Second Substitute S.B. 203

Senator Howard A. Stephenson proposes the following substitute bill:

1 VACANCIES IN COUNTY ELECTED OFFICES
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by amending and enacting provisions to fill a
10 vacancy in the membership of a county legislative body of a first, second, or third class
11 county.
12 Highlighted Provisions:
13 This bill:
14 . provides that in the case of a vacancy in a county legislative body in a county of the
15 first, second, or third class, the county central committee of the party to which the
16 vacating office holder belongs submits one nominee instead of three to the county
17 legislative body;
18 . provides time frames for the county legislative body to fill the vacancy with the
19 nominee submitted by the county central committee; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 17-35b-301, as last amended by Laws of Utah 2000, Chapter 133
28 17-35b-302, as last amended by Laws of Utah 2007, Chapter 329
29 17-52-401, as last amended by Laws of Utah 2003, Chapter 131
30 17-53-104, as renumbered and amended by Laws of Utah 2000, Chapter 133
31 20A-1-508, as last amended by Laws of Utah 2006, Chapter 39
32 ENACTS:
33 20A-1-508.1, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 17-35b-301 is amended to read:
37 17-35b-301. "General county (modified)" structural form of county government.
38 (1) The structural form of county government known as the "general county
39 (modified)" form retains, without change or modification, except to the extent that changes or
40 modifications may be effectuated under other proceedings authorized by law, all existing
41 incorporated cities and towns, special taxing districts, public authorities, county service areas,
42 and other local public entities functioning within the boundaries of the county. Under this form
43 of government, the county remains vested with all powers and duties vested in counties by
44 general law, but the county legislative body, together with such other officers as may be
45 specified in the optional plan, shall be elected or appointed in the manner authorized by this act
46 and as provided in the optional plan.
47 (2) An optional plan for this form of county government shall provide for the election
48 of a county council, composed of not less than three members, which shall be the county
49 legislative body and shall exercise all legislative powers authorized by law. The plan shall
50 specify:
51 (a) whether the members of the council are to be elected from districts, at large, or by a
52 combination of district and at-large constituencies;
53 (b) their qualifications and terms of office, and whether such terms are concurrent or
54 overlapping;
55 (c) grounds for and methods of removal of council members from office;
56 (d) procedures for filling vacancies on the council, provided that the procedures shall

57 conform with Section 20A-1-508 or 20A-1-508.1 ; and
58 (e) the compensation, if any, of council members together with procedures for
59 prescribing and changing such compensation from time to time.
60 Section 2. Section 17-35b-302 is amended to read:
61 17-35b-302. Urban county structural form of county government.
62 (1) The structural form of county government known as the "urban county" form
63 retains, without change or modification, except to the extent that changes or modifications may
64 be effectuated under other proceedings authorized by law, all existing incorporated cities and
65 towns, special taxing districts, public authorities, service areas, and other local public entities
66 functioning within the boundaries of the county. Under this form of government, the county
67 remains vested with all powers and duties vested in counties by general law, but in addition is
68 vested with and empowered to exercise within the unincorporated territory of the county all
69 powers and duties which, by general law, are conferred upon cities whose population is equal
70 to that of the unincorporated territory of such county.
71 (2) The urban county is empowered to enter into contractual arrangements for the joint
72 exercise of powers or for performance of services and, for that purpose, may employ and be
73 subject to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act. By contract, the
74 urban county may perform for any city, town, special taxing district, public authority, service
75 area, or other local public entity within the county any governmental service or function which
76 such entity is lawfully empowered to perform for itself within its own territory, or which the
77 county is lawfully empowered to perform anywhere within the county boundaries. No contract
78 service or function shall be performed by the county except for a consideration which is at least
79 substantially equal to the cost of performing it.
80 (3) The plan for an urban county form of county government may provide for
81 organization of the unincorporated territory of the county into one or more service areas and,
82 for this purpose, may provide for special organizing or implementing procedures which differ
83 from those provided in Title 17B, Chapter 2a, Part 9, Service Area Act. Except to the extent
84 that the plan provides to the contrary, all noncontract services and functions lawfully performed
85 by the county solely within unincorporated territory and not on a countywide basis shall, after
86 the effective date of the plan, be considered performed and extended solely as services of, and
87 financed by and through, the county service area. The plan may provide for, limit, or condition

