1     
PUBLIC NOTICE AMENDMENTS

2     
2021 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to public notice requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides publishing in a newspaper of general circulation as an option to other
13     methods of providing notice, under certain circumstances;
14          ▸     limits the number of notices required to be posted under a method of posting if that
15     posting of notice option applies; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          10-2-406 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
24     and 355
25          10-2-406 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
26     345, and 355
27          10-2-407 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
28     112, and 355
29          10-2-407 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,

30     112, 345, and 355
31          10-2-415 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
32     and 355
33          10-2-415 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
34     345, and 355
35          10-2-418 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
36     and 355
37          10-2-418 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
38     345, and 355
39          10-2-419 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
40     and 355
41          10-2-419 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
42     345, and 355
43          10-2-502.5 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
44     84 and 355
45          10-2-502.5 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
46     345, and 355
47          10-2-703 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
48     and 355
49          10-2-703 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
50     344, and 355
51          10-2-708 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
52     and 355
53          10-2-708 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
54     345, and 355
55          10-2a-210 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
56     84, 112, and 355
57          10-2a-210 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,

58     112, 345, and 355
59          10-2a-213 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
60     and 355
61          10-2a-213 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
62     345, and 355
63          10-2a-214 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
64     and 355
65          10-2a-214 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
66     345, and 355
67          10-2a-215 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
68     and 355
69          10-2a-215 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
70     345, and 355
71          10-2a-404, as last amended by Laws of Utah 2021, Chapter 355
72          10-2a-405 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
73     and 355
74          10-2a-405 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
75     345, and 355
76          10-2a-410, as last amended by Laws of Utah 2021, Chapter 355
77          10-18-203 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
78     and 355
79          10-18-203 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
80     345, and 355
81          11-14-202 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84
82     and 355
83          11-14-202 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
84     345, and 355
85          17B-1-643 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters

86     84 and 355
87          17B-1-643 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
88     345, and 355
89          17B-2a-705 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
90     84 and 355
91          17B-2a-705 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
92     345, and 355
93          20A-1-206, as last amended by Laws of Utah 2021, Chapter 355
94          20A-3a-604 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
95     84 and 355
96          20A-3a-604 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
97     345, and 355
98          20A-4-104 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
99     62, 84, and 355
100          20A-4-104 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 62,
101     84, 345, and 355
102          20A-4-304 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
103     84 and 355
104          20A-4-304 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
105     345, and 355
106          20A-5-101 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
107     84 and 355
108          20A-5-101 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
109     345, and 355
110          20A-5-403.5 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
111     84 and 355
112          20A-5-403.5 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
113     345, and 355

114          20A-5-405 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
115     84 and 355
116          20A-5-405 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
117     345, and 355
118          20A-9-203 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters
119     84, 183, and 355
120          20A-9-203 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,
121     183, 345, and 355
122     

123     Be it enacted by the Legislature of the state of Utah:
124          Section 1. Section 10-2-406 (Superseded 07/01/21) is amended to read:
125          10-2-406 (Superseded 07/01/21). Notice of certification -- Providing notice of
126     petition.
127          (1) After receipt of the notice of certification from the city recorder or town clerk under
128     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall [publish] provide notice:
129          (a) within the area proposed for annexation and the unincorporated area within 1/2 mile
130     of the area proposed for annexation, no later than 10 days after the day on which the municipal
131     legislative body receives the notice of certification:
132          (i) by posting one notice, and at least one additional notice per 2,000 population within
133     the combined area, in places within the combined area that are most likely to give notice to the
134     residents within, and the owners of real property located within, the combined area, subject to a
135     maximum of 10 notices; or
136          (ii) by mailing the notice to each residence within, and to each owner of real property
137     located within, the combined area;
138          (b) by posting notice on the Utah Public Notice Website, created in Section
139     63A-12-201, for three weeks, beginning no later than 10 days after the day on which the
140     municipal legislative body receives the notice of certification;
141          (c) within 20 days after the day on which the municipal legislative body receives the

142     notice of certification, by mailing written notice to each affected entity; and
143          (d) if the municipality has a website, by posting notice on the municipality's website for
144     the period of time described in Subsection (1)(b).
145          (2) The notice described in Subsection (1) shall:
146          (a) state that a petition has been filed with the municipality proposing the annexation of
147     an area to the municipality;
148          (b) state the date of the municipal legislative body's receipt of the notice of certification
149     under Subsection 10-2-405(2)(c)(i);
150          (c) describe the area proposed for annexation in the annexation petition;
151          (d) state that the complete annexation petition is available for inspection and copying at
152     the office of the city recorder or town clerk;
153          (e) state in conspicuous and plain terms that the municipality may grant the petition
154     and annex the area described in the petition unless, within the time required under Subsection
155     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
156     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
157     municipality;
158          (f) state the address of the commission or, if a commission has not yet been created in
159     the county, the county clerk, where a protest to the annexation petition may be filed;
160          (g) state that the area proposed for annexation to the municipality will also
161     automatically be annexed to a local district providing fire protection, paramedic, and
162     emergency services or a local district providing law enforcement service, as the case may be, as
163     provided in Section 17B-1-416, if:
164          (i) the proposed annexing municipality is entirely within the boundaries of a local
165     district:
166          (A) that provides fire protection, paramedic, and emergency services or law
167     enforcement service, respectively; and
168          (B) in the creation of which an election was not required because of Subsection
169     17B-1-214(3)(c); and

170          (ii) the area proposed to be annexed to the municipality is not already within the
171     boundaries of the local district; and
172          (h) state that the area proposed for annexation to the municipality will be automatically
173     withdrawn from a local district providing fire protection, paramedic, and emergency services or
174     a local district providing law enforcement service, as the case may be, as provided in
175     Subsection 17B-1-502(2), if:
176          (i) the petition proposes the annexation of an area that is within the boundaries of a
177     local district:
178          (A) that provides fire protection, paramedic, and emergency services or law
179     enforcement service, respectively; and
180          (B) in the creation of which an election was not required because of Subsection
181     17B-1-214(3)(c); and
182          (ii) the proposed annexing municipality is not within the boundaries of the local
183     district.
184          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
185     written protest in terms of the actual date rather than by reference to the statutory citation.
186          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
187     for a proposed annexation of an area within a county of the first class shall include a statement
188     that a protest to the annexation petition may be filed with the commission by property owners if
189     it contains the signatures of the owners of private real property that:
190          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
191     annexation;
192          (ii) covers at least 25% of the private land area located in the unincorporated area
193     within 1/2 mile of the area proposed for annexation; and
194          (iii) is equal in value to at least 15% of all real property located in the unincorporated
195     area within 1/2 mile of the area proposed for annexation.
196          Section 2. Section 10-2-406 (Effective 07/01/21) is amended to read:
197          10-2-406 (Effective 07/01/21). Notice of certification -- Providing notice of

198     petition.
199          (1) After receipt of the notice of certification from the city recorder or town clerk under
200     Subsection 10-2-405(2)(c)(i), the municipal legislative body shall [publish] provide notice:
201          (a) within the area proposed for annexation and the unincorporated area within 1/2 mile
202     of the area proposed for annexation, no later than 10 days after the day on which the municipal
203     legislative body receives the notice of certification:
204          (i) by posting one notice, and at least one additional notice per 2,000 population within
205     the combined area, in places within the combined area that are most likely to give notice to the
206     residents within, and the owners of real property located within, the combined area, subject to a
207     maximum of 10 notices; or
208          (ii) by mailing the notice to each residence within, and to each owner of real property
209     located within, the combined area;
210          (b) by posting notice on the Utah Public Notice Website, created in Section
211     63A-16-601, for three weeks, beginning no later than 10 days after the day on which the
212     municipal legislative body receives the notice of certification;
213          (c) within 20 days after the day on which the municipal legislative body receives the
214     notice of certification, by mailing written notice to each affected entity; and
215          (d) if the municipality has a website, by posting notice on the municipality's website for
216     the period of time described in Subsection (1)(b).
217          (2) The notice described in Subsection (1) shall:
218          (a) state that a petition has been filed with the municipality proposing the annexation of
219     an area to the municipality;
220          (b) state the date of the municipal legislative body's receipt of the notice of certification
221     under Subsection 10-2-405(2)(c)(i);
222          (c) describe the area proposed for annexation in the annexation petition;
223          (d) state that the complete annexation petition is available for inspection and copying at
224     the office of the city recorder or town clerk;
225          (e) state in conspicuous and plain terms that the municipality may grant the petition

226     and annex the area described in the petition unless, within the time required under Subsection
227     10-2-407(2)(a)(i), a written protest to the annexation petition is filed with the commission and
228     a copy of the protest delivered to the city recorder or town clerk of the proposed annexing
229     municipality;
230          (f) state the address of the commission or, if a commission has not yet been created in
231     the county, the county clerk, where a protest to the annexation petition may be filed;
232          (g) state that the area proposed for annexation to the municipality will also
233     automatically be annexed to a local district providing fire protection, paramedic, and
234     emergency services or a local district providing law enforcement service, as the case may be, as
235     provided in Section 17B-1-416, if:
236          (i) the proposed annexing municipality is entirely within the boundaries of a local
237     district:
238          (A) that provides fire protection, paramedic, and emergency services or law
239     enforcement service, respectively; and
240          (B) in the creation of which an election was not required because of Subsection
241     17B-1-214(3)(c); and
242          (ii) the area proposed to be annexed to the municipality is not already within the
243     boundaries of the local district; and
244          (h) state that the area proposed for annexation to the municipality will be automatically
245     withdrawn from a local district providing fire protection, paramedic, and emergency services or
246     a local district providing law enforcement service, as the case may be, as provided in
247     Subsection 17B-1-502(2), if:
248          (i) the petition proposes the annexation of an area that is within the boundaries of a
249     local district:
250          (A) that provides fire protection, paramedic, and emergency services or law
251     enforcement service, respectively; and
252          (B) in the creation of which an election was not required because of Subsection
253     17B-1-214(3)(c); and

254          (ii) the proposed annexing municipality is not within the boundaries of the local
255     district.
256          (3) (a) The statement required by Subsection (2)(e) shall state the deadline for filing a
257     written protest in terms of the actual date rather than by reference to the statutory citation.
258          (b) In addition to the requirements under Subsection (2), a notice under Subsection (1)
259     for a proposed annexation of an area within a county of the first class shall include a statement
260     that a protest to the annexation petition may be filed with the commission by property owners if
261     it contains the signatures of the owners of private real property that:
262          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
263     annexation;
264          (ii) covers at least 25% of the private land area located in the unincorporated area
265     within 1/2 mile of the area proposed for annexation; and
266          (iii) is equal in value to at least 15% of all real property located in the unincorporated
267     area within 1/2 mile of the area proposed for annexation.
268          Section 3. Section 10-2-407 (Superseded 07/01/21) is amended to read:
269          10-2-407 (Superseded 07/01/21). Protest to annexation petition -- Planning
270     advisory area planning commission recommendation -- Petition requirements --
271     Disposition of petition if no protest filed.
272          (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
273          (a) the legislative body or governing board of an affected entity;
274          (b) an owner of rural real property;
275          (c) for a proposed annexation of an area within a county of the first class, an owner of
276     private real property that:
277          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
278     annexation;
279          (ii) covers at least 25% of the private land area located in the unincorporated area
280     within 1/2 mile of the area proposed for annexation; and
281          (iii) is equal in value to at least 15% of all real property located in the unincorporated

282     area within 1/2 mile of the area proposed for annexation; or
283          (d) an owner of private real property located in a mining protection area.
284          (2) Each protest under Subsection (1) shall:
285          (a) be filed:
286          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
287     certification under Subsection 10-2-405(2)(c)(i); and
288          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
289     the commission; or
290          (B) in a county that has not yet created a commission under Section 10-2-409, with the
291     clerk of the county in which the area proposed for annexation is located;
292          (b) state each reason for the protest of the annexation petition and, if the area proposed
293     to be annexed is located in a specified county, justification for the protest under the standards
294     established in this chapter;
295          (c) if the area proposed to be annexed is located in a specified county, contain other
296     information that the commission by rule requires or that the party filing the protest considers
297     pertinent; and
298          (d) contain the name and address of a contact person who is to receive notices sent by
299     the commission with respect to the protest proceedings.
300          (3) The party filing a protest under this section shall on the same date deliver or mail a
301     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
302          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
303          (a) immediately notify the county legislative body of the protest; and
304          (b) deliver the protest to the boundary commission within five days after:
305          (i) receipt of the protest, if the boundary commission has previously been created; or
306          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
307     boundary commission has not previously been created.
308          (5) (a) If a protest is filed under this section:
309          (i) the municipal legislative body may, at its next regular meeting after expiration of

310     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
311          (ii) if the municipal legislative body does not deny the annexation petition under
312     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
313     annexation petition until after receipt of the commission's notice of its decision on the protest
314     under Section 10-2-416.
315          (b) If a municipal legislative body denies an annexation petition under Subsection
316     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
317     the denial in writing to:
318          (i) the contact sponsor of the annexation petition;
319          (ii) the commission; and
320          (iii) each entity that filed a protest.
321          (6) If no timely protest is filed under this section, the municipal legislative body may,
322     subject to Subsection (7), approve the petition.
323          (7) Before approving an annexation petition under Subsection (6), the municipal
324     legislative body shall hold a public hearing and [publish] provide notice of the public hearing:
325          (a) (i) at least seven days before the day of the public hearing, by posting one notice,
326     and at least one additional notice per 2,000 population within the municipality and the area
327     proposed for annexation, in places within that combined area that are most likely to give notice
328     to the residents within, and the owners of real property located within, the combined area,
329     subject to a maximum of 10 notices; or
330          (ii) at least 10 days before the day of the public hearing, by mailing the notice to each
331     residence within, and to each owner of real property located within, the combined area
332     described in Subsection (7)(a)(i);
333          (b) by posting notice on the Utah Public Notice Website, created in Section
334     63A-12-201, for seven days before the day of the public hearing; and
335          (c) if the municipality has a website, by posting notice on the municipality's website for
336     seven days before the day of the public hearing.
337          Section 4. Section 10-2-407 (Effective 07/01/21) is amended to read:

338          10-2-407 (Effective 07/01/21). Protest to annexation petition -- Planning advisory
339     area planning commission recommendation -- Petition requirements -- Disposition of
340     petition if no protest filed.
341          (1) A protest to an annexation petition under Section 10-2-403 may be filed by:
342          (a) the legislative body or governing board of an affected entity;
343          (b) an owner of rural real property;
344          (c) for a proposed annexation of an area within a county of the first class, an owner of
345     private real property that:
346          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
347     annexation;
348          (ii) covers at least 25% of the private land area located in the unincorporated area
349     within 1/2 mile of the area proposed for annexation; and
350          (iii) is equal in value to at least 15% of all real property located in the unincorporated
351     area within 1/2 mile of the area proposed for annexation; or
352          (d) an owner of private real property located in a mining protection area.
353          (2) Each protest under Subsection (1) shall:
354          (a) be filed:
355          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
356     certification under Subsection 10-2-405(2)(c)(i); and
357          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
358     the commission; or
359          (B) in a county that has not yet created a commission under Section 10-2-409, with the
360     clerk of the county in which the area proposed for annexation is located;
361          (b) state each reason for the protest of the annexation petition and, if the area proposed
362     to be annexed is located in a specified county, justification for the protest under the standards
363     established in this chapter;
364          (c) if the area proposed to be annexed is located in a specified county, contain other
365     information that the commission by rule requires or that the party filing the protest considers

366     pertinent; and
367          (d) contain the name and address of a contact person who is to receive notices sent by
368     the commission with respect to the protest proceedings.
369          (3) The party filing a protest under this section shall on the same date deliver or mail a
370     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
371          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
372          (a) immediately notify the county legislative body of the protest; and
373          (b) deliver the protest to the boundary commission within five days after:
374          (i) receipt of the protest, if the boundary commission has previously been created; or
375          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
376     boundary commission has not previously been created.
377          (5) (a) If a protest is filed under this section:
378          (i) the municipal legislative body may, at its next regular meeting after expiration of
379     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
380          (ii) if the municipal legislative body does not deny the annexation petition under
381     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
382     annexation petition until after receipt of the commission's notice of its decision on the protest
383     under Section 10-2-416.
384          (b) If a municipal legislative body denies an annexation petition under Subsection
385     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
386     the denial in writing to:
387          (i) the contact sponsor of the annexation petition;
388          (ii) the commission; and
389          (iii) each entity that filed a protest.
390          (6) If no timely protest is filed under this section, the municipal legislative body may,
391     subject to Subsection (7), approve the petition.
392          (7) Before approving an annexation petition under Subsection (6), the municipal
393     legislative body shall hold a public hearing and [publish] provide notice of the public hearing:

394          (a) (i) at least seven days before the day of the public hearing, by posting one notice,
395     and at least one additional notice per 2,000 population within the municipality and the area
396     proposed for annexation, in places within that combined area that are most likely to give notice
397     to the residents within, and the owners of real property located within, the combined area,
398     subject to a maximum of 10 notices; or
399          (ii) at least 10 days before the day of the public hearing, by mailing the notice to each
400     residence within, and to each owner of real property located within, the combined area
401     described in Subsection (7)(a)(i);
402          (b) by posting notice on the Utah Public Notice Website, created in Section
403     63A-16-601, for seven days before the day of the public hearing; and
404          (c) if the municipality has a website, by posting notice on the municipality's website for
405     seven days before the day of the public hearing.
406          Section 5. Section 10-2-415 (Superseded 07/01/21) is amended to read:
407          10-2-415 (Superseded 07/01/21). Public hearing -- Notice.
408          (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
409     requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
410     located in a county of the first class, the commission shall hold a public hearing within 30 days
411     after the day on which the commission receives the feasibility study or supplemental feasibility
412     study results.
413          (b) At the public hearing described in Subsection (1)(a), the commission shall:
414          (i) require the feasibility consultant to present the results of the feasibility study and, if
415     applicable, the supplemental feasibility study;
416          (ii) allow those present to ask questions of the feasibility consultant regarding the study
417     results; and
418          (iii) allow those present to speak to the issue of annexation.
419          (2) The commission shall [publish] provide notice of the public hearing described in
420     Subsection (1)(a) within the area proposed for annexation, the surrounding 1/2 mile of
421     unincorporated area, and the proposed annexing municipality:

422          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
423     and at least one additional notice per 2,000 population within the combined area, in places
424     within the combined area that are most likely to give notice of the public hearing to the
425     residents within, and the owners of real property located within, the combined area, subject to a
426     maximum of 10 notices; or
427          (ii) by mailing notice to each residence within, and to each owner of real property
428     located within, the combined area;
429          (b) by posting notice on the Utah Public Notice Website, created in Section
430     63A-12-201, for two weeks before the day of the public hearing;
431          (c) by sending written notice of the public hearing to the municipal legislative body of
432     the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
433     that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
434     person;
435          (d) if the municipality has a website, by posting notice on the municipality's website for
436     two weeks before the day of the public hearing; and
437          (e) by posting notice on the county's website for two weeks before the day of the public
438     hearing.
439          (3) The notice described in Subsection (2) shall:
440          (a) be entitled, "notice of annexation hearing";
441          (b) state the name of the annexing municipality;
442          (c) describe the area proposed for annexation; and
443          (d) specify the following sources where an individual may obtain a copy of the
444     feasibility study conducted in relation to the proposed annexation:
445          (i) if the municipality has a website, the municipality's website;
446          (ii) a municipality's physical address; and
447          (iii) a mailing address and telephone number.
448          (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
449     expired with respect to a proposed annexation of an area located in a specified county, the

450     boundary commission shall hold a hearing on all protests that were filed with respect to the
451     proposed annexation.
452          (5) At least 14 days before the date of a hearing described in Subsection (4), the
453     commission chair shall [publish] provide notice of the hearing:
454          (a) (i) by posting one notice, and at least one additional notice per 2,000 population
455     within the area proposed for annexation, in places within the area that are most likely to give
456     notice of the hearing to the residents within, and the owners of real property located within, the
457     area, subject to a maximum of 10 notices; or
458          (ii) by mailing notice to each resident within, and each owner of real property located
459     within, the area proposed for annexation;
460          (b) by posting notice on the Utah Public Notice Website, created in Section
461     63A-12-201, for 14 days before the day of the hearing;
462          (c) if the municipality has a website, by posting notice on the municipality's website for
463     two weeks before the day of the public hearing; and
464          (d) by posting notice on the county's website for two weeks before the day of the public
465     hearing.
466          (6) Each notice described in Subsection (5) shall:
467          (a) state the date, time, and place of the hearing;
468          (b) briefly summarize the nature of the protest; and
469          (c) state that a copy of the protest is on file at the commission's office.
470          (7) The commission may continue a hearing under Subsection (4) from time to time,
471     but no continued hearing may be held later than 60 days after the original hearing date.
472          (8) In considering protests, the commission shall consider whether the proposed
473     annexation:
474          (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
475     annexation policy plan of the proposed annexing municipality;
476          (b) conflicts with the annexation policy plan of another municipality; and
477          (c) if the proposed annexation includes urban development, will have an adverse tax

478     consequence on the remaining unincorporated area of the county.
479          (9) (a) The commission shall record each hearing under this section by electronic
480     means.
481          (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
482     applicable, information received at the hearing, and the written decision of the commission
483     shall constitute the record of the hearing.
484          Section 6. Section 10-2-415 (Effective 07/01/21) is amended to read:
485          10-2-415 (Effective 07/01/21). Public hearing -- Notice.
486          (1) (a) If the results of the feasibility study or supplemental feasibility study meet the
487     requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area
488     located in a county of the first class, the commission shall hold a public hearing within 30 days
489     after the day on which the commission receives the feasibility study or supplemental feasibility
490     study results.
491          (b) At the public hearing described in Subsection (1)(a), the commission shall:
492          (i) require the feasibility consultant to present the results of the feasibility study and, if
493     applicable, the supplemental feasibility study;
494          (ii) allow those present to ask questions of the feasibility consultant regarding the study
495     results; and
496          (iii) allow those present to speak to the issue of annexation.
497          (2) The commission shall [publish] provide notice of the public hearing described in
498     Subsection (1)(a) within the area proposed for annexation, the surrounding 1/2 mile of
499     unincorporated area, and the proposed annexing municipality:
500          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
501     and at least one additional notice per 2,000 population within the combined area, in places
502     within the combined area that are most likely to give notice of the public hearing to the
503     residents within, and the owners of real property located within, the combined area, subject to a
504     maximum of 10 notices; or
505          (ii) by mailing notice to each residence within, and to each owner of real property

506     located within, the combined area;
507          (b) by posting notice on the Utah Public Notice Website, created in Section
508     63A-16-601, for two weeks before the day of the public hearing;
509          (c) by sending written notice of the public hearing to the municipal legislative body of
510     the proposed annexing municipality, the contact sponsor on the annexation petition, each entity
511     that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact
512     person;
513          (d) if the municipality has a website, by posting notice on the municipality's website for
514     two weeks before the day of the public hearing; and
515          (e) by posting notice on the county's website for two weeks before the day of the public
516     hearing.
517          (3) The notice described in Subsection (2) shall:
518          (a) be entitled, "notice of annexation hearing";
519          (b) state the name of the annexing municipality;
520          (c) describe the area proposed for annexation; and
521          (d) specify the following sources where an individual may obtain a copy of the
522     feasibility study conducted in relation to the proposed annexation:
523          (i) if the municipality has a website, the municipality's website;
524          (ii) a municipality's physical address; and
525          (iii) a mailing address and telephone number.
526          (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has
527     expired with respect to a proposed annexation of an area located in a specified county, the
528     boundary commission shall hold a hearing on all protests that were filed with respect to the
529     proposed annexation.
530          (5) At least 14 days before the date of a hearing described in Subsection (4), the
531     commission chair shall [publish] provide notice of the hearing:
532          (a) (i) by posting one notice, and at least one additional notice per 2,000 population
533     within the area proposed for annexation, in places within the area that are most likely to give

534     notice of the hearing to the residents within, and the owners of real property located within, the
535     area, subject to a maximum of 10 notices; or
536          (ii) by mailing notice to each resident within, and each owner of real property located
537     within, the area proposed for annexation;
538          (b) by posting notice on the Utah Public Notice Website, created in Section
539     63A-16-601, for 14 days before the day of the hearing;
540          (c) if the municipality has a website, by posting notice on the municipality's website for
541     two weeks before the day of the public hearing; and
542          (d) by posting notice on the county's website for two weeks before the day of the public
543     hearing.
544          (6) Each notice described in Subsection (5) shall:
545          (a) state the date, time, and place of the hearing;
546          (b) briefly summarize the nature of the protest; and
547          (c) state that a copy of the protest is on file at the commission's office.
548          (7) The commission may continue a hearing under Subsection (4) from time to time,
549     but no continued hearing may be held later than 60 days after the original hearing date.
550          (8) In considering protests, the commission shall consider whether the proposed
551     annexation:
552          (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the
553     annexation policy plan of the proposed annexing municipality;
554          (b) conflicts with the annexation policy plan of another municipality; and
555          (c) if the proposed annexation includes urban development, will have an adverse tax
556     consequence on the remaining unincorporated area of the county.
557          (9) (a) The commission shall record each hearing under this section by electronic
558     means.
559          (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if
560     applicable, information received at the hearing, and the written decision of the commission
561     shall constitute the record of the hearing.

