School Board Election Amendments

36
20A-1-102
20A-1-504
20A-8-401
20A-9-201
20A-9-202
20A-9-403
20A-9-406
20A-9-408
20A-11-1301
20A-11-1303
20A-11-1305
20A-14-104.1
20A-14-202
20A-14-203
0
School Board Election Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Arthur
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to the State Board of Education.
Highlighted Provisions:
This bill:
makes the office of State Board of Education member a nonpartisan office;
repeals provisions making the office of State Board of Education member a partisan
office;
requires the governor to fill a vacancy in the office of State Board of Education member
by appointing, with the advice and consent of the Senate, an individual who meets the
office's eligibility and residency requirements;
beginning with the 2028 election cycle, requires a candidate for an office on the State
Board of Education to participate in a nonpartisan primary election to narrow the
number of candidates who participate in a nonpartisan general election; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-1-504
, as last amended by Laws of Utah 2025, Chapter 90
20A-8-401
, as last amended by Laws of Utah 2025, Chapter 448
20A-9-201
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-202
, as last amended by Laws of Utah 2025, Chapter 448
20A-9-403
, as last amended by Laws of Utah 2025, Chapters 39, 448
20A-9-406
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-9-408
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
20A-11-1301
, as last amended by Laws of Utah 2025, Chapter 448
20A-11-1303
, as last amended by Laws of Utah 2025, Chapters 90, 448
20A-11-1305
, as last amended by Laws of Utah 2025, Chapter 448
20A-14-104.1
, as last amended by Laws of Utah 2019, Chapter 507
20A-14-202
, as last amended by Laws of Utah 2022, Chapter 265
20A-14-203
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-102
is amended to read:
20A-1-102
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on 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
State Board of Education and
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 2. Section
20A-1-504
is amended to read:
20A-1-504
. Midterm vacancies in the offices of attorney general, state treasurer,
state auditor, State Board of Education member, and lieutenant governor.
(1)
(a)
When a vacancy occurs for any reason in the office of attorney general, state
treasurer, state auditor, or State Board of Education member, the vacancy shall be
filled for the unexpired term at the next regular general election.
(b)
The governor shall fill the vacancy until the next regular general election by:
(i)
for a vacancy in the office of attorney general, state treasurer, or state auditor,
appointing a person who meets the qualifications for the office from three persons
nominated by the state central committee of the same political party as the prior
officeholder; or
(ii)
for a vacancy in the office of State Board of Education member, appointing a
person, with the advice and consent of the Senate, who meets the qualifications
and residency requirements for filling the vacancy described in Section
20A-14-103
.
(ii)
for a State Board of Education vacancy, if the individual who is being replaced:
(A)
was elected at a nonpartisan State Board of Education election, by
appointing, with the advice and consent of the Senate, an individual who meets
the qualifications and residency requirements for filling the vacancy described
in Section
20A-14-103
;
(B)
was elected at a partisan State Board of Education election, but is not a
member of a political party, by appointing, with the advice and consent of the
Senate, an individual who meets the qualifications and residency requirements
for filling the vacancy described in Section
20A-14-103
; or
(C)
was elected at a partisan State Board of Education election, and is a member
of a political party, by appointing an individual who meets the qualifications
for the office from three persons nominated by the state central committee of
the same political party as the prior officeholder.
(2)
If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
advice and consent of the Senate, appoint a person to hold the office until the next
regular general election at which the governor stands for election.
(3)
(a)
Except as provided in Subsection
(3)(b)
, an individual seeking appointment to fill
a vacancy described in this section shall make a complete conflict of interest
disclosure on the website described in Section
20A-11-1602.5
:
(i)
for a vacancy in the office of lieutenant governor, attorney general, state treasurer,
or state auditor, no later than the deadline for the individual to file an interim
report under Subsection
20A-11-204(3)(a)
; or
(ii)
for a vacancy in the office of State Board of Education member, no later than the
deadline for the individual to file an interim report under Subsection
20A-11-1303(2)
(a).