88 the services and functions which the urban county is authorized to perform and extend within
89 the territory of incorporated cities and towns within the county and may provide procedures by
90 which such provisions, limits, or conditions may be established and changed from time to time.
91 (4) The plan for the urban county shall provide for the election of a county council,
92 composed of not less than three members. The council shall be the county legislative body and
93 shall exercise all legislative powers authorized by law. The plan shall specify:
94 (a) whether the members of the council are to be elected from districts, at large, or by a
95 combination of district and at-large constituencies;
96 (b) their qualifications and terms of office, and whether such terms are concurrent or
97 overlapping;
98 (c) grounds for and methods for removal of council members from office;
99 (d) procedures for filling vacancies on the council, provided that the procedures shall
100 conform with Section 20A-1-508 or 20A-1-508.1 ; and
101 (e) the compensation, if any, of council members together with procedures for
102 prescribing and changing such compensation from time to time.
103 Section 3. Section 17-52-401 is amended to read:
104 17-52-401. Contents of proposed optional plan.
105 (1) Each optional plan proposed under this chapter:
106 (a) shall propose the adoption of one of the forms of county government listed in
107 Subsection 17-52-402 (1)(a);
108 (b) shall contain detailed provisions relating to the transition from the existing form of
109 county government to the form proposed in the optional plan, including provisions relating to
110 the:
111 (i) election or appointment of officers specified in the optional plan for the new form of
112 county government;
113 (ii) retention, elimination, or combining of existing offices and, if an office is
114 eliminated, the division or department of county government responsible for performing the
115 duties of the eliminated office;
116 (iii) continuity of existing ordinances and regulations;
117 (iv) continuation of pending legislative, administrative, or judicial proceedings;
118 (v) making of interim and temporary appointments; and

119 (vi) preparation, approval, and adjustment of necessary budget appropriations;
120 (c) shall specify the date it is to become effective if adopted, which shall not be earlier
121 than the first day of January next following the election of officers under the new plan; and
122 (d) notwithstanding any other provision of this title and except with respect to an
123 optional plan that proposes the adoption of the county commission or expanded county
124 commission form of government, with respect to the county budget:
125 (i) may provide that the county auditor's role is to be the budget officer, to project
126 county revenues, and to prepare a tentative budget to present to the county executive; and
127 (ii) shall provide that the county executive's role is to prepare and present a proposed
128 budget to the county legislative body, and the county legislative body's role is to adopt a final
129 budget.
130 (2) Subject to Subsection (3), an optional plan may include provisions that are
131 considered necessary or advisable to the effective operation of the proposed optional plan.
132 (3) An optional plan may not include any provision that is inconsistent with or
133 prohibited by the Utah Constitution or any statute.
134 (4) Each optional plan proposing to change the form of government to a form under
135 Section 17-52-504 or 17-52-505 shall:
136 (a) provide for the same executive and legislative officers as are specified in the
137 applicable section for the form of government being proposed by the optional plan;
138 (b) provide for the election of the county council;
139 (c) specify the number of county council members, which shall be an odd number from
140 three to nine;
141 (d) specify whether the members of the county council are to be elected from districts,
142 at large, or by a combination of at large and by district;
143 (e) specify county council members' qualifications and terms and whether the terms are
144 to be staggered;
145 (f) contain procedures for filling vacancies on the county council, consistent with the
146 provisions of Section 20A-1-508 or 20A-1-508.1 ; and
147 (g) state the initial compensation, if any, of county council members and procedures for
148 prescribing and changing compensation.
149 (5) Each optional plan proposing to change the form of government to the county

