Second Substitute H.B. 415
8 LONG TITLE
9 General Description:
10 This bill permits a local district board, or the administrative control board of a special
11 service district that has elected members on the board, to hold elections in an
12 even-numbered year, if approved by the lieutenant governor.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . permits a local district board, or the administrative control board of a special service
17 district that has elected members on the board, to hold elections in an
18 even-numbered year, if approved by the lieutenant governor;
19 . describes application requirements to apply to hold an election in an even-numbered
21 . describes the criteria upon which the lieutenant governor may approve an
22 application to hold an election in an even-numbered year;
23 . provides a procedure and requirements for a local district board, or the
24 administrative control board of a special service district that has elected members
25 on the board, to switch back to holding elections in an odd-numbered year;
26 . permits the lieutenant governor to increase the length of a term of a board member
27 in order to adjust for a change in the year in which an election is held; and
28 . makes technical and conforming changes.
29 Money Appropriated in this Bill:
31 Other Special Clauses:
32 This bill coordinates with H.B. 369, Missed Elections Amendments, by providing
33 technical amendments.
34 Utah Code Sections Affected:
36 17B-1-301 , as last amended by Laws of Utah 2011, Chapter 209
37 17B-1-303 , as last amended by Laws of Utah 2013, Chapter 448
38 17B-1-305 , as renumbered and amended by Laws of Utah 2007, Chapter 329
39 17B-1-306 , as last amended by Laws of Utah 2013, Chapters 402 and 448
40 17B-2a-404 , as last amended by Laws of Utah 2012, Chapter 97
41 17D-1-106 , as last amended by Laws of Utah 2012, Chapters 97 and 347
42 20A-1-102 , as last amended by Laws of Utah 2013, Chapter 320
43 20A-1-201 , as last amended by Laws of Utah 2000, Chapter 241
44 20A-1-202 , as last amended by Laws of Utah 2011, Chapter 40
45 20A-5-101 , as last amended by Laws of Utah 2011, Chapters 291 and 292
46 Utah Code Sections Affected by Coordination Clause:
47 17B-1-301 , as last amended by Laws of Utah 2011, Chapter 209
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 17B-1-301 is amended to read:
51 17B-1-301. Board of trustees duties and powers.
52 (1) (a) Each local district shall be governed by a board of trustees which shall manage
53 and conduct the business and affairs of the district and shall determine all questions of district
55 (b) All powers of a local district are exercised through the board of trustees.
56 (2) The board of trustees may:
57 (a) fix the location of the local district's principal place of business and the location of
58 all offices and departments, if any;
59 (b) fix the times of meetings of the board of trustees;
60 (c) select and use an official district seal;
61 (d) subject to Subsections (3) and (4), employ employees and agents, or delegate to
62 district officers power to employ employees and agents, for the operation of the local district
63 and its properties and prescribe or delegate to district officers the power to prescribe the duties,
64 compensation, and terms and conditions of employment of those employees and agents;
65 (e) require district officers and employees charged with the handling of district funds to
66 provide surety bonds in an amount set by the board or provide a blanket surety bond to cover
67 officers and employees;
68 (f) contract for or employ professionals to perform work or services for the local
69 district that cannot satisfactorily be performed by the officers or employees of the district;
70 (g) through counsel, prosecute on behalf of or defend the local district in all court
71 actions or other proceedings in which the district is a party or is otherwise involved;
72 (h) adopt bylaws for the orderly functioning of the board;
73 (i) adopt and enforce rules and regulations for the orderly operation of the local district
74 or for carrying out the district's purposes;
75 (j) prescribe a system of civil service for district employees;
76 (k) on behalf of the local district, enter into contracts that the board considers to be for
77 the benefit of the district;
78 (l) acquire, construct or cause to be constructed, operate, occupy, control, and use
79 buildings, works, or other facilities for carrying out the purposes of the local district;
80 (m) on behalf of the local district, acquire, use, hold, manage, occupy, and possess
81 property necessary to carry out the purposes of the district, dispose of property when the board
82 considers it appropriate, and institute and maintain in the name of the district any action or
83 proceeding to enforce, maintain, protect, or preserve rights or privileges associated with district
85 (n) delegate to a district officer the exercise of a district duty; and
86 (o) exercise all powers and perform all functions in the operation of the local district
87 and its properties as are ordinarily exercised by the governing body of a political subdivision of
88 the state and as are necessary to accomplish the purposes of the district.
89 (3) (a) As used in this Subsection (3), "interim vacancy period" means:
90 (i) if any member of the local district board is elected, the period of time that:
91 (A) begins on the day on which [
93 (B) ends on the day on which the local district board member-elect begins the
94 member's term; or
95 (ii) if any member of the local district board is appointed, the period of time that:
96 (A) begins on the day on which an appointing authority posts a notice of vacancy in
97 accordance with Section 17B-1-304 ; and
98 (B) ends on the day on which the person who is appointed by the local district board to
99 fill the vacancy begins the person's term.
100 (b) (i) The local district may not hire during an interim vacancy period a manager, a
101 chief executive officer, a chief administrative officer, or a similar position to perform executive
102 and administrative duties or functions.
