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S.B. 91
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6 AN ACT RELATING TO CITIES AND TOWNS; MODIFYING RESIDENCY
7 REQUIREMENTS FOR PERSONS SEEKING MUNICIPAL OFFICE; S CLARIFYING RESIDENCY
7a REQUIREMENTS IN A NEWLY INCORPORATED MUNICIPALITY; s AND MAKING
8 TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-3-301, as last amended by Chapters 1 and 21, Laws of Utah 1994
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 10-3-301 is amended to read:
14 10-3-301. Eligibility and residency requirements for elected municipal office.
15 (1) (a) A person filing a declaration of candidacy for a municipal office shall:
16 (i) have been a resident of the municipality in which the person seeks office for at least
17 [
18 (ii) meet the other requirements of Section 20A-9-203 .
19 (b) A person living in an area annexed to a municipality meets the residency requirement
20 of this subsection if that person resided within the area annexed to the municipality for at least [
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21a S (c) FOR PURPOSES OF DETERMINING WHETHER A PERSON MEETS THE RESIDENCY
21b REQUIREMENT OF SUBSECTION (1)(a)(i) IN A MUNICIPALITY THAT WAS INCORPORATED LESS
21c THAN 365 DAYS BEFORE THE ELECTION, THE MUNICIPALITY SHALL BE CONSIDERED TO HAVE
21d BEEN INCORPORATED 365 DAYS BEFORE THE ELECTION. s
22 (2) Any person elected to municipal office shall be a registered voter in the municipality
23 in which [
24 (3) (a) Each elected officer of a municipality shall maintain residency within the
25 boundaries of the municipality during [
26 (b) If an elected officer of a municipality establishes [
27 as provided in Section 20A-2-105 outside the municipality during [
28 the office is automatically vacant.
29 (4) If an elected municipal officer is absent from the municipality any time during [
30 the officer's term of office for a continuous period of more than 60 days without the consent of the
31 municipal legislative body, the municipal office is automatically vacant.
Legislative Review Note
as of 9-17-99 11:20 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.