150 commission form under Section 17-52-501 or the expanded county commission form under
151 Section 17-52-502 shall specify:
152 (a) (i) for the county commission form of government, that the county commission
153 shall have three members; or
154 (ii) for the expanded county commission form of government, whether the county
155 commission shall have five or seven members;
156 (b) the terms of office for county commission members and whether the terms are to be
157 staggered;
158 (c) whether members of the county commission are to be elected from districts, at
159 large, or by a combination of at large and from districts; and
160 (d) if any members of the county commission are to be elected from districts, the
161 district residency requirements for those commission members.
162 Section 4. Section 17-53-104 is amended to read:
163 17-53-104. Vacancy in a county office -- Vacancies in the office of county attorney
164 or district attorney.
165 (1) Except as provided in Subsection (2), a vacancy in a county office shall be filled as
166 provided in Section 20A-1-508 or 20A-1-508.1 .
167 (2) A vacancy in the office of county attorney or district attorney shall be filled as
168 provided in Sections 20A-1-509.1 , 20A-1-509.2 , and 20A-1-509.3 .
169 Section 5. Section 20A-1-508 is amended to read:
170 20A-1-508. Midterm vacancies in county elected offices.
171 (1) As used in this section:
172 (a) "County offices" includes the county executive, members of the county legislative
173 body, the county treasurer, the county sheriff, the county clerk, the county auditor, the county
174 recorder, the county surveyor, and the county assessor.
175 (b) "County offices" does not mean:
176 (i) a position as a member of the county legislative body of a county of the first,
177 second, or third class; or
178 (ii) the offices of president and vice president of the United States, United States
179 senators and representatives, members of the Utah Legislature, state constitutional officers,
180 county attorneys, district attorneys, and judges.

181 (2) (a) Until a replacement is [selected] elected as provided in this section and has
182 qualified, the county legislative body shall appoint an interim replacement to fill the vacant
183 office by following the procedures and requirements of this Subsection (2).
184 (b) (i) To appoint an interim replacement, the county legislative body shall give notice
185 of the vacancy to the county central committee of the same political party of the prior office
186 holder and invite that committee to submit the names of three nominees to fill the vacancy.
187 (ii) [That] The county central committee described in Subsection (2)(b)(i) shall, within
188 30 days, submit the names of three nominees for the interim replacement to the county
189 legislative body.
190 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
191 one of those nominees to serve out the unexpired term.
192 (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
193 vacancy within 45 days, the county clerk shall send to the governor a letter that:
194 (A) informs the governor that the county legislative body has failed to appoint a
195 replacement within the statutory time period; and
196 (B) contains the list of nominees submitted by the party central committee.
197 (ii) The governor shall appoint an interim replacement from that list of nominees to fill
198 the vacancy within 30 days after receipt of the letter.
199 (d) A person appointed as interim replacement under this Subsection (2) shall hold
200 office until [their] the person's successor is elected and has qualified.
201 (3) (a) The requirements of this Subsection (3) apply to all county offices that become
202 vacant if:
203 (i) the vacant office has an unexpired term of two years or more; and
204 (ii) the vacancy occurs after the election at which the [person] office holder was elected
205 but before April 10 of the next even-numbered year.
206 (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
207 shall notify the public and each registered political party that the vacancy exists.
208 (ii) [All persons] A person intending to become [candidates] a candidate for the vacant
209 office shall:
210 (A) file a declaration of candidacy according to the procedures and requirements of
211 Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and

212 (B) if nominated as a party candidate under Chapter 8, Political Party Formation and
213 Procedures or qualified as an [independent] unaffiliated candidate or write-in candidate under
214 Chapter [8, Political Party Formation and Procedures] 9, Candidate Qualifications and
215 Nominating Procedures, run in the regular general election.
216 (4) (a) The requirements of this Subsection (4) apply to all county offices that become
217 vacant if:
218 (i) the vacant office has an unexpired term of two years or more; and
219 (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 50
220 days before the regular primary election.
221 (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
222 shall notify the public and each registered political party that:
223 (A) the vacancy exists; and
224 (B) identifies the date and time by which a person interested in becoming a candidate
225 [must] shall file a declaration of candidacy.
226 (ii) All persons intending to become candidates for the vacant offices shall, within five
227 days after the date that the notice is made, ending at 5 p.m. on the fifth day, file a declaration of
228 candidacy for the vacant office as required by Chapter 9, Part 2, Candidate Qualifications and
229 Declarations of Candidacy.
230 (iii) The county central committee of each party shall:
231 (A) select a candidate or candidates from among those qualified candidates who have
232 filed declarations of candidacy; and
233 (B) certify the name of the candidate or candidates to the county clerk at least 35 days
234 before the regular primary election.
235 (5) (a) The requirements of this Subsection (5) apply to all county offices that become
236 vacant:
237 (i) if the vacant office has an unexpired term of two years or more; and
238 (ii) when 50 days or less remain before the regular primary election but more than 50
239 days remain before the regular general election.
240 (b) When the conditions established in Subsection (5)(a) are met, the county central
241 committees of each political party registered under this title that wishes to submit a candidate
242 for the vacant office shall summarily certify the name of one candidate to the county clerk for

