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H.B. 366 Enrolled
AN ACT RELATING TO SPECIAL DISTRICTS; MODIFYING PROVISIONS RELATING TO
THE QUALIFICATIONS AND ELECTION OF SUPERVISORS OF SOIL
CONSERVATION DISTRICTS; AUTHORIZING SUPERVISORS TO DIVIDE
DISTRICT INTO VOTING AREAS; MODIFYING QUALIFICATIONS OF VOTERS
IN ELECTION OF SUPERVISORS; REQUIRING THE DEPARTMENT OF
AGRICULTURE TO PAY ELECTION EXPENSES; AND MAKING TECHNICAL
This act affects sections of Utah Code Annotated 1953 as follows:
17A-3-804, as renumbered and amended by Chapter 186, Laws of Utah 1990
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-3-804 is amended to read:
17A-3-804. Governing body of districts -- Candidates' qualifications -- Procedures
-- Termination of office upon consolidation, division, or termination -- New elections.
(1) (a) The governing body of each district shall be comprised of five supervisors elected
at large within the district.
(b) At least three of the supervisors shall be private agricultural land operators.
(c) The term of office for each supervisor shall be four years.
(d) If the supervisors divide the district into watershed voting areas under Subsection (5),
at least one supervisor must reside within each voting area.
(e) A vacancy that occurs in the office of a supervisor shall be filled by appointment by
the remaining supervisors for the unexpired term of the supervisor creating the vacancy.
(2) (a) The supervisors shall elect a chairman and other officers they consider necessary
from among their number.
(b) A simple majority of supervisors present at a duly called meeting shall constitute a
quorum for the transaction of official business. [
(c) Supervisors shall receive in the performance of their official duties compensation for
(3) Each candidate who stands for election to the office of district supervisor shall be
nominated by a nominating committee composed of [
(a) the [
(b) the [
USDA Farm Service Agency Committee;
(c) the [
chair is an incumbent who wishes to run for reelection; and
(d) the county agricultural extension [
(4) (a) The nominating committee shall nominate for each district election a slate of
candidates equal in number to at least one more than the number of supervisors to be elected.
(b) The commission shall, before each election, deliver to the nominating committee a copy
of the district's supervisor election voting list for the committee's review and approval.
(5) The district supervisors may divide the district into no more than three watershed voting
placed on the ballot upon the receipt of a petition, not later than [
(b) Each petition under Subsection (6)(a) shall:
(A) the candidate's name;
(B) that the candidate is over 18 years of age; and
(C) that the candidate is a resident of the district in which the election is to be held[
(ii) list the name, address, voting [
persons who are registered voters within the same district as the candidate.
(b) The commission shall:
(i) fix the date of election in each district which[
than six weeks after the date nominations close; and [
(ii) at least three weeks before the date scheduled for each election, publish notice of the
election in a newspaper or other [
each district where an election is to be held.
(c) The notice under Subsection (7)(b)(ii) shall:
(i) state the date of the election, the names of all candidates, and the fact that [
request forms may be obtained for the election by any [
commission offices or from such other place as the commission designates[
(ii) specify the address of the commission offices or [
according to surname, and a square shall appear before each name. A printed instruction to insert
number of persons to be elected[
by mail. [
(b) A person is eligible to vote if the person:
(i) is a registered voter residing in the district;
(ii) is a person who:
(A) owns or operates private agricultural land in the district; and
(B) (I) requests a ballot; or
(II) has voted in one of the last two district elections.
(c) (i) The commission and department shall establish and maintain a supervisor's election
mailing list for each district election.
(ii) The list under Subsection (9)(c)(i) shall contain the names and mailing addresses of all
persons eligible to vote under Subsection (9)(b).
(d) The commission shall mail a ballot to each person within a district where an election is
to be held who is listed on the [
supervisor's election mailing list [
(e) (i) Ballots shall be mailed not later than five days before the date set for election [
(ii) Each ballot shall specify the date after which ballots will not be accepted for purposes
of the election.
(f) The [
available and receiving the highest number of votes[
(g) The commission shall determine all questions of eligibility, certify the count and tally
(h) All expenses incident to the election shall be paid by the department for the commission.
of supervisors within [
commission shall proceed to wind up the affairs of a terminated district[
(b) If districts are consolidated, the commission shall merge the assets and liabilities of the
original districts into the newly created district[
(c) If a district is divided, the commission shall equitably divide the assets of the original
district between the newly created districts. [
(d) (i) A new election for supervisors shall be conducted in any divided or consolidated
(ii) In an election under Subsection (10)(d)(i), the commission shall:
(A) set the dates for nominations, election, and commencement of terms of office; and
(B) certify the results of the election.
(iii) The nominating committee shall select a slate of at least six candidates for an election
under Subsection (10)(d)(i). Nominations may also be made as provided under Subsection (6).
(iv) Notwithstanding Subsection (1)(c), the two candidates receiving the highest number of
votes at an election under Subsection (10)(d)(i) shall be elected to a four-year term, and the three
candidates receiving the next highest number of votes shall be elected to a two-year term.
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