103 (ii) Notwithstanding Subsection (3)(b)(i):
104 (A) the local district may hire an interim manager, a chief executive officer, a chief
105 administrative officer, or a similar position during an interim vacancy period; and
106 (B) the interim manager's, chief executive officer's, chief administrative officer's, or
107 similar position's employment shall terminate once a new manager, chief executive officer,
108 chief administrative officer, or similar position is hired by the new local district board after the
109 interim vacancy period has ended.
110 (c) Subsection (3)(b) does not apply if:
111 (i) all the elected local district board members who held office on the day of the
113 vacant for the election are re-elected to the local district board; and
114 (ii) all the appointed local district board members who were appointed whose term of
115 appointment was expiring are re-appointed to the local district board.
116 (4) A local district board that hires an interim manager, a chief executive officer, a
117 chief administrative officer, or a similar position in accordance with this section may not, on or
118 after May 10, 2011, enter into an employment contract that contains an automatic renewal
119 provision with the interim manager, chief executive officer, chief administrative officer, or
120 similar position.
121 Section 2. Section 17B-1-303 is amended to read:
122 17B-1-303. Term of board of trustees members -- Oath of office -- Bond.
123 (1) (a) Except as provided in Subsections (1)(b) and (c), the term of each member of a
124 board of trustees shall begin at noon on the January 1 following the member's election or
126 (b) The term of each member of the initial board of trustees of a newly created local
127 district shall begin:
128 (i) upon appointment, for an appointed member; and
129 (ii) upon the member taking the oath of office after the canvass of the election at which
130 the member is elected, for an elected member.
131 (c) The term of each water conservancy district board member appointed by the
132 governor as provided in Subsection 17B-2a-1005 (2)(c) shall begin on the date on which the
133 senate consents to the appointment.
134 (2) (a) (i) [
135 (2)(a)(ii), the term of each member of a board of trustees shall be four years, except that
136 approximately half the members of the initial board of trustees, chosen by lot, shall serve a
137 two-year term so that the term of approximately half the board members expires every two
139 (ii) (A) If the terms of members of the initial board of trustees of a newly created local
140 district do not begin on January 1 because of application of Subsection (1)(b), the terms of
141 those members shall be adjusted as necessary, subject to Subsection (2)(a)(ii)(B), to result in
142 the terms of their successors complying with:
143 (I) the requirement under Subsection (1)(a) for a term to begin on January 1 following
144 a member's election or appointment; and
145 (II) the requirement under Subsection (2)(a)(i) that terms be four years.
146 (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
147 subtract more than a year from a member's term.
148 (b) Each board of trustees member shall serve until a successor is duly elected or
149 appointed and qualified, unless the member earlier is removed from office or resigns or
150 otherwise leaves office.
151 (c) If a member of a board of trustees no longer meets the qualifications of Subsection
152 17B-1-302 (1), or if the member's term expires without a duly elected or appointed successor:
153 (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
154 (ii) the member may continue to serve until a successor is duly elected or appointed
155 and qualified.
156 (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
157 shall take the oath of office specified in Utah Constitution Article IV, Section 10.
158 (ii) An oath of office may be administered by a judge, county clerk, notary public, or
159 the local district clerk.
160 (b) Each oath of office shall be filed with the clerk of the local district.
161 (c) The failure of a board of trustees member to take the oath required by Subsection
162 (3)(a) does not invalidate any official act of that member.
163 (4) A board of trustees member is not limited in the number of terms the member may
165 (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
166 position shall be filled as provided in Section 20A-1-512 .
167 (6) (a) For purposes of this Subsection (6):
168 (i) "Appointed official" means a person who:
169 (A) is appointed as a member of a local district board of trustees by a county or
170 municipality entitled to appoint a member to the board; and
171 (B) holds an elected position with the appointing county or municipality.
172 (ii) "Appointing entity" means the county or municipality that appointed the appointed
173 official to the board of trustees.
174 (b) The board of trustees shall declare a midterm vacancy for the board position held
175 by an appointed official if:
176 (i) during the appointed official's term on the board of trustees, the appointed official
177 ceases to hold the elected position with the appointing entity; and
178 (ii) the appointing entity submits a written request to the board to declare the vacancy.
179 (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
180 appointing entity shall appoint another person to fill the remaining unexpired term on the board
181 of trustees.
182 (7) (a) Each member of a board of trustees shall give a bond for the faithful
183 performance of the member's duties, in the amount and with the sureties prescribed by the
184 board of trustees.
185 (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
186 (8) The lieutenant governor may extend the term of an elected district board member
187 by one year in order to compensate for a change in the election year under Subsection
188 17B-1-306 (13).
189 Section 3. Section 17B-1-305 is amended to read:
190 17B-1-305. Notice of offices to be filled.
191 On or before February 1 of each [
192 local district are elected, the board of each local district required to participate in an election
193 that year shall prepare and transmit to the clerk of each county in which any part of the district
194 is located a written notice that:
195 (1) designates the offices to be filled at that year's [
196 (2) identifies the dates for filing a declaration of candidacy for those offices.
197 Section 4. Section 17B-1-306 is amended to read:
198 17B-1-306. Local district board -- Election procedures.
199 (1) Except as provided in Subsection (11), each elected board member shall be selected
200 as provided in this section.
201 (2) (a) Each election of a local district board member shall be held:
202 (i) at the same time as the municipal general election or the regular general election, as
203 applicable; and
204 (ii) at polling places designated by the county clerk in consultation with the local
205 district for each county in which the local district is located, which polling places shall coincide
206 with municipal general election or regular general election polling places, as applicable,
207 whenever feasible.
