constitutional officer shall make a complete conflict of interest disclosure on the
website:
(a)
(i)
no sooner than January 1 each year, and before January 11 each year; or
(ii)
if the state constitutional officer takes office after January 10, within 10 calendar
days after the day on which the state constitutional officer takes office; and
(b)
each time the state constitutional officer changes employment.
(4)
A legislator shall make a complete conflict of interest disclosure on the website:
(a)
(i)
no sooner than January 1 each year, and before January 11 each year; or
(ii)
if the legislator takes office after January 10, within 10 calendar days after the
day on which the legislator takes office; and
(b)
each time the legislator changes employment.
(5)
A
member of the State Board of Education
state school board officeholder
shall make
a complete conflict of interest disclosure on the website:
(a)
(i)
no sooner than January 1 each year, and before January 11 each year; or
(ii)
if the
member
state school board officeholder
takes office after January 10,
within 10 calendar days after the day on which the
member
state school board
officeholder
takes office; and
(b)
each time the
member
state school board officeholder
changes employment.
(6)
A conflict of interest disclosure described in Subsection
(3)
,
(4)
, or
(5)
shall include:
(a)
the regulated officeholder's name;
(b)
subject to Subsection
(7)
:
(i)
the name and address of each of the regulated officeholder's current employers and
each of the regulated officeholder's employers during the preceding year; and
(ii)
for each employer described in this Subsection
(6)(b)
, a brief description of the
employment, including the regulated officeholder's occupation and, as applicable,
job title;
(c)
for each entity in which the regulated officeholder is an owner or officer, or was an
owner or officer during the preceding year:
(i)
the name of the entity;
(ii)
a brief description of the type of business or activity conducted by the entity; and
(iii)
the regulated officeholder's position in the entity;
(d)
in accordance with Subsection
(8)
, for each individual from whom, or entity from
which, the regulated officeholder has received $5,000 or more in income during the
preceding year:
(i)
the name of the individual or entity; and
(ii)
a brief description of the type of business or activity conducted by the individual
or entity;
(e)
for each entity in which the regulated officeholder holds any stocks or bonds having
a fair market value of $5,000 or more as of the date of the disclosure form or during
the preceding year, but excluding funds that are managed by a third party, including
blind trusts, managed investment accounts, and mutual funds:
(i)
the name of the entity; and
(ii)
a brief description of the type of business or activity conducted by the entity;
(f)
for each entity not listed in Subsections
(6)(c)
through
(e)
in which the regulated
officeholder currently serves, or served in the preceding year, in a paid leadership
capacity or in a paid or unpaid position on a board of directors:
(i)
the name of the entity or organization;
(ii)
a brief description of the type of business or activity conducted by the entity; and
(iii)
the type of position held by the regulated officeholder;
(g)
at the option of the regulated officeholder, a description of any real property in which
the regulated officeholder holds an ownership or other financial interest that the
regulated officeholder believes may constitute a conflict of interest, including a
description of the type of interest held by the regulated officeholder in the property;
(h)
subject to Subsection
(7)
:
(i)
the name of the regulated officeholder's spouse; and
(ii)
the name of each of the regulated officeholder's spouse's current employers and
each of the regulated officeholder's spouse's employers during the preceding year,
if the regulated officeholder believes the employment may constitute a conflict of
interest;
(i)
the name of any adult residing in the regulated officeholder's household who is not
related to the officeholder by blood;
(j)
for each adult described in Subsection
(6)(i)
, a brief description of the adult's
employment or occupation, if the regulated officeholder believes the adult's presence
in the regulated officeholder's household may constitute a conflict of interest;
(k)
at the option of the regulated officeholder, a description of any other matter or
interest that the regulated officeholder believes may constitute a conflict of interest;
(l)
the date the form was completed;
(m)
a statement that the regulated officeholder believes that the form is true and accurate
to the best of the regulated officeholder's knowledge; and
(n)
the signature of the regulated officeholder.
(7)
(a)
In making the disclosure described in Subsection
(6)(b)
or (h), if a regulated
officeholder or regulated officeholder's spouse is an at-risk government employee, as
that term is defined in Subsection
63G-2-303(1)(a)
, the regulated officeholder may
request the filing officer to redact from the conflict of interest disclosure:
(i)
the regulated officeholder's employment information under Subsection
(6)(b)
; and
(ii)
the regulated officeholder's spouse's name and employment information under
Subsection
(6)(h)
.
