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First Substitute H.B. 73

Representative Glenn Way proposes to substitute the following bill:


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DATES FOR BOND ELECTIONS

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Glenn Way

5    AN ACT RELATING TO BONDING; REQUIRING ALL BOND ELECTIONS TO BE HELD
6    ON SPECIFIED DATES; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
7    EFFECTIVE DATE.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         11-14-4, as last amended by Chapter 261, Laws of Utah 1996
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 11-14-4 is amended to read:
13         11-14-4. Election procedure -- Dates for bond elections.
14        [(1) (a) The governing body shall:]
15        [(i) designate the voting places to be used;]
16        [(ii) fix the hours during which the polls are to be open, which, if the election is a special
17    election, shall be those provided by law for the conduct of regular general elections;]
18        [(iii) cause to be provided the necessary ballot boxes, ballots, paraphernalia, equipment,
19    and supplies needed for the election as determined by the governing body; and]
20        [(iv) unless the election officials to serve at each voting place are otherwise appointed
21    under the provisions of general law, appoint three election officials, who shall be qualified electors
22    of the municipality or other entity calling the election, to serve at each voting place.]
23        [(b) The governing body may appoint one or more alternate election officials to so serve
24    in case of the absence for any cause of the designated election officials.]
25        (1) As used in this section:


1        (a) "Municipal general election" means the election held in municipalities and special
2    districts on the first Tuesday after the first Monday in November of each odd-numbered year.
3        (b) "Municipal primary election" means the election held on the first Tuesday following
4    the first Monday in October of each odd-numbered year, at which candidates for municipal office
5    are nominated.
6        (c) "Regular general election" means the election held throughout the state on the first
7    Tuesday after the first Monday in November of each even-numbered year.
8        (d) "Regular primary election" means the election on the fourth Tuesday of June of each
9    even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
10    nomination.
11        (2) (a) (i) A bond election may be held and the proposition for the issuance of bonds may
12    be submitted at any [general, primary, or other election held in the municipality or other entity
13    calling the bond election, or at a special election called for the purpose] regular general election,
14    regular primary election, municipal general election, or municipal primary election.
15        [(b) A special election may, but need not, be held on the same day as any other election.]
16        [(c) Where a bond election is being held on the same day as any other election held in the
17    municipality or entity calling the bond election or in some part of that municipality or entity, the]
18        (ii) The election officials serving for the other election [may also] shall serve as election
19    officials for the bond election.
20        (b) Notwithstanding Section 20A-1-204, a bond election may be held and the proposition
21    for the issuance of bonds may be submitted at a special election if it is:
22        (i) called according to the procedures and requirements of Section 20A-1-203; and
23        (ii) scheduled for the first Tuesday in March.
24        (3) (a) If the bond election is a special election, the governing body shall:
25        (i) designate the voting places to be used;
26        (ii) fix the hours during which the polls are to be open, which, if the election is a special
27    election, shall be those provided by law for the conduct of regular general elections;
28        (iii) cause to be provided the necessary ballot boxes, ballots, paraphernalia, equipment,
29    and supplies needed for the election as determined by the governing body; and
30        (iv) unless the election officials to serve at each voting place are otherwise appointed
31    under the provisions of general law, appoint three election officials, who shall be qualified electors

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1    of the municipality or other entity calling the election, to serve at each voting place.
2        (b) The governing body may:
3        (i) appoint one or more alternate election officials to serve in case of the absence for any
4    cause of the designated election officials;
5        [(3) (a)] (ii) [Voting precincts may be combined] combine voting precincts for purposes
6    of bond elections[.]; and
7        [(b)] (iii) [The governing body may] designate whatever voting places that it considers best
8    suited, so long as no voter is required to vote outside the county in which he resides.
9        Section 2. Effective date.
10        If approved by two-thirds of all the members elected to each house, this act takes effect
11    upon approval by the governor, or the day following the constitutional time limit of Utah
12    Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
13    date of veto override.

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