208 (b) The county clerk may consolidate two or more polling places to enable voters from
209 more than one district to vote at one consolidated polling place.
210 (c) (i) Subject to Subsections (4)(f) and (g), the number of polling places under
211 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
212 polling place per division of the district, designated by the district board.
213 (ii) Each polling place designated by an irrigation district board under Subsection
214 (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
216 (3) (a) The clerk of each local district with a board member position to be filled at the
217 next municipal general election or regular general election, as applicable, shall provide notice
219 (i) each elective position of the local district to be filled at the next municipal general
220 election or regular general election, as applicable;
221 (ii) the constitutional and statutory qualifications for each position; and
222 (iii) the dates and times for filing a declaration of candidacy.
223 (b) The notice required under Subsection (3)(a) shall be:
224 (i) posted in at least five public places within the local district at least 10 days before
225 the first day for filing a declaration of candidacy; or
226 (ii) (A) published in a newspaper of general circulation within the local district at least
227 three but no more than 10 days before the first day for filing a declaration of candidacy; and
228 (B) published, in accordance with Section 45-1-101 , for 10 days before the first day for
229 filing a declaration of candidacy.
230 (4) (a) To become a candidate for an elective local district board position, the
231 prospective candidate shall file a declaration of candidacy in person with the local district,
232 during office hours [
234 year in which the election for the local district board is held.
235 (b) When [
236 holiday, the filing time shall be extended until the close of normal office hours on the
237 following regular business day.
238 (c) (i) Before the filing officer may accept any declaration of candidacy, the filing
239 officer shall:
240 (A) read to the prospective candidate the constitutional and statutory qualification
241 requirements for the office that the candidate is seeking; and
242 (B) require the candidate to state whether or not the candidate meets those
244 (ii) If the prospective candidate does not meet the qualification requirements for the
245 office, the filing officer may not accept the declaration of candidacy.
246 (iii) If it appears that the prospective candidate meets the requirements of candidacy,
247 the filing officer shall accept the declaration of candidacy.
248 (d) The declaration of candidacy shall substantially comply with the following form:
249 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
250 ____________, City of ________________, County of ________________, State of Utah,
251 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
252 for the office of board of trustees member for _______________________ (state the name of
253 the local district); that I am a candidate for that office to be voted upon at the next election, and
254 I hereby request that my name be printed upon the official ballot for that election.
255 (Signed) _________________________________________
256 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
257 of ____________, ____.
258 (Signed) ________________________
259 (Clerk or Notary Public)"
260 (e) Each person wishing to become a valid write-in candidate for an elective local
261 district board position is governed by Section 20A-9-601 .
262 (f) If at least one person does not file a declaration of candidacy as required by this
263 section, a person shall be appointed to fill that board position by following the procedures and
264 requirements for appointment established in Section 20A-1-512 .
265 (g) If only one candidate files a declaration of candidacy and there is no write-in
266 candidate who complies with Section 20A-9-601 , the board, in accordance with Section
267 20A-1-206 , may:
268 (i) consider the candidate to be elected to the position; and
269 (ii) cancel the election.
270 (5) (a) A primary election may be held if:
271 (i) the election is authorized by the local district board; and
272 (ii) the number of candidates for a particular local board position or office exceeds
273 twice the number of persons needed to fill that position or office.
274 (b) The primary election shall be conducted:
275 (i) on the same date as the municipal primary election[
277 (ii) according to the procedures for [
278 20A, Election Code.
279 (6) (a) Except as provided in Subsection (6)(c), within one business day after the
280 deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
281 names to the clerk of each county in which the local district is located [
283 (b) (i) Except as provided in Subsection (6)(c) and in accordance with Section
284 20A-6-305 , the clerk of each county in which the local district is located shall coordinate the
285 placement of the name of each candidate for local district office in the nonpartisan section of
286 the [
288 (ii) If consolidation of the local district election ballot with the municipal general
289 election ballot or the regular general election ballot, as applicable, is not feasible, the county
290 clerk shall provide for a separate local district election ballot to be administered by poll
291 workers at polling locations designated under Subsection (2).
292 (c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board
293 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
294 (ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shall
295 prescribe the form of the ballot for each board member election.
296 (B) Each ballot for an election of an irrigation district board member shall be in a
297 nonpartisan format.
298 (C) The name of each candidate shall be placed on the ballot in the order specified
299 under Section 20A-6-305 .
300 (7) (a) Each voter at an election for a board of trustees member of a local district shall:
301 (i) be a registered voter within the district, except for an election of:
302 (A) an irrigation district board of trustees member; or
303 (B) a basic local district board of trustees member who is elected by property owners;
305 (ii) meet the requirements to vote established by the district.
306 (b) Each voter may vote for as many candidates as there are offices to be filled.
307 (c) The candidates who receive the highest number of votes are elected.
308 (8) Except as otherwise provided by this section, the election of local district board
309 members is governed by Title 20A, Election Code.
310 (9) (a) [
311 on a local district board shall serve a four-year term, beginning at noon on the January 1 after
312 the person's election.
313 (b) A person elected shall be sworn in as soon as practical after January 1.
314 (10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse
315 the county or municipality holding an election under this section for the costs of the election
316 attributable to that local district.
