Title 20A Chapter 1 Section 204

Election Code
General Provisions
Section 204
Date of special election -- Legal effect.

            

20A-1-204.   Date of special election -- Legal effect.

            (1) (a) Except as provided by Subsection (1)(d), 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 fourth Tuesday in June;

            (ii) the first Tuesday after the first Monday in November; or

            (iii) for an election of town officers of a newly incorporated town under Section 10-2-128, on any date that complies with the requirements of that subsection.

            (b) Except as provided in Subsection (1)(c), 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 may not schedule a special election to be held on any other date.

            (c) (i) Notwithstanding the requirements of Subsection (1)(b) or (1)(d), 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 a disaster, as defined in Section 53-2a-102, requiring that a special election be held on a date other than the ones authorized in statute;

            (B) identifies specifically the nature of the disaster, as defined in Section 53-2a-102, 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 Chapter 9, Part 8, Western States Presidential Primary, for Utah's Western States Presidential Primary.

            (d) The legislative body of a local political subdivision may only call a special election for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after the first Monday in November.

            (e) 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) Two or more entities shall comply with Subsection (2)(b) if those entities hold a special election within a county on the same day 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:

            (i) polling places;

            (ii) ballots;

            (iii) election officials; and

            (iv) other administrative and procedural matters connected with the election.


Amended by Chapter 295, 2013 General Session

Amended by Chapter 415, 2013 General Session