1     
AMENDMENTS TO ELECTION LAW

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jack R. Draxler

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to election law.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the date on which a municipal clerk is required to publish an election
13     notice;
14          ▸     changes provisions related to filling a midterm vacancy in a municipal office;
15          ▸     creates a deadline by which a county clerk is required to send notification to an
16     individual who submits a voter registration application;
17          ▸     clarifies provisions related to filing a declaration of candidacy for municipal office;
18          ▸     changes criteria related to the signatures that are required for a petition to create a
19     new school district; and
20          ▸     makes technical corrections.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          10-3-301, as last amended by Laws of Utah 2014, Chapter 38

28          20A-1-510, as last amended by Laws of Utah 2012, Chapter 327
29          20A-2-304, as last amended by Laws of Utah 2006, Chapter 264
30          20A-9-203, as last amended by Laws of Utah 2014, Chapter 38
31          20A-9-404, as last amended by Laws of Utah 2013, Chapter 402
32          53A-2-118, as last amended by Laws of Utah 2010, Chapter 230
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 10-3-301 is amended to read:
36          10-3-301. Notice -- Eligibility and residency requirements for elected municipal
37     office -- Mayor and recorder limitations.
38          (1) (a) On or before [February 1] May 1 in a year in which there is a municipal general
39     election, the municipal clerk shall publish a notice that identifies:
40          (i) the municipal offices to be voted on in the municipal general election; and
41          (ii) the dates for filing a declaration of candidacy for the offices identified under
42     Subsection (1)(a)(i).
43          (b) The municipal clerk shall publish the notice described in Subsection (1)(a):
44          (i) on the Utah Public Notice Website established by Section 63F-1-701; and
45          (ii) in at least one of the following ways:
46          (A) at the principal office of the municipality;
47          (B) in a newspaper of general circulation within the municipality at least once a week
48     for two successive weeks in accordance with Section 45-1-101;
49          (C) in a newsletter produced by the municipality;
50          (D) on a website operated by the municipality; or
51          (E) with a utility enterprise fund customer's bill.
52          (2) (a) A person filing a declaration of candidacy for a municipal office shall meet the
53     requirements of Section 20A-9-203.
54          (b) (i) Except as provided in Subsection (2)(b)(ii), the city recorder or town clerk of
55     each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
56     Subsections 20A-9-203(2)(a)(i) and (b)(i) unless the date occurs on a:
57          (A) Saturday or Sunday; or
58          (B) state holiday as listed in Section 63G-1-301.

59          (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
60     is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
61     (2)(b)(i) without maintaining office hours by:
62          (A) posting the recorder's or clerk's contact information, including a phone number and
63     email address, on the recorder's or clerk's office door, the main door to the municipal offices,
64     and, if available, on the municipal website; and
65          (B) being available at that contact information from 8 a.m. to 5 p.m. on the dates
66     described in Subsection (2)(b)(i).
67          (3) Any person elected to municipal office shall be a registered voter in the
68     municipality in which the person was elected.
69          (4) (a) Each elected officer of a municipality shall maintain residency within the
70     boundaries of the municipality during the officer's term of office.
71          (b) If an elected officer of a municipality establishes a principal place of residence as
72     provided in Section 20A-2-105 outside the municipality during the officer's term of office, the
73     office is automatically vacant.
74          (5) If an elected municipal officer is absent from the municipality any time during the
75     officer's term of office for a continuous period of more than 60 days without the consent of the
76     municipal legislative body, the municipal office is automatically vacant.
77          (6) (a) A mayor of a municipality may not also serve as the municipal recorder or
78     treasurer.
79          (b) The recorder of a municipality may not also serve as the municipal treasurer.
80          Section 2. Section 20A-1-510 is amended to read:
81          20A-1-510. Midterm vacancies in municipal offices.
82          (1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the
83     office of municipal executive or member of a municipal legislative body, the municipal
84     legislative body shall appoint a registered voter in the municipality who meets the
85     qualifications for office established in Section 10-3-301 to fill the unexpired term of the
86     vacated office [vacated until the January following the next municipal election].
87          (b) Before acting to fill the vacancy, the municipal legislative body shall:
88          (i) give public notice of the vacancy at least two weeks before the municipal legislative
89     body meets to fill the vacancy;