317 (b) Each irrigation district shall bear its own costs of each election it holds under this
319 (11) This section does not apply to an improvement district that provides electric or gas
321 (12) Except as provided in Subsection 20A-3-605 (1)(b), the provisions of Title 20A,
322 Chapter 3, Part 6, Early Voting, do not apply to an election under this section.
323 (13) (a) As used in this Subsection (13), "board" means:
324 (i) a local district board; or
325 (ii) the administrative control board of a special service district that has elected
326 members on the board.
327 (b) A board may hold elections for membership on the board at a regular general
328 election instead of a municipal general election if the board submits an application to the
329 lieutenant governor that:
330 (i) requests permission to hold elections for membership on the board at a regular
331 general election instead of a municipal general election; and
332 (ii) indicates that holding elections at the time of the regular general election is
333 beneficial, based on potential cost savings, a potential increase in voter turnout, or another
334 material reason.
335 (c) Upon receipt of an application described in Subsection (13)(b), the lieutenant
336 governor may approve the application if the lieutenant governor concludes that holding the
337 elections at the regular general election is beneficial based on the criteria described in
338 Subsection (13)(b)(ii).
339 (d) If the lieutenant governor approves a board's application described in this section:
340 (i) all future elections for membership on the board shall be held at the time of the
341 regular general election; and
342 (ii) the board may not hold elections at the time of a municipal general election unless
343 the board receives permission from the lieutenant governor to hold all future elections for
344 membership on the board at a municipal general election instead of a regular general election,
345 under the same procedure, and by applying the same criteria, described in this Subsection (13).
346 Section 5. Section 17B-2a-404 is amended to read:
347 17B-2a-404. Improvement district board of trustees.
348 (1) As used in this section:
349 (a) "County district" means an improvement district that does not include within its
350 boundaries any territory of a municipality.
351 (b) "County member" means a member of a board of trustees of a county district.
352 (c) "Electric district" means an improvement district that was created for the purpose of
353 providing electric service.
354 (d) "Included municipality" means a municipality whose boundaries are entirely
355 contained within but do not coincide with the boundaries of an improvement district.
356 (e) "Municipal district" means an improvement district whose boundaries coincide
357 with the boundaries of a single municipality.
358 (f) "Regular district" means an improvement district that is not a county district,
359 electric district, or municipal district.
360 (g) "Remaining area" means the area of a regular district that:
361 (i) is outside the boundaries of an included municipality; and
362 (ii) includes the area of an included municipality whose legislative body elects, under
363 Subsection (4)(a)(ii), not to appoint a member to the board of trustees of the regular district.
364 (h) "Remaining area member" means a member of a board of trustees of a regular
365 district who is appointed, or, if applicable, elected to represent the remaining area of the
367 (2) The legislative body of the municipality included within a municipal district may:
368 (a) elect, at the time of the creation of the district, to be the board of trustees of the
369 district; and
370 (b) adopt at any time a resolution providing for:
371 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
372 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
373 (3) The legislative body of a county whose unincorporated area is partly or completely
374 within a county district may:
375 (a) elect, at the time of the creation of the district, to be the board of trustees of the
376 district; and
377 (b) adopt at any time a resolution providing for:
378 (i) the election of board of trustees members, as provided in Section 17B-1-306 ; or
379 (ii) the appointment of board of trustees members, as provided in Section 17B-1-304 .
380 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), the legislative body of each
381 included municipality shall each appoint one member to the board of trustees of a regular
383 (ii) The legislative body of an included municipality may elect not to appoint a member
384 to the board under Subsection (4)(a)(i).
385 (b) Except as provided in Subsection (5), the legislative body of each county whose
386 boundaries include a remaining area shall appoint all other members to the board of trustees of
387 a regular district.
388 (5) Notwithstanding Subsection (3), each remaining area member of a regular district
389 and each county member of a county district shall be elected, as provided in Section
390 17B-1-306 , if:
391 (a) the petition or resolution initiating the creation of the district provides for remaining
392 area or county members to be elected;
393 (b) the district holds an election to approve the district's issuance of bonds;
394 (c) for a regular district, an included municipality elects, under Subsection (4)(a)(ii),
395 not to appoint a member to the board of trustees; or
396 (d) (i) at least 90 days before the municipal general election or regular general election,
397 as applicable, a petition is filed with the district's board of trustees requesting remaining area
398 members or county members, as the case may be, to be elected; and
399 (ii) the petition is signed by registered voters within the remaining area or county
400 district, as the case may be, equal in number to at least 10% of the number of registered voters
401 within the remaining area or county district, respectively, who voted in the last gubernatorial
403 (6) Subject to Section 17B-1-302 , the number of members of a board of trustees of a
404 regular district shall be:
405 (a) the number of included municipalities within the district, if:
406 (i) the number is an odd number; and
407 (ii) the district does not include a remaining area;
408 (b) the number of included municipalities plus one, if the number of included
409 municipalities within the district is even; and
410 (c) the number of included municipalities plus two, if:
411 (i) the number of included municipalities is odd; and
412 (ii) the district includes a remaining area.
413 (7) (a) Except as provided in Subsection (7)(b), each remaining area member of the
414 board of trustees of a regular district shall reside within the remaining area.
415 (b) Notwithstanding Subsection (7)(a) and subject to Subsection (7)(c), each remaining
416 area member shall be chosen from the district at large if:
417 (i) the population of the remaining area is less than 5% of the total district population;
419 (ii) (A) the population of the remaining area is less than 50% of the total district
420 population; and
421 (B) the majority of the members of the board of trustees are remaining area members.
