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H.B. 327

             1     

SPECIAL DISTRICT ELECTIONS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: David L. Gladwell

             5      AN ACT RELATING TO SPECIAL DISTRICTS; ESTABLISHING MODIFIED ELECTION
             6      PROCEDURES FOR IRRIGATION DISTRICT BOARD MEMBERS; AND MAKING
             7      TECHNICAL CHANGES.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          17A-1-305 (Effective 01/01/00), as last amended by Chapter 362, Laws of Utah 1998
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 17A-1-305 (Effective 01/01/00) is amended to read:
             13           17A-1-305 (Effective 01/01/00). Special district board -- Election procedures.
             14          (1) Except as provided in Subsection [(12)] (13), each elected board member shall be
             15      selected as provided in this section.
             16          (2) (a) Each election of a special district board member shall be held:
             17          (i) in conjunction with the regular general election; and
             18          (ii) at polling places designated by the clerk of each county in which the special district
             19      is located.
             20          (b) (i) Subject to Subsections (4)(e) and (f), the number of polling places under Subsection
             21      (2)(a)(ii) in an election of board members of an irrigation district established under Part 7,
             22      Irrigation Districts, shall be one polling place per division of the district, designated by the district
             23      board.
             24          (ii) Each polling place designated by an irrigation district board under Subsection (2)(b)(i)
             25      shall coincide with a polling place designated by the county clerk under Subsection (2)(a)(ii).
             26          (3) (a) The clerk of each special district with a board member position to be filled at the
             27      next regular general election shall provide notice of:


             28          (i) each elective position of the special district to be filled at the next regular general
             29      election;
             30          (ii) the constitutional and statutory qualifications for each position; and
             31          (iii) the dates and times for filing a declaration of candidacy.
             32          (b) The notice required under Subsection (3)(a) shall be:
             33          (i) posted in at least five public places within the special district at least ten days before
             34      the first day for filing a declaration of candidacy; or
             35          (ii) published in a newspaper of general circulation within the special district at least three
             36      but no more than ten days before the first day for filing a declaration of candidacy.
             37          (4) (a) To become a candidate for an elective special district board position, the
             38      prospective candidate shall file a declaration of candidacy in person with the special district, during
             39      office hours and not later than 5 p.m. between July 15 and August 15 of any even numbered year.
             40          (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
             41      on the following Monday.
             42          (c) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
             43      shall:
             44          [(i)] (A) read to the prospective candidate the constitutional and statutory qualification
             45      requirements for the office that the candidate is seeking; and
             46          [(ii)] (B) require the candidate to state whether or not the candidate meets those
             47      requirements[;].
             48          [(iii) if] (ii) If the prospective candidate does not meet the qualification requirements for
             49      the office, the filing officer may not accept the declaration of candidacy[; and].
             50          [(iv) if] (iii) If it appears that the prospective candidate meets the requirements of
             51      candidacy, the filing officer shall accept the declaration of candidacy.
             52          (d) (i) [The] Except as provided in Subsection (4)(d)(ii), the declaration of candidacy shall
             53      substantially comply with the following form:
             54          "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
             55      ____________, City of , County of , State of Utah, (Zip Code) ______, (Telephone Number, if
             56      any)____________; that I am a registered voter and qualified elector of the special district; that
             57      I am a candidate for the office of ____________(stating the term) to be voted upon at the
             58      November regular general election to be held on Tuesday, the ______ day of November, ____, and


             59      I hereby request that my name be printed upon the official ballot for that election.
             60          (Signed) _________________________________________
             61          Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
             62      ____________, ____.
             63          (Signed) ________________________
             64              (Clerk or Notary Public)"
             65          (ii) In a declaration of candidacy under Subsection (4)(d)(i) for an election of a board
             66      member of an irrigation district under Part 7, Irrigation Districts, the words "registered voter and"
             67      shall not be included.
             68          [(ii)] (e) If at least one person does not file a declaration of candidacy as required by this
             69      section, a person shall be appointed to fill that board position by following the procedures and
             70      requirements for appointment established in Section 20A-1-512 .
             71          (f) If only one candidate files a declaration of candidacy for a position on the board of an
             72      irrigation district established under Part 7, Irrigation Districts, the board need not hold an election
             73      for that position and may appoint that candidate to the board.
             74          (5) There shall be no primary election.
             75          (6) (a) [The] Except as provided in Subsection (6)(c), the special district clerk shall certify
             76      the candidate names to the clerk of each county in which the special district is located no later than
             77      August 20 of the regular general election year.
             78          (b) [The] Except as provided in Subsection (6)(c), the clerk of each county in which the
             79      special district is located shall list the name of each candidate for special district office in the
             80      nonpartisan section of the regular general election ballot as provided in Title 20A, Chapter 6, Part
             81      3, Regular General Election Ballots.
             82          (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board of
             83      an irrigation district established under Part 7, Irrigation Districts.
             84          (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
             85      prescribe the form of the ballot for each board member election.
             86          (B) Each ballot for an election of an irrigation district board member shall be in a
             87      nonpartisan format.
             88          (7) (a) Only qualified electors of the special district who are registered to vote and who
             89      are entitled to vote may vote.


             90          (b) Each voter may vote for as many candidates as there are offices to be filled.
             91          (c) The candidates who receive the highest number of votes are elected.
             92          (8) Except as otherwise provided by this section, the election of special district board
             93      members is governed by Title 20A, Election Code.
             94          (9) (a) A person elected to serve on a special district board shall serve a four-year term,
             95      beginning on the January 1 after the person's election.
             96          (b) A person elected shall be sworn in as soon as practical after January 1.
             97          (10) The term of a person serving on a special district board as of May 1, 2000, whose
             98      election falls on an odd-numbered year is extended one year so that the person's election will be
             99      on the next November election day in an even-numbered year.
             100          (11) (a) If the application of Subsection (10) causes a disproportionate number of elected
             101      and appointed terms to expire at the same time, or if for any other reason a disproportionate
             102      number of positions expire at the same time, a number of elected terms shall be extended to
             103      January 1 following the next regular general election, or, in the case of appointed terms, a number
             104      of appointed terms shall be extended to January 1 following the normal expiration of appointed
             105      terms, to equalize, to the extent possible, the number of board positions expiring at the same time.
             106          (b) The board member whose term is to be extended shall be determined by lot.
             107          (c) After this apportionment has taken place, all board terms shall be four years.
             108          (12) [Each] (a) Except as provided in Subsection (12)(b), each special district shall
             109      reimburse the county holding an election under this section for the costs of the election attributable
             110      to that special district.
             111          (b) Each irrigation district established under Part 7, Irrigation Districts, shall bear its own
             112      costs of each election it holds under this section.
             113          (13) This section does not apply to a county improvement district under Chapter 2, Part
             114      3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, that
             115      provides electric or gas service [or to an irrigation district under Chapter 2, Part 7, Irrigation
             116      Districts].





Legislative Review Note
    as of 2-15-99 3:41 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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