H.B. 44 Enrolled

1

DECLARATION OF CANDIDACY REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Glenn A. Donnelson
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill modifies election provisions in Title 17B, Limited Purpose Entities - Local
10 Districts.
11 Highlighted Provisions:
12 This bill:
13 . changes the dates for filing a declaration of candidacy for local district board
14 positions to be consistent with the filing dates required for municipal office
15 candidates.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 17B-1-306, as renumbered and amended by Laws of Utah 2007, Chapter 329
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17B-1-306 is amended to read:
26 17B-1-306. Local district board -- Election procedures.
27 (1) Except as provided in Subsection (11), each elected board member shall be selected
28 as provided in this section.
29 (2) (a) Each election of a local district board member shall be held:

30 (i) in conjunction with the municipal general election; and
31 (ii) at polling places designated by the clerk of each county in which the local district is
32 located.
33 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
34 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one polling
35 place per division of the district, designated by the district board.
36 (ii) Each polling place designated by an irrigation district board under Subsection
37 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
38 (2)(a)(ii).
39 (3) (a) The clerk of each local district with a board member position to be filled at the
40 next municipal general election shall provide notice of:
41 (i) each elective position of the local district to be filled at the next municipal general
42 election;
43 (ii) the constitutional and statutory qualifications for each position; and
44 (iii) the dates and times for filing a declaration of candidacy.
45 (b) The notice required under Subsection (3)(a) shall be:
46 (i) posted in at least five public places within the local district at least ten days before
47 the first day for filing a declaration of candidacy; or
48 (ii) published in a newspaper of general circulation within the local district at least three
49 but no more than ten days before the first day for filing a declaration of candidacy.
50 (4) (a) To become a candidate for an elective local district board position, the
51 prospective candidate shall file a declaration of candidacy in person with the local district,
52 during office hours and not later than 5 p.m. between July [15] 1 and [August] July 15 of any
53 odd-numbered year.
54 (b) When [August] July 15 is a Saturday [or], Sunday, or holiday, the filing time shall
55 be extended until 5 p.m. on the following [Monday] regular business day.
56 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing officer
57 shall:

58 (A) read to the prospective candidate the constitutional and statutory qualification
59 requirements for the office that the candidate is seeking; and
60 (B) require the candidate to state whether or not the candidate meets those
61 requirements.
62 (ii) If the prospective candidate does not meet the qualification requirements for the
63 office, the filing officer may not accept the declaration of candidacy.
64 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
65 the filing officer shall accept the declaration of candidacy.
66 (d) The declaration of candidacy shall substantially comply with the following form:
67 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
68 ____________, City of ________________, County of ________________, State of Utah,
69 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
70 for the office of board of trustees member for _______________________ (state the name of
71 the local district); that I am a candidate for that office to be voted upon at the November
72 municipal general election to be held on Tuesday, the ______ day of November, ____, and I
73 hereby request that my name be printed upon the official ballot for that election.
74 (Signed) _________________________________________
75 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
76 of ____________, ____.
77 (Signed) ________________________
78 (Clerk or Notary Public)"
79 (e) Each person wishing to become a valid write-in candidate for an elective local
80 district board position is governed by Section 20A-9-601 .
81 (f) If at least one person does not file a declaration of candidacy as required by this
82 section, a person shall be appointed to fill that board position by following the procedures and
83 requirements for appointment established in Section 20A-1-512 .
84 (g) If only one candidate files a declaration of candidacy for a position on the board of
85 an irrigation district, the board need not hold an election for that position and may appoint that

86 candidate to the board.
87 (5) There shall be no primary election.
88 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
89 candidate names to the clerk of each county in which the local district is located no later than
90 August 20 of the municipal election year.
91 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
92 local district is located shall coordinate the placement of the name of each candidate for local
93 district office in the nonpartisan section of the municipal general election ballot with the
94 municipal election clerk.
95 (ii) If consolidation of the local district election ballot with the municipal general
96 election ballot is not feasible, the county clerk shall provide for a separate local district election
97 ballot to be administered by separate election judges at polling locations designated by the
98 county clerk in consultation with the local district.
99 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
100 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
101 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
102 prescribe the form of the ballot for each board member election.
103 (B) Each ballot for an election of an irrigation district board member shall be in a
104 nonpartisan format.
105 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
106 (i) be a registered voter, except for an election of:
107 (A) an irrigation district board of trustees member; or
108 (B) a basic local district board of trustees member who is elected by property owners;
109 and
110 (ii) meet the requirements to vote established by the district.
111 (b) Each voter may vote for as many candidates as there are offices to be filled.
112 (c) The candidates who receive the highest number of votes are elected.
113 (8) Except as otherwise provided by this section, the election of local district board

114 members is governed by Title 20A, Election Code.
115 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
116 beginning on the January 1 after the person's election.
117 (b) A person elected shall be sworn in as soon as practical after January 1.
118 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse the
119 county holding an election under this section for the costs of the election attributable to that
120 local district.
121 (b) Each irrigation district shall bear its own costs of each election it holds under this
122 section.
123 (11) This section does not apply to an improvement district that provides electric or gas
124 service.