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SALT LAKE CITY — The Utah Senate gave preliminary approval Tuesday to a bill that would modify the election system for members of the Utah State Board of Education and many local school boards.
The current system, which uses a nominating committee to find candidates who are then chosen by the governor to be placed on the ballot, was ruled unconstitutional by U.S. District Judge Clark Waddoups in September because it lacked clarity, accountability and transparency.
Sen. Alvin Jackson, R-Highland, said SB104 seeks to restore accountability and to make school board election results more in line with community values.
"This piece of legislation attempts to bring some more accountability back to the parents as the school board should be accountable to the parents," Jackson said. "Right now, I'm hard pressed to say that it is."
The bill would make State School Board elections and elections for local school districts with 20,000 students or more a partisan process. Supporters of the bill say it would give voters a better idea of who to elect rather than voting for the first name that appears on the ballot out of unfamiliarity.
But some say the approach would further politicize Utah's education system.
"I am not sure where we came up with this as a solution, to make our local and our State School Board elections more political," said Sen. Jim Dabakis, D-Salt Lake City. "I just think this is going to be divisive."
Patti Harrington, associate executive director of the Utah School Boards Association, said local school boards should not be partisan because it would emphasize political whereabouts over local control and competence.
"Local school board candidates are well known by their constituents, both in rural and in urban Utah," Harrington said in a prepared statement. "Local school board candidates often walk door to door to talk with each constituent. They do not need further vetting by a narrow group of party delegates."
When asked how the bill would be affected by the Hatch Act, which forbids federal employees from participating in partisan elections, Jackson said it was still unclear. Such a restriction could prevent employees of Hill Air Force Base, land management agencies and other federal departments from running for school board office.
In light of Waddoups' ruling, the Legislature is considering several bills and joint resolutions to change the school board election system, ranging from partisan elections to appointment by the governor or local school boards.
SB104 passed its second Senate reading in a 21-7 vote and will be voted on again before going to the House. Email: mjacobsen@deseretnews.com Twitter: MorganEJacobsen