90          (ii) identify, in the notice:
91          (A) the date, time, and place of the meeting where the vacancy will be filled;
92          (B) the person to whom a person interested in being appointed to fill the vacancy may
93     submit the interested person's name for consideration; and
94          (C) the deadline for submitting an interested person's name; and
95          (iii) in an open meeting, interview each person whose name was submitted for
96     consideration and meets the qualifications for office regarding the person's qualifications.
97          (c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within
98     30 days after the vacancy occurs, the municipal legislative body shall fill the vacancy from
99     among the names that have been submitted.
100          (ii) The two persons having the highest number of votes of the municipal legislative
101     body after a first vote is taken shall appear before the municipal legislative body and the
102     municipal legislative body shall vote again.
103          (iii) If neither candidate receives a majority vote of the municipal legislative body at
104     that time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
105          (2) (a) A vacancy in the office of municipal executive or member of a municipal
106     legislative body shall be filled by an interim appointment, followed by an election to fill a
107     two-year term, if:
108          (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
109     at least 14 days before the deadline for filing for election in an odd-numbered year; and
110          (ii) two years of the vacated term will remain after the first Monday of January
111     following the next municipal election.
112          (b) In appointing an interim replacement, the municipal legislative body shall:
113          (i) comply with the notice requirements of this section; and
114          (ii) in an open meeting, interview each person whose name was submitted for
115     consideration and meets the qualifications for office regarding the person's qualifications.
116          (3) (a) In a municipality operating under the council-mayor form of government, as
117     defined in Section 10-3b-102:
118          (i) the council may appoint a person to fill a vacancy in the office of mayor before the
119     effective date of the mayor's resignation by making the effective date of the appointment the
120     same as the effective date of the mayor's resignation; and

121          (ii) if a vacancy in the office of mayor occurs before the effective date of an
122     appointment under Subsection (1) or (2) to fill the vacancy, the council chair shall serve as
123     acting mayor during the time between the creation of the vacancy and the effective date of the
124     appointment to fill the vacancy.
125          (b) While serving as acting mayor under Subsection (3)(a)(ii), the council chair
126     continues to:
127          (i) act as a council member; and
128          (ii) vote at council meetings.
129          Section 3. Section 20A-2-304 is amended to read:
130          20A-2-304. County clerk's responsibilities -- Notice of disposition.
131          Each county clerk shall:
132          (1) register to vote each applicant for registration who meets the requirements for
133     registration and who:
134          (a) submits a completed voter registration form to the county clerk on or before the
135     voter registration deadline;
136          (b) submits a completed voter registration form to the Driver License Division, a
137     public assistance agency, or a discretionary voter registration agency on or before the voter
138     registration deadline; or
139          (c) mails a completed by-mail voter registration form to the county clerk on or before
140     the voter registration deadline; and
141          (2) within 30 days after the day on which the county clerk processes a voter registration
142     application, send a notice to the [voter] individual who submitted the application informing the
143     [voter] individual that:
144          (a) the [voter's] individual's application for voter registration has been accepted and
145     that the [voter] individual is registered to vote;
146          (b) the [voter's] individual's application for voter registration has been rejected and the
147     reason for the rejection; or
148          (c) the application for voter registration is being returned to the [voter] individual for
149     further action because the application is incomplete and giving instructions to the [voter]
150     individual about how to properly complete the application.
151          Section 4. Section 20A-9-203 is amended to read:

152          20A-9-203. Declarations of candidacy -- Municipal general elections.
153          (1) (a) (i) A person may become a candidate for any municipal office if:
154          (A) the person is a registered voter; and
155          (B) (I) the person has resided within the municipality in which that person seeks to
156     hold elective office for the 12 consecutive months immediately before the date of the election;
157     or
158          (II) if the territory in which the person resides was annexed into the municipality, the
159     person has resided within the annexed territory or the municipality the 12 consecutive months
160     immediately before the date of the election.
161          (ii) For purposes of determining whether a person meets the residency requirement of
162     Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
163     the election, the municipality shall be considered to have been incorporated 12 months before
164     the date of the election.
165          (b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal
166     council position shall, if elected from a district, be a resident of the council district from which
167     elected.
168          (c) In accordance with Utah Constitution, Article IV, Section 6, any mentally
169     incompetent person, any person convicted of a felony, or any person convicted of treason or a
170     crime against the elective franchise may not hold office in this state until the right to hold
171     elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
172          (2) (a) A person seeking to become a candidate for a municipal office, regardless of the
173     nomination method by which the person seeks to become a candidate, shall:
174          (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
175     the office hours described in Section 10-3-301 and not later than the close of those office
176     hours, between June 1 and June 7 of any odd-numbered year; and
177          (ii) pay the filing fee, if one is required by municipal ordinance.
178          (b) Any resident of a municipality may nominate a candidate for a municipal office by:
179          (i) filing a nomination petition with the city recorder or town clerk during the office
180     hours described in Section 10-3-301 and not later than the close of those office hours, between
181     June 1 and June 7 of any odd-numbered year; and
182          (ii) paying the filing fee, if one is required by municipal ordinance.