422 (c) Application of Subsection (7)(b) may not prematurely shorten the term of any
423 remaining area member serving the remaining area member's elected or appointed term on May
424 11, 2010.
425 (8) If the election of remaining area or county members of the board of trustees is
426 required because of a bond election, as provided in Subsection (5)(b):
427 (a) a person may file a declaration of candidacy if:
428 (i) the person resides within:
429 (A) the remaining area, for a regular district; or
430 (B) the county district, for a county district; and
431 (ii) otherwise qualifies as a candidate;
432 (b) the board of trustees shall, if required, provide a ballot separate from the bond
433 election ballot, containing the names of candidates and blanks in which a voter may write
434 additional names; and
435 (c) the election shall otherwise be governed by Title 20A, Election Code.
436 (9) (a) (i) This Subsection (9) applies to the board of trustees members of an electric
438 (ii) Subsections (2) through (8) do not apply to an electric district.
439 (b) The legislative body of the county in which an electric district is located may
440 appoint the initial board of trustees of the electric district as provided in Section 17B-1-304 .
441 (c) After the initial board of trustees is appointed as provided in Subsection (9)(b), each
442 member of the board of trustees of an electric district shall be elected by persons using
443 electricity from and within the district.
444 (d) Each member of the board of trustees of an electric district shall be a user of
445 electricity from the district and, if applicable, the division of the district from which elected.
446 (e) The board of trustees of an electric district may be elected from geographic
447 divisions within the district.
448 (f) A municipality within an electric district is not entitled to automatic representation
449 on the board of trustees.
450 Section 6. Section 17D-1-106 is amended to read:
451 17D-1-106. Special service districts subject to other provisions.
452 (1) A special service district is, to the same extent as if it were a local district, subject
453 to and governed by:
454 (a) (i) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , 17B-1-110 , 17B-1-111 , 17B-1-112 ,
455 17B-1-113 , 17B-1-116 , 17B-1-118 , 17B-1-119 , 17B-1-120 , 17B-1-121 , 17B-1-304 ,
457 17B-1-314 ; and
458 (ii) Sections 17B-1-305 and 17B-1-306 , to the extent that a county legislative body or a
459 municipal legislative body, as applicable, has delegated authority to an administrative control
460 board with elected members, under Section 17D-1-301 .
461 (b) Subsections:
462 (i) 17B-1-301 (3) and (4); and
463 (ii) 17B-1-303 (1), (2)(a) and (b), (3), (4), (5), (6), and (7);
464 (c) Section 20A-1-512 ;
465 (d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
466 (e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
467 (f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
468 (g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
469 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
470 district, each reference in those provisions to the local district board of trustees means the
471 governing body.
472 Section 7. Section 20A-1-102 is amended to read:
473 20A-1-102. Definitions.
474 As used in this title:
475 (1) "Active voter" means a registered voter who has not been classified as an inactive
476 voter by the county clerk.
477 (2) "Automatic tabulating equipment" means apparatus that automatically examines
478 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
479 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
480 upon which a voter records the voter's votes.
481 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
483 (4) "Ballot sheet":
484 (a) means a ballot that:
485 (i) consists of paper or a card where the voter's votes are marked or recorded; and
486 (ii) can be counted using automatic tabulating equipment; and
487 (b) includes punch card ballots and other ballots that are machine-countable.
488 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
489 (a) contain the names of offices and candidates and statements of ballot propositions to
490 be voted on; and
491 (b) are used in conjunction with ballot sheets that do not display that information.
492 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
493 on the ballot for their approval or rejection including:
494 (a) an opinion question specifically authorized by the Legislature;
495 (b) a constitutional amendment;
496 (c) an initiative;
497 (d) a referendum;
498 (e) a bond proposition;
499 (f) a judicial retention question;
500 (g) an incorporation of a city or town; or
501 (h) any other ballot question specifically authorized by the Legislature.
502 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
503 together with a staple or stitch in at least three places across the top of the paper in the blank
504 space reserved for securing the paper.
505 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
506 20A-4-306 to canvass election returns.
507 (9) "Bond election" means an election held for the purpose of approving or rejecting
508 the proposed issuance of bonds by a government entity.
509 (10) "Book voter registration form" means voter registration forms contained in a
510 bound book that are used by election officers and registration agents to register persons to vote.
511 (11) "Business reply mail envelope" means an envelope that may be mailed free of
512 charge by the sender.
513 (12) "By-mail voter registration form" means a voter registration form designed to be
514 completed by the voter and mailed to the election officer.
515 (13) "Canvass" means the review of election returns and the official declaration of
516 election results by the board of canvassers.
517 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
518 the canvass.
519 (15) "Contracting election officer" means an election officer who enters into a contract
520 or interlocal agreement with a provider election officer.
521 (16) "Convention" means the political party convention at which party officers and
522 delegates are selected.
523 (17) "Counting center" means one or more locations selected by the election officer in
524 charge of the election for the automatic counting of ballots.
525 (18) "Counting judge" means a poll worker designated to count the ballots during
526 election day.
527 (19) "Counting poll watcher" means a person selected as provided in Section
528 20A-3-201 to witness the counting of ballots.
