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7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by amending provisions for filling a vacancy in a
11 Highlighted Provisions:
12 This bill:
13 . repeals a provision that prohibits a member of a municipal legislative body from
14 participating in the process to fill a vacancy in the mayor position if that member is
15 being considered to fill the vacancy; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 10-3-507, as last amended by Laws of Utah 2008, Chapter 19
24 20A-1-510, as last amended by Laws of Utah 2008, Chapter 19
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-3-507 is amended to read:
28 10-3-507. Minimum vote required.
29 (1) The minimum number of yes votes required to pass any ordinance or resolution, or
30 to take any action by the council, unless otherwise prescribed by law, is a majority of [
31 voting members of the council, without considering any vacancy in the council.
32 (2) (a) Any ordinance, resolution, or motion of the council having fewer favorable
33 votes than required in this section is defeated and invalid.
34 (b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a
35 specific time by a majority vote of the council even though the majority vote is less than that
36 required in this section.
37 (3) A majority of the council members, regardless of number, may fill any vacancy in
38 the council as provided under Section 20A-1-510 .
39 Section 2. Section 20A-1-510 is amended to read:
40 20A-1-510. Midterm vacancies in municipal offices.
41 (1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the
42 office of municipal executive or member of a municipal legislative body, the municipal
43 legislative body shall appoint a registered voter in the municipality who meets the
44 qualifications for office established in Section 10-3-301 to fill the unexpired term of the office
45 vacated until the January following the next municipal election.
46 (b) Before acting to fill the vacancy, the municipal legislative body shall:
47 (i) give public notice of the vacancy at least two weeks before the municipal legislative
48 body meets to fill the vacancy; and
49 (ii) identify, in the notice:
50 (A) the date, time, and place of the meeting where the vacancy will be filled; [
51 (B) the person to whom a person interested in being appointed to fill the vacancy may
52 submit [
53 (C) the deadline for submitting [
54 (c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within
55 30 days after the vacancy occurs, the municipal legislative body shall [
56 vacancy from among the names that have been submitted.
57 (ii) The two persons having the highest number of votes of the municipal legislative
58 body after a first vote is taken shall appear before the municipal legislative body and the
59 municipal legislative body shall vote again.
60 (iii) If neither candidate receives a majority vote of the municipal legislative body at
61 that time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
62 (2) (a) A vacancy in the office of municipal executive or member of a municipal
63 legislative body shall be filled by an interim appointment, followed by an election to fill a
64 two-year term, if:
65 (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
66 at least 14 days before the deadline for filing for election in an odd-numbered year; and
67 (ii) two years of the vacated term will remain after the first Monday of January
68 following the next municipal election.
69 (b) In appointing an interim replacement, the municipal legislative body shall comply
70 with the notice requirements of this section.
75 as defined in Section 10-3b-102 :
76 (i) the council may appoint a person to fill a vacancy in the office of mayor before the
77 effective date of the mayor's resignation by making the effective date of the appointment the
78 same as the effective date of the mayor's resignation; and
79 (ii) if a vacancy in the office of mayor occurs before the effective date of an
80 appointment under Subsection (1) or (2) to fill the vacancy, the council chair shall serve as
81 acting mayor during the time between the creation of the vacancy and the effective date of the
82 appointment to fill the vacancy.
83 (b) While serving as acting mayor under Subsection [
84 continues to:
85 (i) act as a council member; and
86 (ii) vote at council meetings.
Legislative Review Note
as of 2-8-11 11:01 AM
Office of Legislative Research and General Counsel
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