183          (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
184     petition, the filing officer shall:
185          (i) read to the prospective candidate or person filing the petition the constitutional and
186     statutory qualification requirements for the office that the candidate is seeking; and
187          (ii) require the candidate or person filing the petition to state whether the candidate
188     meets those requirements.
189          (b) If the prospective candidate does not meet the qualification requirements for the
190     office, the filing officer may not accept the declaration of candidacy or nomination petition.
191          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
192     filing officer shall:
193          (i) inform the candidate that the candidate's name will appear on the ballot as it is
194     written on the declaration of candidacy;
195          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
196     for the office the candidate is seeking and inform the candidate that failure to comply will
197     result in disqualification as a candidate and removal of the candidate's name from the ballot;
198          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
199     Electronic Voter Information Website Program and inform the candidate of the submission
200     deadline under Subsection 20A-7-801(4)(a);
201          (iv) provide the candidate with a copy of the pledge of fair campaign practices
202     described under Section 20A-9-206 and inform the candidate that:
203          (A) signing the pledge is voluntary; and
204          (B) signed pledges shall be filed with the filing officer; and
205          (v) accept the declaration of candidacy or nomination petition.
206          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
207     officer shall:
208          (i) accept the candidate's pledge; and
209          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
210     candidate's pledge to the chair of the county or state political party of which the candidate is a
211     member.
212          (4) Notwithstanding the requirement in Subsection (2)(a)(i) to file a declaration of
213     candidacy in person, a person may designate an agent to file the form described in Subsection

214     (5) in person with the city recorder or town clerk if:
215          (a) the person is located outside the state during the filing period because:
216          (i) of employment with the state or the United States; or
217          (ii) the person is a member of:
218          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
219     Coast Guard of the United States who is on active duty;
220          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
221     commissioned corps of the National Oceanic and Atmospheric Administration of the United
222     States; or
223          (C) the National Guard on activated status;
224          (b) the person makes the declaration of candidacy described in Subsection (5) to a
225     person qualified to administer an oath;
226          (c) the person communicates with the city recorder or town clerk using an electronic
227     device that allows the person and the city recorder or town clerk to see and hear each other; and
228          (d) the person provides the city recorder or town clerk with an email address to which
229     the filing officer may send the copies described in Subsection (3).
230          (5) (a) The declaration of candidacy shall substantially comply with the following
231     form:
232          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
233     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
234     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
235     the legal qualifications required of candidates for this office. I will file all campaign financial
236     disclosure reports as required by law and I understand that failure to do so will result in my
237     disqualification as a candidate for this office and removal of my name from the ballot. I
238     request that my name be printed upon the applicable official ballots. (Signed)
239     _______________
240          Subscribed and sworn to (or affirmed) before me by ____ on this
241     __________(month\day\year).
242          (Signed) _______________ (Clerk or other officer qualified to administer oath)"
243          (b) An agent designated to file a declaration of candidacy under Subsection (4) may not
244     sign the form described in Subsection (5)(a).

245          (6) (a) A registered voter may be nominated for municipal office by submitting a
246     petition signed, with a holographic signature, by:
247          (i) 25 residents of the municipality who are at least 18 years old; or
248          (ii) 20% of the residents of the municipality who are at least 18 years old.
249          (b) (i) The petition shall substantially conform to the following form:
250     
"NOMINATION PETITION

251          The undersigned residents of (name of municipality) being 18 years old or older
252     nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
253     applicable)."
254          (ii) The remainder of the petition shall contain lines and columns for the signatures of
255     persons signing the petition and their addresses and telephone numbers.
256          (7) If the declaration of candidacy or nomination petition fails to state whether the
257     nomination is for the two or four-year term, the clerk shall consider the nomination to be for
258     the four-year term.
259          (8) (a) The clerk shall verify with the county clerk that all candidates are registered
260     voters.
261          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
262     print the candidate's name on the ballot.
263          (9) Immediately after expiration of the period for filing a declaration of candidacy, the
264     clerk shall:
265          (a) cause the names of the candidates as they will appear on the ballot to be published:
266          (i) in at least two successive publications of a newspaper with general circulation in the
267     municipality; and
268          (ii) as required in Section 45-1-101; and
269          (b) notify the lieutenant governor of the names of the candidates as they will appear on
270     the ballot.
271          (10) A declaration of candidacy or nomination petition filed under this section may not
272     be amended after the expiration of the period for filing a declaration of candidacy.
273          (11) (a) A declaration of candidacy or nomination petition filed under this section is
274     valid unless a written objection is filed with the clerk within five days after the last day for
275     filing.