529 (20) "Counting room" means a suitable and convenient private place or room,
530 immediately adjoining the place where the election is being held, for use by the poll workers
531 and counting judges to count ballots during election day.
532 (21) "County officers" means those county officers that are required by law to be
534 (22) "Date of the election" or "election day" or "day of the election":
535 (a) means the day that is specified in the calendar year as the day that the election
536 occurs; and
537 (b) does not include:
538 (i) deadlines established for absentee voting; or
539 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
541 (23) "Elected official" means:
542 (a) a person elected to an office under Section 20A-1-303 ;
543 (b) a person who is considered to be elected to a municipal office in accordance with
544 Subsection 20A-1-206 (1)(c)(ii); or
545 (c) a person who is considered to be elected to a local district office in accordance with
546 Subsection 20A-1-206 (3)(c)(ii).
547 (24) "Election" means a regular general election, a municipal general election, a
548 statewide special election, a local special election, a regular primary election, a municipal
549 primary election, and a local district election.
550 (25) "Election Assistance Commission" means the commission established by Public
551 Law 107-252, the Help America Vote Act of 2002.
552 (26) "Election cycle" means the period beginning on the first day persons are eligible to
553 file declarations of candidacy and ending when the canvass is completed.
554 (27) "Election judge" means a poll worker that is assigned to:
555 (a) preside over other poll workers at a polling place;
556 (b) act as the presiding election judge; or
557 (c) serve as a canvassing judge, counting judge, or receiving judge.
558 (28) "Election officer" means:
559 (a) the lieutenant governor, for all statewide ballots and elections;
560 (b) the county clerk for:
561 (i) a county ballot and election; and
562 (ii) a ballot and election as a provider election officer as provided in Section
563 20A-5-400.1 or 20A-5-400.5 ;
564 (c) the municipal clerk for:
565 (i) a municipal ballot and election; and
566 (ii) a ballot and election as a provider election officer as provided in Section
567 20A-5-400.1 or 20A-5-400.5 ;
568 (d) the local district clerk or chief executive officer for:
569 (i) a local district ballot and election; and
570 (ii) a ballot and election as a provider election officer as provided in Section
571 20A-5-400.1 or 20A-5-400.5 ; or
572 (e) the business administrator or superintendent of a school district for:
573 (i) a school district ballot and election; and
574 (ii) a ballot and election as a provider election officer as provided in Section
575 20A-5-400.1 or 20A-5-400.5 .
576 (29) "Election official" means any election officer, election judge, or poll worker.
577 (30) "Election results" means:
578 (a) for an election other than a bond election, the count of votes cast in the election and
579 the election returns requested by the board of canvassers; or
580 (b) for bond elections, the count of those votes cast for and against the bond
581 proposition plus any or all of the election returns that the board of canvassers may request.
582 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
583 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
584 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
585 form, and the total votes cast form.
586 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
587 device or other voting device that records and stores ballot information by electronic means.
588 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
589 or logically associated with a record and executed or adopted by a person with the intent to sign
590 the record.
591 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
592 (b) "Electronic voting device" includes a direct recording electronic voting device.
593 (35) "Inactive voter" means a registered voter who has:
594 (a) been sent the notice required by Section 20A-2-306 ; and
595 (b) failed to respond to that notice.
596 (36) "Inspecting poll watcher" means a person selected as provided in this title to
597 witness the receipt and safe deposit of voted and counted ballots.
598 (37) "Judicial office" means the office filled by any judicial officer.
599 (38) "Judicial officer" means any justice or judge of a court of record or any county
600 court judge.
601 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
602 Local Government Entities - Local Districts, and includes a special service district under Title
603 17D, Chapter 1, Special Service District Act.
604 (40) "Local district officers" means those local district [
605 are required by law to be elected.
606 (41) "Local election" means a regular municipal election, a local special election, a
607 local district election, and a bond election.
608 (42) "Local political subdivision" means a county, a municipality, a local district, or a
609 local school district.
610 (43) "Local special election" means a special election called by the governing body of a
611 local political subdivision in which all registered voters of the local political subdivision may
613 (44) "Municipal executive" means:
614 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
616 (b) the mayor in the council-manager form of government defined in Subsection
617 10-3b-103 (6).
618 (45) "Municipal general election" means the election held in municipalities and, as
619 applicable, local districts on the first Tuesday after the first Monday in November of each
620 odd-numbered year for the purposes established in Section 20A-1-202 .
621 (46) "Municipal legislative body" means the council of the city or town in any form of
622 municipal government.
623 (47) "Municipal office" means an elective office in a municipality.
624 (48) "Municipal officers" means those municipal officers that are required by law to be
626 (49) "Municipal primary election" means an election held to nominate candidates for
627 municipal office.
628 (50) "Official ballot" means the ballots distributed by the election officer to the poll
629 workers to be given to voters to record their votes.
630 (51) "Official endorsement" means:
631 (a) the information on the ballot that identifies:
632 (i) the ballot as an official ballot;
633 (ii) the date of the election; and
634 (iii) the facsimile signature of the election officer; and
635 (b) the information on the ballot stub that identifies:
636 (i) the poll worker's initials; and
637 (ii) the ballot number.
638 (52) "Official register" means the official record furnished to election officials by the
639 election officer that contains the information required by Section 20A-5-401 .
