H.B. 43

1

COORDINATING MUNICIPAL AND SPECIAL
2 DISTRICT ELECTIONS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Keith Grover
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 Committee Note:
10 The Government Operations Interim Committee recommended this bill.
11 General Description:
12 This bill modifies Title 17B, Limited Purpose Local Government Entities - Local
13 Districts by amending provisions related to the election of board members.
14 Highlighted Provisions:
15 This bill:
16 . provides that polling places for a local district and special service district board
17 member election designated by a county clerk shall coincide with municipal general
18 election polling places whenever feasible;
19 . repeals the requirement that separate election judges at the same polling place must
20 be used if a local district or special service district election ballot cannot be
21 consolidated with a municipal election ballot;
22 . provides that a municipality as well as a county may be reimbursed by a local
23 district or special service district holding an election for the costs of the election
24 attributable to that local district or special service district; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 17B-1-306, as last amended by Laws of Utah 2008, Chapters 54, 182, and 360
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 17B-1-306 is amended to read:
36 17B-1-306. Local district board -- Election procedures.
37 (1) Except as provided in Subsection (11), each elected board member shall be selected
38 as provided in this section.
39 (2) (a) Each election of a local district board member shall be held:
40 (i) at the same time as the municipal general election; and
41 (ii) at polling places designated by the county clerk [of] in consultation with the local
42 district for each county in which the local district is located, which polling places shall coincide
43 with municipal general election polling places whenever feasible.
44 (b) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
45 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
46 polling place per division of the district, designated by the district board.
47 (ii) Each polling place designated by an irrigation district board under Subsection
48 (2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection
49 (2)(a)(ii).
50 (3) (a) The clerk of each local district with a board member position to be filled at the
51 next municipal general election shall provide notice of:
52 (i) each elective position of the local district to be filled at the next municipal general
53 election;
54 (ii) the constitutional and statutory qualifications for each position; and
55 (iii) the dates and times for filing a declaration of candidacy.
56 (b) The notice required under Subsection (3)(a) shall be:
57 (i) posted in at least five public places within the local district at least ten days before
58 the first day for filing a declaration of candidacy; or

59 (ii) published in a newspaper of general circulation within the local district at least
60 three but no more than ten days before the first day for filing a declaration of candidacy.
61 (4) (a) To become a candidate for an elective local district board position, the
62 prospective candidate shall file a declaration of candidacy in person with the local district,
63 during office hours and not later than 5 p.m. between July 1 and July 15 of any odd-numbered
64 year.
65 (b) When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extended
66 until 5 p.m. on the following regular business day.
67 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
68 officer shall:
69 (A) read to the prospective candidate the constitutional and statutory qualification
70 requirements for the office that the candidate is seeking; and
71 (B) require the candidate to state whether or not the candidate meets those
72 requirements.
73 (ii) If the prospective candidate does not meet the qualification requirements for the
74 office, the filing officer may not accept the declaration of candidacy.
75 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
76 the filing officer shall accept the declaration of candidacy.
77 (d) The declaration of candidacy shall substantially comply with the following form:
78 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
79 ____________, City of ________________, County of ________________, State of Utah,
80 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
81 for the office of board of trustees member for _______________________ (state the name of
82 the local district); that I am a candidate for that office to be voted upon at the next election, and
83 I hereby request that my name be printed upon the official ballot for that election.
84 (Signed) _________________________________________
85 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
86 of ____________, ____.
87 (Signed) ________________________
88 (Clerk or Notary Public)"
89 (e) Each person wishing to become a valid write-in candidate for an elective local

90 district board position is governed by Section 20A-9-601 .
91 (f) If at least one person does not file a declaration of candidacy as required by this
92 section, a person shall be appointed to fill that board position by following the procedures and
93 requirements for appointment established in Section 20A-1-512 .
94 (g) If only one candidate files a declaration of candidacy for a position on the board of
95 an irrigation district, the board need not hold an election for that position and may appoint that
96 candidate to the board.
97 (5) (a) A primary election may be held if:
98 (i) the election is authorized by the local district board; and
99 (ii) the number of candidates for a particular local board position or office exceeds
100 twice the number of persons needed to fill that position or office.
101 (b) The primary election shall be conducted:
102 (i) on the same date as the municipal primary election, as provided for in Section
103 20A-1-201.5 ; and
104 (ii) according to the procedures for municipal primary elections provided under Title
105 20A, Election Code.
106 (6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify the
107 candidate names to the clerk of each county in which the local district is located no later than
108 August 20 of the municipal election year.
109 (b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which the
110 local district is located shall coordinate the placement of the name of each candidate for local
111 district office in the nonpartisan section of the municipal general election ballot with the
112 municipal election clerk.
113 (ii) If consolidation of the local district election ballot with the municipal general
114 election ballot is not feasible, the county clerk shall provide for a separate local district election
115 ballot to be administered by [separate election judges] poll workers at polling locations
116 designated [by the county clerk in consultation with the local district] under Subsection (2).
117 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
118 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
119 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
120 prescribe the form of the ballot for each board member election.

121 (B) Each ballot for an election of an irrigation district board member shall be in a
122 nonpartisan format.
123 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
124 (i) be a registered voter within the district, except for an election of:
125 (A) an irrigation district board of trustees member; or
126 (B) a basic local district board of trustees member who is elected by property owners;
127 and
128 (ii) meet the requirements to vote established by the district.
129 (b) Each voter may vote for as many candidates as there are offices to be filled.
130 (c) The candidates who receive the highest number of votes are elected.
131 (8) Except as otherwise provided by this section, the election of local district board
132 members is governed by Title 20A, Election Code.
133 (9) (a) A person elected to serve on a local district board shall serve a four-year term,
134 beginning at noon on the January 1 after the person's election.
135 (b) A person elected shall be sworn in as soon as practical after January 1.
136 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
137 the county or municipality holding an election under this section for the costs of the election
138 attributable to that local district.
139 (b) Each irrigation district shall bear its own costs of each election it holds under this
140 section.
141 (11) This section does not apply to an improvement district that provides electric or gas
142 service.
143 (12) The provisions of Title 20A, Chapter 3, Part 3, [Early Voting] Absentee Voting,
144 do not apply to an election under this section.




Legislative Review Note
as of 11-20-08 11:37 AM

Office of Legislative Research and General Counsel