276          (b) If an objection is made, the clerk shall:
277          (i) mail or personally deliver notice of the objection to the affected candidate
278     immediately; and
279          (ii) decide any objection within 48 hours after it is filed.
280          (c) If the clerk sustains the objection, the candidate may correct the problem by
281     amending the declaration or petition within three days after the objection is sustained or by
282     filing a new declaration within three days after the objection is sustained.
283          (d) (i) The clerk's decision upon objections to form is final.
284          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
285     prompt application is made to the district court.
286          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
287     of its discretion, agrees to review the lower court decision.
288          (12) Any person who filed a declaration of candidacy and was nominated, and any
289     person who was nominated by a nomination petition, may, any time up to 23 days before the
290     election, withdraw the nomination by filing a written affidavit with the clerk.
291          Section 5. Section 20A-9-404 is amended to read:
292          20A-9-404. Municipal primary elections.
293          (1) (a) Except as otherwise provided in this section, candidates for municipal office in
294     all municipalities shall be nominated at a municipal primary election.
295          (b) Municipal primary elections shall be held:
296          (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
297     Monday in the August before the regular municipal election; and
298          (ii) whenever possible, at the same polling places as the regular municipal election.
299          (2) If the number of candidates for a particular municipal office does not exceed twice
300     the number of persons needed to fill that office, a primary election for that office may not be
301     held and the candidates are considered nominated.
302          (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
303     of voters or delegates.
304          (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
305     election, any third, fourth, or fifth class city or town may exempt itself from a primary election
306     by providing that the nomination of candidates for municipal office to be voted upon at a

307     municipal election be nominated by a political party convention or committee.
308          (ii) Any primary election exemption ordinance adopted under the authority of this
309     subsection remains in effect until repealed by ordinance.
310          (c) (i) A convention or committee may not nominate:
311          (A) an individual who has not submitted a declaration of candidacy under Section
312     20A-9-203; or
313          (B) more than one group of candidates, or have placed on the ballot more than one
314     group of candidates, for the municipal offices to be voted upon at the municipal election.
315          (ii) A convention or committee may nominate a person who has been nominated by a
316     different convention or committee.
317          (iii) A political party may not have more than one group of candidates placed upon the
318     ballot and may not group the same candidates on different tickets by the same party under a
319     different name or emblem.
320          (d) (i) The convention or committee shall prepare a certificate of nomination for each
321     person nominated.
322          (ii) The certificate of nomination shall:
323          (A) contain the name of the office for which each person is nominated, the name, post
324     office address, and, if in a city, the street number of residence and place of business, if any, of
325     each person nominated;
326          (B) designate in not more than five words the political party that the convention or
327     committee represents;
328          (C) contain a copy of the resolution passed at the convention that authorized the
329     committee to make the nomination;
330          (D) contain a statement certifying that the name of the candidate nominated by the
331     political party will not appear on the ballot as a candidate for any other political party;
332          (E) be signed by the presiding officer and secretary of the convention or committee;
333     and
334          (F) contain a statement identifying the residence and post office address of the
335     presiding officer and secretary and certifying that the presiding officer and secretary were
336     officers of the convention or committee and that the certificates are true to the best of their
337     knowledge and belief.