(b)
A filing officer who receives a redaction request under Subsection
(7)(a)
shall redact
the disclosures made under Subsection
(6)(b)
or (h) before the filing officer makes
the conflict of interest disclosure available for public inspection.
(8)
In making the disclosure described in Subsection
(6)(d)
, a regulated officeholder who
provides goods or services to multiple customers or clients as part of a business or a
licensed profession is only required to provide the information described in Subsection
(6)(d)
in relation to the entity or practice through which the regulated officeholder
provides the goods or services and is not required to provide the information described
in Subsection
(6)(d)
in relation to the regulated officeholder's individual customers or
clients.
(9)
The disclosure requirements described in this section do not prohibit a regulated
officeholder from voting or acting on any matter.
(10)
A regulated officeholder may amend a conflict of interest disclosure described in this
part at any time.
(11)
A regulated officeholder who violates the requirements of Subsection
(1)
is guilty of a
class B misdemeanor.
(12)
(a)
A regulated officeholder who intentionally or knowingly violates a provision of
this section, other than Subsection
(1)
, is guilty of a class B misdemeanor.
(b)
In addition to the criminal penalty described in Subsection
(12)(a)
, the lieutenant
governor shall impose a civil penalty of $100 against a regulated officeholder who
violates a provision of this section, other than Subsection
(1)
.
Section 26. Section
20A-14-201
is amended to read:
20A-14-201
. Boards of education -- School board districts -- Creation --
Redistricting.
(1)
The county legislative body, for local school districts whose boundaries encompass
more than a single municipality, and the municipal legislative body, for local school
districts contained completely within a municipality, shall divide the local school district
into local school board districts as required under Subsection
20A-14-202
(1).
(2)
The county and municipal legislative bodies shall divide the school district so that the
local school board districts are substantially equal in population and are as contiguous
and compact as practicable.
(3)
County and municipal legislative bodies shall redistrict local school board districts to
meet the population, compactness, and contiguity requirements of this section:
(a)
at least once every 10 years;
(b)
for a new school district or a reorganized new school district that is approved by the
voters at a regular general election under Section
53G-3-301.1
,
53G-3-301.3
, or
53G-3-301.4
, before April 1 of the following year;
(c)
whenever school districts are consolidated;
(d)
whenever a school district loses more than 20% of the population of the entire school
district to another school district;
(e)
whenever a school district loses more than 50% of the population of a local school
board district to another school district;
(f)
whenever a school district receives new residents equal to at least 20% of the
population of the school district at the time of the last redistricting because of a
transfer of territory from another school district; and
(g)
whenever it is necessary to increase the membership of a board as a result of changes
in student membership under Section
20A-14-202
.
(4)
If a school district receives territory containing less than 20% of the population of the
transferee district at the time of the last redistricting, the local school board may assign
the new territory to one or more existing school board districts.
(5)
Except as provided in Subsection
53G-3-302(1)(b)(ii)
, redistricting does not affect the
right of any
local
school board member to complete the term for which the member was
elected.
(6)
(a)
After redistricting, representation in a local school board district shall be
determined as provided in this Subsection
(6)
.
(b)
If, after redistricting, only one board member whose term extends beyond
redistricting lives within a local school board district, that board member shall
represent that local school board district.
(c)
If, after redistricting, two or more members whose terms extend beyond redistricting
live within a local school board district, the members involved shall select one
member by lot to represent the local school board district.
(d)
The other members shall serve at-large for the remainder of their terms.
(e)
The at-large board members shall serve in addition to the designated number of
board members for the board in question for the remainder of their terms.
(f)
If there is no board member living within a local school board district whose term
extends beyond redistricting, the seat shall be treated as vacant and filled as provided
in
this part
Section
20A-1-511
.
(7)
(a)
If, before an election affected by redistricting, the county or municipal legislative
body that conducted the redistricting determines that one or more members shall be
elected to terms of two years to meet this part's requirements for staggered terms, the
legislative body shall determine by lot which of the redistricted local school board
districts will elect members to two-year terms and which will elect members to
four-year terms.
(b)
All subsequent elections are for four-year terms.