(b)
An individual described in Subsection
(3)
(a) is not required to comply with
Subsection
(3)
(a) if the individual:
(i)
currently holds an office described in Subsection
(1)(a)
or (2);
(ii)
already, that same year, filed a conflict of interest disclosure for the office
described in Subsection
(3)(b)(i)
, in accordance with Section
20A-11-1604
; and
(iii)
no later than the deadline described in Subsection
(3)(a)
, indicates, in a written
statement, that the conflict of interest disclosure described in Subsection
(3)(b)(ii)

is updated and accurate as of the date of the written statement.
(4)
The lieutenant governor shall make each conflict of interest disclosure made by an
individual described in Subsection
(3)(a)
available for public inspection in accordance
with Subsection
20A-11-1603(4)
.
(5)
A vacancy in an office described in Subsection
(1)(a)
or (2) does not occur unless the
individual occupying the office:
(a)
has left the office; or
(b)
submits an irrevocable letter of resignation to the governor.
Section 3. 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 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 files a
declaration or otherwise notifies the party of the person'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
partisan
state office as described
in Section
20A-1-504
, 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 4. 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:
(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
before
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
before
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
Utah Constitution, Article VII, Section 3, before

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, 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)
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
shall
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
Subject to Subsection
(7)(b)
, and 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)
except for a candidate for an office on the State Board of Education or a local
school board,
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)
The sworn statement described in Subsection
(7)(a)(i)
may not require a candidate
for an office on the State Board of Education or a local school board to state that the
candidate is seeking the nomination of a political party for that office.
(b)
(c)
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 local school district board; and
a candidate for a local
school board; and
(ii)
$50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
person holding the office for all other federal, state, and county offices.
(b)
Except for
presidential candidates
a presidential candidate
, the filing officer shall
refund the filing fee to
any
a
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 5. Section
20A-9-202
is amended to read:
20A-9-202
. Declarations of candidacy for regular general elections.
(1)
(a)
An individual seeking to become a candidate for an elective office that is to be
filled at the next regular general election shall:
(i)
except as provided in Subsection
(1)(c)
, file a declaration of candidacy in person
with the filing officer on or after January 1 of the regular general election year,
and, if applicable, before the individual circulates nomination petitions under
Section
20A-9-405
; and
(ii)
pay the filing fee.
(b)
Unless expressly provided otherwise in this title, for a registered political party that
is not a qualified political party, the deadline for filing a declaration of candidacy for
an elective office that is to be filled at the next regular general election is 5 p.m. on
the first Monday after the fourth Saturday in April.
(c)
Subject to Subsection
20A-9-201(7)(b)
20A-9-201(7)(c)
, an individual may
designate an agent to file a declaration of candidacy with the filing officer if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the filing officer;
(iii)
the individual communicates with the filing officer using an electronic device
that allows the individual and filing officer to see and hear each other; and
(iv)
the individual provides the filing officer with an email address to which the filing
officer may send the individual the copies described in Subsection
20A-9-201(5)
.
(d)
Each county clerk who receives a declaration of candidacy from a candidate for
multicounty office shall transmit the filing fee and a copy of the candidate's
declaration of candidacy to the lieutenant governor within one business day after the
candidate files the declaration of candidacy.
(e)
Each business day during the filing period, each county clerk shall notify the
lieutenant governor electronically or by telephone of candidates who have filed a
declaration of candidacy with the county clerk.
(f)
Each individual seeking the office of lieutenant governor, the office of district
attorney, or the office of president or vice president of the United States shall comply
with the specific declaration of candidacy requirements established by this section.
(2)
(a)
Each individual intending to become a candidate for the office of district attorney
within a multicounty prosecution district that is to be filled at the next regular general
election shall:
(i)
file a declaration of candidacy with the clerk designated in the interlocal
agreement creating the prosecution district on or after January 1 of the regular
general election year, and before the individual circulates nomination petitions
under Section
20A-9-405
; and
(ii)
pay the filing fee.
(b)
The designated clerk shall provide to the county clerk of each county in the
prosecution district a certified copy of each declaration of candidacy filed for the
office of district attorney.