243 placement on the regular general election ballot.
244 (6) (a) The requirements of this Subsection (6) apply to all county offices that become
245 vacant:
246 (i) if the vacant office has an unexpired term of less than two years; or
247 (ii) if the vacant office has an unexpired term of two years or more but 50 days or less
248 remain before the next regular general election.
249 (b) (i) When the conditions established in Subsection (6)(a) are met, the county
250 legislative body shall give notice of the vacancy to the county central committee of the same
251 political party as the prior office holder and invite that committee to submit the names of three
252 nominees to fill the vacancy.
253 (ii) [That] The county central committee described in Subsection (6)(b)(i) shall, within
254 30 days, submit the names of three nominees to fill the vacancy to the county legislative body.
255 (iii) The county legislative body shall, within 45 days after the vacancy occurs, appoint
256 one of those nominees to serve out the unexpired term.
257 (c) (i) If the county legislative body fails to appoint a person to fill the vacancy within
258 45 days, the county clerk shall send to the governor a letter that:
259 (A) informs the governor that the county legislative body has failed to appoint a person
260 to fill the vacancy within the statutory time period; and
261 (B) contains the list of nominees submitted by the party central committee.
262 (ii) The governor shall appoint a person to fill the vacancy from that list of nominees to
263 fill the vacancy within 30 days after receipt of the letter.
264 (d) A person appointed to fill the vacancy under this Subsection (6) shall hold office
265 until [their] the person's successor is elected and has qualified.
266 (7) Except as otherwise provided by law, the county legislative body may appoint
267 replacements to fill all vacancies that occur in those offices filled by appointment of the county
268 legislative body.
269 (8) Nothing in this section prevents or prohibits [independent candidates] an
270 unaffiliated candidate from filing a declaration of candidacy for the office within the same time
271 limits.
272 (9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a
273 county office shall serve for the remainder of the unexpired term of the [person who created the

274 vacancy] office holder who vacated the office and until a successor is elected and qualified.
275 (b) Nothing in this section may be construed to contradict or alter the provisions of
276 Section 17-16-6 .
277 Section 6. Section 20A-1-508.1 is enacted to read:
278 20A-1-508.1. Midterm vacancies in county legislative bodies in counties of the
279 first, second, and third class.
280 (1) As used in this section "vacant office" means a position that is vacated by an office
281 holder of a county legislative body of a county of the first, second, or third class.
282 (2) (a) Until a replacement is elected as provided in this section and has qualified, the
283 county legislative body shall appoint an interim replacement to fill the vacant office by
284 following the procedures and requirements of this Subsection (2).
285 (b) (i) To appoint an interim replacement, the county legislative body shall give notice
286 of the vacant office to the county central committee of the same political party of the prior
287 office holder and invite that committee to submit the name of a nominee to fill the vacant
288 office.
289 (ii) The county central committee described in Subsection (2)(b)(i) shall, within 30
290 days, submit the name of the nominee for the interim replacement to the county legislative
291 body.
292 (iii) The county legislative body shall, at the next regular meeting of the county
293 legislative body, appoint the person whose name was submitted by the county central
294 committee to serve out the unexpired term.
295 (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
296 vacant office as provided under Subsection (2)(b), the county clerk shall send to the governor a
297 letter that:
298 (A) informs the governor that the county legislative body has failed to appoint a
299 replacement within the statutory time period; and
300 (B) contains the name of the nominee submitted by the county central committee.
301 (ii) The governor shall appoint the nominee as an interim replacement to fill the vacant
302 office within 30 days after receipt of the letter.
303 (d) A person appointed as interim replacement under this Subsection (2) shall hold
304 office until the person's successor is elected and has qualified.

