longer and longer, Stone also recognized how pressed he is to make a ruling before potential 2018 candidates decide whether they want to toss their hats into the ring.

"I am conscious of the urgency regarding this decision so we'll get something out quickly," Stone said from the bench before taking the matter under advisement. As of press time, no decision had been rendered.

A coterie made up of individuals and education organizations—including the Utah PTA, Utahns for Public Schools and ABU Education Fund—sued the state in June over SB78. The plaintiffs alleged that the law violates a section of the state constitution that bars "partisan tests or qualifications as a condition of employment in the state's education systems," the lawsuit states. Additionally, the plaintiffs argue that if school boardthat segment of the constitution wasn't to be applied to fair elections, he countered.

Finally, Roberts said, the constitution doesn't limit the Legislature's authority from creating an election framework that includes partisan races.

Smith argued that a 1950 amendment to the state constitution, which eliminated the election of a state school superintendent, was, in fact, an expressed limitation put on the legislature by Utah voters.

"You can't gainsay that history, Your Honor. It is crystal clear what they intended," he said, adding, "It's irrefutable that when the people of Utah went to the polls in 1950, they were taking politics out of schools."

A judge struck down Utah's prior practice in 2014 of having the governor select two school board candidates in each district from a pool narrowed by a committee. Then,