(3)
(a)
Before the deadline described in Subsection
(1)(b)
, each lieutenant governor
candidate shall:
(i)
file a declaration of candidacy with the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from a candidate for governor who has received certification for
the primary-election ballot under Section
20A-9-403
that names the lieutenant
governor candidate as a joint-ticket running mate.
(b)
(i)
A candidate for lieutenant governor who fails to timely file is disqualified.
(ii)
If a candidate for lieutenant governor is disqualified, another candidate may file
to replace the disqualified candidate.
(4)
Before 5 p.m. no later than August 31, each registered political party shall:
(a)
certify the names of the political party's candidates for president and vice president of
the United States to the lieutenant governor; or
(b)
provide written authorization for the lieutenant governor to accept the certification of
candidates for president and vice president of the United States from the national
office of the registered political party.
(5)
(a)
A declaration of candidacy filed under this section is valid unless a written
objection is filed with the clerk or lieutenant governor no later than 5 p.m. on the last
business day that is at least 10 calendar days before the deadline described in
Subsection
20A-9-409(4)(c)
.
(b)
If an objection is made, the clerk or lieutenant governor shall:
(i)
mail or personally deliver notice of the objection to the affected candidate
immediately; and
(ii)
decide any objection within 48 hours after it is filed.
(c)
If the clerk or lieutenant governor sustains the objection, the candidate may cure the
problem by:
(i)
amending the declaration or petition no later than 5 p.m. on the first business day
that is at least three calendar days after the day on which the objection is
sustained; or
(ii)
filing a new declaration no later than 5 p.m. on the first business day that is at
least three calendar days after the day on which the objection is sustained.
(d)
(i)
The clerk's or lieutenant governor's decision upon objections to form is final.
(ii)
The clerk's or lieutenant governor's decision upon substantive matters is
reviewable by a district court if prompt application is made to the court.
(iii)
The decision of the district court is final unless the
Utah
Supreme Court, in the
exercise of its discretion, agrees to review the lower court decision.
(6)
Any person who filed a declaration of candidacy may withdraw as a candidate by filing
a written affidavit with the clerk.
(7)
(a)
Except for a candidate who is certified by a registered political party under
Subsection
(4)
, and except as provided in Section
20A-9-504
, before 5 p.m. no later
than August 31 of a general election year, each individual running as a candidate for
vice president of the United States shall:
(i)
file a declaration of candidacy, in person or via a designated agent, on a form
developed by the lieutenant governor, that:
(A)
contains the individual's name, address, and telephone number;
(B)
states that the individual meets the qualifications for the office of vice
president of the United States;
(C)
names the presidential candidate, who has qualified for the general election
ballot, with which the individual is running as a joint-ticket running mate;
(D)
states that the individual agrees to be the running mate of the presidential
candidate described in Subsection
(7)(a)(i)(C)
; and
(E)
contains any other necessary information identified by the lieutenant governor;
(ii)
pay the filing fee; and
(iii)
submit a letter from the presidential candidate described in Subsection
(7)(a)(i)(C)
that names the individual as a joint-ticket running mate as a vice
presidential candidate.
(b)
A designated agent described in Subsection
(7)(a)(i)
may not sign the declaration of
candidacy.
(c)
A vice presidential candidate who fails to meet the requirements described in this
Subsection
(7)
may not appear on the general election ballot.
(8)
An individual filing a declaration of candidacy for president or vice president of the
United States shall pay a filing fee of $500.
Section 6. Section
20A-9-403
is amended to read:
20A-9-403
. Regular primary elections.
(1)
(a)
Candidates for elective office that are to be filled at the next regular general
election shall be nominated in a regular primary election by direct vote of the people
in the manner prescribed in this section. The regular primary election is held on the
date specified in Section
20A-1-201.5
. Nothing in this section shall affect a
candidate's ability to qualify for a regular general election's ballot as an unaffiliated
candidate under Section
20A-9-501
or to participate in a regular general election as a
write-in candidate under Section
20A-9-601
.
