20A-14-103.  State Board of Education members — Term — Requirements.

(1)  Unless otherwise provided by law and except as provided in Subsection (2):

Terms Used In Utah Code 20A-14-103

  • Board: means the State Board of Education. See Utah Code 20A-14-101.1
  • 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. See Utah Code 20A-1-102
  • Person: means :Utah Code 68-3-12.5
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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 book. See Utah Code 20A-1-102
(a)  voters in the following districts, as designated in the Senate block equivalency file, shall elect a State Board of Education member for a term of four years:

(i)  at the 2022 General Election, State Board of Education Districts 1, 2, 4, 5, 8, 11, and 14; and

(ii)  at the 2024 General Election, State Board of Education Districts 3, 6, 7, 9, 10, 12, 13, and 15; and

(b)  a State Board of Education member representing a district described in Subsection (1)(a)(ii) on November 16, 2021, shall represent the realigned district, if the State Board of Education member resides in the realigned district, for a term of office that ends January 6, 2025.

(2) 

(a)  As used in this Subsection (2), “District 6” means District 6 as designated in the Senate block equivalency file.

(b)  If one of the incumbent State Board of Education members from District 6 files written notice with the lieutenant governor by close of business on January 3, 2022, that the member will not seek election to the State Board of Education from District 6:

(i)  the filing incumbent member may serve until January 2, 2023, in representation of the district to which the member was elected at the 2020 General Election; and

(ii)  the other incumbent member from District 6 shall serve out the term for which the member was elected, in representation of District 6, which is until January 6, 2025.

(c)  If neither or both incumbent State Board of Education members in District 6 file the written notice described in Subsection (2)(b):

(i)  the incumbent members may serve until January 2, 2023, in representation of the district to which the members were elected at the 2020 General Election;

(ii)  the lieutenant governor shall designate District 6 as an office to be filled in the 2022 General Election in the notice of election required by Section 20A-5-101;

(iii)  the State Board of Education member elected from District 6 at the 2022 General Election shall be elected to serve a term of office of two years; and

(iv)  the State Board of Education member elected from District 6 at the 2024 General Election shall be elected to serve a term of office of four years.

(3) 

(a)  A person seeking election to the State Board of Education shall have been a resident of the State Board of Education district in which the person is seeking election for at least one year as of the date of the election.

(b)  A person who has resided within the State Board of Education district, as the boundaries of the district exist on the date of the election, for one year immediately preceding the date of the election shall be considered to have met the requirements of this Subsection (3).

(4)  A State Board of Education member shall:

(a)  be and remain a registered voter in the State Board of Education district from which the member was elected or appointed; and

(b)  maintain the member’s primary residence within the State Board of Education district from which the member was elected or appointed during the member’s term of office.

(5)  A State Board of Education member may not, during the member’s term of office, also serve as an employee of the State Board of Education.

Amended by Chapter 10, 2021 Special Session 2