“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 board members were elected through partisan caucuses, it would violate the “one person one vote” principle. At issue, in part, is whether school board members are actually employees. Last week, an attorney for the plaintiffs argued that by any reasonable definition, they were. “They are given salaries. They are given benefits. They are subject to some of the same penalties as ordinary employees. Administratively, they are certainly treated as employees,” attorney Alan Smith said in court.”