338          (iii) Certificates of nomination shall be filed with the clerk not later than 80 days
339     before the municipal general election.
340          (e) A committee appointed at a convention, if authorized by an enabling resolution,
341     may also make nominations or fill vacancies in nominations made at a convention.
342          (f) The election ballot shall substantially comply with the form prescribed in Title 20A,
343     Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
344     be included with the candidate's name.
345          (4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the May 1
346     that falls before the regular municipal election that:
347          (i) exempts the city from the other methods of nominating candidates to municipal
348     office provided in this section; and
349          (ii) provides for a partisan primary election method of nominating candidates as
350     provided in this Subsection (4).
351          (b) (i) Any party that was a registered political party at the last regular general election
352     or regular municipal election is a municipal political party under this section.
353          (ii) Any political party may qualify as a municipal political party by presenting a
354     petition to the city recorder that:
355          (A) is signed, with a holographic signature, by registered voters within the municipality
356     equal to at least 20% of the number of votes cast for all candidates for mayor in the last
357     municipal election at which a mayor was elected;
358          (B) is filed with the city recorder by May 31 of any odd-numbered year;
359          (C) is substantially similar to the form of the signature sheets described in Section
360     20A-7-303; and
361          (D) contains the name of the municipal political party using not more than five words.
362          (c) (i) If the number of candidates for a particular office does not exceed twice the
363     number of offices to be filled at the regular municipal election, no partisan primary election for
364     that office shall be held and the candidates are considered to be nominated.
365          (ii) If the number of candidates for a particular office exceeds twice the number of
366     offices to be filled at the regular municipal election, those candidates for municipal office shall
367     be nominated at a partisan primary election.
368          (d) The clerk shall ensure that:

369          (i) the partisan municipal primary ballot is similar to the ballot forms required by
370     Sections 20A-6-401 and 20A-6-401.1;
371          (ii) the candidates for each municipal political party are listed in one or more columns
372     under their party name and emblem;
373          (iii) the names of candidates of all parties are printed on the same ballot, but under
374     their party designation;
375          (iv) every ballot is folded and perforated so as to separate the candidates of one party
376     from those of the other parties and so as to enable the elector to separate the part of the ballot
377     containing the names of the party of his choice from the remainder of the ballot; and
378          (v) the side edges of all ballots are perforated so that the outside sections of the ballots,
379     when detached, are similar in appearance to inside sections when detached.
380          (e) After marking a municipal primary ballot, the voter shall:
381          (i) detach the part of the ballot containing the names of the candidates of the party he
382     has voted from the rest of the ballot;
383          (ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
384     and
385          (iii) fold the remainder of the ballot containing the names of the candidates of the
386     parties for whom the elector did not vote and deposit it in the blank ballot box.
387          (f) Immediately after the canvass, the election judges shall, without examination,
388     destroy the tickets deposited in the blank ballot box.
389          Section 6. Section 53A-2-118 is amended to read:
390          53A-2-118. Creation of new school district -- Initiation of process -- Procedures
391     to be followed.
392          (1) A new school district may be created from one or more existing school districts, as
393     provided in this section.
394          (2) (a) The process to create a new school district may be initiated:
395          (i) through a citizens' initiative petition;
396          (ii) at the request of the board of the existing district or districts to be affected by the
397     creation of the new district; or
398          (iii) at the request of a city within the boundaries of the school district or at the request
399     of interlocal agreement participants, pursuant to Section 53A-2-118.1.

400          (b) (i) [Each] An initiative petition submitted under Subsection (2)(a)(i) shall be signed
401     by qualified electors residing within the geographical boundaries of the proposed new school
402     district equal [in number] to at least 15% of [the number of electors in the area who voted for
403     the office of governor] all votes cast within the geographic boundaries of the proposed new
404     school district for all candidates for president of the United States at the last regular general
405     election at which a president of the United States was elected.
406          (ii) Each request or petition submitted under Subsection (2)(a) shall:
407          (A) be filed with the clerk of each county in which any part of the proposed new school
408     district is located;
409          (B) indicate the typed or printed name and current residence address of each governing
410     board member making a request, or registered voter signing a petition, as the case may be;
411          (C) describe the proposed new school district boundaries; and
412          (D) designate up to five signers of the petition or request as sponsors, one of whom
413     shall be designated as the contact sponsor, with the mailing address and telephone number of
414     each.
415          (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
416     reinstate the signer's signature at any time before the filing of the petition by filing a written
417     withdrawal or reinstatement with the county clerk.
418          (d) The process under Subsection (2)(a)(i) may only be initiated once during any
419     four-year period.
420          (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
421     population of the proposed new district is less than 3,000 or the existing district's student
422     population would be less than 3,000 because of the creation of the new school district.
423          (f) Within 45 days after the filing of a petition under Subsection (2)(a)(i) or five
424     business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the clerk of each
425     county with which a request or petition is filed shall:
426          (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
427     and (e), as applicable; and
428          (ii) (A) if the county clerk determines that the request or petition complies with the
429     applicable requirements:
430          (I) certify the request or petition and deliver the certified request or petition to the