(b)
Each registered political party that chooses to have the names of 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)
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)
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
shall
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
the State Board of Education and local school boards
to determine if
more than two candidates have filed for the same
seat
office
;
(ii)
place the
names of all candidates who have filed a declaration of candidacy for a
local board of education seat
name of each candidate who has filed a declaration
of candidacy for a State Board of Education or local school board office
on the
nonpartisan section of the ballot if more than two candidates have filed for the
same
seat
office
; and
(iii)
place the
local board of education
State Board of Education and local school
board
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
under Subsection
(5)(d)
and instructions
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
State Board of Education and
local school board positions listed on the primary ballot. The
polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
until 8 p.m. of the same day. Attest: county clerk."
(5)
(a)
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.
(a)
A candidate who receives the highest number of votes cast for an office in the regular
primary election is the nominee of the candidate's registered political party 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)
For a nonpartisan State Board of Education office or local school board office, the
two candidates who receive the highest number of votes cast for the office in the
regular primary election are nominated for that office.
(c)
(d)
(i)
As used in this Subsection
(5)(c)
(5)(d)
, 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
.
;
or
(C)
for a candidate for an office on the State Board of Education or a local school
board, only one other individual filed a declaration of candidacy for the same
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.
(iii)
A candidate who is unopposed for an office on the State Board of Education or a
local school board is nominated 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 7. Section
20A-9-406
is amended to read:
20A-9-406
. Qualified political party -- Requirements and exemptions.
The following provisions apply to a qualified political party:
(1)
the qualified political party shall, no later than 5 p.m. on the first Monday of October of
each odd-numbered year, certify to the lieutenant governor the identity of one or more
registered political parties whose members may vote for the qualified political party's
candidates and whether unaffiliated voters may vote for the qualified political party's
candidates;
(2)
the following provisions do not apply to a nomination for the qualified political party:
(a)
Subsections
20A-9-403(1)
through
(3)(b)
and Subsections
(3)(d)(ii)
20A-9-403(3)(d)(ii)
through
(4)(a)
;
(b)
Subsection
20A-9-403(5)(c)
20A-9-403(5)(d)
; and
(c)
Section
20A-9-405
;
(3)
an individual may only seek the nomination of the qualified political party by using a
method described in Section
20A-9-407
, Section
20A-9-408
, or both;
(4)
the qualified political party shall comply with the provisions of Sections
20A-9-407
,
20A-9-408
, and
20A-9-409
;
(5)
notwithstanding Subsection
20A-6-301(1)(a)
,
(1)(e)
, or
(2)(a)
, each election officer shall
ensure that a ballot described in Section
20A-6-301
includes each individual nominated
by a qualified political party:
(a)
under the qualified political party's name, if any; or
(b)
under the title of the qualified registered political party as designated by the qualified
political party in the certification described in Subsection
(1)
, or, if none is
designated, then under some suitable title;
(6)
notwithstanding Subsection
20A-6-302(1)(a)
, each election officer shall ensure, for
ballots in regular general elections, that each candidate who is nominated by the
qualified political party is listed by party;
(7)
notwithstanding Subsection
20A-6-304(1)(e)
, each election officer shall ensure that the
party designation of each candidate who is nominated by the qualified political party is
displayed adjacent to the candidate's name on a mechanical ballot;
(8)
"candidates for elective office," defined in Subsection
20A-9-101(1)(a)
, also includes an
individual who files a declaration of candidacy under Section
20A-9-407
or
20A-9-408

to run in a regular general election for a federal office, constitutional office, multicounty
office, or county office;
(9)
an individual who is nominated by, or seeking the nomination of, the qualified political
party is not required to comply with Subsection
20A-9-201(1)(c)
;
(10)
notwithstanding Subsection
20A-9-403(3)
, the qualified political party is entitled to
have each of the qualified political party's candidates for elective office appear on the
primary ballot of the qualified political party with an indication that each candidate is a
candidate for the qualified political party;
(11)
notwithstanding Subsection
20A-9-403(4)(a)
, the lieutenant governor shall include on
the list provided by the lieutenant governor to the county clerks:
(a)
the names of all candidates of the qualified political party for federal, constitutional,
multicounty, and county offices; and
(b)
the names of unopposed candidates for elective office who have been nominated by
the qualified political party and instruct the county clerks to exclude such candidates
from the primary-election ballot;
(12)
notwithstanding Subsection
20A-9-403(5)(c)
20A-9-403(5)(d)
, a candidate who is
unopposed for an elective office in the regular primary election of the qualified political
party is nominated by the party for that office without appearing on the primary ballot;
and
(13)
notwithstanding the provisions of Subsections
20A-9-403(1)
and
(2)
and Section
20A-9-405
, the qualified political party is entitled to have the names of its candidates for
elective office featured with party affiliation on the ballot at a regular general election.
