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23          10-2-406 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84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27          10-2-407 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84,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31          10-2-415 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84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35          10-2-418 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84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39          10-2-419 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84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43          10-2-502.5 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters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47          10-2-703 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84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51          10-2-708 (Superseded 07/01/21), as last amended by Laws of Utah 2021, Chapters 84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 -- Publishing and
126     providing notice of 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 -- Publishing and providing
198     notice of 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). Publication of 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). Publication of 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 -- Publication and
1170     filing.
1171          When a municipality has been dissolved, the clerk of the court shall [publish] provide
1172     notice of the dissolution:
1173          (1) (a) by posting one notice, and at least one additional notice per 2,000 population of
1174     the county in places within the county that are most likely to give notice to the residents within,

1175     and the owners of real property located within, the county, including the residents and owners
1176     within the municipality that is dissolved, subject to a maximum of 10 notices; or
1177          (b) by mailing notice to each residence within, and each owner of real property located
1178     within, the county;
1179          (2) by posting notice on the Utah Public Notice Website, created in Section
1180     63A-12-201, for four weeks;
1181          (3) if the municipality has a website, by posting notice on the municipality's website for
1182     four weeks; and
1183          (4) by posting notice on the county's website for four weeks.
1184          Section 16. Section 10-2-708 (Effective 07/01/21) is amended to read:
1185          10-2-708 (Effective 07/01/21). Notice of disincorporation -- Publication and filing.
1186          When a municipality has been dissolved, the clerk of the court shall [publish] provide
1187     notice of the dissolution:
1188          (1) (a) by posting one notice, and at least one additional notice per 2,000 population of
1189     the county in places within the county that are most likely to give notice to the residents within,
1190     and the owners of real property located within, the county, including the residents and owners
1191     within the municipality that is dissolved, subject to a maximum of 10 notices; or
1192          (b) by mailing notice to each residence within, and each owner of real property located
1193     within, the county;
1194          (2) by posting notice on the Utah Public Notice Website, created in Section
1195     63A-16-601, for four weeks;
1196          (3) if the municipality has a website, by posting notice on the municipality's website for
1197     four weeks; and
1198          (4) by posting notice on the county's website for four weeks.
1199          Section 17. Section 10-2a-210 (Superseded 07/01/21) is amended to read:
1200          10-2a-210 (Superseded 07/01/21). Incorporation election -- Notice of election --
1201     Voter information pamphlet.
1202          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1203     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1204     described in the petition to be held on the date of the next regular general election described in
1205     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that

1206     is at least 65 days after the day on which the lieutenant governor certifies the petition.
1207          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1208     which the proposed municipality is located to hold the election on the date that the lieutenant
1209     governor schedules under Subsection (1)(a).
1210          (ii) The county shall hold the election as directed by the lieutenant governor under
1211     Subsection (1)(b)(i).
1212          (2) The county clerk shall [publish] provide notice of the election:
1213          (a) (i) by publishing notice in a newspaper of general circulation within the area
1214     proposed to be incorporated at least once a week for three successive weeks before the election;
1215          [(a) (i)] (ii) at least three weeks before the day of the election, by posting one notice,
1216     and at least one additional notice per 2,000 population of the area proposed to be incorporated,
1217     in places within the area proposed to be incorporated that are most likely to give notice to the
1218     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1219          [(ii)] (iii) at least three weeks before the day of the election, by mailing notice to each
1220     registered voter in the area proposed to be incorporated;
1221          (b) by posting notice on the Utah Public Notice Website, created in Section
1222     63A-12-201, for three weeks before the day of the election;
1223          (c) if the proposed municipality has a website, by posting notice on the proposed
1224     municipality's website for three weeks before the day of the election; and
1225          (d) by posting notice on the county's website for three weeks before the day of the
1226     election.
1227          (3) (a) The notice required by Subsection (2) shall contain:
1228          (i) a statement of the contents of the petition;
1229          (ii) a description of the area proposed to be incorporated as a municipality;
1230          (iii) a statement of the date and time of the election and the location of polling places;
1231     and
1232          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1233     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1234     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1235          (b) Instead of [publishing] including the feasibility summary under Subsection
1236     (3)(a)(iv), the notice may include a statement that specifies the following sources where a