305 (3) (a) The requirements of this Subsection (3) apply to a vacant office that becomes
306 vacant if:
307 (i) the vacant office has an unexpired term of two years or more; and
308 (ii) the vacant office occurs after the election at which the office holder was elected but
309 before April 10 of the next even-numbered year.
310 (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
311 shall notify the public and each registered political party that the vacant office exists.
312 (ii) A person intending to become a candidate for the vacant office shall:
313 (A) file a declaration of candidacy according to the procedures and requirements of
314 Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
315 (B) if nominated as a party candidate under Chapter 8, Political Party Formation and
316 Procedures, or qualified as an unaffiliated candidate or write-in candidate under Chapter 9,
317 Candidate Qualifications and Nominating Procedures, run in the regular general election.
318 (4) (a) The requirements of this Subsection (4) apply to a vacant office that becomes
319 vacant if:
320 (i) the vacant office has an unexpired term of two years or more; and
321 (ii) the vacant office occurs after April 9 of the next even-numbered year but more than
322 50 days before the regular primary election.
323 (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
324 shall notify the public and each registered political party that:
325 (A) the vacant office exists; and
326 (B) identifies the date and time by which a person interested in becoming a candidate
327 shall file a declaration of candidacy.
328 (ii) A person intending to become a candidate for the vacant office shall, within five
329 days after the date that the notice is made, ending at 5 p.m. on the fifth day, file a declaration of
330 candidacy for the vacant office as required by Chapter 9, Part 2, Candidate Qualifications and
331 Declarations of Candidacy.
332 (iii) The county central committee of each party shall:
333 (A) select a candidate or candidates from among those qualified candidates who have
334 filed declarations of candidacy; and
335 (B) certify the name of the candidate or candidates to the county clerk at least 35 days

336 before the regular primary election.
337 (5) (a) The requirements of this Subsection (5) apply to a vacant office that becomes
338 vacant:
339 (i) if the vacant office has an unexpired term of two years or more; and
340 (ii) when 50 days or less remain before the regular primary election but more than 50
341 days remain before the regular general election.
342 (b) When the conditions established in Subsection (5)(a) are met, the county central
343 committees of each political party registered under this title that wishes to submit a candidate
344 for the vacant office shall summarily certify the name of one candidate to the county clerk for
345 placement on the regular general election ballot.
346 (6) (a) The requirements of this Subsection (6) apply to a vacant office that becomes
347 vacant:
348 (i) if the vacant office has an unexpired term of less than two years; or
349 (ii) if the vacant office has an unexpired term of two years or more but 50 days or less
350 remain before the next regular general election.
351 (b) (i) When the conditions established in Subsection (6)(a) are met, the county
352 legislative body shall give notice of the vacant office to the county central committee of the
353 same political party as the prior office holder and invite that committee to submit the name of a
354 nominee to fill the vacant office.
355 (ii) The county central committee described in Subsection (6)(b)(i) shall, within 30
356 days, submit the name of the nominee to fill the vacant office to the county legislative body.
357 (iii) The county legislative body shall, at the next regular meeting of the county
358 legislative body, appoint the person whose name was submitted by the county central
359 committee to serve out the unexpired term.
360 (c) (i) If the county legislative body fails to appoint a person to fill the vacant office as
361 provided under Subsection (6)(b), the county clerk shall send to the governor a letter that:
362 (A) informs the governor that the county legislative body has failed to appoint a person
363 to fill the vacant office within the statutory time period; and
364 (B) contains the name of the nominee submitted by the county central committee.
365 (ii) The governor shall appoint the nominee to fill the vacant office within 30 days after
366 receipt of the letter.

367 (d) A person appointed to fill the vacant office under this Subsection (6) shall hold
368 office until the person's successor is elected and has qualified.
369 (7) Except as otherwise provided by law, the county legislative body may appoint a
370 replacement to fill a vacant office that occurs in a vacant office previously filled by
371 appointment of the county legislative body.
372 (8) Nothing in this section prevents or prohibits an unaffiliated candidate from filing a
373 declaration of candidacy for the vacant office within the same time limits as provided in this
374 section.
375 (9) (a) A person elected under Subsection (3), (4), or (5) to fill a vacant office shall
376 serve for the remainder of the unexpired term of the office holder who vacated the office and
377 until a successor is elected and qualified.
378 (b) Nothing in this section may be construed to contradict or alter the provisions of
379 Section 17-16-6 .