431     county legislative body; and
432          (II) mail or deliver written notification of the certification to the contact sponsor; or
433          (B) if the county clerk determines that the request or petition fails to comply with any
434     of the applicable requirements, reject the request or petition and notify the contact sponsor in
435     writing of the rejection and reasons for the rejection.
436          (g) If the county clerk fails to certify or reject a request or petition within the time
437     specified in Subsection (2)(f), the request or petition shall be considered to be certified.
438          (h) (i) If the county clerk rejects a request or petition, the request or petition may be
439     amended to correct the deficiencies for which it was rejected and then refiled.
440          (ii) Subsection (2)(d) does not apply to a request or petition that is amended and refiled
441     after having been rejected by a county clerk.
442          (i) If a county legislative body receives a request from a school board under Subsection
443     (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county clerk on or
444     before December 1:
445          (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
446     by Subsection (3), on or before January 1;
447          (ii) the ad hoc advisory committee shall submit its report and recommendations to the
448     county legislative body, as provided by Subsection (3), on or before July 1; and
449          (iii) if the legislative body of each county with which a request or petition is filed
450     approves a proposal to create a new district, the proposal shall be submitted to the respective
451     county clerk to be voted on by the electors of each existing district at the regular general or
452     municipal general election held in November.
453          (3) (a) The legislative body of each county with which a request or petition is filed
454     shall appoint an ad hoc advisory committee to review and make recommendations on a request
455     for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
456          (b) The advisory committee shall:
457          (i) seek input from:
458          (A) those requesting the creation of the new school district;
459          (B) the school board and school personnel of each existing school district;
460          (C) those citizens residing within the geographical boundaries of each existing school
461     district;

462          (D) the State Board of Education; and
463          (E) other interested parties;
464          (ii) review data and gather information on at least:
465          (A) the financial viability of the proposed new school district;
466          (B) the proposal's financial impact on each existing school district;
467          (C) the exact placement of school district boundaries; and
468          (D) the positive and negative effects of creating a new school district and whether the
469     positive effects outweigh the negative if a new school district were to be created; and
470          (iii) make a report to the county legislative body in a public meeting on the committee's
471     activities, together with a recommendation on whether to create a new school district.
472          (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
473          (a) The county legislative body shall provide for a 45-day public comment period on
474     the report and recommendation to begin on the day the report is given under Subsection
475     (3)(b)(iii).
476          (b) Within 14 days after the end of the comment period, the legislative body of each
477     county with which a request or petition is filed shall vote on the creation of the proposed new
478     school district.
479          (c) The proposal is approved if a majority of the members of the legislative body of
480     each county with which a request or petition is filed votes in favor of the proposal.
481          (d) If the proposal is approved, the legislative body of each county with which a
482     request or petition is filed shall submit the proposal to the county clerk to be voted on:
483          (i) by the legal voters of each existing school district;
484          (ii) in accordance with the procedures and requirements applicable to a regular general
485     election under Title 20A, Election Code; and
486          (iii) at the next regular general election or municipal general election, whichever is
487     first.
488          (e) Creation of the new school district shall occur if a majority of the electors within
489     both the proposed school district and each remaining school district voting on the proposal vote
490     in favor of the creation of the new district.
491          (f) Each county legislative body shall comply with the requirements of Section
492     53A-2-101.5.

493          (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
494     approved by the electors, the existing district's documented costs to study and implement the
495     proposal shall be reimbursed by the new district.
496          (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under Subsection
497     (2)(f) or (g), the legislative body of each county in which part of the proposed new school
498     district is located shall submit the proposal to the respective clerk of each county to be voted
499     on:
500          (i) by the legal voters residing within the proposed new school district boundaries;
501          (ii) in accordance with the procedures and requirements applicable to a regular general
502     election under Title 20A, Election Code; and
503          (iii) at the next regular general election or municipal general election, whichever is
504     first.
505          (b) (i) If a majority of the legal voters within the proposed new school district
506     boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
507     creation of the new district:
508          (A) each county legislative body shall comply with the requirements of Section
509     53A-2-101.5; and
510          (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
511     the new district is created.
512          (ii) Notwithstanding the creation of a new district as provided in Subsection
513     (5)(b)(i)(B):
514          (A) a new school district may not begin to provide educational services to the area
515     within the new district until July 1 of the second calendar year following the school board
516     general election date described in Subsection 53A-2-118.1(3)(a)(i);
517          (B) a remaining district may not begin to provide educational services to the area
518     within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
519          (C) each existing district shall continue, until the time specified in Subsection
520     (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
521     district.







Legislative Review Note
Office of Legislative Research and General Counsel