562          Section 7. Section 10-2-418 (Superseded 07/01/21) is amended to read:
563          10-2-418 (Superseded 07/01/21). Annexation of an island or peninsula without a
564     petition -- Notice -- Hearing.
565          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
566     accordance with this section of an area located within a county of the first class,
567     "municipal-type services" does not include a service provided by a municipality pursuant to a
568     contract that the municipality has with another political subdivision as "political subdivision" is
569     defined in Section 17B-1-102.
570          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
571     unincorporated area under this section without an annexation petition if:
572          (a) for an unincorporated area within the expansion area of more than one municipality,
573     each municipality agrees to the annexation; and
574          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
575     or unincorporated peninsulas contiguous to the municipality;
576          (B) the majority of each island or peninsula consists of residential or commercial
577     development;
578          (C) the area proposed for annexation requires the delivery of municipal-type services;
579     and
580          (D) the municipality has provided most or all of the municipal-type services to the area
581     for more than one year;
582          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
583     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
584     residents; and
585          (B) the municipality has provided one or more municipal-type services to the area for
586     at least one year;
587          (iii) the area consists of:
588          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
589     municipality; and

590          (B) for an area outside of the county of the first class proposed for annexation, no more
591     than 50 acres; or
592          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
593     county of the second class;
594          (B) the area to be annexed is located in the expansion area of a municipality; and
595          (C) the county legislative body in which the municipality is located provides notice to
596     each property owner within the area to be annexed that the county legislative body will hold a
597     public hearing, no less than 15 days after the day on which the county legislative body provides
598     the notice, and may make a recommendation of annexation to the municipality whose
599     expansion area includes the area to be annexed after the public hearing.
600          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
601     portion of an unincorporated island or unincorporated peninsula under this section, leaving
602     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
603          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
604     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
605     the municipality's best interest; and
606          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
607     the entire island of unincorporated area, of which a portion is being annexed, complies with the
608     requirement of Subsection (2)(b)(ii) relating to the number of residents.
609          (4) (a) This [subsection] Subsection (4) applies only to an annexation within a county
610     of the first class.
611          (b) A county of the first class shall agree to an annexation if the majority of private
612     property owners within the area to be annexed give written consent to the annexation, in
613     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
614          (c) For purposes of Subsection (4)(b), the majority of private property owners is
615     property owners who own:
616          (i) the majority of the total private land area within the area proposed for annexation;
617     and

618          (ii) private real property equal to at least 1/2 the value of private real property within
619     the area proposed for annexation.
620          (d) A property owner consenting to annexation shall indicate the property owner's
621     consent on a form which includes language in substantially the following form:
622          "Notice: If this written consent is used to proceed with an annexation of your property
623     in accordance with Utah Code Section 10-2-418, no public election is required by law to
624     approve the annexation. If you sign this consent and later decide you do not want to support
625     the annexation of your property, you may withdraw your signature by submitting a signed,
626     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
627     choose to withdraw your signature, you must do so no later than the close of the public hearing
628     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
629          (e) A private property owner may withdraw the property owner's signature indicating
630     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
631     close of the public hearing held in accordance with Subsection (5)(b).
632          (5) The legislative body of each municipality intending to annex an area under this
633     section shall:
634          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
635     area, describing the area proposed to be annexed; and
636          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
637     adoption of the resolution described in Subsection (5)(a).
638          (6) A legislative body described in Subsection (5) shall [publish] provide notice of a
639     public hearing described in Subsection (5)(b):
640          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
641     and at least one additional notice per 2,000 population in the municipality and the area
642     proposed for annexation, in places within the combined area that are most likely to give notice
643     to the residents within, and the owners of real property located within, the combined area,
644     subject to a maximum of 10 notices; or
645          (ii) at least three weeks before the day of the public hearing, by mailing notice to each

646     residence within, and each owner of real property located within, the combined area described
647     in Subsection (6)(a)(i);
648          (b) by posting a notice on the Utah Public Notice Website, created in Section
649     63A-12-201, for three weeks before the day of the public hearing;
650          (c) by sending written notice to:
651          (i) the board of each local district and special service district whose boundaries contain
652     some or all of the area proposed for annexation; and
653          (ii) the legislative body of the county in which the area proposed for annexation is
654     located; and
655          (d) if the municipality has a website, by posting notice on the municipality's website for
656     three weeks before the day of the public hearing.
657          (7) The legislative body of the annexing municipality shall ensure that:
658          (a) each notice described in Subsection (6):
659          (i) states that the municipal legislative body has adopted a resolution indicating the
660     municipality's intent to annex the area proposed for annexation;
661          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
662          (iii) describes the area proposed for annexation; and
663          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
664     states in conspicuous and plain terms that the municipal legislative body will annex the area
665     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
666     annexation are filed by the owners of private real property that:
667          (A) is located within the area proposed for annexation;
668          (B) covers a majority of the total private land area within the entire area proposed for
669     annexation; and
670          (C) is equal in value to at least 1/2 the value of all private real property within the
671     entire area proposed for annexation; and
672          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
673     days after the day on which the municipal legislative body adopts a resolution under Subsection

674     (5)(a).
675          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
676     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
677     ordinance approving the annexation of the area proposed for annexation under this section
678     unless, at or before the hearing, written protests to the annexation have been filed with the
679     recorder or clerk of the municipality by the owners of private real property that:
680          (i) is located within the area proposed for annexation;
681          (ii) covers a majority of the total private land area within the entire area proposed for
682     annexation; and
683          (iii) is equal in value to at least 1/2 the value of all private real property within the
684     entire area proposed for annexation.
685          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
686     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
687     annexation of the area proposed for annexation under this section without allowing or
688     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
689     land area within the entire area proposed for annexation, representing at least 75% of the value
690     of the private real property within the entire area proposed for annexation, have consented in
691     writing to the annexation.
692          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
693     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
694     validly annexed.
695          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
696     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
697     annexation of an area that the county legislative body proposes for annexation under this
698     section without allowing or considering protests under Subsection (8)(a) if the county
699     legislative body has formally recommended annexation to the annexing municipality and has
700     made a formal finding that:
701          (A) the area to be annexed can be more efficiently served by the municipality than by

702     the county;
703          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
704     the future as the result of urban development;
705          (C) annexation of the area is likely to facilitate the consolidation of overlapping
706     functions of local government; and
707          (D) annexation of the area is likely to result in an equitable distribution of community
708     resources and obligations.
709          (ii) The county legislative body may base the finding required in Subsection
710     (8)(c)(i)(B) on:
711          (A) existing development in the area;
712          (B) natural or other conditions that may limit the future development of the area; or
713          (C) other factors that the county legislative body considers relevant.
714          (iii) A county legislative body may make the recommendation for annexation required
715     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
716     information provided at the public hearing, the county legislative body makes a formal finding
717     that it would be equitable to leave a portion of the island unincorporated.
718          (iv) If a county legislative body has made a recommendation of annexation under
719     Subsection (8)(c)(i):
720          (A) the relevant municipality is not required to proceed with the recommended
721     annexation; and
722          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
723     the entire area that the county legislative body recommended for annexation.
724          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an
725     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
726     validly annexed.
727          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
728     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
729     approving the annexation of the area proposed for annexation, and the annexation proceedings

730     under this section shall be considered terminated.
731          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
732     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
733     island regarding which protests have been filed and proceeding under Subsection (3) to annex
734     some or all of the remaining portion of the unincorporated island.
735          Section 8. Section 10-2-418 (Effective 07/01/21) is amended to read:
736          10-2-418 (Effective 07/01/21). Annexation of an island or peninsula without a
737     petition -- Notice -- Hearing.
738          (1) As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in
739     accordance with this section of an area located within a county of the first class,
740     "municipal-type services" does not include a service provided by a municipality pursuant to a
741     contract that the municipality has with another political subdivision as "political subdivision" is
742     defined in Section 17B-1-102.
743          (2) Notwithstanding Subsection 10-2-402(2), a municipality may annex an
744     unincorporated area under this section without an annexation petition if:
745          (a) for an unincorporated area within the expansion area of more than one municipality,
746     each municipality agrees to the annexation; and
747          (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within
748     or unincorporated peninsulas contiguous to the municipality;
749          (B) the majority of each island or peninsula consists of residential or commercial
750     development;
751          (C) the area proposed for annexation requires the delivery of municipal-type services;
752     and
753          (D) the municipality has provided most or all of the municipal-type services to the area
754     for more than one year;
755          (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
756     unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
757     residents; and

758          (B) the municipality has provided one or more municipal-type services to the area for
759     at least one year;
760          (iii) the area consists of:
761          (A) an unincorporated island within or an unincorporated peninsula contiguous to the
762     municipality; and
763          (B) for an area outside of the county of the first class proposed for annexation, no more
764     than 50 acres; or
765          (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a
766     county of the second class;
767          (B) the area to be annexed is located in the expansion area of a municipality; and
768          (C) the county legislative body in which the municipality is located provides notice to
769     each property owner within the area to be annexed that the county legislative body will hold a
770     public hearing, no less than 15 days after the day on which the county legislative body provides
771     the notice, and may make a recommendation of annexation to the municipality whose
772     expansion area includes the area to be annexed after the public hearing.
773          (3) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a
774     portion of an unincorporated island or unincorporated peninsula under this section, leaving
775     unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
776          (a) in adopting the resolution under Subsection (5)(a) the municipal legislative body
777     determines that not annexing the entire unincorporated island or unincorporated peninsula is in
778     the municipality's best interest; and
779          (b) for an annexation of one or more unincorporated islands under Subsection (2)(b),
780     the entire island of unincorporated area, of which a portion is being annexed, complies with the
781     requirement of Subsection (2)(b)(ii) relating to the number of residents.
782          (4) (a) This [subsection] Subsection (4) applies only to an annexation within a county
783     of the first class.
784          (b) A county of the first class shall agree to an annexation if the majority of private
785     property owners within the area to be annexed give written consent to the annexation, in

786     accordance with Subsection (4)(d), to the recorder of the annexing municipality.
787          (c) For purposes of Subsection (4)(b), the majority of private property owners is
788     property owners who own:
789          (i) the majority of the total private land area within the area proposed for annexation;
790     and
791          (ii) private real property equal to at least 1/2 the value of private real property within
792     the area proposed for annexation.
793          (d) A property owner consenting to annexation shall indicate the property owner's
794     consent on a form which includes language in substantially the following form:
795          "Notice: If this written consent is used to proceed with an annexation of your property
796     in accordance with Utah Code Section 10-2-418, no public election is required by law to
797     approve the annexation. If you sign this consent and later decide you do not want to support
798     the annexation of your property, you may withdraw your signature by submitting a signed,
799     written withdrawal with the recorder or clerk of [name of annexing municipality]. If you
800     choose to withdraw your signature, you must do so no later than the close of the public hearing
801     on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).".
802          (e) A private property owner may withdraw the property owner's signature indicating
803     consent by submitting a signed, written withdrawal with the recorder or clerk no later than the
804     close of the public hearing held in accordance with Subsection (5)(b).
805          (5) The legislative body of each municipality intending to annex an area under this
806     section shall:
807          (a) adopt a resolution indicating the municipal legislative body's intent to annex the
808     area, describing the area proposed to be annexed; and
809          (b) hold a public hearing on the proposed annexation no earlier than 30 days after the
810     adoption of the resolution described in Subsection (5)(a).
811          (6) A legislative body described in Subsection (5) shall [publish] provide notice of a
812     public hearing described in Subsection (5)(b):
813          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,

814     and at least one additional notice per 2,000 population in the municipality and the area
815     proposed for annexation, in places within the combined area that are most likely to give notice
816     to the residents within, and the owners of real property located within, the combined area,
817     subject to a maximum of 10 notices; or
818          (ii) at least three weeks before the day of the public hearing, by mailing notice to each
819     residence within, and each owner of real property located within, the combined area described
820     in Subsection (6)(a)(i);
821          (b) by posting notice on the Utah Public Notice Website, created in Section
822     63A-16-601, for three weeks before the day of the public hearing;
823          (c) by sending written notice to:
824          (i) the board of each local district and special service district whose boundaries contain
825     some or all of the area proposed for annexation; and
826          (ii) the legislative body of the county in which the area proposed for annexation is
827     located; and
828          (d) if the municipality has a website, by posting notice on the municipality's website for
829     three weeks before the day of the public hearing.
830          (7) The legislative body of the annexing municipality shall ensure that:
831          (a) each notice described in Subsection (6):
832          (i) states that the municipal legislative body has adopted a resolution indicating the
833     municipality's intent to annex the area proposed for annexation;
834          (ii) states the date, time, and place of the public hearing described in Subsection (5)(b);
835          (iii) describes the area proposed for annexation; and
836          (iv) except for an annexation that meets the requirements of Subsection (8)(b) or (c),
837     states in conspicuous and plain terms that the municipal legislative body will annex the area
838     unless, at or before the public hearing described in Subsection (5)(b), written protests to the
839     annexation are filed by the owners of private real property that:
840          (A) is located within the area proposed for annexation;
841          (B) covers a majority of the total private land area within the entire area proposed for

842     annexation; and
843          (C) is equal in value to at least 1/2 the value of all private real property within the
844     entire area proposed for annexation; and
845          (b) the first publication of the notice described in Subsection (6)(a) occurs within 14
846     days after the day on which the municipal legislative body adopts a resolution under Subsection
847     (5)(a).
848          (8) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the
849     public hearing described in Subsection (5)(b), the municipal legislative body may adopt an
850     ordinance approving the annexation of the area proposed for annexation under this section
851     unless, at or before the hearing, written protests to the annexation have been filed with the
852     recorder or clerk of the municipality by the owners of private real property that:
853          (i) is located within the area proposed for annexation;
854          (ii) covers a majority of the total private land area within the entire area proposed for
855     annexation; and
856          (iii) is equal in value to at least 1/2 the value of all private real property within the
857     entire area proposed for annexation.
858          (b) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
859     described in Subsection (5)(b), a municipality may adopt an ordinance approving the
860     annexation of the area proposed for annexation under this section without allowing or
861     considering protests under Subsection (8)(a) if the owners of at least 75% of the total private
862     land area within the entire area proposed for annexation, representing at least 75% of the value
863     of the private real property within the entire area proposed for annexation, have consented in
864     writing to the annexation.
865          (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
866     ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be
867     validly annexed.
868          (c) (i) Notwithstanding Subsection (8)(a), upon conclusion of the public hearing
869     described in Subsection (5)(b), a municipality may adopt an ordinance approving the

870     annexation of an area that the county legislative body proposes for annexation under this
871     section without allowing or considering protests under Subsection (8)(a) if the county
872     legislative body has formally recommended annexation to the annexing municipality and has
873     made a formal finding that:
874          (A) the area to be annexed can be more efficiently served by the municipality than by
875     the county;
876          (B) the area to be annexed is not likely to be naturally annexed by the municipality in
877     the future as the result of urban development;
878          (C) annexation of the area is likely to facilitate the consolidation of overlapping
879     functions of local government; and
880          (D) annexation of the area is likely to result in an equitable distribution of community
881     resources and obligations.
882          (ii) The county legislative body may base the finding required in Subsection
883     (8)(c)(i)(B) on:
884          (A) existing development in the area;
885          (B) natural or other conditions that may limit the future development of the area; or
886          (C) other factors that the county legislative body considers relevant.
887          (iii) A county legislative body may make the recommendation for annexation required
888     in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of
889     information provided at the public hearing, the county legislative body makes a formal finding
890     that it would be equitable to leave a portion of the island unincorporated.
891          (iv) If a county legislative body has made a recommendation of annexation under
892     Subsection (8)(c)(i):
893          (A) the relevant municipality is not required to proceed with the recommended
894     annexation; and
895          (B) if the relevant municipality proceeds with annexation, the municipality shall annex
896     the entire area that the county legislative body recommended for annexation.
897          (v) Upon the effective date under Section 10-2-425 of an annexation approved by an

898     ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be
899     validly annexed.
900          (9) (a) Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely
901     filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance
902     approving the annexation of the area proposed for annexation, and the annexation proceedings
903     under this section shall be considered terminated.
904          (b) Subsection (9)(a) does not prohibit the municipal legislative body from excluding
905     from a proposed annexation under Subsection (2)(b) the property within an unincorporated
906     island regarding which protests have been filed and proceeding under Subsection (3) to annex
907     some or all of the remaining portion of the unincorporated island.
908          Section 9. Section 10-2-419 (Superseded 07/01/21) is amended to read:
909          10-2-419 (Superseded 07/01/21). Boundary adjustment -- Notice and hearing --
910     Protest.
911          (1) The legislative bodies of two or more municipalities having common boundaries
912     may adjust their common boundaries as provided in this section.
913          (2) The legislative body of each municipality intending to adjust a boundary that is
914     common with another municipality shall:
915          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
916     common boundary; and
917          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
918     adoption of the resolution under Subsection (2)(a).
919          (3) A legislative body described in Subsection (2) shall [publish] provide notice of a
920     public hearing described in Subsection (2)(b):
921          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
922     and at least one additional notice per 2,000 population of the municipality, in places within the
923     municipality that are most likely to give notice to residents of the municipality, subject to a
924     maximum of 10 notices; or
925          (ii) at least three weeks before the day of the public hearing, by mailing notice to each

926     residence in the municipality;
927          (b) by posting notice on the Utah Public Notice Website, created in Section
928     63A-12-201, for three weeks before the day of the public hearing;
929          (c) if the proposed boundary adjustment may cause any part of real property owned by
930     the state to be within the geographic boundary of a different local governmental entity than
931     before the adjustment, by providing written notice, at least 50 days before the day of the public
932     hearing, to:
933          (i) the title holder of any state-owned real property described in this Subsection (3)(d);
934     and
935          (ii) the Utah State Developmental Center Board, created under Section [62A-5-202.2]
936     62A-5-202.5, if any state-owned real property described in this Subsection (3)(d) is associated
937     with the Utah State Developmental Center; and
938          (d) if the municipality has a website, by posting notice on the municipality's website for
939     three weeks before the day of the public hearing.
940          (4) The notice described in Subsection (3) shall:
941          (a) state that the municipal legislative body has adopted a resolution indicating the
942     municipal legislative body's intent to adjust a boundary that the municipality has in common
943     with another municipality;
944          (b) describe the area proposed to be adjusted;
945          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
946          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
947     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
948     protest to the adjustment is filed by:
949          (i) an owner of private real property that:
950          (A) is located within the area proposed for adjustment;
951          (B) covers at least 25% of the total private land area within the area proposed for
952     adjustment; and
953          (C) is equal in value to at least 15% of the value of all private real property within the

954     area proposed for adjustment; or
955          (ii) a title holder of state-owned real property described in Subsection (3)(d);
956          (e) state that the area that is the subject of the boundary adjustment will, because of the
957     boundary adjustment, be automatically annexed to a local district providing fire protection,
958     paramedic, and emergency services or a local district providing law enforcement service, as the
959     case may be, as provided in Section 17B-1-416, if:
960          (i) the municipality to which the area is being added because of the boundary
961     adjustment is entirely within the boundaries of a local district:
962          (A) that provides fire protection, paramedic, and emergency services or law
963     enforcement service, respectively; and
964          (B) in the creation of which an election was not required because of Subsection
965     17B-1-214(3)(c); and
966          (ii) the municipality from which the area is being taken because of the boundary
967     adjustment is not within the boundaries of the local district; and
968          (f) state that the area proposed for annexation to the municipality will be automatically
969     withdrawn from a local district providing fire protection, paramedic, and emergency services,
970     as provided in Subsection 17B-1-502(2), if:
971          (i) the municipality to which the area is being added because of the boundary
972     adjustment is not within the boundaries of a local district:
973          (A) that provides fire protection, paramedic, and emergency services; and
974          (B) in the creation of which an election was not required because of Subsection
975     17B-1-214(3)(c); and
976          (ii) the municipality from which the area is being taken because of the boundary
977     adjustment is entirely within the boundaries of the local district.
978          (5) Upon conclusion of the public hearing described in Subsection (2)(b), the
979     municipal legislative body may adopt an ordinance approving the adjustment of the common
980     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
981     adjustment is filed with the city recorder or town clerk by a person described in Subsection