(8)
Within 10 calendar days after the day of a local school board district boundary change,
the county or municipal legislative body making the change shall send an accurate map
or plat of the boundary change to the Utah Geospatial Resource Center created under
Section
63A-16-505
.
(9)
Subsections
(4)
through
(7)
do not apply to a redistricting that occurs under Subsection
(3)(b)
.
Section 27. Section
20A-14-202
is amended to read:
20A-14-202
. Local boards of education -- Membership -- When elected --
Qualifications -- Avoiding conflicts of interest -- Transition to partisan elections.
(1)
(a)
The board of education of a school district with a student population of less than
10,000 students comprises five members.
(b)
The board of education of a school district with a student population of 10,000 or
more students but fewer than 50,000 students comprises seven members.
(c)
Before January 1, 2023, the board of education of a school district with a student
population of 50,000 or more students comprises seven members.
(d)
(c)
Beginning on January 1, 2023:
(i)
the
The
board of education of a school district with a student population of
50,000 or more students but fewer than 100,000 students:
(A)
except as provided in Subsection
(1)(d)(i)(B)
(1)(c)(i)(B)
, comprises seven
members; or
(B)
comprises nine members if the board of education of the school district, by
majority vote, increases the board to nine members
; and
.
(ii)
the
The
board of education of a school district with a student population of
100,000 or more students comprises nine members.
(e)
(d)
Student population is based on the October 1 student count submitted by
districts to the State Board of Education.
(f)
(e)
If the number of members of a local school board changes under Subsection
(1)(b), (c), or (d)
(1)(b)
or
(c)
, the county or municipality, as applicable, shall
redistrict and hold elections as provided in Sections
20A-14-201
and
20A-14-203
.
(g)
(f)
Notwithstanding Subsections
(1)(a)
through (d)
(1)(a) through (c)
, a school
district with a seven-member or nine-member board does not decrease in size,
regardless of subsequent changes in student population.
(h)
(g)
(i)
Members of a local board of education shall be elected at each regular
general election.
(ii)
Except as provided in Subsection
(1)(h)(iii)
(1)(g)(iii)
, in a regular general
election year:
(A)
no more than three members of a local board of education may be elected to a
five-member board;
(B)
no more than four members of a local board of education may be elected to a
seven-member board; and
(C)
no more than five members of a local board of education may be elected to a
nine-member board.
(iii)
A number of members, in excess of the maximums described in Subsection
(1)(h)(ii)
(1)(g)(ii)
, may be elected only when required due to redistricting, to fill
a vacancy, or to implement
Subsections
(1)(b)
through
(d)
Subsection
(1)(b)
or
(c)
.
(i)
(h)
One member of the local board of education shall be elected from each local
school board district.
(2)
(a)
An individual seeking election to a local school board shall have been a resident
of the local school board district in which the person is seeking election for at least
one year immediately preceding the day of the general election at which the board
position will be filled.
(b)
A person who has resided within the local school board district, as the boundaries of
the district exist on the date of the general election, for one year immediately
preceding the date of the election shall be considered to have met the requirements of
this Subsection
(2)
.
(3)
A member of a local school board shall:
(a)
be and remain a registered voter in the local school board district from which the
member is elected or appointed; and
(b)
maintain the member's primary residence within the local school board district from
which the member is elected or appointed during the member's term of office.
(4)
A member of a local school board may not, during the member's term in office, also
serve as an employee of that board.
(5)
(a)
An individual who takes office as a member of a local school board before 2027,
via a nonpartisan election or an appointment to fill a vacancy, shall continue to serve
as a member of the local school board until the end of the term to which the
individual was elected or appointed.
(b)
After the term described in Subsection
(5)(a)
ends, the vacancy shall be filled via a
partisan election.
(c)
If, before January 1, 2027, a vacancy occurs in a local school board office before the
term of office ends, the vacancy shall be filled for the remainder of the term in
accordance with provisions of Section
20A-1-511
that were in effect before January
1, 2027.
Section 28. Section
53G-4-201
is amended to read:
53G-4-201
. Selection and election of members to local school boards.
Members of local school boards shall be elected as provided in
Title 20A, Election
Code, including

Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards
.
Section 29.
Effective Date.
This bill takes effect on
January 1, 2027
.
2-3-26 4:33 PM