H.B. 304

1

BOND ELECTION DATES
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: J. Morgan Philpot
5 This act modifies provisions on bond election dates by restricting the dates for bond
6 elections under the Utah Municipal Bond Act to regular and municipal primary and
7 general elections. This act amends provisions allowing for statewide and local special
8 elections to exclude bond or debt issues.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 11-14-3, as last amended by Chapter 270, Laws of Utah 2000
12 11-14-4, as last amended by Chapter 22, Laws of Utah 1999
13 11-14-7, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
14 20A-1-203, as last amended by Chapter 4, Laws of Utah 2002, Fifth Special Session
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 11-14-3 is amended to read:
17 11-14-3. Notice of election -- Contents -- Publication -- Mailing.
18 (1) (a) Notice of the election shall be published once a week during three consecutive
19 weeks in a newspaper designated in accordance with Section 11-14-21 , the first publication to
20 be not less than 21 nor more than 35 days before the election.
21 (b) If no official newspaper is designated, the notices shall be published in a newspaper
22 published in the municipality, or if no newspaper is published in the municipality, the notices
23 shall be published in a newspaper having general circulation in the municipality.
24 [(2) When the debt service on the bonds to be issued will increase the property tax
25 imposed upon the average value of a residence by an amount that is greater than or equal to $15
26 per year, the governing body shall, at least seven days but not more than 30 days before the
27 bond election, if the bond election is not held on the date of a regular primary election, a

28 municipal primary election, a regular general election, or a municipal general election, either
29 mail:]
30 [(a) written notice of the bond election on a minimum three inch by five inch postcard
31 to every household containing a registered voter who is eligible to vote on the bonds; or]
32 [(b) a voter information pamphlet prepared by the governing body, if one is prepared,
33 that includes the information required by Subsection (4).]
34 [(3)] (2) (a) Except as provided in Subsection [(3)] (2)(b), election notice given for any
35 bond election held in this state need not be posted by any persons.
36 (b) (i) In third class cities or towns where no newspaper is published, the governing
37 body may require that notice of a bond election be given by posting in lieu of the publication
38 requirements of Subsection (1).
39 (ii) When the governing body imposes a posting requirement, the city recorder, town
40 clerk, or other officer designated by the governing body shall post notice of the bond election in
41 at least five public places in the city or town at least 21 days before the election.
42 [(4)] (3) The printed, posted, and mailed notice required by this section shall identify:
43 (a) the date and place of the election;
44 (b) the hours during which the polls will be open; and
45 (c) the purpose for which the bonds are to be issued, the maximum amount of bonds to
46 be issued, and the maximum number of years to maturity of the bonds.
47 [(5)] (4) The governing body shall pay the costs associated with the printed, posted,
48 and mailed notice required by this section.
49 Section 2. Section 11-14-4 is amended to read:
50 11-14-4. Election procedure -- Time for election -- Equipment -- Election officials
51 -- Combining precincts.
52 (1) (a) The governing body shall:
53 (i) designate the voting places to be used;
54 (ii) fix the hours during which the polls are to be open, which, if the election is a
55 special election, shall be those provided by law for the conduct of regular general elections;
56 (iii) cause to be provided the necessary ballot boxes, ballots, paraphernalia, equipment,
57 and supplies needed for the election as determined by the governing body; and
58 (iv) unless the election officials to serve at each voting place are otherwise appointed