982     (3)(d)(i) or (ii).
983          (6) The municipal legislative body shall comply with the requirements of Section
984     10-2-425 as if the boundary adjustment were an annexation.
985          (7) (a) An ordinance adopted under Subsection (5) becomes effective when each
986     municipality involved in the boundary adjustment has adopted an ordinance under Subsection
987     (5).
988          (b) The effective date of a boundary adjustment under this section is governed by
989     Section 10-2-425.
990          Section 10. Section 10-2-419 (Effective 07/01/21) is amended to read:
991          10-2-419 (Effective 07/01/21). Boundary adjustment -- Notice and hearing --
992     Protest.
993          (1) The legislative bodies of two or more municipalities having common boundaries
994     may adjust their common boundaries as provided in this section.
995          (2) The legislative body of each municipality intending to adjust a boundary that is
996     common with another municipality shall:
997          (a) adopt a resolution indicating the intent of the municipal legislative body to adjust a
998     common boundary; and
999          (b) hold a public hearing on the proposed adjustment no less than 60 days after the
1000     adoption of the resolution under Subsection (2)(a).
1001          (3) A legislative body described in Subsection (2) shall [publish] provide notice of a
1002     public hearing described in Subsection (2)(b):
1003          (a) (i) at least three weeks before the day of the public hearing, by posting one notice,
1004     and at least one additional notice per 2,000 population of the municipality, in places within the
1005     municipality that are most likely to give notice to residents of the municipality, subject to a
1006     maximum of 10 notices; or
1007          (ii) at least three weeks before the day of the public hearing, by mailing notice to each
1008     residence in the municipality;
1009          (b) by posting notice on the Utah Public Notice Website, created in Section

1010     63A-16-601, for three weeks before the day of the public hearing;
1011          (c) if the proposed boundary adjustment may cause any part of real property owned by
1012     the state to be within the geographic boundary of a different local governmental entity than
1013     before the adjustment, by providing written notice, at least 50 days before the day of the public
1014     hearing, to:
1015          (i) the title holder of any state-owned real property described in this Subsection (3)(d);
1016     and
1017          (ii) the Utah State Developmental Center Board, created under Section [62A-5-202.2]
1018     62A-5-202.5, if any state-owned real property described in this Subsection (3)(d) is associated
1019     with the Utah State Developmental Center; and
1020          (d) if the municipality has a website, by posting notice on the municipality's website for
1021     three weeks before the day of the public hearing.
1022          (4) The notice described in Subsection (3) shall:
1023          (a) state that the municipal legislative body has adopted a resolution indicating the
1024     municipal legislative body's intent to adjust a boundary that the municipality has in common
1025     with another municipality;
1026          (b) describe the area proposed to be adjusted;
1027          (c) state the date, time, and place of the public hearing described in Subsection (2)(b);
1028          (d) state in conspicuous and plain terms that the municipal legislative body will adjust
1029     the boundaries unless, at or before the public hearing described in Subsection (2)(b), a written
1030     protest to the adjustment is filed by:
1031          (i) an owner of private real property that:
1032          (A) is located within the area proposed for adjustment;
1033          (B) covers at least 25% of the total private land area within the area proposed for
1034     adjustment; and
1035          (C) is equal in value to at least 15% of the value of all private real property within the
1036     area proposed for adjustment; or
1037          (ii) a title holder of state-owned real property described in Subsection (3)(d);

1038          (e) state that the area that is the subject of the boundary adjustment will, because of the
1039     boundary adjustment, be automatically annexed to a local district providing fire protection,
1040     paramedic, and emergency services or a local district providing law enforcement service, as the
1041     case may be, as provided in Section 17B-1-416, if:
1042          (i) the municipality to which the area is being added because of the boundary
1043     adjustment is entirely within the boundaries of a local district:
1044          (A) that provides fire protection, paramedic, and emergency services or law
1045     enforcement service, respectively; and
1046          (B) in the creation of which an election was not required because of Subsection
1047     17B-1-214(3)(c); and
1048          (ii) the municipality from which the area is being taken because of the boundary
1049     adjustment is not within the boundaries of the local district; and
1050          (f) state that the area proposed for annexation to the municipality will be automatically
1051     withdrawn from a local district providing fire protection, paramedic, and emergency services,
1052     as provided in Subsection 17B-1-502(2), if:
1053          (i) the municipality to which the area is being added because of the boundary
1054     adjustment is not within the boundaries of a local district:
1055          (A) that provides fire protection, paramedic, and emergency services; and
1056          (B) in the creation of which an election was not required because of Subsection
1057     17B-1-214(3)(c); and
1058          (ii) the municipality from which the area is being taken because of the boundary
1059     adjustment is entirely within the boundaries of the local district.
1060          (5) Upon conclusion of the public hearing described in Subsection (2)(b), the
1061     municipal legislative body may adopt an ordinance approving the adjustment of the common
1062     boundary unless, at or before the hearing described in Subsection (2)(b), a written protest to the
1063     adjustment is filed with the city recorder or town clerk by a person described in Subsection
1064     (3)(d)(i) or (ii).
1065          (6) The municipal legislative body shall comply with the requirements of Section

1066     10-2-425 as if the boundary adjustment were an annexation.
1067          (7) (a) An ordinance adopted under Subsection (5) becomes effective when each
1068     municipality involved in the boundary adjustment has adopted an ordinance under Subsection
1069     (5).
1070          (b) The effective date of a boundary adjustment under this section is governed by
1071     Section 10-2-425.
1072          Section 11. Section 10-2-502.5 (Superseded 07/01/21) is amended to read:
1073          10-2-502.5 (Superseded 07/01/21). Hearing on request for disconnection --
1074     Determination by municipal legislative body -- Petition in district court.
1075          (1) No sooner than three weeks after notice is provided under Subsection 10-2-501(3),
1076     the legislative body of the municipality in which the area proposed for disconnection is located
1077     shall hold a public hearing.
1078          (2) The municipal legislative body shall provide notice of the public hearing:
1079          (a) at least seven days before the hearing date, in writing to the petitioner and to the
1080     legislative body of the county in which the area proposed for disconnection is located;
1081           (b) (i) at least seven days before the hearing date, by posting one notice, and at least
1082     one additional notice per 2,000 population of the municipality, in places within the
1083     municipality that are most likely to give notice to residents within, and the owners of real
1084     property located within, the municipality, subject to a maximum of 10 notices; or
1085          (ii) at least 10 days before the hearing date, by mailing notice to each residence within,
1086     and each owner of real property located within, the municipality;
1087          (c) by posting notice on the Utah Public Notice Website, created in Section
1088     63A-12-201, for seven days before the hearing date; and
1089          (d) if the municipality has a website, by posting notice on the municipality's website for
1090     seven days before the hearing date.
1091          (3) In the public hearing, any person may speak and submit documents regarding the
1092     disconnection proposal.
1093          (4) Within 45 calendar days of the hearing, the municipal legislative body shall:

1094          (a) determine whether to grant the request for disconnection; and
1095          (b) if the municipality determines to grant the request, adopt an ordinance approving
1096     disconnection of the area from the municipality.
1097          (5) (a) A petition against the municipality challenging the municipal legislative body's
1098     determination under Subsection (4) may be filed in district court by:
1099          (i) the petitioner; or
1100          (ii) the county in which the area proposed for disconnection is located.
1101          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
1102     disconnection.
1103          Section 12. Section 10-2-502.5 (Effective 07/01/21) is amended to read:
1104          10-2-502.5 (Effective 07/01/21). Hearing on request for disconnection --
1105     Determination by municipal legislative body -- Petition in district court.
1106          (1) No sooner than three weeks after notice is provided under Subsection 10-2-501(3),
1107     the legislative body of the municipality in which the area proposed for disconnection is located
1108     shall hold a public hearing.
1109          (2) The municipal legislative body shall provide notice of the public hearing:
1110          (a) at least seven days before the hearing date, in writing to the petitioner and to the
1111     legislative body of the county in which the area proposed for disconnection is located;
1112           (b) (i) at least seven days before the hearing date, by posting one notice, and at least
1113     one additional notice per 2,000 population of the municipality, in places within the
1114     municipality that are most likely to give notice to residents within, and the owners of real
1115     property located within, the municipality, subject to a maximum of 10 notices; or
1116          (ii) at least 10 days before the hearing date, by mailing notice to each residence within,
1117     and each owner of real property located within, the municipality;
1118          (c) by posting notice on the Utah Public Notice Website, created in Section
1119     63A-16-601, for seven days before the hearing date; and
1120          (d) if the municipality has a website, by posting notice on the municipality's website for
1121     seven days before the hearing date.

1122          (3) In the public hearing, any person may speak and submit documents regarding the
1123     disconnection proposal.
1124          (4) Within 45 calendar days of the hearing, the municipal legislative body shall:
1125          (a) determine whether to grant the request for disconnection; and
1126          (b) if the municipality determines to grant the request, adopt an ordinance approving
1127     disconnection of the area from the municipality.
1128          (5) (a) A petition against the municipality challenging the municipal legislative body's
1129     determination under Subsection (4) may be filed in district court by:
1130          (i) the petitioner; or
1131          (ii) the county in which the area proposed for disconnection is located.
1132          (b) Each petition under Subsection (5)(a) shall include a copy of the request for
1133     disconnection.
1134          Section 13. Section 10-2-703 (Superseded 07/01/21) is amended to read:
1135          10-2-703 (Superseded 07/01/21). Providing notice of election.
1136          (1) Immediately after setting the date for the election, the court shall order for
1137     [publication] notice to be provided of the:
1138          (a) petition; and
1139          (b) date the election is to be held to determine the question of dissolution.
1140          (2) The notice described in Subsection (1) shall be [published] provided:
1141          (a) (i) at least four weeks before the day of the election, by posting one notice, and at
1142     least one additional notice per 2,000 population of the municipality, in places within the
1143     municipality that are most likely to give notice to the voters in the municipality, subject to a
1144     maximum of 10 notices; or
1145          (ii) at least one month before the day of the election, by mailing notice to each
1146     registered voter in the municipality;
1147          (b) by posting notice on the Utah Public Notice Website, created in Section
1148     63A-12-201, for four weeks before the day of the election; and
1149          (c) if the municipality has a website, by posting notice on the municipality's website for

1150     four weeks before the day of the election.
1151          Section 14. Section 10-2-703 (Effective 07/01/21) is amended to read:
1152          10-2-703 (Effective 07/01/21). Providing notice of election.
1153          (1) Immediately after setting the date for the election, the court shall order for
1154     [publication] notice to be provided of the:
1155          (a) petition; and
1156          (b) date the election is to be held to determine the question of dissolution.
1157          (2) The notice described in Subsection (1) shall be [published] provided:
1158          (a) (i) at least four weeks before the day of the election, by posting one notice, and at
1159     least one additional notice per 2,000 population of the municipality, in places within the
1160     municipality that are most likely to give notice to the voters in the municipality, subject to a
1161     maximum of 10 notices; or
1162          (ii) at least one month before the day of the election, by mailing notice to each
1163     registered voter in the municipality;
1164          (b) by posting notice on the Utah Public Notice Website, created in Section
1165     63A-16-601, for four weeks before the day of the election; and
1166          (c) if the municipality has a website, by posting notice on the municipality's website for
1167     four weeks before the day of the election.
1168          Section 15. Section 10-2-708 (Superseded 07/01/21) is amended to read:
1169          10-2-708 (Superseded 07/01/21). Notice of disincorporation.
1170          When a municipality has been dissolved, the clerk of the court shall [publish] provide
1171     notice of the dissolution:
1172          (1) (a) by posting one notice, and at least one additional notice per 2,000 population of
1173     the county in places within the county that are most likely to give notice to the residents within,
1174     and the owners of real property located within, the county, including the residents and owners
1175     within the municipality that is dissolved, subject to a maximum of 10 notices; or
1176          (b) by mailing notice to each residence within, and each owner of real property located
1177     within, the county;

1178          (2) by posting notice on the Utah Public Notice Website, created in Section
1179     63A-12-201, for four weeks;
1180          (3) if the municipality has a website, by posting notice on the municipality's website for
1181     four weeks; and
1182          (4) by posting notice on the county's website for four weeks.
1183          Section 16. Section 10-2-708 (Effective 07/01/21) is amended to read:
1184          10-2-708 (Effective 07/01/21). Notice of disincorporation.
1185          When a municipality has been dissolved, the clerk of the court shall [publish] provide
1186     notice of the dissolution:
1187          (1) (a) by posting one notice, and at least one additional notice per 2,000 population of
1188     the county in places within the county that are most likely to give notice to the residents within,
1189     and the owners of real property located within, the county, including the residents and owners
1190     within the municipality that is dissolved, subject to a maximum of 10 notices; or
1191          (b) by mailing notice to each residence within, and each owner of real property located
1192     within, the county;
1193          (2) by posting notice on the Utah Public Notice Website, created in Section
1194     63A-16-601, for four weeks;
1195          (3) if the municipality has a website, by posting notice on the municipality's website for
1196     four weeks; and
1197          (4) by posting notice on the county's website for four weeks.
1198          Section 17. Section 10-2a-210 (Superseded 07/01/21) is amended to read:
1199          10-2a-210 (Superseded 07/01/21). Incorporation election -- Notice of election --
1200     Voter information pamphlet.
1201          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1202     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1203     described in the petition to be held on the date of the next regular general election described in
1204     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
1205     is at least 65 days after the day on which the lieutenant governor certifies the petition.

1206          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1207     which the proposed municipality is located to hold the election on the date that the lieutenant
1208     governor schedules under Subsection (1)(a).
1209          (ii) The county shall hold the election as directed by the lieutenant governor under
1210     Subsection (1)(b)(i).
1211          (2) The county clerk shall [publish] provide notice of the election:
1212          (a) (i) by publishing notice in a newspaper of general circulation within the area
1213     proposed to be incorporated at least once a week for three successive weeks before the election;
1214          [(a) (i)] (ii) at least three weeks before the day of the election, by posting one notice,
1215     and at least one additional notice per 2,000 population of the area proposed to be incorporated,
1216     in places within the area proposed to be incorporated that are most likely to give notice to the
1217     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1218          [(ii)] (iii) at least three weeks before the day of the election, by mailing notice to each
1219     registered voter in the area proposed to be incorporated;
1220          (b) by posting notice on the Utah Public Notice Website, created in Section
1221     63A-12-201, for three weeks before the day of the election;
1222          (c) if the proposed municipality has a website, by posting notice on the proposed
1223     municipality's website for three weeks before the day of the election; and
1224          (d) by posting notice on the county's website for three weeks before the day of the
1225     election.
1226          (3) (a) The notice required by Subsection (2) shall contain:
1227          (i) a statement of the contents of the petition;
1228          (ii) a description of the area proposed to be incorporated as a municipality;
1229          (iii) a statement of the date and time of the election and the location of polling places;
1230     and
1231          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1232     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1233     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.

1234          (b) Instead of [publishing] including the feasibility summary under Subsection
1235     (3)(a)(iv), the notice may include a statement that specifies the following sources where a
1236     registered voter in the area proposed to be incorporated may view or obtain a copy of the
1237     feasibility study:
1238          (i) the lieutenant governor's website;
1239          (ii) the physical address of the Office of the Lieutenant Governor; and
1240          (iii) a mailing address and telephone number.
1241          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1242     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1243          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1244          (ii) in consultation with the lieutenant governor; and
1245          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1246     (4)(a)(i) and (ii).
1247          (b) The voter information pamphlet described in Subsection (4)(a):
1248          (i) shall inform the public of the proposed incorporation; and
1249          (ii) may include written statements, printed in the same font style and point size, from
1250     proponents and opponents of the proposed incorporation.
1251          (5) An individual may not vote in an incorporation election under this section unless
1252     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1253     boundaries of the proposed municipality.
1254          (6) If a majority of those who vote in an incorporation election held under this section
1255     cast votes in favor of incorporation, the area shall incorporate.
1256          Section 18. Section 10-2a-210 (Effective 07/01/21) is amended to read:
1257          10-2a-210 (Effective 07/01/21). Incorporation election -- Notice of election --
1258     Voter information pamphlet.
1259          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1260     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1261     described in the petition to be held on the date of the next regular general election described in

1262     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
1263     is at least 65 days after the day on which the lieutenant governor certifies the petition.
1264          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1265     which the proposed municipality is located to hold the election on the date that the lieutenant
1266     governor schedules under Subsection (1)(a).
1267          (ii) The county shall hold the election as directed by the lieutenant governor under
1268     Subsection (1)(b)(i).
1269          (2) The county clerk shall [publish] provide notice of the election:
1270          (a) (i) by publishing notice in a newspaper of general circulation within the area
1271     proposed to be incorporated at least once a week for three successive weeks before the election;
1272          [(a) (i)] (ii) at least three weeks before the day of the election, by posting one notice,
1273     and at least one additional notice per 2,000 population of the area proposed to be incorporated,
1274     in places within the area proposed to be incorporated that are most likely to give notice to the
1275     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1276          [(ii)] (iii) at least three weeks before the day of the election, by mailing notice to each
1277     registered voter in the area proposed to be incorporated;
1278          (b) by posting notice on the Utah Public Notice Website, created in Section
1279     63A-16-601, for three weeks before the day of the election;
1280          (c) if the proposed municipality has a website, by posting notice on the proposed
1281     municipality's website for three weeks before the day of the election; and
1282          (d) by posting notice on the county's website for three weeks before the day of the
1283     election.
1284          (3) (a) The notice required by Subsection (2) shall contain:
1285          (i) a statement of the contents of the petition;
1286          (ii) a description of the area proposed to be incorporated as a municipality;
1287          (iii) a statement of the date and time of the election and the location of polling places;
1288     and
1289          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in

1290     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1291     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1292          (b) Instead of [publishing] including the feasibility summary under Subsection
1293     (3)(a)(iv), the notice may include a statement that specifies the following sources where a
1294     registered voter in the area proposed to be incorporated may view or obtain a copy of the
1295     feasibility study:
1296          (i) the lieutenant governor's website;
1297          (ii) the physical address of the Office of the Lieutenant Governor; and
1298          (iii) a mailing address and telephone number.
1299          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1300     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1301          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1302          (ii) in consultation with the lieutenant governor; and
1303          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1304     (4)(a)(i) and (ii).
1305          (b) The voter information pamphlet described in Subsection (4)(a):
1306          (i) shall inform the public of the proposed incorporation; and
1307          (ii) may include written statements, printed in the same font style and point size, from
1308     proponents and opponents of the proposed incorporation.
1309          (5) An individual may not vote in an incorporation election under this section unless
1310     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1311     boundaries of the proposed municipality.
1312          (6) If a majority of those who vote in an incorporation election held under this section
1313     cast votes in favor of incorporation, the area shall incorporate.
1314          Section 19. Section 10-2a-213 (Superseded 07/01/21) is amended to read:
1315          10-2a-213 (Superseded 07/01/21). Determination of number of council members --
1316     Determination of election districts -- Hearings and notice.
1317          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days

1318     after the day on which the county conducts the canvass of the election under Section
1319     10-2a-212:
1320          (a) for the incorporation of a city:
1321          (i) if the voters at the incorporation election choose the council-mayor form of
1322     government, determine the number of council members that will constitute the city council of
1323     the city; and
1324          (ii) if the voters at the incorporation election vote to elect council members by district,
1325     determine the number of council members to be elected by district and draw the boundaries of
1326     those districts, which shall be substantially equal in population; and
1327          (b) for the incorporation of any municipality:
1328          (i) determine the initial terms of the mayor and members of the municipal council so
1329     that:
1330          (A) the mayor and approximately half the members of the municipal council are
1331     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1332     successors to serve a full four-year term that coincides with the schedule established in
1333     Subsection 10-3-205(1); and
1334          (B) the remaining members of the municipal council are elected to serve an initial
1335     term, of no less than one year, that allows the members' successors to serve a full four-year
1336     term that coincides with the schedule established in Subsection 10-3-205(2); and
1337          (ii) submit in writing to the county legislative body the results of the determinations
1338     made by the sponsors under Subsections (1)(a) and (b)(i).
1339          (2) A newly incorporated town shall operate under the five-member council form of
1340     government as defined in Section 10-3b-102.
1341          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1342     sponsors shall hold a public hearing within the future municipality on the applicable issues
1343     described in Subsections (1)(a) and (b)(i).
1344          (4) The petition sponsors shall [publish] provide notice of the public hearing described
1345     in Subsection (3):

1346          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
1347     and at least one additional notice per 2,000 population of the future municipality, in places
1348     within the future municipality that are most likely to give notice to the residents within, and the
1349     owners of real property located within, the future municipality, subject to a maximum of 10
1350     notices; or
1351          (ii) at least two weeks before the day of the public hearing, by mailing notice to each
1352     residence within, and each owner of real property located within, the future municipality;
1353          (b) by posting notice on the Utah Public Notice Website, created in Section
1354     63A-12-201, for two weeks before the day of the public hearing;
1355          (c) if the future municipality has a website, by posting notice on the future
1356     municipality's website for two weeks before the day of the public hearing; and
1357          (d) by posting notice on the county's website for two weeks before the day of the public
1358     hearing.
1359          Section 20. Section 10-2a-213 (Effective 07/01/21) is amended to read:
1360          10-2a-213 (Effective 07/01/21). Determination of number of council members --
1361     Determination of election districts -- Hearings and notice.
1362          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1363     after the day on which the county conducts the canvass of the election under Section
1364     10-2a-212:
1365          (a) for the incorporation of a city:
1366          (i) if the voters at the incorporation election choose the council-mayor form of
1367     government, determine the number of council members that will constitute the city council of
1368     the city; and
1369          (ii) if the voters at the incorporation election vote to elect council members by district,
1370     determine the number of council members to be elected by district and draw the boundaries of
1371     those districts, which shall be substantially equal in population; and
1372          (b) for the incorporation of any municipality:
1373          (i) determine the initial terms of the mayor and members of the municipal council so

1374     that:
1375          (A) the mayor and approximately half the members of the municipal council are
1376     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1377     successors to serve a full four-year term that coincides with the schedule established in
1378     Subsection 10-3-205(1); and
1379          (B) the remaining members of the municipal council are elected to serve an initial
1380     term, of no less than one year, that allows the members' successors to serve a full four-year
1381     term that coincides with the schedule established in Subsection 10-3-205(2); and
1382          (ii) submit in writing to the county legislative body the results of the determinations
1383     made by the sponsors under Subsections (1)(a) and (b)(i).
1384          (2) A newly incorporated town shall operate under the five-member council form of
1385     government as defined in Section 10-3b-102.
1386          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1387     sponsors shall hold a public hearing within the future municipality on the applicable issues
1388     described in Subsections (1)(a) and (b)(i).
1389          (4) The petition sponsors shall [publish] provide notice of the public hearing described
1390     in Subsection (3):
1391          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
1392     and at least one additional notice per 2,000 population of the future municipality, in places
1393     within the future municipality that are most likely to give notice to the residents within, and the
1394     owners of real property located within, the future municipality, subject to a maximum of 10
1395     notices; or
1396          (ii) at least two weeks before the day of the public hearing, by mailing notice to each
1397     residence within, and each owner of real property located within, the future municipality;
1398          (b) by posting notice on the Utah Public Notice Website, created in Section
1399     63A-16-601, for two weeks before the day of the public hearing;
1400          (c) if the future municipality has a website, by posting notice on the future
1401     municipality's website for two weeks before the day of the public hearing; and

