S.B. 115 Enrolled

SPECIAL ELECTION DATES
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Curtis S. Bramble

LONG TITLE
General Description:
This bill modifies provisions related to special elections.
Highlighted Provisions:
This bill:
. requires local and statewide special elections to be held on either the first Tuesday
after the first Monday in November or the fourth Tuesday in June; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on November 1, 2004.
Utah Code Sections Affected:
AMENDS:
10-3-1203, as last amended by Chapter 178, Laws of Utah 2001
11-14-4, as last amended by Chapter 22, Laws of Utah 1999
17-3-1, as last amended by Chapter 227, Laws of Utah 1993
17-52-202, as last amended by Chapter 241, Laws of Utah 2001
17-52-203.5, as enacted by Chapter 241, Laws of Utah 2001
20A-1-204, as last amended by Chapter 22, Laws of Utah 1999
53A-16-110, as last amended by Chapter 326, Laws of Utah 1996

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-3-1203 is amended to read:

10-3-1203. Election requirements and procedure for organization under optional
form of government.
(1) A municipality may reorganize under any form of municipal government provided for
in this part or under Section 10-3-103 , 10-3-104 , 10-3-105 , or 10-3-106 , regardless of the city's
class under Section 10-2-301 .
(2) Reorganization under Subsection (1) shall be by approval of a majority of registered
voters of the municipality voting in a special election held for that purpose.
(3) (a) The proposal may be entered on the ballot by resolution passed by the governing
body of the municipality or by initiative as provided for in Title 20A, Chapter 7, Part 5, Local
Initiatives - Procedures.
(b) The resolution or petition shall state the number, method of election, and initial terms
of council members and shall specify the boundaries of districts substantially equal in population if
some or all council members are to be chosen from these districts.
(4) (a) The proposal shall be voted upon at a special election to be held not more than
twelve months after the resolution is passed or after receipt of a valid initiative petition.
[(b) The special election shall be held at least 90 days before or after regular municipal
elections.]
[(c)] (b) The ballot for the special election to adopt or reject one of the forms of
municipal government shall be in substantially the following form:
___________________________________________________________________________
Shall (name of municipality), Utah, adopt Yes
the (council-mayor) (council-manager)
(five-member commission) (three-member commission)
(six-member council) (five-member council) form of
municipal government? No
___________________________________________________________________________
Section 2. Section 11-14-4 is amended to read:
11-14-4. Election procedure -- Time for election -- Equipment -- Election officials _

- 2 -

Combining precincts.
(1) (a) The governing body shall:
(i) designate the voting places to be used;
(ii) fix the hours during which the polls are to be open, which, if the election is a special
election, shall be those provided by law for the conduct of regular general elections;
(iii) cause to be provided the necessary ballot boxes, ballots, paraphernalia, equipment,
and supplies needed for the election as determined by the governing body; and
(iv) unless the election officials to serve at each voting place are otherwise appointed
under the provisions of general law, appoint three election officials, who shall be qualified electors
of the municipality or other entity calling the election, to serve at each voting place.
(b) The governing body may appoint one or more alternate election officials to so serve in
case of the absence for any cause of the designated election officials.
(2) (a) (i) A bond election may be held and the proposition for the issuance of bonds may
be submitted at any general[, primary, or other] election held in the municipality or other entity
calling the bond election, or at a special election called for the purpose.
(ii) A bond election may not be held, nor a proposition for issuance of bonds be
submitted, at the Western States Presidential Primary election established in Title 20A, Chapter 9,
Part 8, Western States Presidential Primary.
(b) [A] The process for calling, the approved purpose, and the date of a special election
[may, but need not, be held on the same day as any other election] shall be governed by Sections
20A-1-203 and 20A-1-204 .
(c) Where a bond election is being held on the same day as any other election held in the
municipality or entity calling the bond election or in some part of that municipality or entity, the
election officials serving for the other election may also serve as election officials for the bond
election.
(3) (a) Voting precincts may be combined for purposes of bond elections.
(b) The governing body may designate whatever voting places that it considers best
suited, so long as no voter is required to vote outside the county in which he resides.

- 3 -

Section 3. Section 17-3-1 is amended to read:
17-3-1. By petition -- Election -- Ballots.
Whenever any number of the qualified electors of any portion of any county desire to have
the territory within which they reside created into a new county they may petition therefor the
county legislative body of the county in which they reside. Such petition must be signed by at
least 1/4 of the qualified electors as shown by the registration list of the last preceding general
election, residing in that portion of the county to be created into a new county, and by not less
than 1/4 of the qualified electors residing in the remaining portion of said county. Such petition
must be presented on or before the first Monday in May of any year, and shall propose the name
and define the boundaries of such new county. The county legislative body must cause the
proposition to be submitted to the legal voters residing in the county at a special election to be
held [in the month of July next following] according to the dates established in Section
20A-1-204 , first causing 30 days' notice of such election to be given in the manner provided by
law for giving notice of general elections. Such election shall be held, the result thereof
canvassed, and returns made under the provisions of the general election laws. The form of ballot
to be used at such election shall be:
For the creation of (supplying the name proposed) county.
Against the creation of (supplying the name proposed) county.
Section 4. Section 17-52-202 is amended to read:
17-52-202. County legislative body initiation of adoption of optional plan --
Procedure.
(1) A county legislative body may initiate the process of adopting an optional plan by
adopting a resolution to submit to the voters the question of whether a study committee should be
established as provided in Section 17-52-301 .
(2) Each resolution adopted under Subsection (1) shall require the question to be
submitted to the registered voters of the county [on one of the election dates specified in
Subsection 20A-1-204 (1)(a), as the county legislative body determines, no less than 90 days and
no more than 180 days] at the next special election scheduled pursuant to Section 20A-1-204