Section 8. 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;
or
(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)
(v)
for a county office race, signatures of 3% of the registered voters who are
residents of the area permitted to vote for the county office and are permitted by
the qualified political party to vote for the qualified political party's candidates in
a primary election.
(9)
(a)
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
shall
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 9. Section
20A-11-1301
is amended to read:
20A-11-1301
. School board office -- Campaign finance requirements --
Candidate as a political action committee officer -- No personal use -- Contribution
reporting deadline -- Report other accounts -- Anonymous contributions.
(1)
(a)
(i)
Each school board office candidate shall deposit each contribution 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
.
(b)
A school board office candidate may not use money deposited in an account
described in Subsection
(1)(a)(i)
for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(c)
(i)
Each school board officeholder 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
.
(d)
A school board officeholder may not use money deposited in an account described in
Subsection
(1)(a)(i)
or
(1)(c)(i)
for:
(i)
a personal use expenditure; or
(ii)
an expenditure prohibited by law.
(2)
(a)
A school board office candidate may not deposit or mingle any contributions
received into a personal or business account.
(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 prohibited by law.
(4)
If a person who is no longer a school board office candidate chooses not to expend the
money remaining in a campaign account, the person shall continue to file the year-end
summary report required by Section
20A-11-1302
until the statement of dissolution and
final summary report required by Section
20A-11-1304
are filed with the lieutenant
governor.
(5)
(a)
Except as provided in Subsection
(5)(b)
and Section
20A-11-402
, a person who is
no longer a school board office candidate may not expend or transfer the money in a
campaign account in a manner that would cause the former school board office
candidate to recognize the money as taxable income under federal tax law.
(b)
A person who is no longer a school board office candidate may transfer the money in
a campaign account in a manner that would cause the former school board office
candidate to recognize the money as taxable income under federal tax law if the
transfer is made to a campaign account for federal office.
(6)
(a)
As used in this Subsection
(6)
, "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 school board office candidate shall
report to the chief election officer each contribution received by the school board
office candidate:
(i)
except as provided in Subsection
(6)(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 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)
(A)
the 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)
(B)
the 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 school board office candidate fails to report within the
time period described in Subsection
(6)(b)
, the chief election officer shall impose a
fine against the school board office candidate in an amount equal to:
(i)
10% of the amount of the contribution, if the school board office candidate reports
the contribution within 60 calendar days after the day on which the time period
described in Subsection
(6)(b)
ends; or
(ii)
20% of the amount of the contribution, if the 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)
ends.
(d)
The lieutenant governor may waive the fine described in Subsection
(6)(c)
and issue
a warning to the school board office candidate if:
(i)
the contribution that the school board office candidate fails to report is paid by the
school board office candidate from the school board office candidate's personal
funds;
(ii)
the school board office candidate has not previously violated Subsection
(6)(c)
in
relation to a contribution paid by the school board office candidate from the
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 school board office candidate not understanding that the
reporting requirement includes a contribution paid by a school board office
candidate from the school board office candidate's personal funds.
(e)
The chief election officer shall:
(i)
deposit money received under Subsection
(6)(c)
into the General Fund; and
(ii)
report on the chief election officer's website, in the location where reports relating
to each school board office candidate are available for public access:
(A)
each fine imposed by the chief election officer against the school board office
candidate;
(B)
the amount of the fine;
(C)
the amount of the contribution to which the fine relates; and
(D)
the date of the contribution.
