H.B. 396 Enrolled

CHANGE OF DATE OF SPECIAL DISTRICT ELECTION
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Sheryl L. Allen
AN ACT RELATING TO SPECIAL DISTRICTS; MOVING THE ELECTION FOR SPECIAL
DISTRICT OFFICERS FROM THE REGULAR GENERAL ELECTION DATE TO THE
MUNICIPAL GENERAL ELECTION DATE; MODIFYING COUNTY CLERK DUTIES WITH
RESPECT TO SPECIAL DISTRICT ELECTION; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-1-304, as repealed and reenacted by Chapter 362, Laws of Utah 1998
17A-1-305, as last amended by Chapters 21 and 360, Laws of Utah 1999
20A-1-201, as last amended by Chapter 362, Laws of Utah 1998
20A-1-202, as last amended by Chapter 362, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-1-304 is amended to read:
17A-1-304. Notice of offices to be filled.
On or before February 1 of each [regular general] municipal election year, the board of each
special district shall prepare and transmit to the clerk of each county in which any part of the district
is located a written notice that:
(1) designates the offices to be filled at that year's [regular] municipal general election; and
(2) identifies the dates for filing a declaration of candidacy for those offices.
Section 2. Section 17A-1-305 is amended to read:
17A-1-305. Special district board -- Election procedures.
(1) Except as provided in Subsection [(13)] (11), each elected board member shall be
selected as provided in this section.
(2) (a) Each election of a special district board member shall be held:
(i) in conjunction with the [regular] municipal general election; and
(ii) at polling places designated by the clerk of each county in which the special district is

located.
(b) (i) Subject to Subsections (4)(e) and (f), the number of polling places under Subsection
(2)(a)(ii) in an election of board members of an irrigation district established under Chapter 2, Part
7, Irrigation Districts, shall be one polling place per division of the district, designated by the district
board.
(ii) Each polling place designated by an irrigation district board under Subsection (2)(b)(i)
shall coincide with a polling place designated by the county clerk under Subsection (2)(a)(ii).
(3) (a) The clerk of each special district with a board member position to be filled at the next
[regular] municipal general election shall provide notice of:
(i) each elective position of the special district to be filled at the next [regular] municipal
general election;
(ii) the constitutional and statutory qualifications for each position; and
(iii) the dates and times for filing a declaration of candidacy.
(b) The notice required under Subsection (3)(a) shall be:
(i) posted in at least five public places within the special district at least ten days before the
first day for filing a declaration of candidacy; or
(ii) published in a newspaper of general circulation within the special district at least three but
no more than ten days before the first day for filing a declaration of candidacy.
(4) (a) To become a candidate for an elective special district board position, the prospective
candidate shall file a declaration of candidacy in person with the special district, during office hours
and not later than 5 p.m. between July 15 and August 15 of any [even] odd-numbered year.
(b) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
on the following Monday.
(c) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
shall:
(A) read to the prospective candidate the constitutional and statutory qualification
requirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those requirements.

- 2 -

(ii) If the prospective candidate does not meet the qualification requirements for the office,
the filing officer may not accept the declaration of candidacy.
(iii) If it appears that the prospective candidate meets the requirements of candidacy, the filing
officer shall accept the declaration of candidacy.
(d) (i) Except as provided in Subsection (4)(d)(ii), the declaration of candidacy shall
substantially comply with the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of , County of , State of Utah, (Zip Code) ______, (Telephone Number, if
any)____________; that I am a registered voter and qualified elector of the special district; that I am
a candidate for the office of ____________(stating the term) to be voted upon at the November
[regular] municipal general election to be held on Tuesday, the ______ day of November, ____, and
I hereby request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(ii) In a declaration of candidacy under Subsection (4)(d)(i) for an election of a board member
of an irrigation district under Chapter 2, Part 7, Irrigation Districts, the words "registered voter and"
shall not be included.
(e) If at least one person does not file a declaration of candidacy as required by this section,
a person shall be appointed to fill that board position by following the procedures and requirements
for appointment established in Section 20A-1-512 .
(f) If only one candidate files a declaration of candidacy for a position on the board of an
irrigation district established under Chapter 2, Part 7, Irrigation Districts, the board need not hold an
election for that position and may appoint that candidate to the board.
(5) There shall be no primary election.
(6) (a) Except as provided in Subsection (6)(c), the special district clerk shall certify the