1402          (d) by posting notice on the county's website for two weeks before the day of the public
1403     hearing.
1404          Section 21. Section 10-2a-214 (Superseded 07/01/21) is amended to read:
1405          10-2a-214 (Superseded 07/01/21). Notice of number of commission or council
1406     members to be elected and of district boundaries -- Declaration of candidacy for
1407     municipal office.
1408          (1) Within 20 days after the day on which a county legislative body receives the
1409     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1410     [publish] provide a notice, in accordance with Subsection (2), [notice] containing:
1411          (a) the number of municipal council members to be elected for the new municipality;
1412          (b) except as provided in Subsection (3), if some or all of the municipal council
1413     members are to be elected by district, a description of the boundaries of those districts;
1414          (c) information about the deadline for an individual to file a declaration of candidacy to
1415     become a candidate for mayor or municipal council; and
1416          (d) information about the length of the initial term of each of the municipal officers.
1417          (2) The county clerk shall [publish] provide the notice described in Subsection (1):
1418          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1419     the future municipality, in places within the future municipality that are most likely to give
1420     notice to the residents in the future municipality, subject to a maximum of 10 notices; or
1421          (ii) by mailing notice to each residence in the future municipality;
1422          (b) by posting notice on the Utah Public Notice Website, created in Section
1423     63A-12-201, for two weeks;
1424          (c) if the future municipality has a website, by posting notice on the future
1425     municipality's website for two weeks; and
1426          (d) by posting notice on the county's website for two weeks.
1427          (3) Instead of [publishing] including a description of the district boundaries [described
1428     in] under Subsection (1)(b), the notice may include a statement that specifies the following
1429     sources where a resident of the future municipality may view or obtain a copy of the district

1430     boundaries:
1431          (a) the county website;
1432          (b) the physical address of the county offices; and
1433          (c) a mailing address and telephone number.
1434          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1435     candidate for mayor or municipal council of a municipality incorporating under this part shall
1436     file a declaration of candidacy with the clerk of the county in which the future municipality is
1437     located and in accordance with:
1438          (a) for an incorporation held on the date of a regular general election, the deadlines for
1439     filing a declaration of candidacy under Section 20A-9-202; or
1440          (b) for an incorporation held on the date of a municipal general election, the deadlines
1441     for filing a declaration of candidacy under Section 20A-9-203.
1442          Section 22. Section 10-2a-214 (Effective 07/01/21) is amended to read:
1443          10-2a-214 (Effective 07/01/21). Notice of number of commission or council
1444     members to be elected and of district boundaries -- Declaration of candidacy for
1445     municipal office.
1446          (1) Within 20 days after the day on which a county legislative body receives the
1447     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1448     [publish] provide a notice, in accordance with Subsection (2), [notice] containing:
1449          (a) the number of municipal council members to be elected for the new municipality;
1450          (b) except as provided in Subsection (3), if some or all of the municipal council
1451     members are to be elected by district, a description of the boundaries of those districts;
1452          (c) information about the deadline for an individual to file a declaration of candidacy to
1453     become a candidate for mayor or municipal council; and
1454          (d) information about the length of the initial term of each of the municipal officers.
1455          (2) The county clerk shall [publish] provide the notice described in Subsection (1):
1456          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1457     the future municipality, in places within the future municipality that are most likely to give

1458     notice to the residents in the future municipality, subject to a maximum of 10 notices; or
1459          (ii) by mailing notice to each residence in the future municipality;
1460          (b) by posting notice on the Utah Public Notice Website, created in Section
1461     63A-16-601, for two weeks;
1462          (c) if the future municipality has a website, by posting notice on the future
1463     municipality's website for two weeks; and
1464          (d) by posting notice on the county's website for two weeks.
1465          (3) Instead of [publishing] including a description of the district boundaries [described
1466     in] under Subsection (1)(b), the notice may include a statement that specifies the following
1467     sources where a resident of the future municipality may view or obtain a copy of the district
1468     boundaries:
1469          (a) the county website;
1470          (b) the physical address of the county offices; and
1471          (c) a mailing address and telephone number.
1472          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1473     candidate for mayor or municipal council of a municipality incorporating under this part shall
1474     file a declaration of candidacy with the clerk of the county in which the future municipality is
1475     located and in accordance with:
1476          (a) for an incorporation held on the date of a regular general election, the deadlines for
1477     filing a declaration of candidacy under Section 20A-9-202; or
1478          (b) for an incorporation held on the date of a municipal general election, the deadlines
1479     for filing a declaration of candidacy under Section 20A-9-203.
1480          Section 23. Section 10-2a-215 (Superseded 07/01/21) is amended to read:
1481          10-2a-215 (Superseded 07/01/21). Election of officers of new municipality --
1482     Primary and final election dates -- County clerk duties -- Candidate duties -- Occupation
1483     of office.
1484          (1) For the election of municipal officers, the county legislative body shall:
1485          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a

1486     primary election; and
1487          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1488     final election.
1489          (2) Each election described in Subsection (1) shall be held:
1490          (a) consistent with the petition sponsors' determination of the length of each council
1491     member's initial term; and
1492          (b) for the incorporation of a city:
1493          (i) appropriate to the form of government chosen by the voters at the incorporation
1494     election;
1495          (ii) consistent with the voters' decision about whether to elect city council members by
1496     district and, if applicable, consistent with the boundaries of those districts as determined by the
1497     petition sponsors; and
1498          (iii) consistent with the sponsors' determination of the number of city council members
1499     to be elected.
1500          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1501     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1502          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1503          (ii) municipal primary election described in Section 20A-9-404.
1504          (b) The county shall hold the primary election, if necessary, on the next election date
1505     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1506     10-2a-210.
1507          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1508     Subsection (1)(b):
1509          (i) on the following election date that next follows the date of the incorporation
1510     election held under Subsection 10-2a-210(1)(a);
1511          (ii) a regular general election described in Section 20A-1-201; or
1512          (iii) a regular municipal general election under Section 20A-1-202.
1513          (b) The county shall hold the final election on the earliest of the next election date that

1514     is listed in Subsection (4)(a)(i), (ii), or (iii):
1515          (i) that is after a primary election; or
1516          (ii) if there is no primary election, that is at least:
1517          (A) 75 days after the incorporation election under Section 10-2a-210; and
1518          (B) 65 days after the candidate filing period.
1519          (5) The county clerk shall [publish] provide notice of an election under this section:
1520          (a) (i) at least two weeks before the day of the election, by posting one notice, and at
1521     least one additional notice per 2,000 population of the future municipality, in places within the
1522     future municipality that are most likely to give notice to the voters within the future
1523     municipality, subject to a maximum of 10 notices; or
1524          (ii) at least two weeks before the day of the election, by mailing notice to each
1525     registered voter within the future municipality;
1526          (b) by posting notice on the Utah Public Notice Website, created in Section
1527     63A-12-201, for two weeks before the day of the election;
1528          (c) if the future municipality has a website, by posting notice on the future
1529     municipality's website for two weeks before the day of the election; and
1530          (d) by posting notice on the county's website for two weeks before the day of the
1531     election.
1532          (6) Until the municipality is incorporated, the county clerk:
1533          (a) is the election officer for all purposes related to the election of municipal officers;
1534          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1535     related to the election of municipal officers for a new municipality that are not otherwise
1536     contrary to law;
1537          (c) shall require and determine deadlines for municipal office candidates to file
1538     campaign financial disclosures in accordance with Section 10-3-208; and
1539          (d) shall ensure that the ballot for the election includes each office that is required to be
1540     included in the election for officers of the newly incorporated municipality, including the term
1541     of each office.

1542          (7) An individual who has filed as a candidate for an office described in this section
1543     shall comply with:
1544          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1545          (b) the requirements and deadlines established by the county clerk under this section.
1546          (8) Notwithstanding Section 10-3-201, the officers elected at a final election described
1547     in Subsection (4)(a) shall take office:
1548          (a) after taking the oath of office; and
1549          (b) at noon on the first Monday following the day on which the election official
1550     transmits a certificate of nomination or election under the officer's seal to each elected
1551     candidate in accordance with Subsection 20A-4-304(4)(b).
1552          Section 24. Section 10-2a-215 (Effective 07/01/21) is amended to read:
1553          10-2a-215 (Effective 07/01/21). Election of officers of new municipality -- Primary
1554     and final election dates -- County clerk duties -- Candidate duties -- Occupation of office.
1555          (1) For the election of municipal officers, the county legislative body shall:
1556          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1557     primary election; and
1558          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1559     final election.
1560          (2) Each election described in Subsection (1) shall be held:
1561          (a) consistent with the petition sponsors' determination of the length of each council
1562     member's initial term; and
1563          (b) for the incorporation of a city:
1564          (i) appropriate to the form of government chosen by the voters at the incorporation
1565     election;
1566          (ii) consistent with the voters' decision about whether to elect city council members by
1567     district and, if applicable, consistent with the boundaries of those districts as determined by the
1568     petition sponsors; and
1569          (iii) consistent with the sponsors' determination of the number of city council members

1570     to be elected.
1571          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1572     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1573          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1574          (ii) municipal primary election described in Section 20A-9-404.
1575          (b) The county shall hold the primary election, if necessary, on the next election date
1576     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1577     10-2a-210.
1578          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1579     Subsection (1)(b):
1580          (i) on the following election date that next follows the date of the incorporation
1581     election held under Subsection 10-2a-210(1)(a);
1582          (ii) a regular general election described in Section 20A-1-201; or
1583          (iii) a regular municipal general election under Section 20A-1-202.
1584          (b) The county shall hold the final election on the earliest of the next election date that
1585     is listed in Subsection (4)(a)(i), (ii), or (iii):
1586          (i) that is after a primary election; or
1587          (ii) if there is no primary election, that is at least:
1588          (A) 75 days after the incorporation election under Section 10-2a-210; and
1589          (B) 65 days after the candidate filing period.
1590          (5) The county clerk shall [publish] provide notice of an election under this section:
1591          (a) (i) at least two weeks before the day of the election, by posting one notice, and at
1592     least one additional notice per 2,000 population of the future municipality, in places within the
1593     future municipality that are most likely to give notice to the voters within the future
1594     municipality, subject to a maximum of 10 notices; or
1595          (ii) at least two weeks before the day of the election, by mailing notice to each
1596     registered voter within the future municipality;
1597          (b) by posting notice on the Utah Public Notice Website, created in Section

1598     63A-16-601, for two weeks before the day of the election;
1599          (c) if the future municipality has a website, by posting notice on the future
1600     municipality's website for two weeks before the day of the election; and
1601          (d) by posting notice on the county's website for two weeks before the day of the
1602     election.
1603          (6) Until the municipality is incorporated, the county clerk:
1604          (a) is the election officer for all purposes related to the election of municipal officers;
1605          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1606     related to the election of municipal officers for a new municipality that are not otherwise
1607     contrary to law;
1608          (c) shall require and determine deadlines for municipal office candidates to file
1609     campaign financial disclosures in accordance with Section 10-3-208; and
1610          (d) shall ensure that the ballot for the election includes each office that is required to be
1611     included in the election for officers of the newly incorporated municipality, including the term
1612     of each office.
1613          (7) An individual who has filed as a candidate for an office described in this section
1614     shall comply with:
1615          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1616          (b) the requirements and deadlines established by the county clerk under this section.
1617          (8) Notwithstanding Section 10-3-201, the officers elected at a final election described
1618     in Subsection (4)(a) shall take office:
1619          (a) after taking the oath of office; and
1620          (b) at noon on the first Monday following the day on which the election official
1621     transmits a certificate of nomination or election under the officer's seal to each elected
1622     candidate in accordance with Subsection 20A-4-304(4)(b).
1623          Section 25. Section 10-2a-404 is amended to read:
1624          10-2a-404. Election.
1625          (1) (a) Notwithstanding Section 20A-1-203, a county of the first class shall hold a local

1626     special election on November 3, 2015, on the following ballot propositions:
1627          (i) for registered voters residing within a planning township:
1628          (A) whether the planning township shall be incorporated as a city or town, according to
1629     the classifications of Section 10-2-301, or as a metro township; and
1630          (B) if the planning township incorporates as a metro township, whether the metro
1631     township is included in a municipal services district; and
1632          (ii) for registered voters residing within an unincorporated island, whether the island
1633     should maintain its unincorporated status or be annexed into an eligible city.
1634          (b) (i) A metro township incorporated under this part shall be governed by the
1635     five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
1636     Municipal Government.
1637          (ii) A city or town incorporated under this part shall be governed by the five-member
1638     council form of government as defined in Section 10-3b-102.
1639          (2) Unless a person is a registered voter who resides, as defined in Section 20A-1-102,
1640     within the boundaries of a planning township or an unincorporated island, the person may not
1641     vote on the proposed incorporation or annexation.
1642          (3) The county clerk shall [publish] post notice of the election on the Utah Public
1643     Notice Website, created in Section [63F-1-701] 63A-12-201, for three weeks before the
1644     election.
1645          (4) The notice required by Subsection (3) shall contain:
1646          (a) for residents of a planning township:
1647          (i) a statement that the voters will vote:
1648          (A) to incorporate as a city or town, according to the classifications of Section
1649     10-2-301, or as a metro township; and
1650          (B) if the planning township incorporates as a metro township, whether the metro
1651     township is included in a municipal services district;
1652          (ii) if applicable under Subsection 10-2a-405(5), a map showing the alteration to the
1653     planning township boundaries that would be effective upon incorporation;

1654          (iii) a statement that if the residents of the planning township elect to incorporate:
1655          (A) as a metro township, the metro township shall be governed by a five-member
1656     metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
1657     of Municipal Government; or
1658          (B) as a city or town, the city or town shall be governed by the five-member council
1659     form of government as defined in Section 10-3b-102; and
1660          (iv) a statement of the date and time of the election and the location of polling places;
1661          (b) for residents of an unincorporated island:
1662          (i) a statement that the voters will vote either to be annexed into an eligible city or
1663     maintain unincorporated status; and
1664          (ii) a statement of the eligible city, as determined by the county legislative body in
1665     accordance with Section 10-2a-405, the unincorporated island may elect to be annexed by; and
1666          (c) a statement of the date and time of the election and the location of polling places.
1667          (5) (a) In addition to the notice required under Subsection (3), the county clerk shall
1668     post at least one notice of the election per 1,000 population in conspicuous places within the
1669     planning township or unincorporated island that are most likely to give notice of the election to
1670     the voters of the proposed incorporation or annexation, subject to a maximum of 10 notices.
1671          (b) The clerk shall post the notices under Subsection (5)(a) at least seven days before
1672     the election under Subsection (1).
1673          (6) (a) In a planning township, if a majority of those casting votes within the planning
1674     township vote to:
1675          (i) incorporate as a city or town, the planning township shall incorporate as a city or
1676     town, respectively; or
1677          (ii) incorporate as a metro township, the planning township shall incorporate as a metro
1678     township.
1679          (b) If a majority of those casting votes within the planning township vote to incorporate
1680     as a metro township, and a majority of those casting votes vote to include the metro township
1681     in a municipal services district and limit the metro township's municipal powers, the metro

1682     township shall be included in a municipal services district and have limited municipal powers.
1683          (c) In an unincorporated island, if a majority of those casting a vote within the selected
1684     unincorporated island vote to:
1685          (i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
1686          (ii) remain an unincorporated area, the area shall remain unincorporated.
1687          (7) The county shall, in consultation with interested parties, prepare and provide
1688     information on an annexation or incorporation subject to this part and an election held in
1689     accordance with this section.
1690          Section 26. Section 10-2a-405 (Superseded 07/01/21) is amended to read:
1691          10-2a-405 (Superseded 07/01/21). Duties of county legislative body -- Public
1692     hearing -- Notice -- Other election and incorporation issues -- Rural real property
1693     excluded.
1694          (1) The legislative body of a county of the first class shall before an election described
1695     in Section 10-2a-404:
1696          (a) in accordance with Subsection (3), [publish] provide notice of the public hearing
1697     described in Subsection (1)(b);
1698          (b) hold a public hearing; and
1699          (c) at the public hearing, adopt a resolution:
1700          (i) identifying, including a map prepared by the county surveyor, all unincorporated
1701     islands within the county;
1702          (ii) identifying each eligible city that will annex each unincorporated island, including
1703     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1704     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1705     and
1706          (iii) identifying, including a map prepared by the county surveyor, the planning
1707     townships within the county and any changes to the boundaries of a planning township that the
1708     county legislative body proposes under Subsection (5).
1709          (2) The county legislative body shall exclude from a resolution adopted under

1710     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1711     consent to include the property in accordance with Subsection (7).
1712          (3) (a) The county clerk shall [publish] provide notice of the public hearing described
1713     in Subsection (1)(b):
1714          (i) by mailing notice to each owner of real property located in an unincorporated island
1715     or planning township no later than 15 days before the day of the public hearing;
1716          (ii) by posting notice on the Utah Public Notice Website, created in Section
1717     63A-12-201, for three weeks before the day of the public hearing; and
1718          (iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
1719     places within the selected unincorporated island, eligible city, or planning township, as
1720     applicable, that are most likely to give notice of the hearing to the residents of the
1721     unincorporated island, eligible city, or planning township, subject to a maximum of 10 notices.
1722          (b) The clerk shall post the notices under Subsection (3)(a)(iii) at least seven days
1723     before the hearing under Subsection (1)(b).
1724          (c) The notice under Subsection (3)(a) shall include:
1725          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1726     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1727     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1728     the eligible city or cities; or
1729          (B) for residents of a planning township, a statement that the property in the planning
1730     township shall be, pending the results of the election held under Section 10-2a-404,
1731     incorporated as a city, town, or metro township;
1732          (ii) the location and time of the public hearing; and
1733          (iii) the county website where a map may be accessed showing:
1734          (A) how the unincorporated island boundaries will change if annexed by an eligible
1735     city; or
1736          (B) how the planning township area boundaries will change, if applicable under
1737     Subsection (5), when the planning township incorporates as a metro township or as a city or

1738     town.
1739          (d) The county clerk shall publish a map described in Subsection (3)(c)(iii) on the
1740     county website.
1741          (4) The county legislative body may, by ordinance or resolution adopted at a public
1742     meeting and in accordance with applicable law, resolve an issue that arises with an election
1743     held in accordance with this part or the incorporation and establishment of a metro township in
1744     accordance with this part.
1745          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1746     meeting, change the boundaries of a planning township.
1747          (b) A change to a planning township boundary under this Subsection (5) is effective
1748     only upon the vote of the residents of the planning township at an election under Section
1749     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1750     boundaries of the planning township before the election.
1751          (c) The county legislative body:
1752          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1753     alteration:
1754          (A) affects less than 5% of the residents residing within the planning advisory area; and
1755          (B) does not increase the area located within the planning township's boundaries; and
1756          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1757     surrounded by one or more municipalities.
1758          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1759     annexation or an incorporation process that, if approved, would change the boundaries of a
1760     planning township.
1761          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1762          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
1763          (ii) that does not include residential units with a density greater than one unit per acre.
1764          (b) Unless an owner of rural real property gives written consent to a county legislative
1765     body, rural real property described in Subsection (7)(c) may not be:

1766          (i) included in a planning township identified under Subsection (1)(c); or
1767          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1768     part.
1769          (c) The following rural real property is subject to an owner's written consent under
1770     Subsection (7)(b):
1771          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1772     consisting of one or more tax parcels;
1773          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1774     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1775     more tax parcels;
1776          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1777     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1778     contiguous acres of rural real property consisting of one or more tax parcels; or
1779          (iv) rural real property that is located in whole or in part in one of the following as
1780     defined in Section 17-41-101:
1781          (A) an agricultural protection area;
1782          (B) an industrial protection area; or
1783          (C) a mining protection area.
1784          Section 27. Section 10-2a-405 (Effective 07/01/21) is amended to read:
1785          10-2a-405 (Effective 07/01/21). Duties of county legislative body -- Public hearing
1786     -- Notice -- Other election and incorporation issues -- Rural real property excluded.
1787          (1) The legislative body of a county of the first class shall before an election described
1788     in Section 10-2a-404:
1789          (a) in accordance with Subsection (3), [publish] provide notice of the public hearing
1790     described in Subsection (1)(b);
1791          (b) hold a public hearing; and
1792          (c) at the public hearing, adopt a resolution:
1793          (i) identifying, including a map prepared by the county surveyor, all unincorporated

1794     islands within the county;
1795          (ii) identifying each eligible city that will annex each unincorporated island, including
1796     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1797     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1798     and
1799          (iii) identifying, including a map prepared by the county surveyor, the planning
1800     townships within the county and any changes to the boundaries of a planning township that the
1801     county legislative body proposes under Subsection (5).
1802          (2) The county legislative body shall exclude from a resolution adopted under
1803     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1804     consent to include the property in accordance with Subsection (7).
1805          (3) (a) The county clerk shall [publish] provide notice of the public hearing described
1806     in Subsection (1)(b):
1807          (i) by mailing notice to each owner of real property located in an unincorporated island
1808     or planning township no later than 15 days before the day of the public hearing;
1809          (ii) by posting notice on the Utah Public Notice Website, created in Section
1810     63A-16-601, for three weeks before the day of the public hearing; and
1811          (iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
1812     places within the selected unincorporated island, eligible city, or planning township, as
1813     applicable, that are most likely to give notice of the hearing to the residents of the
1814     unincorporated island, eligible city, or planning township, subject to a maximum of 10 notices.
1815          (b) The clerk shall post the notices under Subsection (3)(a)(iii) at least seven days
1816     before the hearing under Subsection (1)(b).
1817          (c) The notice under Subsection (3)(a) shall include:
1818          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1819     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1820     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1821     the eligible city or cities; or