640 (53) "Paper ballot" means a paper that contains:
641 (a) the names of offices and candidates and statements of ballot propositions to be
642 voted on; and
643 (b) spaces for the voter to record the voter's vote for each office and for or against each
644 ballot proposition.
645 (54) "Political party" means an organization of registered voters that has qualified to
646 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
647 and Procedures.
648 (55) (a) "Poll worker" means a person assigned by an election official to assist with an
649 election, voting, or counting votes.
650 (b) "Poll worker" includes election judges.
651 (c) "Poll worker" does not include a watcher.
652 (56) "Pollbook" means a record of the names of voters in the order that they appear to
653 cast votes.
654 (57) "Polling place" means the building where voting is conducted.
655 (58) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
656 in which the voter marks the voter's choice.
658 nominees for the regular primary election are selected.
660 (a) is built into a voting machine; and
661 (b) records the total number of movements of the operating lever.
663 contract or interlocal agreement with a contracting election officer to conduct an election for
664 the contracting election officer's local political subdivision in accordance with Section
665 20A-5-400.1 .
667 (a) whose name is not listed on the official register at the polling place;
668 (b) whose legal right to vote is challenged as provided in this title; or
669 (c) whose identity was not sufficiently established by a poll worker.
671 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
672 information to verify a person's legal right to vote.
673 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
674 duties of the position for which the person was elected.
675 (65) "Receiving judge" means the poll worker that checks the voter's name in the
676 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
677 after the voter has voted.
678 (66) "Registration form" means a book voter registration form and a by-mail voter
679 registration form.
680 (67) "Regular ballot" means a ballot that is not a provisional ballot.
681 (68) "Regular general election" means the election held throughout the state on the first
682 Tuesday after the first Monday in November of each even-numbered year for the purposes
683 established in Section 20A-1-201 .
684 (69) "Regular primary election" means the election on the fourth Tuesday of June of
685 each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
686 advance to the regular general election.
687 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
688 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
689 and distributed as provided in Section 20A-5-405 .
690 (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
691 punch the ballot for one or more candidates who are members of different political parties.
692 (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
693 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
694 the voter's vote.
695 (74) "Special election" means an election held as authorized by Section 20A-1-203 .
696 (75) "Spoiled ballot" means each ballot that:
697 (a) is spoiled by the voter;
698 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
699 (c) lacks the official endorsement.
700 (76) "Statewide special election" means a special election called by the governor or the
701 Legislature in which all registered voters in Utah may vote.
702 (77) "Stub" means the detachable part of each ballot.
703 (78) "Substitute ballots" means replacement ballots provided by an election officer to
704 the poll workers when the official ballots are lost or stolen.
705 (79) "Ticket" means each list of candidates for each political party or for each group of
707 (80) "Transfer case" means the sealed box used to transport voted ballots to the
708 counting center.
709 (81) "Vacancy" means the absence of a person to serve in any position created by
710 statute, whether that absence occurs because of death, disability, disqualification, resignation,
711 or other cause.
712 (82) "Valid voter identification" means:
713 (a) a form of identification that bears the name and photograph of the voter which may
715 (i) a currently valid Utah driver license;
716 (ii) a currently valid identification card that is issued by:
717 (A) the state; or
718 (B) a branch, department, or agency of the United States;
719 (iii) a currently valid Utah permit to carry a concealed weapon;
720 (iv) a currently valid United States passport; or
721 (v) a currently valid United States military identification card;
722 (b) one of the following identification cards, whether or not the card includes a
723 photograph of the voter:
724 (i) a valid tribal identification card;
725 (ii) a Bureau of Indian Affairs card; or
726 (iii) a tribal treaty card; or
727 (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
728 the name of the voter and provide evidence that the voter resides in the voting precinct, which
729 may include:
730 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
732 (ii) a bank or other financial account statement, or a legible copy thereof;
733 (iii) a certified birth certificate;
734 (iv) a valid Social Security card;
735 (v) a check issued by the state or the federal government or a legible copy thereof;
736 (vi) a paycheck from the voter's employer, or a legible copy thereof;
737 (vii) a currently valid Utah hunting or fishing license;
738 (viii) certified naturalization documentation;
739 (ix) a currently valid license issued by an authorized agency of the United States;
740 (x) a certified copy of court records showing the voter's adoption or name change;
741 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
742 (xii) a currently valid identification card issued by:
743 (A) a local government within the state;
744 (B) an employer for an employee; or
745 (C) a college, university, technical school, or professional school located within the
746 state; or
747 (xiii) a current Utah vehicle registration.
748 (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
749 candidate by following the procedures and requirements of this title.
750 (84) "Voter" means a person who:
751 (a) meets the requirements for voting in an election;
752 (b) meets the requirements of election registration;
753 (c) is registered to vote; and
754 (d) is listed in the official register book.
755 (85) "Voter registration deadline" means the registration deadline provided in Section
756 20A-2-102.5 .
757 (86) "Voting area" means the area within six feet of the voting booths, voting
758 machines, and ballot box.
759 (87) "Voting booth" means:
760 (a) the space or compartment within a polling place that is provided for the preparation
761 of ballots, including the voting machine enclosure or curtain; or
762 (b) a voting device that is free standing.