- 3 -

candidate names to the clerk of each county in which the special district is located no later than
August 20 of the [regular general] municipal election year.
(b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the special
district is located shall [list] coordinate the placement of the name of each candidate for special
district office in the nonpartisan section of the [regular] municipal general election ballot [as provided
in Title 20A, Chapter 6, Part 3, Regular General Election Ballots] with the municipal election clerk.
(ii) If consolidation of the special district election ballot with the municipal general election
ballot is not feasible, the county clerk shall provide for a separate special district election ballot to be
administered by separate election judges at polling locations designated by the county clerk in
consultation with the special district.
(c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board of an
irrigation district established under Chapter 2, Part 7, Irrigation Districts.
(ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall prescribe
the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a nonpartisan
format.
(7) (a) (i) Except as provided in Subsection (7)(a)(ii), only qualified electors of the special
district who are registered to vote and who are entitled to vote may vote.
(ii) Each voter at an election for a board member of an irrigation district established under
Chapter 2, Part 7, Irrigation Districts, shall meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(8) Except as otherwise provided by this section, the election of special district board
members is governed by Title 20A, Election Code.
(9) (a) A person elected to serve on a special district board shall serve a four-year term,
beginning on the January 1 after the person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
[(10) The term of a person serving on a special district board as of May 1, 2000, whose

- 4 -

election falls on an odd-numbered year is extended one year so that the person's election will be on
the next November election day in an even-numbered year.]
[(11) (a) If the application of Subsection (10) causes a disproportionate number of elected
and appointed terms to expire at the same time, or if for any other reason a disproportionate number
of positions expire at the same time, a number of elected terms shall be extended to January 1
following the next regular general election, or, in the case of appointed terms, a number of appointed
terms shall be extended to January 1 following the normal expiration of appointed terms, to equalize,
to the extent possible, the number of board positions expiring at the same time.]
[(b) The board member whose term is to be extended shall be determined by lot.]
[(c) After this apportionment has taken place, all board terms shall be four years.]
[(12)] (10) (a) Except as provided in Subsection [(12)] (10)(b), each special district shall
reimburse the county holding an election under this section for the costs of the election attributable
to that special district.
(b) Each irrigation district established under Chapter 2, Part 7, Irrigation Districts, shall bear
its own costs of each election it holds under this section.
[(13)] (11) This section does not apply to a county improvement district under Chapter 2,
Part 3, County Improvement Districts for Water, Sewerage, Flood Control, Electric and Gas, that
provides electric or gas service.
Section 3. Section 20A-1-201 is amended to read:
20A-1-201. Date and purpose of regular general elections.
(1) A regular general election shall be held throughout the state on the first Tuesday after the
first Monday in November of each even-numbered year.
(2) At the regular general election, the voters shall:
(a) choose persons to serve the terms established by law for the following offices:
(i) electors of President and Vice President of the United States;
(ii) United States Senators;
(iii) Representatives to the United States Congress;
(iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;

- 5 -

(v) senators and representatives to the Utah Legislature;
(vi) county officers;
(vii) State School Board members;
(viii) local school board members; and
(ix) any elected judicial officers; and
[(x) special district officers; and]
(b) approve or reject:
(i) any proposed amendments to the Utah Constitution that have qualified for the ballot under
procedures established in the Utah Code;
(ii) any proposed initiatives or referenda that have qualified for the ballot under procedures
established in the Utah Code; and
(iii) any other ballot propositions submitted to the voters that are authorized by the Utah
Code.
Section 4. Section 20A-1-202 is amended to read:
20A-1-202. Date and purpose of local elections.
(1) A municipal general election shall be held in municipalities and special districts on the first
Tuesday after the first Monday in November of each odd-numbered year.
(2) At the municipal general election, the voters shall:
(a) (i) choose persons to serve as municipal officers; and
(ii) choose persons to serve as special district officers; and
(b) approve or reject:
(i) any proposed initiatives or referenda that have qualified for the ballot as provided by law;
and
(ii) any other ballot propositions submitted to the voters that are authorized by the Utah
Code.


- 6 -