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S.B. 91 Enrolled
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 [
(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 [
(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 [
(3) (a) Each elected officer of a municipality shall maintain residency within the boundaries
of the municipality during [
(b) If an elected officer of a municipality establishes [
provided in Section 20A-2-105 outside the municipality during [
office is automatically vacant.
(4) If an elected municipal officer is absent from the municipality any time during [
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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