763 (88) "Voting device" means:
764 (a) an apparatus in which ballot sheets are used in connection with a punch device for
765 piercing the ballots by the voter;
766 (b) a device for marking the ballots with ink or another substance;
767 (c) an electronic voting device or other device used to make selections and cast a ballot
768 electronically, or any component thereof;
769 (d) an automated voting system under Section 20A-5-302 ; or
770 (e) any other method for recording votes on ballots so that the ballot may be tabulated
771 by means of automatic tabulating equipment.
772 (89) "Voting machine" means a machine designed for the sole purpose of recording
773 and tabulating votes cast by voters at an election.
774 (90) "Voting poll watcher" means a person appointed as provided in this title to
775 witness the distribution of ballots and the voting process.
776 (91) "Voting precinct" means the smallest voting unit established as provided by law
777 within which qualified voters vote at one polling place.
778 (92) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
779 poll watcher, and a testing watcher.
780 (93) "Western States Presidential Primary" means the election established in Chapter 9,
781 Part 8, Western States Presidential Primary.
782 (94) "Write-in ballot" means a ballot containing any write-in votes.
783 (95) "Write-in vote" means a vote cast for a person whose name is not printed on the
784 ballot according to the procedures established in this title.
785 Section 8. Section 20A-1-201 is amended to read:
786 20A-1-201. Date and purpose of regular general elections.
787 (1) A regular general election shall be held throughout the state on the first Tuesday
788 after the first Monday in November of each even-numbered year.
789 (2) At the regular general election, the voters shall:
790 (a) choose persons to serve the terms established by law for the following offices:
791 (i) electors of President and Vice President of the United States;
792 (ii) United States Senators;
793 (iii) Representatives to the United States Congress;
794 (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
795 (v) senators and representatives to the Utah Legislature;
796 (vi) county officers;
797 (vii) State School Board members;
798 (viii) local school board members; [
799 (ix) except as provided in Subsection (3), local district officers, as applicable; and
801 (b) approve or reject:
802 (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
803 under procedures established in the Utah Code;
804 (ii) any proposed initiatives or referenda that have qualified for the ballot under
805 procedures established in the Utah Code; and
806 (iii) any other ballot propositions submitted to the voters that are authorized by the
807 Utah Code.
808 (3) This section:
809 (a) applies to a special service district for which the county legislative body or the
810 municipal legislative body, as applicable, has delegated authority for the special service district
811 to an administrative control board; and
812 (b) does not apply to a special service district for which the county legislative body or
813 the municipal legislative body, as applicable, has not delegated authority for the special service
814 district to an administrative control board.
815 Section 9. Section 20A-1-202 is amended to read:
816 20A-1-202. Date and purpose of municipal general election.
817 (1) Except as provided in Section 20A-1-206 , a municipal general election shall be
818 held in municipalities, and local districts as applicable, on the first Tuesday after the first
819 Monday in November of each odd-numbered year.
820 (2) At the municipal general election, the voters shall:
821 (a) (i) choose persons to serve as municipal officers; and
822 (ii) for a local district that holds an election during an odd-numbered year, choose
823 persons to serve as local district officers; and
824 (b) approve or reject:
825 (i) any proposed initiatives or referenda that have qualified for the ballot as provided
826 by law; and
827 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
829 Section 10. Section 20A-5-101 is amended to read:
830 20A-5-101. Notice of election.
831 (1) On or before February 1 in each regular general election year, the lieutenant
832 governor shall prepare and transmit a written notice to each county clerk that:
833 (a) designates the offices to be filled at the regular general election;
834 (b) identifies the dates for filing a declaration of candidacy for those offices;
835 (c) includes the master ballot position list for the current year and the next year as
836 established under Section 20A-6-305 ; and
837 (d) contains a description of any ballot propositions to be decided by the voters that
838 have qualified for the ballot as of that date.
839 (2) (a) No later than February 15, each county clerk shall:
840 (i) publish a notice:
841 (A) once in a newspaper published in that county; and
842 (B) as required in Section 45-1-101 ; or
843 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
844 give notice of the election to the voters in each voting precinct within the county; and
845 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
846 where the notice was posted.
847 (b) The notice required by Subsection (2)(a) shall:
848 (i) designate the offices to be voted on in that election [
850 (ii) identify the dates for filing a declaration of candidacy for those offices.
851 (3) Before each election, the election officer shall give written or printed notice of:
852 (a) the date and place of election;
853 (b) the hours during which the polls will be open;
854 (c) the polling places for each voting precinct;
855 (d) an election day voting center designated under Section 20A-3-703 ; and
856 (e) the qualifications for persons to vote in the election.
857 (4) To provide the notice required by Subsection (3), the election officer shall publish
858 the notice at least two days before the election:
859 (a) in a newspaper of general circulation common to the area or in which the election is
860 being held; and
861 (b) as required in Section 45-1-101 .
862 Section 11. Coordinating H.B. 415 with H.B. 369 -- Technical amendments.
863 If this H.B. 415 and H.B. 369, Missed Elections Amendments, both pass and become
864 law, it is the intent of the Legislature that the Office of Legislative Research and General
865 Counsel prepare the Utah Code database for publication as follows:
866 (1) by amending Subsection 17B-1-301 (3)(a)(i)(A) to read:
867 "(A) begins on the day on which [
869 held to elect a local district board member; and"; and
870 (2) by amending Subsection 17B-1-301 (3)(c)(i) to read:
871 "(i) all the elected local district board members who held office on the day of the
873 members whose [
874 local district board; and".
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