- 4 -

after adoption of the resolution under Subsection (1).
Section 5. Section 17-52-203.5 is amended to read:
17-52-203.5. Election to determine whether study committee should be established.
(1) The county legislative body shall hold an election under this section if:
(a) the county legislative body adopts a resolution under Subsection 17-52-202 (1); or
(b) a petition filed under Subsection 17-52-203 (1) is certified by the county clerk under
Subsection 17-52-203 (3).
(2) Each election under Subsection (1) shall be a special election, called and held [on one
of the election dates specified in Subsection 20A-1-204 (1)(a), as the county legislative body
determines, no less than 90 days and no more than 180 days] as required by Sections 20A-1-203
and 20A-1-204 after[, as the case may be]:
(a) adoption of a resolution under Subsection 17-52-202 (1); or
(b) certification of a petition under Subsection 17-52-203 (3).
(3) The county clerk shall prepare the ballot for each election under Subsection (1) with a
question that asks substantially as follows:
"Shall a study committee be appointed to consider and possibly recommend a change in
the form of government of _________________________ County?"
Section 6. Section 20A-1-204 is amended to read:
20A-1-204. Date of special election -- Legal effect.
(1) (a) The governor, Legislature, or the legislative body of a local political subdivision
calling a statewide special election or local special election under Section 20A-1-203 shall
schedule the special election to be held on:
[(i) the first Tuesday after the first Monday in February;]
[(ii) the first Tuesday after the first Monday in May;]
[(iii)] (i) the fourth Tuesday in June [in even-numbered years]; or
[(iv) the first Tuesday after the first Monday in August; or]
[(v)] (ii) the first Tuesday after the first Monday in November.
(b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative

- 5 -

body of a local political subdivision calling a statewide special election or local special election
under Section 20A-1-203 may not schedule a special election to be held on any other date.
(c) (i) Notwithstanding the requirements of Subsection (1)(b), the legislative body of a
local political subdivision may call a local special election on a date other than those specified in
this section if the legislative body:
(A) determines and declares that there is [an emergency] a disaster, as defined in Section
63-5-2 , requiring that a special election be held on a date other than the ones authorized in
statute;
(B) identifies specifically the nature of the [emergency] disaster, as defined in Section
63-5-2 , and the reasons for holding the special election on that other date; and
(C) votes unanimously to hold the special election on that other date.
(ii) The legislative body of a local political subdivision may not call a local special election
for the date established in Title 20A, Chapter 9, Part 8, Western States Presidential Primary, for
Utah's Western States Presidential Primary.
(d) Nothing in this section prohibits:
(i) the governor or Legislature from submitting a matter to the voters at the regular
general election if authorized by law; or
(ii) a local government from submitting a matter to the voters at the regular municipal
election if authorized by law.
(2) (a) [If two] Two or more entities shall comply with Subsection (2)(b) if those entities
hold a special election within a county on the same day[, those entities] as:
(i) another special election;
(ii) a regular general election; or
(iii) a municipal general election.
(b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
[(a)] (i) polling places;
[(b)] (ii) ballots;
[(c)] (iii) election officials; and

- 6 -

[(d)] (iv) other administrative and procedural matters connected with the election.
Section 7. Section 53A-16-110 is amended to read:
53A-16-110. Special tax to buy school building sites, build and furnish
schoolhouses, or improve school property.
(1) (a) [Prior to May 2 of any year, a] A local school board may, by following the process
for special elections established in Sections 20A-1-203 and 20A-1-204 , call a special election to
determine whether a special property tax should be levied for one or more years to buy building
sites, build and furnish schoolhouses, or improve the school property under its control.
(b) The tax may not exceed .2% of the taxable value of all taxable property in the district
in any one year.
(2) The board shall give reasonable notice of the election and follow the same procedure
used in elections for the issuance of bonds.
(3) If a majority of those voting on the proposition vote in favor of the tax, it is levied in
addition to those authorized under Sections 53A-17a-145 and 53A-21-103 and computed on the
valuation of the county assessment roll for that year.
(4) (a) Within 20 days after the election, the board shall certify the amount of the
approved tax to the governing body of the county in which the school district is located.
(b) The governing body shall acknowledge receipt of the certification and levy and collect
the special tax.
(c) It shall then distribute the collected taxes to the business administrator of the school
district at the end of each calendar month.
(5) The special tax becomes due and delinquent and attaches to and becomes a lien on
real and personal property at the same time as state and county taxes.
Section 8. Effective date.
This bill takes effect on November 1, 2004.

- 7 -