(7)
Within 31 calendar days after the day on which a school board office candidate receives
a contribution that is cash or a negotiable instrument, exceeds $50, and is from an
unknown source, the 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)
(a)
As used in this Subsection
(8)
, "account" means an account in a financial
institution:
(i)
that is not described in Subsection
(1)(a)(i)
; and
(ii)
into which or from which a person who, as a candidate for an office, other than a
school board office for which the person files a declaration of candidacy or federal
office, or as a holder of an office, other than a school board office for which the
person files a declaration of candidacy or federal office, deposits a contribution or
makes an expenditure.
(b)
A school board office candidate shall include on any financial statement filed in
accordance with this part:
(i)
a contribution deposited in an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account; or
(ii)
an expenditure made from an account:
(A)
since the last campaign finance statement was filed; or
(B)
that has not been reported under a statute or ordinance that governs the
account.
Section 10. Section
20A-11-1303
is amended to read:
20A-11-1303
. School board office candidate and school board officeholder --
Financial reporting requirements -- Interim reports.
(1)
(a)
As used in this section, "received" means:
(i)
for a cash contribution, that the cash is given to a school board office candidate or
a member of the school board office candidate's personal campaign committee;
(ii)
for a contribution that is a check or other negotiable instrument, that the check or
other negotiable instrument is negotiated;
(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 school board office candidate or a member of the 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 school board office candidate or a member of the 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 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)
.
(c)
Except as provided in Subsection
(2)
, each school board office candidate shall file an
interim report at the following times in any year in which the candidate has filed a
declaration of candidacy for a public office:
(i)
May 15;
(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 school board office candidate is a school board office candidate seeking
appointment for a midterm vacancy, the 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
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 school board office candidate seeks nomination
meets to declare a nominee for the governor to appoint; or
(B)
if the 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)
(a)
shall file an interim report no later than three business days before the day on
which the Senate meets to consider the school board office candidate's nomination;
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 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 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 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 school board office candidate or
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 11. Section
20A-11-1305
is amended to read:
20A-11-1305
. School board office candidate -- Failure to file statement --
Penalties.
(1)
A school board office candidate who fails to file a financial statement by the deadline is
subject to a fine imposed in accordance with Section
20A-11-1005
.
(2)
If a school board office candidate fails to file an interim report described in Subsections
20A-11-1303(1)(c)(i)
through
(iv)
, the lieutenant governor may send an electronic notice
to the school board office candidate
and the political party of which the school board
office candidate is a member, if any, that states:
stating that:
(a)
that
the school board office candidate failed to timely file the report; and
(b)
that, if the school board office candidate fails to file the report within 24 hours after
the deadline for filing the report, the school board office candidate will be
disqualified and the political party will not be permitted to replace the candidate
the
school board office candidate will be disqualified if the school board office candidate
fails to file the report within 24 hours after the deadline for filing the report
.
(3)
(a)
The lieutenant governor shall disqualify a school board office candidate and
inform the county clerk and other appropriate election officials that the school board
office candidate is disqualified if the school board office candidate fails to file an
interim report described in Subsections
20A-11-1303(1)(c)(i)
through
(iv)
within 24
hours after the deadline for filing the report.
(b)
The political party of a school board office candidate who is disqualified under
Subsection
(3)(a)
may not replace the school board office candidate.
(4)
If a school board office candidate is disqualified under Subsection
(3)(a)
(3)
, the
election officer shall:
(a)
notify every opposing candidate for the school board office that the school board
office candidate is disqualified;
(b)
send an email notification to each voter who is eligible to vote in the school board
office race for whom the election officer has an email address informing the voter
that the school board office candidate is disqualified and that votes cast for the school
board office candidate will not be counted;
(c)
post notice of the disqualification on the election officer's website; and
(d)
if practicable, remove the school board 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 election officer's website to inform the voter
whether a candidate on the ballot is disqualified.
