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H.B. 396
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6 AN ACT RELATING TO SPECIAL DISTRICTS; MOVING THE ELECTION FOR SPECIAL
7 DISTRICT OFFICERS FROM THE REGULAR GENERAL ELECTION DATE TO THE
8 MUNICIPAL GENERAL ELECTION DATE; MODIFYING COUNTY CLERK DUTIES WITH
9 RESPECT TO SPECIAL DISTRICT ELECTION; AND MAKING TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 17A-1-304, as repealed and reenacted by Chapter 362, Laws of Utah 1998
13 17A-1-305, as last amended by Chapters 21 and 360, Laws of Utah 1999
14 20A-1-201, as last amended by Chapter 362, Laws of Utah 1998
15 20A-1-202, as last amended by Chapter 362, Laws of Utah 1998
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 17A-1-304 is amended to read:
18 17A-1-304. Notice of offices to be filled.
19 On or before February 1 of each [
20 special district shall prepare and transmit to the clerk of each county in which any part of the
21 district is located a written notice that:
22 (1) designates the offices to be filled at that year's [
23 (2) identifies the dates for filing a declaration of candidacy for those offices.
24 Section 2. Section 17A-1-305 is amended to read:
25 17A-1-305. Special district board -- Election procedures.
26 (1) Except as provided in Subsection [
27 selected as provided in this section.
28 (2) (a) Each election of a special district board member shall be held:
29 (i) in conjunction with the [
30 (ii) at polling places designated by the clerk of each county in which the special district
31 is located.
32 (b) (i) Subject to Subsections (4)(e) and (f), the number of polling places under Subsection
33 (2)(a)(ii) in an election of board members of an irrigation district established under Part 7,
34 Irrigation Districts, shall be one polling place per division of the district, designated by the district
35 board.
36 (ii) Each polling place designated by an irrigation district board under Subsection (2)(b)(i)
37 shall coincide with a polling place designated by the county clerk under Subsection (2)(a)(ii).
38 (3) (a) The clerk of each special district with a board member position to be filled at the
39 next [
40 (i) each elective position of the special district to be filled at the next [
41 general election;
42 (ii) the constitutional and statutory qualifications for each position; and
43 (iii) the dates and times for filing a declaration of candidacy.
44 (b) The notice required under Subsection (3)(a) shall be:
45 (i) posted in at least five public places within the special district at least ten days before
46 the first day for filing a declaration of candidacy; or
47 (ii) published in a newspaper of general circulation within the special district at least three
48 but no more than ten days before the first day for filing a declaration of candidacy.
49 (4) (a) To become a candidate for an elective special district board position, the
50 prospective candidate shall file a declaration of candidacy in person with the special district, during
51 office hours and not later than 5 p.m. between July 15 and August 15 of any [
52 year.
53 (b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
54 on the following Monday.
55 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
56 shall:
57 (A) read to the prospective candidate the constitutional and statutory qualification
58 requirements for the office that the candidate is seeking; and
59 (B) require the candidate to state whether or not the candidate meets those requirements.
60 (ii) If the prospective candidate does not meet the qualification requirements for the office,
61 the filing officer may not accept the declaration of candidacy.
62 (iii) If it appears that the prospective candidate meets the requirements of candidacy, the
63 filing officer shall accept the declaration of candidacy.
64 (d) (i) Except as provided in Subsection (4)(d)(ii), the declaration of candidacy shall
65 substantially comply with the following form:
66 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
67 ____________, City of , County of , State of Utah, (Zip Code) ______, (Telephone Number, if
68 any)____________; that I am a registered voter and qualified elector of the special district; that
69 I am a candidate for the office of ____________(stating the term) to be voted upon at the
70 November [
71 November, ____, and I hereby request that my name be printed upon the official ballot for that
72 election.
73 (Signed) _________________________________________
74 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
75 ____________, ____.