1822          (B) for residents of a planning township, a statement that the property in the planning
1823     township shall be, pending the results of the election held under Section 10-2a-404,
1824     incorporated as a city, town, or metro township;
1825          (ii) the location and time of the public hearing; and
1826          (iii) the county website where a map may be accessed showing:
1827          (A) how the unincorporated island boundaries will change if annexed by an eligible
1828     city; or
1829          (B) how the planning township area boundaries will change, if applicable under
1830     Subsection (5), when the planning township incorporates as a metro township or as a city or
1831     town.
1832          (d) The county clerk shall publish a map described in Subsection (3)(c)(iii) on the
1833     county website.
1834          (4) The county legislative body may, by ordinance or resolution adopted at a public
1835     meeting and in accordance with applicable law, resolve an issue that arises with an election
1836     held in accordance with this part or the incorporation and establishment of a metro township in
1837     accordance with this part.
1838          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1839     meeting, change the boundaries of a planning township.
1840          (b) A change to a planning township boundary under this Subsection (5) is effective
1841     only upon the vote of the residents of the planning township at an election under Section
1842     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1843     boundaries of the planning township before the election.
1844          (c) The county legislative body:
1845          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1846     alteration:
1847          (A) affects less than 5% of the residents residing within the planning advisory area; and
1848          (B) does not increase the area located within the planning township's boundaries; and
1849          (ii) may not alter the boundaries of a planning township whose boundaries are entirely

1850     surrounded by one or more municipalities.
1851          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1852     annexation or an incorporation process that, if approved, would change the boundaries of a
1853     planning township.
1854          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1855          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and
1856          (ii) that does not include residential units with a density greater than one unit per acre.
1857          (b) Unless an owner of rural real property gives written consent to a county legislative
1858     body, rural real property described in Subsection (7)(c) may not be:
1859          (i) included in a planning township identified under Subsection (1)(c); or
1860          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1861     part.
1862          (c) The following rural real property is subject to an owner's written consent under
1863     Subsection (7)(b):
1864          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1865     consisting of one or more tax parcels;
1866          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1867     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1868     more tax parcels;
1869          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1870     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1871     contiguous acres of rural real property consisting of one or more tax parcels; or
1872          (iv) rural real property that is located in whole or in part in one of the following as
1873     defined in Section 17-41-101:
1874          (A) an agricultural protection area;
1875          (B) an industrial protection area; or
1876          (C) a mining protection area.
1877          Section 28. Section 10-2a-410 is amended to read:

1878          10-2a-410. Determination of metro township districts -- Determination of metro
1879     township or city initial officer terms -- Adoption of proposed districts.
1880          (1) (a) If a metro township with a population of 10,000 or more is incorporated in
1881     accordance with an election held under Section 10-2a-404:
1882          (i) each of the five metro township council members shall be elected by district; and
1883          (ii) the boundaries of the five council districts for election and the terms of office shall
1884     be designated and determined in accordance with this section.
1885          (b) If a metro township with a population of less than 10,000 or a town is incorporated
1886     at an election held in accordance with Section 10-2a-404, the five council members shall be
1887     elected at-large for terms as designated and determined in accordance with this section.
1888          (c) If a city is incorporated at an election held in accordance with Section 10-2a-404:
1889          (i) (A) the four members of the council district who are not the mayor shall be elected
1890     by district; and
1891          (B) the boundaries of the four council districts for election and the term of office shall
1892     be designated and determined in accordance with this section; and
1893          (ii) the mayor shall be elected at-large for a term designated and determined in
1894     accordance with this section.
1895          (2) (a) No later than 90 days after the election day on which the metro township, city,
1896     or town is successfully incorporated under this part, the legislative body of the county in which
1897     the metro township, city, or town is located shall adopt by resolution:
1898          (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
1899     the council terms for a length of time in accordance with this section; and
1900          (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
1901     the five council districts; and
1902          (B) for a city, the boundaries of the four council districts.
1903          (b) (i) For each metro township, city, or town, the county legislative body shall set the
1904     initial terms of the members of the metro township council, city council, or town council so
1905     that:

1906          (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the
1907     council, including the mayor in the case of a city, are elected to serve an initial term, of no less
1908     than one year, that allows their successors to serve a full four-year term that coincides with the
1909     schedule established in Subsection 10-3-205(1); and
1910          (B) the remaining members of the council are elected to serve an initial term, of no less
1911     than one year, that allows their successors to serve a full four-year term that coincides with the
1912     schedule established in Subsection 10-3-205(2).
1913          (ii) For a city that incorporated in a county of the first class in 2016, the term of office
1914     for the office of mayor is:
1915          (A) three years for the initial term of office; and
1916          (B) four years for each subsequent term of office.
1917          (iii) For a metro township with a population of 10,000 or more, the county legislative
1918     body shall divide the metro township into five council districts that comply with Section
1919     10-3-205.5.
1920          (iv) For a city, the county legislative body shall divide the city into four council
1921     districts that comply with Section 10-3-205.5.
1922          (3) (a) Within 20 days of the county legislative body's adoption of a resolution under
1923     Subsection (2), the county clerk shall [publish] provide a notice, in accordance with Subsection
1924     (3)(b), [notice] containing:
1925          (i) if applicable, a description of the boundaries, as designated in the resolution, of:
1926          (A) for a metro township with a population of 10,000 or more, the metro township
1927     council districts; or
1928          (B) the city council districts;
1929          (ii) information about the deadline for filing a declaration of candidacy for those
1930     seeking to become candidates for metro township council, city council, town council, or city
1931     mayor, respectively; and
1932          (iii) information about the length of the initial term of city mayor or each of the metro
1933     township, city, or town council offices, as described in the resolution.

1934          (b) The county clerk shall [publish] provide the notice required under Subsection
1935     (3)(a):
1936          (i) by posting notice on the Utah Public Notice Website, created in Section
1937     [63F-1-701] 63A-12-201, for two weeks; and
1938          (ii) by posting at least one notice per 1,000 population in conspicuous places within the
1939     future metro township, city, or town that are most likely to give notice to the residents of the
1940     future metro township, city, or town, subject to a maximum of 10 notices.
1941          (c) The notice under Subsection (3)(b)(ii) shall contain the information required under
1942     Subsection (3)(a).
1943          (d) The county clerk shall post the notices under Subsection (3)(b)(ii) at least seven
1944     days before the deadline for filing a declaration of candidacy under Subsection (4).
1945          (4) A person seeking to become a candidate for metro township, city, or town council
1946     or city mayor shall, in accordance with Section 20A-9-202, file a declaration of candidacy with
1947     the clerk of the county in which the metro township, city, or town is located for an election
1948     described in Section 10-2a-411.
1949          Section 29. Section 10-18-203 (Superseded 07/01/21) is amended to read:
1950          10-18-203 (Superseded 07/01/21). Feasibility study on providing cable television
1951     or public telecommunications services -- Public hearings.
1952          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
1953     the municipality shall require the feasibility consultant to:
1954          (a) complete the feasibility study in accordance with this section;
1955          (b) submit to the legislative body by no later than 180 days from the date the feasibility
1956     consultant is hired to conduct the feasibility study:
1957          (i) the full written results of the feasibility study; and
1958          (ii) a summary of the results that is no longer than one page in length; and
1959          (c) attend the public hearings described in Subsection (4) to:
1960          (i) present the feasibility study results; and
1961          (ii) respond to questions from the public.

1962          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1963          (a) (i) if the municipality is proposing to provide cable television services to
1964     subscribers, whether the municipality providing cable television services in the manner
1965     proposed by the municipality will hinder or advance competition for cable television services
1966     in the municipality; or
1967          (ii) if the municipality is proposing to provide public telecommunications services to
1968     subscribers, whether the municipality providing public telecommunications services in the
1969     manner proposed by the municipality will hinder or advance competition for public
1970     telecommunications services in the municipality;
1971          (b) whether but for the municipality any person would provide the proposed:
1972          (i) cable television services; or
1973          (ii) public telecommunications services;
1974          (c) the fiscal impact on the municipality of:
1975          (i) the capital investment in facilities that will be used to provide the proposed:
1976          (A) cable television services; or
1977          (B) public telecommunications services; and
1978          (ii) the expenditure of funds for labor, financing, and administering the proposed:
1979          (A) cable television services; or
1980          (B) public telecommunications services;
1981          (d) the projected growth in demand in the municipality for the proposed:
1982          (i) cable television services; or
1983          (ii) public telecommunications services;
1984          (e) the projections at the time of the feasibility study and for the next five years, of a
1985     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1986     facilities necessary to provide the proposed:
1987          (i) cable television services; or
1988          (ii) public telecommunications services; and
1989          (f) the projections at the time of the feasibility study and for the next five years of the

1990     revenues to be generated from the proposed:
1991          (i) cable television services; or
1992          (ii) public telecommunications services.
1993          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1994     the feasibility consultant shall assume that the municipality will price the proposed cable
1995     television services or public telecommunications services consistent with Subsection
1996     10-18-303(5).
1997          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1998     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
1999     receives the results of the feasibility study, shall schedule at least two public hearings to be
2000     held:
2001          (a) within 60 days of the meeting at which the public hearings are scheduled;
2002          (b) at least seven days apart; and
2003          (c) for the purpose of allowing:
2004          (i) the feasibility consultant to present the results of the feasibility study; and
2005          (ii) the public to:
2006          (A) become informed about the feasibility study results; and
2007          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2008          (5) (a) The municipality shall [publish] provide notice of the public hearings required
2009     under Subsection (4) by:
2010          (i) posting the notice on the Utah Public Notice Website, created in Section
2011     63A-12-201, for three weeks, at least three days before the first public hearing required under
2012     Subsection (4); and
2013          (ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
2014     place within the municipality that is likely to give notice of the hearings to the greatest number
2015     of residents of the municipality, subject to a maximum of 10 notices.
2016          (b) The municipality shall post the notices at least seven days before the first public
2017     hearing required under Subsection (4) is held.

2018          Section 30. Section 10-18-203 (Effective 07/01/21) is amended to read:
2019          10-18-203 (Effective 07/01/21). Feasibility study on providing cable television or
2020     public telecommunications services -- Public hearings.
2021          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
2022     the municipality shall require the feasibility consultant to:
2023          (a) complete the feasibility study in accordance with this section;
2024          (b) submit to the legislative body by no later than 180 days from the date the feasibility
2025     consultant is hired to conduct the feasibility study:
2026          (i) the full written results of the feasibility study; and
2027          (ii) a summary of the results that is no longer than one page in length; and
2028          (c) attend the public hearings described in Subsection (4) to:
2029          (i) present the feasibility study results; and
2030          (ii) respond to questions from the public.
2031          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
2032          (a) (i) if the municipality is proposing to provide cable television services to
2033     subscribers, whether the municipality providing cable television services in the manner
2034     proposed by the municipality will hinder or advance competition for cable television services
2035     in the municipality; or
2036          (ii) if the municipality is proposing to provide public telecommunications services to
2037     subscribers, whether the municipality providing public telecommunications services in the
2038     manner proposed by the municipality will hinder or advance competition for public
2039     telecommunications services in the municipality;
2040          (b) whether but for the municipality any person would provide the proposed:
2041          (i) cable television services; or
2042          (ii) public telecommunications services;
2043          (c) the fiscal impact on the municipality of:
2044          (i) the capital investment in facilities that will be used to provide the proposed:
2045          (A) cable television services; or

2046          (B) public telecommunications services; and
2047          (ii) the expenditure of funds for labor, financing, and administering the proposed:
2048          (A) cable television services; or
2049          (B) public telecommunications services;
2050          (d) the projected growth in demand in the municipality for the proposed:
2051          (i) cable television services; or
2052          (ii) public telecommunications services;
2053          (e) the projections at the time of the feasibility study and for the next five years, of a
2054     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
2055     facilities necessary to provide the proposed:
2056          (i) cable television services; or
2057          (ii) public telecommunications services; and
2058          (f) the projections at the time of the feasibility study and for the next five years of the
2059     revenues to be generated from the proposed:
2060          (i) cable television services; or
2061          (ii) public telecommunications services.
2062          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
2063     the feasibility consultant shall assume that the municipality will price the proposed cable
2064     television services or public telecommunications services consistent with Subsection
2065     10-18-303(5).
2066          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
2067     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
2068     receives the results of the feasibility study, shall schedule at least two public hearings to be
2069     held:
2070          (a) within 60 days of the meeting at which the public hearings are scheduled;
2071          (b) at least seven days apart; and
2072          (c) for the purpose of allowing:
2073          (i) the feasibility consultant to present the results of the feasibility study; and

2074          (ii) the public to:
2075          (A) become informed about the feasibility study results; and
2076          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2077          (5) (a) The municipality shall [publish] provide notice of the public hearings required
2078     under Subsection (4) by:
2079          (i) posting the notice on the Utah Public Notice Website, created in Section
2080     63A-16-601, for three weeks, at least three days before the first public hearing required under
2081     Subsection (4); and
2082          (ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
2083     place within the municipality that is likely to give notice of the hearings to the greatest number
2084     of residents of the municipality, subject to a maximum of 10 notices.
2085          (b) The municipality shall post the notices at least seven days before the first public
2086     hearing required under Subsection (4) is held.
2087          Section 31. Section 11-14-202 (Superseded 07/01/21) is amended to read:
2088          11-14-202 (Superseded 07/01/21). Notice of election -- Voter information
2089     pamphlet option -- Changing or designating additional precinct polling places.
2090          (1) The governing body shall [publish] provide notice of the election:
2091          (a) (i) at least 21 days before the day of the election, by posting one notice, and at least
2092     one additional notice per 2,000 population of the local political subdivision, in places within
2093     the local political subdivision that are most likely to give notice to the voters in the local
2094     political subdivision, subject to a maximum of 10 notices; or
2095          (ii) at least three weeks before the day of the election, by mailing notice to each
2096     registered voter in the local political subdivision;
2097          (b) by posting notice on the Utah Public Notice Website, created in Section
2098     63A-12-201, for three weeks before the day of the election; and
2099          (c) if the local political subdivision has a website, by posting notice on the local
2100     political subdivision's website for at least three weeks before the day of the election.
2101          (2) When the debt service on the bonds to be issued will increase the property tax

2102     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2103     per year, the governing body shall prepare and mail either a voter information pamphlet or a
2104     notification described in Subsection (8):
2105          (a) at least 15 days, but not more than 45 days, before the bond election;
2106          (b) to each household containing a registered voter who is eligible to vote on the
2107     bonds; and
2108          (c) that includes the information required by Subsections (4) and (5).
2109          (3) The election officer may change the location of, or establish an additional:
2110          (a) voting precinct polling place, in accordance with Subsection (6);
2111          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2112          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
2113          (4) The notice described in Subsection (1) and the voter information pamphlet
2114     described in Subsection (2):
2115          (a) shall include, in the following order:
2116          (i) the date of the election;
2117          (ii) the hours during which the polls will be open;
2118          (iii) the address of the Statewide Electronic Voter Information Website and, if
2119     available, the address of the election officer's website, with a statement indicating that the
2120     election officer will post on the website the location of each polling place for each voting
2121     precinct, each early voting polling place, and each election day voting center, including any
2122     changes to the location of a polling place and the location of an additional polling place;
2123          (iv) a phone number that a voter may call to obtain information regarding the location
2124     of a polling place; and
2125          (v) the title and text of the ballot proposition, including the property tax cost of the
2126     bond described in Subsection 11-14-206(2)(a); and
2127          (b) may include the location of each polling place.
2128          (5) The voter information pamphlet required by this section shall include:
2129          (a) the information required under Subsection (4); and

2130          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2131     which may be based on information the governing body determines to be useful, including:
2132          (i) expected debt service on the bonds to be issued;
2133          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2134     outstanding general obligation bonds of the issuer;
2135          (iii) funds other than property taxes available to pay debt service on general obligation
2136     bonds;
2137          (iv) timing of expenditures of bond proceeds;
2138          (v) property values; and
2139          (vi) any additional information that the governing body determines may be useful to
2140     explain the property tax impact of issuance of the bonds.
2141          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2142     deadlines described in Subsections (1) and (2):
2143          (i) if necessary, change the location of a voting precinct polling place; or
2144          (ii) if the election officer determines that the number of voting precinct polling places
2145     is insufficient due to the number of registered voters who are voting, designate additional
2146     voting precinct polling places.
2147          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2148     location of a voting precinct polling place or designates an additional voting precinct polling
2149     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2150     times, and location of a changed voting precinct polling place or an additional voting precinct
2151     polling place:
2152          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2153     Information Website;
2154          (ii) by posting the information on the website of the election officer, if available; and
2155          (iii) by posting notice:
2156          (A) of a change in the location of a voting precinct polling place, at the new location
2157     and, if possible, the old location; and

2158          (B) of an additional voting precinct polling place, at the additional voting precinct
2159     polling place.
2160          (7) The governing body shall pay the costs associated with the notice required by this
2161     section.
2162          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2163     preaddressed return form that a person may use to request delivery of a voter information
2164     pamphlet by mail.
2165          (b) The notice described in Subsection (8)(a) shall include:
2166          (i) the website upon which the voter information pamphlet is available; and
2167          (ii) the phone number a voter may call to request delivery of a voter information
2168     pamphlet by mail.
2169          (9) A local school board shall comply with the voter information pamphlet
2170     requirements described in Section 53G-4-603.
2171          Section 32. Section 11-14-202 (Effective 07/01/21) is amended to read:
2172          11-14-202 (Effective 07/01/21). Notice of election -- Voter information pamphlet
2173     option -- Changing or designating additional precinct polling places.
2174          (1) The governing body shall [publish] provide notice of the election:
2175          (a) (i) at least 21 days before the day of the election, by posting one notice, and at least
2176     one additional notice per 2,000 population of the local political subdivision, in places within
2177     the local political subdivision that are most likely to give notice to the voters in the local
2178     political subdivision, subject to a maximum of 10 notices; or
2179          (ii) at least three weeks before the day of the election, by mailing notice to each
2180     registered voter in the local political subdivision;
2181          (b) by posting notice on the Utah Public Notice Website, created in Section
2182     63A-16-601, for three weeks before the day of the election; and
2183          (c) if the local political subdivision has a website, by posting notice on the local
2184     political subdivision's website for at least three weeks before the day of the election.
2185          (2) When the debt service on the bonds to be issued will increase the property tax

2186     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2187     per year, the governing body shall prepare and mail either a voter information pamphlet or a
2188     notification described in Subsection (8):
2189          (a) at least 15 days, but not more than 45 days, before the bond election;
2190          (b) to each household containing a registered voter who is eligible to vote on the
2191     bonds; and
2192          (c) that includes the information required by Subsections (4) and (5).
2193          (3) The election officer may change the location of, or establish an additional:
2194          (a) voting precinct polling place, in accordance with Subsection (6);
2195          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2196          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
2197          (4) The notice described in Subsection (1) and the voter information pamphlet
2198     described in Subsection (2):
2199          (a) shall include, in the following order:
2200          (i) the date of the election;
2201          (ii) the hours during which the polls will be open;
2202          (iii) the address of the Statewide Electronic Voter Information Website and, if
2203     available, the address of the election officer's website, with a statement indicating that the
2204     election officer will post on the website the location of each polling place for each voting
2205     precinct, each early voting polling place, and each election day voting center, including any
2206     changes to the location of a polling place and the location of an additional polling place;
2207          (iv) a phone number that a voter may call to obtain information regarding the location
2208     of a polling place; and
2209          (v) the title and text of the ballot proposition, including the property tax cost of the
2210     bond described in Subsection 11-14-206(2)(a); and
2211          (b) may include the location of each polling place.
2212          (5) The voter information pamphlet required by this section shall include:
2213          (a) the information required under Subsection (4); and

2214          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2215     which may be based on information the governing body determines to be useful, including:
2216          (i) expected debt service on the bonds to be issued;
2217          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2218     outstanding general obligation bonds of the issuer;
2219          (iii) funds other than property taxes available to pay debt service on general obligation
2220     bonds;
2221          (iv) timing of expenditures of bond proceeds;
2222          (v) property values; and
2223          (vi) any additional information that the governing body determines may be useful to
2224     explain the property tax impact of issuance of the bonds.
2225          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2226     deadlines described in Subsections (1) and (2):
2227          (i) if necessary, change the location of a voting precinct polling place; or
2228          (ii) if the election officer determines that the number of voting precinct polling places
2229     is insufficient due to the number of registered voters who are voting, designate additional
2230     voting precinct polling places.
2231          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2232     location of a voting precinct polling place or designates an additional voting precinct polling
2233     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2234     times, and location of a changed voting precinct polling place or an additional voting precinct
2235     polling place:
2236          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2237     Information Website;
2238          (ii) by posting the information on the website of the election officer, if available; and
2239          (iii) by posting notice:
2240          (A) of a change in the location of a voting precinct polling place, at the new location
2241     and, if possible, the old location; and

2242          (B) of an additional voting precinct polling place, at the additional voting precinct
2243     polling place.
2244          (7) The governing body shall pay the costs associated with the notice required by this
2245     section.
2246          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2247     preaddressed return form that a person may use to request delivery of a voter information
2248     pamphlet by mail.
2249          (b) The notice described in Subsection (8)(a) shall include:
2250          (i) the website upon which the voter information pamphlet is available; and
2251          (ii) the phone number a voter may call to request delivery of a voter information
2252     pamphlet by mail.
2253          (9) A local school board shall comply with the voter information pamphlet
2254     requirements described in Section 53G-4-603.
2255          Section 33. Section 17B-1-643 (Superseded 07/01/21) is amended to read:
2256          17B-1-643 (Superseded 07/01/21). Imposing or increasing a fee for service
2257     provided by local district.
2258          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
2259     by a local district, each local district board of trustees shall first hold a public hearing at which:
2260          (i) the local district shall demonstrate its need to impose or increase the fee; and
2261          (ii) any interested person may speak for or against the proposal to impose a fee or to
2262     increase an existing fee.
2263          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
2264     no earlier than 6 p.m.
2265          (c) A public hearing required under this Subsection (1) may be combined with a public
2266     hearing on a tentative budget required under Section 17B-1-610.
2267          (d) Except to the extent that this section imposes more stringent notice requirements,
2268     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
2269     in holding the public hearing under Subsection (1)(a).

