|
17B-1-306. Local district board -- Election procedures.
(1) Except as provided in Subsection (11), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election; and
(ii) at polling places designated by the county clerk in consultation with the local district
for each county in which the local district is located, which polling places shall coincide with
municipal general election polling places whenever feasible.
(b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one polling
place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) (a) The clerk of each local district with a board member position to be filled at the
next municipal general election shall provide notice of:
(i) each elective position of the local district to be filled at the next municipal general
election;
(ii) the constitutional and statutory qualifications for each position; and
(iii) the dates and times for filing a declaration of candidacy.
(b) The notice required under Subsection (3)(a) shall be:
(i) posted in at least five public places within the local district at least 10 days before the
first day for filing a declaration of candidacy; or
(ii) (A) published in a newspaper of general circulation within the local district at least
three but no more than 10 days before the first day for filing a declaration of candidacy; and
(B) published, in accordance with Section 45-1-101, for 10 days before the first day for
filing a declaration of candidacy.
(4) (a) To become a candidate for an elective local district board position, the prospective
candidate shall file a declaration of candidacy in person with the local district, during office
hours and not later than the close of normal office hours between June 1 and June 15 of any
odd-numbered year.
(b) When June 15 is a Saturday, Sunday, or holiday, the filing time shall be extended
until the close of normal office hours on the following regular business day.
(c) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those requirements.
(ii) If the prospective candidate does not meet the qualification requirements for the
office, the filing officer may not accept the declaration of candidacy.
(iii) If it appears that the prospective candidate meets the requirements of candidacy, the
filing officer shall accept the declaration of candidacy.
(d) The declaration of candidacy shall substantially comply with the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, State of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election, and I hereby
request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(e) Each person wishing to become a valid write-in candidate for an elective local district
board position is governed by Section 20A-9-601.
(f) If at least one person does not file a declaration of candidacy as required by this
section, a person shall be appointed to fill that board position by following the procedures and
requirements for appointment established in Section 20A-1-512.
(g) If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 20A-9-601, the board, in accordance with Section
20A-1-206, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(5) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds twice
the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election, as provided for in Section
20A-1-201.5; and
(ii) according to the procedures for municipal primary elections provided under Title
20A, Election Code.
(6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
candidate names to the clerk of each county in which the local district is located no later than
July 20 of the municipal election year.
(b) (i) Except as provided in Subsection (6)(c) and in accordance with Section
20A-6-305, the clerk of each county in which the local district is located shall coordinate the
placement of the name of each candidate for local district office in the nonpartisan section of the
municipal general election ballot with the municipal election clerk.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot is not feasible, the county clerk shall provide for a separate local district election
ballot to be administered by poll workers at polling locations designated under Subsection (2).
(c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board of
an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
prescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a
nonpartisan format.
(C) The name of each candidate shall be placed on the ballot in the order specified under
Section 20A-6-305.
(7) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(8) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(9) (a) A person elected to serve on a local district board shall serve a four-year term,
beginning at noon on the January 1 after the person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse the
county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear its own costs of each election it holds under this
section.
(11) This section does not apply to an improvement district that provides electric or gas
service.
(12) The provisions of Title 20A, Chapter 3, Part 6, Early Voting, do not apply to an
election under this section.
Amended by Chapter 40, 2011 General Session
Amended by Chapter 292, 2011 General Session
Amended by Chapter 327, 2011 General Session
Download Code Section Zipped WordPerfect 17B01_030600.ZIP 5,248 Bytes
|