(6)
A school board office candidate is not disqualified if:
(a)
the school board office candidate files the reports described in Subsections
20A-11-1303(1)(c)(i)
through
(iv)
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 school board office candidate who is required to file a summary report has
filed the report; and
(ii)
each summary report contains the information required by this part.
(b)
If it appears that a school board office candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law,
or if the lieutenant governor has received a written complaint alleging a violation of
the law or the falsity of any summary report, the lieutenant governor shall, the first
business day that is at least five calendar days after the day on which the lieutenant
governor discovers the violation or receives the written complaint, notify the school
board office candidate of the violation or written complaint and direct the school
board office candidate to file a summary report correcting the problem.
(c)
(i)
It is unlawful for a school board office candidate to fail to file or amend a
summary report within seven calendar days after receiving the notice described in
Subsection

(7)(b)
from the lieutenant governor.
(ii)
Each school board 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 school board office
candidate who violates Subsection
(7)(c)(i)
.
Section 12. Section
20A-14-104.1
is amended to read:
20A-14-104.1
. State Board of Education -- Candidacy.
(1)
A person interested in becoming a candidate for the office of State Board of Education
member shall:
(a)
file a declaration of candidacy in accordance with
Sections
20A-9-201
and
20A-9-202
;
Section
20A-9-201
during the declaration of candidacy filing period
described in Section
20A-9-201.5
; or
(b)
file a certificate of nomination in accordance with Sections
20A-9-501
,
20A-9-502
,
and
20A-9-503
; or
(c)
(b)
seek placement on the ballot as a write-in candidate in accordance with
Sections
20A-9-601
and
20A-9-602
Section
20A-9-601
.
(2)
The office of State Board of Education member
may be filled by an individual running
as a member of a political party, as unaffiliated, or as a write-in candidate
is a
nonpartisan office
.
Section 13. Section
20A-14-202
is amended to read:
20A-14-202
. Local school boards -- Membership -- When elected --
Qualifications -- Avoiding conflicts of interest.
(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)
Beginning on January 1, 2023:
(i)
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)
, 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 board of education of a school district with a student population of 100,000 or
more students comprises nine members.
(e)
Student population is based on the October 1 student count submitted by districts to
the State Board of Education.
(f)
If the number of members of a local school board changes under Subsection
(1)(b)
,
(c)
, or
(d)
, the county or municipality, as applicable, shall redistrict and hold elections
as provided in Sections
20A-14-201
and
20A-14-203
.
(g)
Notwithstanding Subsections
(1)(a)
through
(d)
, a school district with a
seven-member or nine-member board does not decrease in size, regardless of
subsequent changes in student population.
(h)
(i)
Members of a local
board of education
school board
shall be elected at each
regular general election.
(ii)
Except as provided in Subsection
(1)(h)(iii)
, in a regular general election year:
(A)
no more than three members of a local
board of education
school board
may
be elected to a five-member board;
(B)
no more than four members of a local
board of education
school board
may
be elected to a seven-member board; and
(C)
no more than five members of a local
board of education
school board
may
be elected to a nine-member board.
(iii)
A number of members, in excess of the maximums described in Subsection
(1)(h)(ii)
, may be elected only when required due to redistricting, to fill a vacancy,
or to implement Subsections
(1)(b)
through
(d)
.
(i)
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
before
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
before
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.
Section 14. Section
20A-14-203
is amended to read:
20A-14-203
. Becoming a member of a local school board -- Declaration of
candidacy -- Election.
(1)
An individual may become a candidate for a local school board by:
(a)
filing a declaration of candidacy with the county clerk during the applicable
declaration of candidacy filing period described in Section
20A-9-201.5
; and
(b)
paying the fee described in Section
20A-9-202
20A-9-201
.
(2)
(a)
The term of office for an individual elected to a local
board of education
school
board
is four years, beginning on the first Monday in January after the election.
(b)
A member of a local
board of education
school board
shall serve until a successor is:
(i)
elected; or
(ii)
appointed and takes or signs the constitutional oath of office.
Section 15.
Effective Date.
This bill takes effect on
January 1, 2027
.
1-16-26 3:25 PM