2270          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
2271     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
2272          (b) The local district board shall:
2273          (i) post the notice required under Subsection (2)(a) on the Utah Public Notice Website
2274     [established], created in Section 63A-12-201; and
2275          (ii) post at least one of the notices required under Subsection (2)(a) per 1,000
2276     population within the local district, at places within the local district that are most likely to
2277     provide actual notice to residents within the local district, subject to a maximum of 10 notices.
2278          (c) The notice described in Subsection (2)(b) shall state that the local district board
2279     intends to impose or increase a fee for a service provided by the local district and will hold a
2280     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
2281     seven days after the day the first notice is published, for the purpose of hearing comments
2282     regarding the proposed imposition or increase of a fee and to explain the reasons for the
2283     proposed imposition or increase.
2284          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
2285     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
2286     within the district who:
2287          (A) will be charged the fee for a district service, if the fee is being imposed for the first
2288     time; or
2289          (B) are being charged a fee, if the fee is proposed to be increased.
2290          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
2291          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
2292     fee.
2293          (e) If the hearing required under this section is combined with the public hearing
2294     required under Section 17B-1-610, the notice required under this Subsection (2):
2295          (i) may be combined with the notice required under Section 17B-1-609; and
2296          (ii) shall be posted or mailed in accordance with the notice provisions of this section.
2297          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie

2298     evidence that notice was properly given.
2299          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
2300     within 30 days after the date of the hearing, the notice is considered adequate and proper.
2301          (3) After holding a public hearing under Subsection (1), a local district board may:
2302          (a) impose the new fee or increase the existing fee as proposed;
2303          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2304     then impose the new fee or increase the existing fee as adjusted; or
2305          (c) decline to impose the new fee or increase the existing fee.
2306          (4) This section applies to each new fee imposed and each increase of an existing fee
2307     that occurs on or after July 1, 1998.
2308          (5) (a) This section does not apply to an impact fee.
2309          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
2310     Impact Fees Act.
2311          Section 34. Section 17B-1-643 (Effective 07/01/21) is amended to read:
2312          17B-1-643 (Effective 07/01/21). Imposing or increasing a fee for service provided
2313     by local district.
2314          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
2315     by a local district, each local district board of trustees shall first hold a public hearing at which:
2316          (i) the local district shall demonstrate its need to impose or increase the fee; and
2317          (ii) any interested person may speak for or against the proposal to impose a fee or to
2318     increase an existing fee.
2319          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
2320     no earlier than 6 p.m.
2321          (c) A public hearing required under this Subsection (1) may be combined with a public
2322     hearing on a tentative budget required under Section 17B-1-610.
2323          (d) Except to the extent that this section imposes more stringent notice requirements,
2324     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
2325     in holding the public hearing under Subsection (1)(a).

2326          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
2327     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
2328          (b) The local district board shall:
2329          (i) post the notice required under Subsection (2)(a) on the Utah Public Notice Website
2330     [established], created in Section 63A-16-601; and
2331          (ii) post at least one of the notices required under Subsection (2)(a) per 1,000
2332     population within the local district, at places within the local district that are most likely to
2333     provide actual notice to residents within the local district, subject to a maximum of 10 notices.
2334          (c) The notice described in Subsection (2)(b) shall state that the local district board
2335     intends to impose or increase a fee for a service provided by the local district and will hold a
2336     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
2337     seven days after the day the first notice is published, for the purpose of hearing comments
2338     regarding the proposed imposition or increase of a fee and to explain the reasons for the
2339     proposed imposition or increase.
2340          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
2341     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
2342     within the district who:
2343          (A) will be charged the fee for a district service, if the fee is being imposed for the first
2344     time; or
2345          (B) are being charged a fee, if the fee is proposed to be increased.
2346          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
2347          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
2348     fee.
2349          (e) If the hearing required under this section is combined with the public hearing
2350     required under Section 17B-1-610, the notice required under this Subsection (2):
2351          (i) may be combined with the notice required under Section 17B-1-609; and
2352          (ii) shall be posted or mailed in accordance with the notice provisions of this section.
2353          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie

2354     evidence that notice was properly given.
2355          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
2356     within 30 days after the date of the hearing, the notice is considered adequate and proper.
2357          (3) After holding a public hearing under Subsection (1), a local district board may:
2358          (a) impose the new fee or increase the existing fee as proposed;
2359          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2360     then impose the new fee or increase the existing fee as adjusted; or
2361          (c) decline to impose the new fee or increase the existing fee.
2362          (4) This section applies to each new fee imposed and each increase of an existing fee
2363     that occurs on or after July 1, 1998.
2364          (5) (a) This section does not apply to an impact fee.
2365          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
2366     Impact Fees Act.
2367          Section 35. Section 17B-2a-705 (Superseded 07/01/21) is amended to read:
2368          17B-2a-705 (Superseded 07/01/21). Taxation -- Additional levy -- Election.
2369          (1) If a mosquito abatement district board of trustees determines that the funds required
2370     during the next ensuing fiscal year will exceed the maximum amount that the district is
2371     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
2372     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
2373     the district should be authorized to impose an additional tax to raise the necessary additional
2374     funds.
2375          (2) The board shall [publish] provide notice of the election:
2376          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
2377     the district, in places within the district that are most likely to give notice to the voters in the
2378     district, subject to a maximum of 10 notices; or
2379          (ii) at least four weeks before the day of the election, by mailing notice to each
2380     registered voter in the district;
2381          (b) by posting notice on the Utah Public Notice Website, created in Section

2382     63A-12-201, for four weeks before the day of the election; and
2383          (c) if the district has a website, by posting notice on the district's website for four
2384     weeks before the day of the election.
2385          (3) No particular form of ballot is required, and no informalities in conducting the
2386     election may invalidate the election, if it is otherwise fairly conducted.
2387          (4) At the election each ballot shall contain the words, "Shall the district be authorized
2388     to impose an additional tax to raise the additional sum of $____?"
2389          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
2390     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
2391     additional levy to raise the additional amount of money required.
2392          Section 36. Section 17B-2a-705 (Effective 07/01/21) is amended to read:
2393          17B-2a-705 (Effective 07/01/21). Taxation -- Additional levy -- Election.
2394          (1) If a mosquito abatement district board of trustees determines that the funds required
2395     during the next ensuing fiscal year will exceed the maximum amount that the district is
2396     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
2397     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
2398     the district should be authorized to impose an additional tax to raise the necessary additional
2399     funds.
2400          (2) The board shall [publish] provide notice of the election:
2401          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
2402     the district, in places within the district that are most likely to give notice to the voters in the
2403     district, subject to a maximum of 10 notices; or
2404          (ii) at least four weeks before the day of the election, by mailing notice to each
2405     registered voter in the district;
2406          (b) by posting notice on the Utah Public Notice Website, created in Section
2407     63A-16-601, for four weeks before the day of the election; and
2408          (c) if the district has a website, by posting notice on the district's website for four
2409     weeks before the day of the election.

2410          (3) No particular form of ballot is required, and no informalities in conducting the
2411     election may invalidate the election, if it is otherwise fairly conducted.
2412          (4) At the election each ballot shall contain the words, "Shall the district be authorized
2413     to impose an additional tax to raise the additional sum of $____?"
2414          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
2415     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
2416     additional levy to raise the additional amount of money required.
2417          Section 37. Section 20A-1-206 is amended to read:
2418          20A-1-206. Cancellation of local election -- Municipalities -- Local districts --
2419     Notice.
2420          (1) A municipal legislative body may cancel a local election if:
2421          (a) (i) (A) all municipal officers are elected in an at-large election under Subsection
2422     10-3-205.5(1); and
2423          (B) the number of municipal officer candidates, including any eligible write-in
2424     candidates under Section 20A-9-601, for the at-large municipal offices does not exceed the
2425     number of open at-large municipal offices for which the candidates have filed; or
2426          (ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5(2);
2427          (B) the number of municipal officer candidates, including any eligible write-in
2428     candidates under Section 20A-9-601, for the at-large municipal offices, if any, does not exceed
2429     the number of open at-large municipal offices for which the candidates have filed; and
2430          (C) each municipal officer candidate, including any eligible write-in candidates under
2431     Section 20A-9-601, in each district is unopposed;
2432          (b) there are no other municipal ballot propositions; and
2433          (c) the municipal legislative body passes, no later than 20 days before the day of the
2434     scheduled election, a resolution that cancels the election and certifies that:
2435          (i) each municipal officer candidate is:
2436          (A) unopposed; or
2437          (B) a candidate for an at-large municipal office for which the number of candidates

2438     does not exceed the number of open at-large municipal offices; and
2439          (ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
2440          (2) A municipal legislative body that cancels a local election in accordance with
2441     Subsection (1) shall give notice that the election is cancelled by:
2442          (a) subject to Subsection (5), posting notice on the Statewide Electronic Voter
2443     Information Website as described in Section 20A-7-801, for 15 consecutive days before the day
2444     of the scheduled election;
2445          (b) if the municipality has a public website, posting notice on the municipality's public
2446     website for 15 days before the day of the scheduled election;
2447          (c) if the [municipality publishes a] elected officials or departments of the municipality
2448     regularly publish a printed or electronic newsletter or other periodical, publishing notice in the
2449     next scheduled newsletter or other periodical published before the day of the scheduled
2450     election;
2451          (d) (i) publishing notice at least twice in a newspaper of general circulation in the
2452     municipality before the day of the scheduled election;
2453          [(d) (i)] (ii) at least 10 days before the day of the scheduled election, posting one
2454     notice, and at least one additional notice per 2,000 population within the municipality, in places
2455     within the municipality that are most likely to give notice to the voters in the municipality,
2456     subject to a maximum of 10 notices; or
2457          [(ii)] (iii) at least 10 days before the day of the scheduled election, mailing notice to
2458     each registered voter in the municipality; and
2459          (e) posting notice on the Utah Public Notice Website, created in Section [63F-1-701]
2460     63A-12-201, for at least 10 days before the day of the scheduled election.
2461          (3) A local district board may cancel an election as described in Section 17B-1-306 if:
2462          (a) (i) (A) any local district officers are elected in an at-large election; and
2463          (B) the number of local district officer candidates for the at-large local district offices,
2464     including any eligible write-in candidates under Section 20A-9-601, does not exceed the
2465     number of open at-large local district offices for which the candidates have filed; or

2466          (ii) (A) the local district has divided the local district into divisions under Section
2467     17B-1-306.5;
2468          (B) the number of local district officer candidates, including any eligible write-in
2469     candidates under Section 20A-9-601, for the at-large local district offices within the local
2470     district, if any, does not exceed the number of open at-large local district offices for which the
2471     candidates have filed; and
2472          (C) each local district officer candidate, including any eligible write-in candidates
2473     under Section 20A-9-601, in each division of the local district is unopposed;
2474          (b) there are no other local district ballot propositions; and
2475          (c) the local district governing body, no later than 20 days before the day of the
2476     scheduled election, adopts a resolution that cancels the election and certifies that:
2477          (i) each local district officer candidate is:
2478          (A) unopposed; or
2479          (B) a candidate for an at-large local district office for which the number of candidates
2480     does not exceed the number of open at-large local district offices; and
2481          (ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
2482          (4) A local district that cancels a local election in accordance with Subsection (3) shall
2483     [publish] provide notice that the election is cancelled:
2484          (a) subject to Subsection (5), by posting notice on the Statewide Electronic Voter
2485     Information Website as described in Section 20A-7-801, for 15 consecutive days before the day
2486     of the scheduled election;
2487          (b) if the local district has a public website, by posting notice on the local district's
2488     public website for 15 days before the day of the scheduled election;
2489          (c) if the local district publishes a newsletter or other periodical, by publishing notice
2490     in the next scheduled newsletter or other periodical published before the day of the scheduled
2491     election;
2492          (d) (i) by publishing notice at least twice in a newspaper of general circulation in the
2493     local district before the scheduled election;

2494          [(d)] (ii) at least 10 days before the day of the scheduled election[: (i)], by posting one
2495     notice, and at least one additional notice per 2,000 population of the local district, in places
2496     within the local district that are most likely to give notice to the voters in the local district,
2497     subject to a maximum of 10 notices; or
2498          [(ii)] (iii) at least 10 days before the day of the scheduled election, by mailing notice to
2499     each registered voter in the local district; and
2500          (e) by posting notice on the Utah Public Notice Website, created in Section
2501     [63F-1-701] 63A-12-201, for at least 10 days before the day of the scheduled election.
2502          (5) A municipal legislative body that posts a notice in accordance with Subsection
2503     (2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for
2504     a notice that fails to post due to technical or other error by the publisher of the Statewide
2505     Electronic Voter Information Website.
2506          Section 38. Section 20A-3a-604 (Superseded 07/01/21) is amended to read:
2507          20A-3a-604 (Superseded 07/01/21). Notice of time and place of early voting.
2508          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
2509     election officer shall, at least 19 days before the date of the election, [publish] provide notice of
2510     the dates, times, and locations of early voting:
2511          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
2512     the county;
2513          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2514     population of the county, in places within the county that are most likely to give notice to the
2515     residents in the county, subject to a maximum of 10 notices; or
2516          [(ii)] (iii) by mailing notice to each registered voter in the county;
2517          (b) by posting [the] notice at each early voting polling place;
2518          (c) by posting notice on the Utah Public Notice Website, created in Section
2519     63A-12-201, for 19 days before the day of the election; and
2520          (d) by posting notice on the county's website for 19 days before the day of the election.
2521          (2) Instead of [publishing] specifying all dates, times, and locations of early voting

2522     [under Subsection (1), the election officer may publish a statement that specifies], a notice
2523     required under Subsection (1) may specify the following sources where a voter may view or
2524     obtain a copy of all dates, times, and locations of early voting:
2525          (a) the county's website;
2526          (b) the physical address of the county's offices; and
2527          (c) a mailing address and telephone number.
2528          (3) The election officer shall include in the notice described in Subsection (1):
2529          (a) the address of the Statewide Electronic Voter Information Website and, if available,
2530     the address of the election officer's website, with a statement indicating that the election officer
2531     will post on the website the location of each early voting polling place, including any changes
2532     to the location of an early voting polling place and the location of additional early voting
2533     polling places; and
2534          (b) a phone number that a voter may call to obtain information regarding the location
2535     of an early voting polling place.
2536          Section 39. Section 20A-3a-604 (Effective 07/01/21) is amended to read:
2537          20A-3a-604 (Effective 07/01/21). Notice of time and place of early voting.
2538          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
2539     election officer shall, at least 19 days before the date of the election, [publish] provide notice of
2540     the dates, times, and locations of early voting:
2541          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
2542     the county;
2543          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2544     population of the county, in places within the county that are most likely to give notice to the
2545     residents in the county, subject to a maximum of 10 notices; or
2546          [(ii)] (iii) by mailing notice to each registered voter in the county;
2547          (b) by posting [the] notice at each early voting polling place;
2548          (c) by posting notice on the Utah Public Notice Website, created in Section
2549     63A-16-601, for 19 days before the day of the election; and

2550          (d) by posting notice on the county's website for 19 days before the day of the election.
2551          (2) Instead of [publishing] specifying all dates, times, and locations of early voting
2552     [under Subsection (1), the election officer may publish a statement that specifies], a notice
2553     required under Subsection (1) may specify the following sources where a voter may view or
2554     obtain a copy of all dates, times, and locations of early voting:
2555          (a) the county's website;
2556          (b) the physical address of the county's offices; and
2557          (c) a mailing address and telephone number.
2558          (3) The election officer shall include in the notice described in Subsection (1):
2559          (a) the address of the Statewide Electronic Voter Information Website and, if available,
2560     the address of the election officer's website, with a statement indicating that the election officer
2561     will post on the website the location of each early voting polling place, including any changes
2562     to the location of an early voting polling place and the location of additional early voting
2563     polling places; and
2564          (b) a phone number that a voter may call to obtain information regarding the location
2565     of an early voting polling place.
2566          Section 40. Section 20A-4-104 (Superseded 07/01/21) is amended to read:
2567          20A-4-104 (Superseded 07/01/21). Counting ballots electronically.
2568          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
2569     election officer shall test the automatic tabulating equipment to ensure that it will accurately
2570     count the votes cast for all offices and all measures.
2571          (b) The election officer shall [publish] provide public notice of the time and place of
2572     the test:
2573          (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
2574     circulation in the county, municipality, or jurisdiction where the equipment is used;
2575          [(i)] (B) at least 10 days before the day of the test[: (A)] by posting one notice, and at
2576     least one additional notice per 2,000 population of the county, municipality, or jurisdiction, in
2577     places within the county, municipality, or jurisdiction that are most likely to give notice to the

2578     voters in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
2579          [(B)] (C) at least 10 days before the day of the test, by mailing notice to each registered
2580     voter in the county, municipality, or jurisdiction where the equipment is used;
2581          (ii) by posting notice on the Utah Public Notice Website, created in Section
2582     63A-12-201, for four weeks before the day of the test; and
2583          (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
2584     website for four weeks before the day of the test.
2585          (c) The election officer shall conduct the test by processing a preaudited group of
2586     ballots.
2587          (d) The election officer shall ensure that:
2588          (i) a predetermined number of valid votes for each candidate and measure are recorded
2589     on the ballots;
2590          (ii) for each office, one or more ballots have votes in excess of the number allowed by
2591     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
2592          (iii) a different number of valid votes are assigned to each candidate for an office, and
2593     for and against each measure.
2594          (e) If any error is detected, the election officer shall determine the cause of the error
2595     and correct it.
2596          (f) The election officer shall ensure that:
2597          (i) the automatic tabulating equipment produces an errorless count before beginning
2598     the actual counting; and
2599          (ii) the automatic tabulating equipment passes the same test at the end of the count
2600     before the election returns are approved as official.
2601          (2) (a) The election officer or the election officer's designee shall supervise and direct
2602     all proceedings at the counting center.
2603          (b) (i) Proceedings at the counting center are public and may be observed by interested
2604     persons.
2605          (ii) Only those persons authorized to participate in the count may touch any ballot or

2606     return.
2607          (c) The election officer shall deputize and administer an oath or affirmation to all
2608     persons who are engaged in processing and counting the ballots that they will faithfully
2609     perform their assigned duties.
2610          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
2611     automatic tabulating equipment, the election officer shall ensure that two counting judges
2612     jointly :
2613          (a) make a true replication of the ballot with an identifying serial number;
2614          (b) substitute the replicated ballot for the damaged or defective ballot;
2615          (c) label the replicated ballot "replicated"; and
2616          (d) record the replicated ballot's serial number on the damaged or defective ballot.
2617          (4) The election officer may:
2618          (a) conduct an unofficial count before conducting the official count in order to provide
2619     early unofficial returns to the public;
2620          (b) release unofficial returns from time to time after the polls close; and
2621          (c) report the progress of the count for each candidate during the actual counting of
2622     ballots.
2623          (5) Beginning on the day after the date of the election, if an election officer releases
2624     early unofficial returns or reports the progress of the count for each candidate under Subsection
2625     (4), the election officer shall, with each release or report, disclose an estimate of the total
2626     number of voted ballots in the election officer's custody that have not yet been counted.
2627          (6) The election officer shall review and evaluate the provisional ballot envelopes and
2628     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
2629          (7) (a) The election officer or the election officer's designee shall:
2630          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
2631          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
2632          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
2633     more votes for an office than that voter is entitled to vote for that office, the poll workers shall

2634     count the valid write-in vote as being the obvious intent of the voter.
2635          (8) (a) The election officer shall certify the return printed by the automatic tabulating
2636     equipment, to which have been added write-in and absentee votes, as the official return of each
2637     voting precinct.
2638          (b) Upon completion of the count, the election officer shall make official returns open
2639     to the public.
2640          (9) If for any reason it becomes impracticable to count all or a part of the ballots with
2641     tabulating equipment, the election officer may direct that they be counted manually according
2642     to the procedures and requirements of this part.
2643          (10) After the count is completed, the election officer shall seal and retain the
2644     programs, test materials, and ballots as provided in Section 20A-4-202.
2645          Section 41. Section 20A-4-104 (Effective 07/01/21) is amended to read:
2646          20A-4-104 (Effective 07/01/21). Counting ballots electronically.
2647          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
2648     election officer shall test the automatic tabulating equipment to ensure that it will accurately
2649     count the votes cast for all offices and all measures.
2650          (b) The election officer shall [publish] provide public notice of the time and place of
2651     the test:
2652          (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
2653     circulation in the county, municipality, or jurisdiction where the equipment is used;
2654          [(i)] (B) at least 10 days before the day of the test[: (A)], by posting one notice, and at
2655     least one additional notice per 2,000 population of the county, municipality, or jurisdiction, in
2656     places within the county, municipality, or jurisdiction that are most likely to give notice to the
2657     voters in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
2658          [(B)] (C) at least 10 days before the day of the test, by mailing notice to each registered
2659     voter in the county, municipality, or jurisdiction where the equipment is used;
2660          (ii) by posting notice on the Utah Public Notice Website, created in Section
2661     63A-16-601, for four weeks before the day of the test; and

2662          (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
2663     website for four weeks before the day of the test.
2664          (c) The election officer shall conduct the test by processing a preaudited group of
2665     ballots.
2666          (d) The election officer shall ensure that:
2667          (i) a predetermined number of valid votes for each candidate and measure are recorded
2668     on the ballots;
2669          (ii) for each office, one or more ballots have votes in excess of the number allowed by
2670     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
2671          (iii) a different number of valid votes are assigned to each candidate for an office, and
2672     for and against each measure.
2673          (e) If any error is detected, the election officer shall determine the cause of the error
2674     and correct it.
2675          (f) The election officer shall ensure that:
2676          (i) the automatic tabulating equipment produces an errorless count before beginning
2677     the actual counting; and
2678          (ii) the automatic tabulating equipment passes the same test at the end of the count
2679     before the election returns are approved as official.
2680          (2) (a) The election officer or the election officer's designee shall supervise and direct
2681     all proceedings at the counting center.
2682          (b) (i) Proceedings at the counting center are public and may be observed by interested
2683     persons.
2684          (ii) Only those persons authorized to participate in the count may touch any ballot or
2685     return.
2686          (c) The election officer shall deputize and administer an oath or affirmation to all
2687     persons who are engaged in processing and counting the ballots that they will faithfully
2688     perform their assigned duties.
2689          (3) If any ballot is damaged or defective so that it cannot properly be counted by the

2690     automatic tabulating equipment, the election officer shall ensure that two counting judges
2691     jointly :
2692          (a) make a true replication of the ballot with an identifying serial number;
2693          (b) substitute the replicated ballot for the damaged or defective ballot;
2694          (c) label the replicated ballot "replicated"; and
2695          (d) record the replicated ballot's serial number on the damaged or defective ballot.
2696          (4) The election officer may:
2697          (a) conduct an unofficial count before conducting the official count in order to provide
2698     early unofficial returns to the public;
2699          (b) release unofficial returns from time to time after the polls close; and
2700          (c) report the progress of the count for each candidate during the actual counting of
2701     ballots.
2702          (5) Beginning on the day after the date of the election, if an election officer releases
2703     early unofficial returns or reports the progress of the count for each candidate under Subsection
2704     (4), the election officer shall, with each release or report, disclose an estimate of the total
2705     number of voted ballots in the election officer's custody that have not yet been counted.
2706          (6) The election officer shall review and evaluate the provisional ballot envelopes and
2707     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
2708          (7) (a) The election officer or the election officer's designee shall:
2709          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
2710          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
2711          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
2712     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
2713     count the valid write-in vote as being the obvious intent of the voter.
2714          (8) (a) The election officer shall certify the return printed by the automatic tabulating
2715     equipment, to which have been added write-in and absentee votes, as the official return of each
2716     voting precinct.
2717          (b) Upon completion of the count, the election officer shall make official returns open