76 (Signed) ________________________
77 (Clerk or Notary Public)"
78 (ii) In a declaration of candidacy under Subsection (4)(d)(i) for an election of a board
79 member of an irrigation district under Part 7, Irrigation Districts, the words "registered voter and"
80 shall not be included.
81 (e) If at least one person does not file a declaration of candidacy as required by this section,
82 a person shall be appointed to fill that board position by following the procedures and requirements
83 for appointment established in Section 20A-1-512 .
84 (f) If only one candidate files a declaration of candidacy for a position on the board of an
85 irrigation district established under Part 7, Irrigation Districts, the board need not hold an election
86 for that position and may appoint that candidate to the board.
87 (5) There shall be no primary election.
88 (6) (a) Except as provided in Subsection (6)(c), the special district clerk shall certify the
89 candidate names to the clerk of each county in which the special district is located no later than
90 August 20 of the [
91 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
92 special district is located shall [
93 special district office in the nonpartisan section of the [
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95 election clerk.
96 (ii) If consolidation of the special district election ballot with the municipal general
97 election ballot is not h [
97a district election
98 ballot to be administered by separate election judges at h [
98a
99 general election
99a DISTRICT h .
100 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board of
101 an irrigation district established under Part 7, Irrigation Districts.
102 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
103 prescribe the form of the ballot for each board member election.
104 (B) Each ballot for an election of an irrigation district board member shall be in a
105 nonpartisan format.
106 (7) (a) (i) Except as provided in Subsection (7)(a)(ii), only qualified electors of the special
107 district who are registered to vote and who are entitled to vote may vote.
108 (ii) Each voter at an election for a board member of an irrigation district established under
109 Part 7, Irrigation Districts, shall meet the requirements to vote established by the district.
110 (b) Each voter may vote for as many candidates as there are offices to be filled.
111 (c) The candidates who receive the highest number of votes are elected.
112 (8) Except as otherwise provided by this section, the election of special district board
113 members is governed by Title 20A, Election Code.
114 (9) (a) A person elected to serve on a special district board shall serve a four-year term,
115 beginning on the January 1 after the person's election.
116 (b) A person elected shall be sworn in as soon as practical after January 1.
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129 reimburse the county holding an election under this section for the costs of the election attributable
130 to that special district.
131 (b) Each irrigation district established under Part 7, Irrigation Districts, shall bear its own
132 costs of each election it holds under this section.
133 [
134 Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, that
135 provides electric or gas service.
136 Section 3. Section 20A-1-201 is amended to read:
137 20A-1-201. Date and purpose of regular general elections.
138 (1) A regular general election shall be held throughout the state on the first Tuesday after
139 the first Monday in November of each even-numbered year.
140 (2) At the regular general election, the voters shall:
141 (a) choose persons to serve the terms established by law for the following offices:
142 (i) electors of President and Vice President of the United States;
143 (ii) United States Senators;
144 (iii) Representatives to the United States Congress;
145 (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
146 (v) senators and representatives to the Utah Legislature;
147 (vi) county officers;
148 (vii) State School Board members;
149 (viii) local school board members; and
150 (ix) any elected judicial officers; and
151 [
152 (b) approve or reject:
153 (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
154 under procedures established in the Utah Code;
155 (ii) any proposed initiatives or referenda that have qualified for the ballot under procedures
156 established in the Utah Code; and
157 (iii) any other ballot propositions submitted to the voters that are authorized by the Utah
158 Code.
159 Section 4. Section 20A-1-202 is amended to read:
160 20A-1-202. Date and purpose of local elections.
161 (1) A municipal general election shall be held in municipalities and special districts on the
162 first Tuesday after the first Monday in November of each odd-numbered year.
163 (2) At the municipal general election, the voters shall:
164 (a) (i) choose persons to serve as municipal officers; and
165 (ii) choose persons to serve as special district officers; and
166 (b) approve or reject:
167 (i) any proposed initiatives or referenda that have qualified for the ballot as provided by
168 law; and
169 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
170 Code.
Legislative Review Note
as of 2-10-00 12:13 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.