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S.B. 91 Enrolled

                 

MUNICIPAL CANDIDACY RESIDENCY AMENDMENT

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Terry R. Spencer

                  AN ACT RELATING TO CITIES AND TOWNS; MODIFYING RESIDENCY
                  REQUIREMENTS FOR PERSONS SEEKING MUNICIPAL OFFICE; CLARIFYING
                  RESIDENCY REQUIREMENTS IN A NEWLY INCORPORATED MUNICIPALITY; AND
                  MAKING TECHNICAL CHANGES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      10-3-301, as last amended by Chapters 1 and 21, Laws of Utah 1994
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 10-3-301 is amended to read:
                       10-3-301. Eligibility and residency requirements for elected municipal office.
                      (1) (a) A person filing a declaration of candidacy for a municipal office shall:
                      (i) have been a resident of the municipality in which the person seeks office for at least [one
                  year] 365 consecutive days immediately before the date of the election; and
                      (ii) meet the other requirements of Section 20A-9-203 .
                      (b) A person living in an area annexed to a municipality meets the residency requirement
                  of this subsection if that person resided within the area annexed to the municipality for at least [one
                  year] 365 consecutive days before the date of the election.
                      (c) For purposes of determining whether a person meets the residency requirement of
                  Subsection (1)(a)(i) in a municipality that was incorporated less than 365 days before the election,
                  the municipality shall be considered to have been incorporated 365 days before the election.
                      (2) Any person elected to municipal office shall be a registered voter in the municipality in
                  which [he] the person was elected.
                      (3) (a) Each elected officer of a municipality shall maintain residency within the boundaries
                  of the municipality during [his] the officer's term of office.
                      (b) If an elected officer of a municipality establishes [his] a principal place of residence as


                  provided in Section 20A-2-105 outside the municipality during [his] the officer's term of office, the
                  office is automatically vacant.
                      (4) If an elected municipal officer is absent from the municipality any time during [his] the
                  officer's term of office for a continuous period of more than 60 days without the consent of the
                  municipal legislative body, the municipal office is automatically vacant.

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