2718     to the public.
2719          (9) If for any reason it becomes impracticable to count all or a part of the ballots with
2720     tabulating equipment, the election officer may direct that they be counted manually according
2721     to the procedures and requirements of this part.
2722          (10) After the count is completed, the election officer shall seal and retain the
2723     programs, test materials, and ballots as provided in Section 20A-4-202.
2724          Section 42. Section 20A-4-304 (Superseded 07/01/21) is amended to read:
2725          20A-4-304 (Superseded 07/01/21). Declaration of results -- Canvassers' report.
2726          (1) Each board of canvassers shall:
2727          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
2728     declare "elected" or "nominated" those persons who:
2729          (i) had the highest number of votes; and
2730          (ii) sought election or nomination to an office completely within the board's
2731     jurisdiction;
2732          (b) declare:
2733          (i) "approved" those ballot propositions that:
2734          (A) had more "yes" votes than "no" votes; and
2735          (B) were submitted only to the voters within the board's jurisdiction;
2736          (ii) "rejected" those ballot propositions that:
2737          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
2738     votes; and
2739          (B) were submitted only to the voters within the board's jurisdiction;
2740          (c) certify the vote totals for persons and for and against ballot propositions that were
2741     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
2742     the lieutenant governor; and
2743          (d) if applicable, certify the results of each local district election to the local district
2744     clerk.
2745          (2) As soon as the result is declared, the election officer shall prepare a report of the

2746     result, which shall contain:
2747          (a) the total number of votes cast in the board's jurisdiction;
2748          (b) the names of each candidate whose name appeared on the ballot;
2749          (c) the title of each ballot proposition that appeared on the ballot;
2750          (d) each office that appeared on the ballot;
2751          (e) from each voting precinct:
2752          (i) the number of votes for each candidate;
2753          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
2754     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
2755     potential ballot-counting phase and the name of the candidate excluded in each canvassing
2756     phase; and
2757          (iii) the number of votes for and against each ballot proposition;
2758          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
2759     and against each ballot proposition;
2760          (g) the number of ballots that were rejected; and
2761          (h) a statement certifying that the information contained in the report is accurate.
2762          (3) The election officer and the board of canvassers shall:
2763          (a) review the report to ensure that it is correct; and
2764          (b) sign the report.
2765          (4) The election officer shall:
2766          (a) record or file the certified report in a book kept for that purpose;
2767          (b) prepare and transmit a certificate of nomination or election under the officer's seal
2768     to each nominated or elected candidate;
2769          (c) publish a copy of the certified report in accordance with Subsection (5); and
2770          (d) file a copy of the certified report with the lieutenant governor.
2771          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
2772     days after the day on which the board of canvassers declares the election results, [publish]
2773     publicize the certified report described in Subsection (2):

2774          (a) (i) by publishing notice at least once in a newspaper of general circulation within
2775     the jurisdiction;
2776          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2777     population of the jurisdiction, in places within the jurisdiction that are most likely to give
2778     notice to the residents of the jurisdiction, subject to a maximum of 10 notices; or
2779          [(ii)] (iii) by mailing notice to each residence within the jurisdiction;
2780          (b) by posting notice on the Utah Public Notice Website, created in Section
2781     63A-12-201, for one week; and
2782          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
2783     one week.
2784          (6) Instead of [publishing] including a copy of the entire certified report [under
2785     Subsection (5), the election officer may publish], a notice required under Subsection (5) may
2786     contain a statement that:
2787          (a) includes the following: "The Board of Canvassers for [indicate name of
2788     jurisdiction] has prepared a report of the election results for the [indicate type and date of
2789     election]."; and
2790          (b) specifies the following sources where an individual may view or obtain a copy of
2791     the entire certified report:
2792          (i) if the jurisdiction has a website, the jurisdiction's website;
2793          (ii) the physical address for the jurisdiction; and
2794          (iii) a mailing address and telephone number.
2795          (7) When there has been a regular general or a statewide special election for statewide
2796     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
2797     or more county ballot proposition, each board of canvassers shall:
2798          (a) prepare a separate report detailing the number of votes for each candidate and the
2799     number of votes for and against each ballot proposition; and
2800          (b) transmit the separate report by registered mail to the lieutenant governor.
2801          (8) In each county election, municipal election, school election, local district election,

2802     and local special election, the election officer shall transmit the reports to the lieutenant
2803     governor within 14 days after the date of the election.
2804          (9) In a regular primary election and in a presidential primary election, the board shall
2805     transmit to the lieutenant governor:
2806          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
2807     governor not later than the second Tuesday after the election; and
2808          (b) a complete tabulation showing voting totals for all primary races, precinct by
2809     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
2810     primary election.
2811          Section 43. Section 20A-4-304 (Effective 07/01/21) is amended to read:
2812          20A-4-304 (Effective 07/01/21). Declaration of results -- Canvassers' report.
2813          (1) Each board of canvassers shall:
2814          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
2815     declare "elected" or "nominated" those persons who:
2816          (i) had the highest number of votes; and
2817          (ii) sought election or nomination to an office completely within the board's
2818     jurisdiction;
2819          (b) declare:
2820          (i) "approved" those ballot propositions that:
2821          (A) had more "yes" votes than "no" votes; and
2822          (B) were submitted only to the voters within the board's jurisdiction;
2823          (ii) "rejected" those ballot propositions that:
2824          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
2825     votes; and
2826          (B) were submitted only to the voters within the board's jurisdiction;
2827          (c) certify the vote totals for persons and for and against ballot propositions that were
2828     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
2829     the lieutenant governor; and

2830          (d) if applicable, certify the results of each local district election to the local district
2831     clerk.
2832          (2) As soon as the result is declared, the election officer shall prepare a report of the
2833     result, which shall contain:
2834          (a) the total number of votes cast in the board's jurisdiction;
2835          (b) the names of each candidate whose name appeared on the ballot;
2836          (c) the title of each ballot proposition that appeared on the ballot;
2837          (d) each office that appeared on the ballot;
2838          (e) from each voting precinct:
2839          (i) the number of votes for each candidate;
2840          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
2841     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
2842     potential ballot-counting phase and the name of the candidate excluded in each canvassing
2843     phase; and
2844          (iii) the number of votes for and against each ballot proposition;
2845          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
2846     and against each ballot proposition;
2847          (g) the number of ballots that were rejected; and
2848          (h) a statement certifying that the information contained in the report is accurate.
2849          (3) The election officer and the board of canvassers shall:
2850          (a) review the report to ensure that it is correct; and
2851          (b) sign the report.
2852          (4) The election officer shall:
2853          (a) record or file the certified report in a book kept for that purpose;
2854          (b) prepare and transmit a certificate of nomination or election under the officer's seal
2855     to each nominated or elected candidate;
2856          (c) publish a copy of the certified report in accordance with Subsection (5); and
2857          (d) file a copy of the certified report with the lieutenant governor.

2858          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
2859     days after the day on which the board of canvassers declares the election results, [publish]
2860     publicize the certified report described in Subsection (2):
2861          (a) (i) by publishing notice at least once in a newspaper of general circulation within
2862     the jurisdiction;
2863          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2864     population of the jurisdiction, in places within the jurisdiction that are most likely to give
2865     notice to the residents of the jurisdiction, subject to a maximum of 10 notices; or
2866          [(ii)] (iii) by mailing notice to each residence within the jurisdiction;
2867          (b) by posting notice on the Utah Public Notice Website, created in Section
2868     63A-16-601, for one week; and
2869          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
2870     one week.
2871          (6) Instead of [publishing] including a copy of the entire certified report [under
2872     Subsection (5), the election officer may publish], a notice required under Subsection (5) may
2873     contain a statement that:
2874          (a) includes the following: "The Board of Canvassers for [indicate name of
2875     jurisdiction] has prepared a report of the election results for the [indicate type and date of
2876     election]."; and
2877          (b) specifies the following sources where an individual may view or obtain a copy of
2878     the entire certified report:
2879          (i) if the jurisdiction has a website, the jurisdiction's website;
2880          (ii) the physical address for the jurisdiction; and
2881          (iii) a mailing address and telephone number.
2882          (7) When there has been a regular general or a statewide special election for statewide
2883     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
2884     or more county ballot proposition, each board of canvassers shall:
2885          (a) prepare a separate report detailing the number of votes for each candidate and the

2886     number of votes for and against each ballot proposition; and
2887          (b) transmit the separate report by registered mail to the lieutenant governor.
2888          (8) In each county election, municipal election, school election, local district election,
2889     and local special election, the election officer shall transmit the reports to the lieutenant
2890     governor within 14 days after the date of the election.
2891          (9) In a regular primary election and in a presidential primary election, the board shall
2892     transmit to the lieutenant governor:
2893          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
2894     governor not later than the second Tuesday after the election; and
2895          (b) a complete tabulation showing voting totals for all primary races, precinct by
2896     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
2897     primary election.
2898          Section 44. Section 20A-5-101 (Superseded 07/01/21) is amended to read:
2899          20A-5-101 (Superseded 07/01/21). Notice of election.
2900          (1) On or before November 15 in the year before each regular general election year, the
2901     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
2902          (a) designates the offices to be filled at the next year's regular general election;
2903          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
2904     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
2905     and 20A-9-408 for those offices; and
2906          (c) contains a description of any ballot propositions to be decided by the voters that
2907     have qualified for the ballot as of that date.
2908          (2) (a) No later than seven business days after the day on which the lieutenant governor
2909     transmits the written notice described in Subsection (1), each county clerk shall [publish]
2910     provide notice, in accordance with Subsection (3):
2911          [(a) (i)] (i) by posting notice in a conspicuous place most likely to give notice of the
2912     election to the voters in each voting precinct within the county; [and]
2913          [(ii) prepare an affidavit of the posting, showing a copy of the notice and the places

2914     where the notice was posted;]
2915          (ii) (A) by publishing notice in a newspaper of general circulation in the county;
2916          [(b) (i)] (B) by posting one notice, and at least one additional notice per 2,000
2917     population of the county, in places within the county that are most likely to give notice of the
2918     election to the voters in the county, subject to a maximum of 10 notices; or
2919          [(ii)] (C) by mailing notice to each registered voter in the county;
2920          [(c)] (iii) by posting notice on the Utah Public Notice Website, created in Section
2921     63A-12-201, for seven days before the day of the election; and
2922          [(d)] (iv) by posting notice on the county's website for seven days before the day of the
2923     election.
2924          (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
2925     showing a copy of the notice and the places where the notice was posted.
2926          (3) The notice described in Subsection (2) shall:
2927          (a) designate the offices to be voted on in that election; and
2928          (b) identify the dates for filing a declaration of candidacy for those offices.
2929          (4) Except as provided in Subsection (6), before each election, the election officer shall
2930     give printed notice of the following information:
2931          (a) the date of election;
2932          (b) the hours during which the polls will be open;
2933          (c) the polling places for each voting precinct, early voting polling place, and election
2934     day voting center;
2935          (d) the address of the Statewide Electronic Voter Information Website and, if available,
2936     the address of the election officer's website, with a statement indicating that the election officer
2937     will post on the website any changes to the location of a polling place and the location of any
2938     additional polling place;
2939          (e) a phone number that a voter may call to obtain information regarding the location of
2940     a polling place; and
2941          (f) the qualifications for persons to vote in the election.

2942          (5) [To provide the printed notice described in Subsection (4), the] The election officer
2943     shall [publish] provide the notice described in Subsection (4):
2944          (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
2945     to which the election pertains, at least two days before the day of the election;
2946          [(a) (i)] (ii) at least two days before the day of the election, by posting one notice, and
2947     at least one additional notice per 2,000 population of the jurisdiction, in places within the
2948     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
2949     subject to a maximum of 10 notices; or
2950          [(ii)] (iii) by mailing the notice to each registered voter who resides in the jurisdiction
2951     to which the election pertains at least five days before the day of the election;
2952          (b) by posting notice on the Utah Public Notice Website, created in Section
2953     63A-12-201, for two days before the day of the election; and
2954          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
2955     two days before the day of the election.
2956          (6) Instead of including the information described in Subsection (4) in the notice, the
2957     election officer may give printed notice that:
2958          (a) is entitled "Notice of Election";
2959          (b) includes the following: "A [indicate election type] will be held in [indicate the
2960     jurisdiction] on [indicate date of election]. Information relating to the election, including
2961     polling places, polling place hours, and qualifications of voters may be obtained from the
2962     following sources:"; and
2963          (c) specifies the following sources where an individual may view or obtain the
2964     information described in Subsection (4):
2965          (i) if the jurisdiction has a website, the jurisdiction's website;
2966          (ii) the physical address of the jurisdiction offices; and
2967          (iii) a mailing address and telephone number.
2968          Section 45. Section 20A-5-101 (Effective 07/01/21) is amended to read:
2969          20A-5-101 (Effective 07/01/21). Notice of election.

2970          (1) On or before November 15 in the year before each regular general election year, the
2971     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
2972          (a) designates the offices to be filled at the next year's regular general election;
2973          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
2974     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
2975     and 20A-9-408 for those offices; and
2976          (c) contains a description of any ballot propositions to be decided by the voters that
2977     have qualified for the ballot as of that date.
2978          (2) (a) No later than seven business days after the day on which the lieutenant governor
2979     transmits the written notice described in Subsection (1), each county clerk shall [publish]
2980     provide notice, in accordance with Subsection (3):
2981          [(a) (i)] (i) by posting notice in a conspicuous place most likely to give notice of the
2982     election to the voters in each voting precinct within the county; [and]
2983          [(ii) prepare an affidavit of the posting, showing a copy of the notice and the places
2984     where the notice was posted;]
2985          (ii) (A) by publishing notice in a newspaper of general circulation in the county;
2986          [(b) (i)] (B) by posting one notice, and at least one additional notice per 2,000
2987     population of the county, in places within the county that are most likely to give notice of the
2988     election to the voters in the county, subject to a maximum of 10 notices; or
2989          [(ii)] (C) by mailing notice to each registered voter in the county;
2990          [(c)] (iii) by posting notice on the Utah Public Notice Website, created in Section
2991     63A-16-601, for seven days before the day of the election; and
2992          [(d)] (iv) by posting notice on the county's website for seven days before the day of the
2993     election.
2994          (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
2995     showing a copy of the notice and the places where the notice was posted.
2996          (3) The notice described in Subsection (2) shall:
2997          (a) designate the offices to be voted on in that election; and

2998          (b) identify the dates for filing a declaration of candidacy for those offices.
2999          (4) Except as provided in Subsection (6), before each election, the election officer shall
3000     give printed notice of the following information:
3001          (a) the date of election;
3002          (b) the hours during which the polls will be open;
3003          (c) the polling places for each voting precinct, early voting polling place, and election
3004     day voting center;
3005          (d) the address of the Statewide Electronic Voter Information Website and, if available,
3006     the address of the election officer's website, with a statement indicating that the election officer
3007     will post on the website any changes to the location of a polling place and the location of any
3008     additional polling place;
3009          (e) a phone number that a voter may call to obtain information regarding the location of
3010     a polling place; and
3011          (f) the qualifications for persons to vote in the election.
3012          (5) [To provide the printed notice described in Subsection (4), the] The election officer
3013     shall [publish] provide the notice described in Subsection (4):
3014          (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
3015     to which the election pertains, at least two days before the day of the election;
3016          [(a) (i)] (ii) at least two days before the day of the election, by posting one notice, and
3017     at least one additional notice per 2,000 population of the jurisdiction, in places within the
3018     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
3019     subject to a maximum of 10 notices; or
3020          [(ii)] (iii) by mailing the notice to each registered voter who resides in the jurisdiction
3021     to which the election pertains at least five days before the day of the election;
3022          (b) by posting notice on the Utah Public Notice Website, created in Section
3023     63A-16-601, for two days before the day of the election; and
3024          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
3025     two days before the day of the election.

3026          (6) Instead of including the information described in Subsection (4) in the notice, the
3027     election officer may give printed notice that:
3028          (a) is entitled "Notice of Election";
3029          (b) includes the following: "A [indicate election type] will be held in [indicate the
3030     jurisdiction] on [indicate date of election]. Information relating to the election, including
3031     polling places, polling place hours, and qualifications of voters may be obtained from the
3032     following sources:"; and
3033          (c) specifies the following sources where an individual may view or obtain the
3034     information described in Subsection (4):
3035          (i) if the jurisdiction has a website, the jurisdiction's website;
3036          (ii) the physical address of the jurisdiction offices; and
3037          (iii) a mailing address and telephone number.
3038          Section 46. Section 20A-5-403.5 (Superseded 07/01/21) is amended to read:
3039          20A-5-403.5 (Superseded 07/01/21). Ballot drop boxes.
3040          (1) An election officer:
3041          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
3042          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
3043     election officer's jurisdiction.
3044          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
3045     shall, at least 19 days before the date of the election, [publish] provide notice of the location of
3046     each ballot drop box designated under Subsection (1):
3047          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
3048     the jurisdiction holding the election;
3049          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
3050     population of the jurisdiction holding the election, in places within the jurisdiction that are
3051     most likely to give notice to the residents in the jurisdiction, subject to a maximum of 10
3052     notices; or
3053          [(ii)] (iii) by mailing notice to each registered voter in the jurisdiction holding the

3054     election;
3055          (b) by posting notice on the Utah Public Notice Website, created in Section
3056     63A-12-201, for 19 days before the day of the election; and
3057          (c) by posting notice on the jurisdiction's website for 19 days before the day of the
3058     election.
3059          (3) Instead of [publishing] including the location of ballot drop boxes, a notice required
3060     under Subsection (2)[, the election officer may publish a statement that specifies] may specify
3061     the following sources where a voter may view or obtain a copy of all ballot drop box locations:
3062          (a) the jurisdiction's website;
3063          (b) the physical address of the jurisdiction's offices; and
3064          (c) a mailing address and telephone number.
3065          (4) The election officer shall include in the notice described in Subsection (2):
3066          (a) the address of the Statewide Electronic Voter Information Website and, if available,
3067     the address of the election officer's website, with a statement indicating that the election officer
3068     will post on the website the location of each ballot drop box, including any changes to the
3069     location of a ballot drop box and the location of additional ballot drop boxes; and
3070          (b) a phone number that a voter may call to obtain information regarding the location
3071     of a ballot drop box.
3072          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3073     deadline described in Subsection (2):
3074          (i) if necessary, change the location of a ballot drop box; or
3075          (ii) if the election officer determines that the number of ballot drop boxes is
3076     insufficient due to the number of registered voters who are voting, designate additional ballot
3077     drop boxes.
3078          (b) Except as provided in Section 20A-1-308, if an election officer changes the
3079     location of a ballot box or designates an additional ballot drop box location, the election officer
3080     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
3081     the additional ballot drop box location:

3082          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
3083          (ii) by posting the information on the website of the election officer, if available; and
3084          (iii) by posting notice:
3085          (A) for a change in the location of a ballot drop box, at the new location and, if
3086     possible, the old location; and
3087          (B) for an additional ballot drop box location, at the additional ballot drop box
3088     location.
3089          (6) An election officer may, at any time, authorize two or more poll workers to remove
3090     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
3091          Section 47. Section 20A-5-403.5 (Effective 07/01/21) is amended to read:
3092          20A-5-403.5 (Effective 07/01/21). Ballot drop boxes.
3093          (1) An election officer:
3094          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
3095          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
3096     election officer's jurisdiction.
3097          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
3098     shall, at least 19 days before the date of the election, [publish] provide notice of the location of
3099     each ballot drop box designated under Subsection (1):
3100          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
3101     the jurisdiction holding the election;
3102          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
3103     population of the jurisdiction holding the election, in places within the jurisdiction that are
3104     most likely to give notice to the residents in the jurisdiction, subject to a maximum of 10
3105     notices; or
3106          [(ii)] (iii) by mailing notice to each registered voter in the jurisdiction holding the
3107     election;
3108          (b) by posting notice on the Utah Public Notice Website, created in Section
3109     63A-16-601, for 19 days before the day of the election; and

3110          (c) by posting notice on the jurisdiction's website for 19 days before the day of the
3111     election.
3112          (3) Instead of [publishing] including the location of ballot drop boxes, a notice required
3113     under Subsection (2)[, the election officer may publish a statement that specifies] may specify
3114     the following sources where a voter may view or obtain a copy of all ballot drop box locations:
3115          (a) the jurisdiction's website;
3116          (b) the physical address of the jurisdiction's offices; and
3117          (c) a mailing address and telephone number.
3118          (4) The election officer shall include in the notice described in Subsection (2):
3119          (a) the address of the Statewide Electronic Voter Information Website and, if available,
3120     the address of the election officer's website, with a statement indicating that the election officer
3121     will post on the website the location of each ballot drop box, including any changes to the
3122     location of a ballot drop box and the location of additional ballot drop boxes; and
3123          (b) a phone number that a voter may call to obtain information regarding the location
3124     of a ballot drop box.
3125          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3126     deadline described in Subsection (2):
3127          (i) if necessary, change the location of a ballot drop box; or
3128          (ii) if the election officer determines that the number of ballot drop boxes is
3129     insufficient due to the number of registered voters who are voting, designate additional ballot
3130     drop boxes.
3131          (b) Except as provided in Section 20A-1-308, if an election officer changes the
3132     location of a ballot box or designates an additional ballot drop box location, the election officer
3133     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
3134     the additional ballot drop box location:
3135          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
3136          (ii) by posting the information on the website of the election officer, if available; and
3137          (iii) by posting notice:

3138          (A) for a change in the location of a ballot drop box, at the new location and, if
3139     possible, the old location; and
3140          (B) for an additional ballot drop box location, at the additional ballot drop box
3141     location.
3142          (6) An election officer may, at any time, authorize two or more poll workers to remove
3143     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
3144          Section 48. Section 20A-5-405 (Superseded 07/01/21) is amended to read:
3145          20A-5-405 (Superseded 07/01/21). Election officer to provide ballots.
3146          (1) An election officer shall:
3147          (a) provide ballots for every election of public officers in which the voters, or any of
3148     the voters, within the election officer's jurisdiction participate;
3149          (b) cause the name of every candidate whose nomination has been certified to or filed
3150     with the election officer in the manner provided by law to be included on each ballot;
3151          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
3152     be included on each ballot;
3153          (d) ensure that the ballots are prepared and in the possession of the election officer
3154     before commencement of voting;
3155          (e) allow candidates and their agents and the sponsors of ballot propositions that have
3156     qualified for the official ballot to inspect the ballots;
3157          (f) cause sample ballots to be printed that are in the same form as official ballots and
3158     that contain the same information as official ballots but that are printed on different colored
3159     paper than official ballots or are identified by a watermark;
3160          (g) ensure that the sample ballots are printed and in the possession of the election
3161     officer at least seven days before commencement of voting;
3162          (h) make the sample ballots available for public inspection by:
3163          (i) posting a copy of the sample ballot in the election officer's office at least seven days
3164     before commencement of voting;
3165          (ii) mailing a copy of the sample ballot to:

3166          (A) each candidate listed on the ballot; and
3167          (B) the lieutenant governor;
3168          (iii) [publishing] publicizing a copy of the sample ballot:
3169          (A) at least seven days before the day of the election, by posting one copy of the
3170     sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3171     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
3172     the jurisdiction, subject to a maximum of 10 notices; or
3173          (B) at least 10 days before the day of the election, by mailing a copy of the sample
3174     ballot to each registered voter who resides in the jurisdiction holding the election;
3175          (iv) [publishing] posting a copy of the sample ballot on the Utah Public Notice
3176     Website, created in Section 63A-12-201, for seven days before the day of the election; and
3177          (v) if the jurisdiction has a website, [publishing] posting a copy of the sample ballot on
3178     the jurisdiction's website for at least seven days before the day of the election;
3179          (i) deliver at least five copies of the sample ballot to poll workers for each polling
3180     place and direct them to post the sample ballots as required by Section 20A-5-102; and
3181          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
3182     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
3183     each voting precinct.
3184          (2) Instead of [publishing] posting the entire sample ballot under Subsection
3185     (1)(h)(iii)(A), the election officer may [publish] post a statement that:
3186          (a) is entitled, "sample ballot";
3187          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
3188     upcoming [indicate type and date of election] may be obtained from the following sources:";
3189     and
3190          (c) specifies the following sources where an individual may view or obtain a copy of
3191     the sample ballot:
3192          (i) if the jurisdiction has a website, the jurisdiction's website;
3193          (ii) the physical address of the jurisdiction's offices; and

3194          (iii) a mailing address and telephone number.
3195          (3) (a) Each election officer shall, without delay, correct any error discovered in any
3196     ballot, if the correction can be made without interfering with the timely distribution of the
3197     ballots.
3198          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
3199     not possible to correct the error or omission, the election officer shall direct the poll workers to
3200     make the necessary corrections on the manual ballots before the ballots are distributed.
3201          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
3202     not possible to correct the error or omission by revising the electronic ballot, the election
3203     officer shall direct the poll workers to post notice of each error or omission with instructions on
3204     how to correct each error or omission in a prominent position at each polling booth.
3205          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
3206     candidate or a candidate's agent may file a verified petition with the district court asserting that:
3207          (A) an error or omission has occurred in:
3208          (I) the publication of the name or description of a candidate;
3209          (II) the preparation or display of an electronic ballot; or
3210          (III) in the printing of sample or official manual ballots; and
3211          (B) the election officer has failed to correct or provide for the correction of the error or
3212     omission.
3213          (ii) The district court shall issue an order requiring correction of any error in a ballot or
3214     an order to show cause why the error should not be corrected if it appears to the court that the
3215     error or omission has occurred and the election officer has failed to correct or provide for the
3216     correction of the error or omission.
3217          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
3218     Supreme Court within five days after the day on which the district court enters the decision.
3219          Section 49. Section 20A-5-405 (Effective 07/01/21) is amended to read:
3220          20A-5-405 (Effective 07/01/21). Election officer to provide ballots.
3221          (1) An election officer shall:

3222          (a) provide ballots for every election of public officers in which the voters, or any of
3223     the voters, within the election officer's jurisdiction participate;
3224          (b) cause the name of every candidate whose nomination has been certified to or filed
3225     with the election officer in the manner provided by law to be included on each ballot;
3226          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
3227     be included on each ballot;
3228          (d) ensure that the ballots are prepared and in the possession of the election officer
3229     before commencement of voting;
3230          (e) allow candidates and their agents and the sponsors of ballot propositions that have
3231     qualified for the official ballot to inspect the ballots;
3232          (f) cause sample ballots to be printed that are in the same form as official ballots and
3233     that contain the same information as official ballots but that are printed on different colored
3234     paper than official ballots or are identified by a watermark;
3235          (g) ensure that the sample ballots are printed and in the possession of the election
3236     officer at least seven days before commencement of voting;
3237          (h) make the sample ballots available for public inspection by:
3238          (i) posting a copy of the sample ballot in the election officer's office at least seven days
3239     before commencement of voting;
3240          (ii) mailing a copy of the sample ballot to:
3241          (A) each candidate listed on the ballot; and
3242          (B) the lieutenant governor;
3243          (iii) [publishing] publicizing a copy of the sample ballot:
3244          (A) at least seven days before the day of the election, by posting one copy of the
3245     sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3246     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
3247     the jurisdiction, subject to a maximum of 10 notices; or
3248          (B) at least 10 days before the day of the election, by mailing a copy of the sample
3249     ballot to each registered voter who resides in the jurisdiction holding the election;

3250          (iv) [publishing] posting a copy of the sample ballot on the Utah Public Notice
3251     Website, created in Section 63A-16-601, for seven days before the day of the election; and
3252          (v) if the jurisdiction has a website, [publishing] posting a copy of the sample ballot on
3253     the jurisdiction's website for at least seven days before the day of the election;
3254          (i) deliver at least five copies of the sample ballot to poll workers for each polling
3255     place and direct them to post the sample ballots as required by Section 20A-5-102; and
3256          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
3257     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
3258     each voting precinct.
3259          (2) Instead of [publishing] posting the entire sample ballot under Subsection
3260     (1)(h)(iii)(A), the election officer may [publish] post a statement that:
3261          (a) is entitled, "sample ballot";
3262          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
3263     upcoming [indicate type and date of election] may be obtained from the following sources:";
3264     and
3265          (c) specifies the following sources where an individual may view or obtain a copy of
3266     the sample ballot:
3267          (i) if the jurisdiction has a website, the jurisdiction's website;
3268          (ii) the physical address of the jurisdiction's offices; and
3269          (iii) a mailing address and telephone number.
3270          (3) (a) Each election officer shall, without delay, correct any error discovered in any
3271     ballot, if the correction can be made without interfering with the timely distribution of the
3272     ballots.
3273          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
3274     not possible to correct the error or omission, the election officer shall direct the poll workers to
3275     make the necessary corrections on the manual ballots before the ballots are distributed.
3276          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
3277     not possible to correct the error or omission by revising the electronic ballot, the election

3278     officer shall direct the poll workers to post notice of each error or omission with instructions on
3279     how to correct each error or omission in a prominent position at each polling booth.
3280          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
3281     candidate or a candidate's agent may file a verified petition with the district court asserting that:
3282          (A) an error or omission has occurred in:
3283          (I) the publication of the name or description of a candidate;
3284          (II) the preparation or display of an electronic ballot; or
3285          (III) in the printing of sample or official manual ballots; and
3286          (B) the election officer has failed to correct or provide for the correction of the error or
3287     omission.
3288          (ii) The district court shall issue an order requiring correction of any error in a ballot or
3289     an order to show cause why the error should not be corrected if it appears to the court that the
3290     error or omission has occurred and the election officer has failed to correct or provide for the
3291     correction of the error or omission.
3292          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
3293     Supreme Court within five days after the day on which the district court enters the decision.
3294          Section 50. Section 20A-9-203 (Superseded 07/01/21) is amended to read:
3295          20A-9-203 (Superseded 07/01/21). Declarations of candidacy -- Municipal general
3296     elections.
3297          (1) An individual may become a candidate for any municipal office if:
3298          (a) the individual is a registered voter; and
3299          (b) (i) the individual has resided within the municipality in which the individual seeks
3300     to hold elective office for the 12 consecutive months immediately before the date of the
3301     election; or
3302          (ii) the territory in which the individual resides was annexed into the municipality, the
3303     individual has resided within the annexed territory or the municipality the 12 consecutive
3304     months immediately before the date of the election.
3305          (2) (a) For purposes of determining whether an individual meets the residency

3306     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
3307     before the election, the municipality is considered to have been incorporated 12 months before
3308     the date of the election.
3309          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
3310     council position shall, if elected from a district, be a resident of the council district from which
3311     the candidate is elected.
3312          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
3313     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
3314     against the elective franchise may not hold office in this state until the right to hold elective
3315     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
3316          (3) (a) An individual seeking to become a candidate for a municipal office shall,
3317     regardless of the nomination method by which the individual is seeking to become a candidate:
3318          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
3319     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
3320     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
3321     described in Section 10-3-301 and not later than the close of those office hours, between June 1
3322     and June 7 of any odd-numbered year; and
3323          (ii) pay the filing fee, if one is required by municipal ordinance.
3324          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
3325     declaration of candidacy with the city recorder or town clerk if:
3326          (i) the individual is located outside of the state during the entire filing period;
3327          (ii) the designated agent appears in person before the city recorder or town clerk;
3328          (iii) the individual communicates with the city recorder or town clerk using an
3329     electronic device that allows the individual and city recorder or town clerk to see and hear each
3330     other; and
3331          (iv) the individual provides the city recorder or town clerk with an email address to
3332     which the city recorder or town clerk may send the individual the copies described in
3333     Subsection (4).

3334          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
3335          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
3336     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
3337     the office hours described in Section 10-3-301 and not later than the close of those office
3338     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
3339     of the nomination petition of the lesser of at least:
3340          (A) 25 registered voters who reside in the municipality; or
3341          (B) 20% of the registered voters who reside in the municipality; and
3342          (ii) paying the filing fee, if one is required by municipal ordinance.
3343          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
3344     petition, the filing officer shall:
3345          (i) read to the prospective candidate or individual filing the petition the constitutional
3346     and statutory qualification requirements for the office that the candidate is seeking;
3347          (ii) require the candidate or individual filing the petition to state whether the candidate
3348     meets the requirements described in Subsection (4)(a)(i); and
3349          (iii) inform the candidate or the individual filing the petition that an individual who
3350     holds a municipal elected office may not, at the same time, hold a county elected office.
3351          (b) If the prospective candidate does not meet the qualification requirements for the
3352     office, the filing officer may not accept the declaration of candidacy or nomination petition.
3353          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
3354     filing officer shall:
3355          (i) inform the candidate that the candidate's name will appear on the ballot as it is
3356     written on the declaration of candidacy;
3357          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
3358     for the office the candidate is seeking and inform the candidate that failure to comply will
3359     result in disqualification as a candidate and removal of the candidate's name from the ballot;
3360          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
3361     Electronic Voter Information Website Program and inform the candidate of the submission

3362     deadline under Subsection 20A-7-801(4)(a);
3363          (iv) provide the candidate with a copy of the pledge of fair campaign practices
3364     described under Section 20A-9-206 and inform the candidate that:
3365          (A) signing the pledge is voluntary; and
3366          (B) signed pledges shall be filed with the filing officer; and
3367          (v) accept the declaration of candidacy or nomination petition.
3368          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
3369     officer shall:
3370          (i) accept the candidate's pledge; and
3371          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
3372     candidate's pledge to the chair of the county or state political party of which the candidate is a
3373     member.
3374          (5) (a) The declaration of candidacy shall be in substantially the following form:
3375          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
3376     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
3377     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
3378     (stating the term). I will meet the legal qualifications required of candidates for this office. If
3379     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
3380     candidate filing period. I will file all campaign financial disclosure reports as required by law
3381     and I understand that failure to do so will result in my disqualification as a candidate for this
3382     office and removal of my name from the ballot. I request that my name be printed upon the
3383     applicable official ballots. (Signed) _______________
3384          Subscribed and sworn to (or affirmed) before me by ____ on this
3385     __________(month\day\year).
3386          (Signed) _______________ (Clerk or other officer qualified to administer oath)."
3387          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
3388     not sign the form described in Subsection (5)(a).
3389          (c) (i) A nomination petition shall be in substantially the following form:

3390          "NOMINATION PETITION
3391          The undersigned residents of (name of municipality), being registered voters, nominate
3392     (name of nominee) for the office of (name of office) for the (length of term of office)."
3393          (ii) The remainder of the petition shall contain lines and columns for the signatures of
3394     individuals signing the petition and each individual's address and phone number.
3395          (6) If the declaration of candidacy or nomination petition fails to state whether the
3396     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
3397     for the four-year term.
3398          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
3399     voters.
3400          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
3401     print the candidate's name on the ballot.
3402          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
3403     clerk shall:
3404          (a) [publish] publicize a list of the names of the candidates as they will appear on the
3405     ballot:
3406          (i) (A) by publishing the list in at least two successive publications of a newspaper of
3407     general circulation in the municipality;
3408          [(i) (A)] (B) by posting one copy of the list, and at least one additional copy of the list
3409     per 2,000 population of the municipality, in places within the municipality that are most likely
3410     to give notice to the voters in the municipality, subject to a maximum of 10 lists; or
3411          [(B)] (C) by mailing [notice] the list to each registered voter in the municipality;
3412          (ii) by posting the list on the Utah Public Notice Website, created in Section
3413     63A-12-201, for seven days; and
3414          (iii) if the municipality has a website, by posting the list on the municipality's website
3415     for seven days; and
3416          (b) notify the lieutenant governor of the names of the candidates as they will appear on
3417     the ballot.

3418          (9) Except as provided in Subsection (10)(c), an individual may not amend a
3419     declaration of candidacy or nomination petition filed under this section after the candidate
3420     filing period ends.
3421          (10) (a) A declaration of candidacy or nomination petition that an individual files under
3422     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
3423     10 days after the last day for filing.
3424          (b) If a person files an objection, the clerk shall:
3425          (i) mail or personally deliver notice of the objection to the affected candidate
3426     immediately; and
3427          (ii) decide any objection within 48 hours after the objection is filed.
3428          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
3429     days after the day on which the clerk sustains the objection, correct the problem for which the
3430     objection is sustained by amending the candidate's declaration of candidacy or nomination
3431     petition, or by filing a new declaration of candidacy.
3432          (d) (i) The clerk's decision upon objections to form is final.
3433          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
3434     prompt application is made to the district court.
3435          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
3436     of its discretion, agrees to review the lower court decision.
3437          (11) A candidate who qualifies for the ballot under this section may withdraw as a
3438     candidate by filing a written affidavit with the municipal clerk.
3439          Section 51. Section 20A-9-203 (Effective 07/01/21) is amended to read:
3440          20A-9-203 (Effective 07/01/21). Declarations of candidacy -- Municipal general
3441     elections.
3442          (1) An individual may become a candidate for any municipal office if:
3443          (a) the individual is a registered voter; and
3444          (b) (i) the individual has resided within the municipality in which the individual seeks
3445     to hold elective office for the 12 consecutive months immediately before the date of the

3446     election; or
3447          (ii) the territory in which the individual resides was annexed into the municipality, the
3448     individual has resided within the annexed territory or the municipality the 12 consecutive
3449     months immediately before the date of the election.
3450          (2) (a) For purposes of determining whether an individual meets the residency
3451     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
3452     before the election, the municipality is considered to have been incorporated 12 months before
3453     the date of the election.
3454          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
3455     council position shall, if elected from a district, be a resident of the council district from which
3456     the candidate is elected.
3457          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
3458     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
3459     against the elective franchise may not hold office in this state until the right to hold elective
3460     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
3461          (3) (a) An individual seeking to become a candidate for a municipal office shall,
3462     regardless of the nomination method by which the individual is seeking to become a candidate:
3463          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
3464     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
3465     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
3466     described in Section 10-3-301 and not later than the close of those office hours, between June 1
3467     and June 7 of any odd-numbered year; and
3468          (ii) pay the filing fee, if one is required by municipal ordinance.
3469          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
3470     declaration of candidacy with the city recorder or town clerk if:
3471          (i) the individual is located outside of the state during the entire filing period;
3472          (ii) the designated agent appears in person before the city recorder or town clerk;
3473          (iii) the individual communicates with the city recorder or town clerk using an

3474     electronic device that allows the individual and city recorder or town clerk to see and hear each
3475     other; and
3476          (iv) the individual provides the city recorder or town clerk with an email address to
3477     which the city recorder or town clerk may send the individual the copies described in
3478     Subsection (4).
3479          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
3480          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
3481     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
3482     the office hours described in Section 10-3-301 and not later than the close of those office
3483     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
3484     of the nomination petition of the lesser of at least:
3485          (A) 25 registered voters who reside in the municipality; or
3486          (B) 20% of the registered voters who reside in the municipality; and
3487          (ii) paying the filing fee, if one is required by municipal ordinance.
3488          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
3489     petition, the filing officer shall:
3490          (i) read to the prospective candidate or individual filing the petition the constitutional
3491     and statutory qualification requirements for the office that the candidate is seeking;
3492          (ii) require the candidate or individual filing the petition to state whether the candidate
3493     meets the requirements described in Subsection (4)(a)(i); and
3494          (iii) inform the candidate or the individual filing the petition that an individual who
3495     holds a municipal elected office may not, at the same time, hold a county elected office.
3496          (b) If the prospective candidate does not meet the qualification requirements for the
3497     office, the filing officer may not accept the declaration of candidacy or nomination petition.
3498          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
3499     filing officer shall:
3500          (i) inform the candidate that the candidate's name will appear on the ballot as it is
3501     written on the declaration of candidacy;

3502          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
3503     for the office the candidate is seeking and inform the candidate that failure to comply will
3504     result in disqualification as a candidate and removal of the candidate's name from the ballot;
3505          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
3506     Electronic Voter Information Website Program and inform the candidate of the submission
3507     deadline under Subsection 20A-7-801(4)(a);
3508          (iv) provide the candidate with a copy of the pledge of fair campaign practices
3509     described under Section 20A-9-206 and inform the candidate that:
3510          (A) signing the pledge is voluntary; and
3511          (B) signed pledges shall be filed with the filing officer; and
3512          (v) accept the declaration of candidacy or nomination petition.
3513          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
3514     officer shall:
3515          (i) accept the candidate's pledge; and
3516          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
3517     candidate's pledge to the chair of the county or state political party of which the candidate is a
3518     member.
3519          (5) (a) The declaration of candidacy shall be in substantially the following form:
3520          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
3521     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
3522     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
3523     (stating the term). I will meet the legal qualifications required of candidates for this office. If
3524     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
3525     candidate filing period. I will file all campaign financial disclosure reports as required by law
3526     and I understand that failure to do so will result in my disqualification as a candidate for this
3527     office and removal of my name from the ballot. I request that my name be printed upon the
3528     applicable official ballots. (Signed) _______________
3529          Subscribed and sworn to (or affirmed) before me by ____ on this

3530     __________(month\day\year).
3531          (Signed) _______________ (Clerk or other officer qualified to administer oath)."
3532          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
3533     not sign the form described in Subsection (5)(a).
3534          (c) (i) A nomination petition shall be in substantially the following form:
3535          "NOMINATION PETITION
3536          The undersigned residents of (name of municipality), being registered voters, nominate
3537     (name of nominee) for the office of (name of office) for the (length of term of office)."
3538          (ii) The remainder of the petition shall contain lines and columns for the signatures of
3539     individuals signing the petition and each individual's address and phone number.
3540          (6) If the declaration of candidacy or nomination petition fails to state whether the
3541     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
3542     for the four-year term.
3543          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
3544     voters.
3545          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
3546     print the candidate's name on the ballot.
3547          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
3548     clerk shall:
3549          (a) [publish] publicize a list of the names of the candidates as they will appear on the
3550     ballot:
3551          (i) (A) by publishing the list in at least two successive publications of a newspaper of
3552     general circulation in the municipality;
3553          [(i) (A)] (B) by posting one copy of the list, and at least one additional copy of the list
3554     per 2,000 population of the municipality, in places within the municipality that are most likely
3555     to give notice to the voters in the municipality, subject to a maximum of 10 lists; or
3556          [(B)] (C) by mailing [notice] the list to each registered voter in the municipality;
3557          (ii) by posting the list on the Utah Public Notice Website, created in Section

3558     63A-16-601, for seven days; and
3559          (iii) if the municipality has a website, by posting the list on the municipality's website
3560     for seven days; and
3561          (b) notify the lieutenant governor of the names of the candidates as they will appear on
3562     the ballot.
3563          (9) Except as provided in Subsection (10)(c), an individual may not amend a
3564     declaration of candidacy or nomination petition filed under this section after the candidate
3565     filing period ends.
3566          (10) (a) A declaration of candidacy or nomination petition that an individual files under
3567     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
3568     10 days after the last day for filing.
3569          (b) If a person files an objection, the clerk shall:
3570          (i) mail or personally deliver notice of the objection to the affected candidate
3571     immediately; and
3572          (ii) decide any objection within 48 hours after the objection is filed.
3573          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
3574     days after the day on which the clerk sustains the objection, correct the problem for which the
3575     objection is sustained by amending the candidate's declaration of candidacy or nomination
3576     petition, or by filing a new declaration of candidacy.
3577          (d) (i) The clerk's decision upon objections to form is final.
3578          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
3579     prompt application is made to the district court.
3580          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
3581     of its discretion, agrees to review the lower court decision.
3582          (11) A candidate who qualifies for the ballot under this section may withdraw as a
3583     candidate by filing a written affidavit with the municipal clerk.
3584          Section 52. Effective date.
3585          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members

3586     elected to each house, this bill takes effect upon approval by the governor, or the day following
3587     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
3588     signature, or in the case of a veto, the date of veto override.
3589          (2) The amendments to the following sections take effect on July 1, 2021:
3590          (a) Section 10-2-406 (Effective 07/01/21);
3591          (b) Section 10-2-407 (Effective 07/01/21);
3592          (c) Section 10-2-415 (Effective 07/01/21);
3593          (d) Section 10-2-418 (Effective 07/01/21);
3594          (e) Section 10-2-419 (Effective 07/01/21);
3595          (f) Section 10-2-502.5 (Effective 07/01/21);
3596          (g) Section 10-2-703 (Effective 07/01/21);
3597          (h) Section 10-2-708 (Effective 07/01/21);
3598          (i) Section 10-2a-210 (Effective 07/01/21);
3599          (j) Section 10-2a-213 (Effective 07/01/21);
3600          (k) Section 10-2a-214 (Effective 07/01/21);
3601          (l) Section 10-2a-215 (Effective 07/01/21);
3602          (m) Section 10-2a-405 (Effective 07/01/21);
3603          (n) Section 10-18-203 (Effective 07/01/21);
3604          (o) Section 11-14-202 (Effective 07/01/21);
3605          (p) Section 17B-1-643 (Effective 07/01/21);
3606          (q) Section 17B-2a-705 (Effective 07/01/21);
3607          (r) Section 20A-3a-604 (Effective 07/01/21);
3608          (s) Section 20A-4-104 (Effective 07/01/21);
3609          (t) Section 20A-4-304 (Effective 07/01/21);
3610          (u) Section 20A-5-101 (Effective 07/01/21);
3611          (v) Section 20A-5-403.5 (Effective 07/01/21);
3612          (w) Section 20A-5-405 (Effective 07/01/21); and
3613          (x) Section 20A-9-203 (Effective 07/01/21).

3614