59 under the provisions of general law, appoint three election officials, who shall be qualified
60 electors of the municipality or other entity calling the election, to serve at each voting place.
61 (b) The governing body may appoint one or more alternate election officials to so serve
62 in case of the absence for any cause of the designated election officials.
63 (2) (a) (i) A bond election may be held and the proposition for the issuance of bonds
64 may be submitted at any [general,] regular primary[, or other] election [held in the municipality
65 or other entity calling the bond election, or at a special election called for the purpose],
66 municipal primary election, regular general election, or municipal general election.
67 (ii) A bond election may not be held, nor a proposition for issuance of bonds be
68 submitted, at the Western States Presidential Primary election established in Title 20A, Chapter
69 9, Part 8, Western States Presidential Primary.
70 [(b) A special election may, but need not, be held on the same day as any other
71 election.]
72 [(c) Where a bond election is being held on the same day as any other election held in
73 the municipality or entity calling the bond election or in some part of that municipality or
74 entity, the]
75 (b) The election officials serving for [the other] a primary or general election held in
76 the municipality may also serve as election officials for the bond election.
77 (3) (a) Voting precincts may be combined for purposes of bond elections.
78 (b) The governing body may designate whatever voting places that it considers best
79 suited, so long as no voter is required to vote outside the county in which he resides.
80 Section 3. Section 11-14-7 is amended to read:
81 11-14-7. Election -- Registration of voters -- Special registration not required --
82 Registration lists supplied by clerk.
83 (1) (a) There shall be no special registration of voters for a bond election and the
84 official register last made or revised shall constitute the register for [such] the bond election
85 [except that: (a) if the bond election is held on the same day as a general, special, primary, or
86 other election held in the municipality or other bond-issuing entity or in part of the
87 municipality or entity, all].
88 (b) All persons registered to vote in [such other] the applicable regular or municipal
89 primary or general election shall be considered registered to vote in the bond election[; and].

90 [(b) if the bond election is not to be held on the same day as any other election, the
91 county clerk of each county in which the municipality or entity is wholly or partly located shall
92 register at his office during regular office hours except Saturdays, Sundays, and holidays, and
93 except during the 20-day period immediately preceding the bond election, any person who on
94 the day of the bond election will be a qualified elector, such person to be registered in the same
95 manner as provided by law for registration by satellite registrars.]
96 (2) The county clerk of each county in which a municipality or entity holding the bond
97 election is located shall make registration lists or copies of [such] the lists available at each
98 polling place for use by registered electors entitled to use [such] the voting place.
99 (3) If the registration lists furnished include electors who do not reside within the
100 municipality or entity whose bonds are being voted upon, the county clerk or the municipality
101 or other entity shall cause to be indicated on the registration lists the names of the registered
102 electors who do not reside in [such] the municipality or entity, but the failure to so indicate or
103 any inaccuracy in [such] the indication [shall] may not be considered an irregularity or ground
104 for invalidating the bond election.
105 Section 4. Section 20A-1-203 is amended to read:
106 20A-1-203. Calling and purpose of special elections.
107 (1) Statewide and local special elections may be held for any purpose authorized by
108 law.
109 (2) (a) Statewide special elections shall be conducted using the procedure for regular
110 general elections.
111 (b) Except as otherwise provided in this title, local special elections shall be conducted
112 using the procedures for regular municipal elections.
113 (3) The governor may call a statewide special election by issuing an executive order
114 that designates:
115 (a) the date for the statewide special election; and
116 (b) the purpose for the statewide special election.
117 (4) The Legislature may call a statewide special election by passing a joint or
118 concurrent resolution that designates:
119 (a) the date for the statewide special election; and
120 (b) the purpose for the statewide special election.

121 (5) (a) The legislative body of a local political subdivision may call a local special
122 election only for:
123 [(i) a vote on a bond or debt issue;]
124 [(ii)] (i) a vote on a voted leeway program authorized by Section 53A-17a-133 or
125 53A-17a-134 ;
126 [(iii)] (ii) a referendum authorized by Title 20A, Chapter 7, Part 6;
127 [(iv)] (iii) an initiative authorized by Title 20A, Chapter 7, Part 5; or
128 [(v)] (iv) if required or authorized by federal law, a vote to determine whether or not
129 Utah's legal boundaries should be changed.
130 (b) The legislative body of a local political subdivision may call a local special election
131 by adopting an ordinance or resolution that designates:
132 (i) the date for the local special election; and
133 (ii) the purpose for the local special election.




Legislative Review Note
as of 2-17-03 8:02 AM

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

Office of Legislative Research and General Counsel