1237     registered voter in the area proposed to be incorporated may view or obtain a copy of the
1238     feasibility study:
1239          (i) the lieutenant governor's website;
1240          (ii) the physical address of the Office of the Lieutenant Governor; and
1241          (iii) a mailing address and telephone number.
1242          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1243     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1244          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1245          (ii) in consultation with the lieutenant governor; and
1246          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1247     (4)(a)(i) and (ii).
1248          (b) The voter information pamphlet described in Subsection (4)(a):
1249          (i) shall inform the public of the proposed incorporation; and
1250          (ii) may include written statements, printed in the same font style and point size, from
1251     proponents and opponents of the proposed incorporation.
1252          (5) An individual may not vote in an incorporation election under this section unless
1253     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1254     boundaries of the proposed municipality.
1255          (6) If a majority of those who vote in an incorporation election held under this section
1256     cast votes in favor of incorporation, the area shall incorporate.
1257          Section 18. Section 10-2a-210 (Effective 07/01/21) is amended to read:
1258          10-2a-210 (Effective 07/01/21). Incorporation election -- Notice of election --
1259     Voter information pamphlet.
1260          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
1261     the lieutenant governor shall schedule an incorporation election for the proposed municipality
1262     described in the petition to be held on the date of the next regular general election described in
1263     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
1264     is at least 65 days after the day on which the lieutenant governor certifies the petition.
1265          (b) (i) The lieutenant governor shall direct the county legislative body of the county in
1266     which the proposed municipality is located to hold the election on the date that the lieutenant
1267     governor schedules under Subsection (1)(a).

1268          (ii) The county shall hold the election as directed by the lieutenant governor under
1269     Subsection (1)(b)(i).
1270          (2) The county clerk shall [publish] provide notice of the election:
1271          (a) (i) by publishing notice in a newspaper of general circulation within the area
1272     proposed to be incorporated at least once a week for three successive weeks before the election;
1273          [(a) (i)] (ii) at least three weeks before the day of the election, by posting one notice,
1274     and at least one additional notice per 2,000 population of the area proposed to be incorporated,
1275     in places within the area proposed to be incorporated that are most likely to give notice to the
1276     voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
1277          [(ii)] (iii) at least three weeks before the day of the election, by mailing notice to each
1278     registered voter in the area proposed to be incorporated;
1279          (b) by posting notice on the Utah Public Notice Website, created in Section
1280     63A-16-601, for three weeks before the day of the election;
1281          (c) if the proposed municipality has a website, by posting notice on the proposed
1282     municipality's website for three weeks before the day of the election; and
1283          (d) by posting notice on the county's website for three weeks before the day of the
1284     election.
1285          (3) (a) The notice required by Subsection (2) shall contain:
1286          (i) a statement of the contents of the petition;
1287          (ii) a description of the area proposed to be incorporated as a municipality;
1288          (iii) a statement of the date and time of the election and the location of polling places;
1289     and
1290          (iv) except as provided in Subsection (3)(b), the feasibility study summary described in
1291     Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the
1292     lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
1293          (b) Instead of [publishing] including the feasibility summary under Subsection
1294     (3)(a)(iv), the notice may include a statement that specifies the following sources where a
1295     registered voter in area proposed to be incorporated may view or obtain a copy the feasibility
1296     study:
1297          (i) the lieutenant governor's website;
1298          (ii) the physical address of the Office of the Lieutenant Governor; and

1299          (iii) a mailing address and telephone number.
1300          (4) (a) In addition to the notice required under Subsection (2), the county clerk shall
1301     publish and distribute, before the incorporation election is held, a voter information pamphlet:
1302          (i) in accordance with the procedures and requirements of Section 20A-7-402;
1303          (ii) in consultation with the lieutenant governor; and
1304          (iii) in a manner that the county clerk determines is adequate, subject to Subsections
1305     (4)(a)(i) and (ii).
1306          (b) The voter information pamphlet described in Subsection (4)(a):
1307          (i) shall inform the public of the proposed incorporation; and
1308          (ii) may include written statements, printed in the same font style and point size, from
1309     proponents and opponents of the proposed incorporation.
1310          (5) An individual may not vote in an incorporation election under this section unless
1311     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1312     boundaries of the proposed municipality.
1313          (6) If a majority of those who vote in an incorporation election held under this section
1314     cast votes in favor of incorporation, the area shall incorporate.
1315          Section 19. Section 10-2a-213 (Superseded 07/01/21) is amended to read:
1316          10-2a-213 (Superseded 07/01/21). Determination of number of council members --
1317     Determination of election districts -- Hearings and notice.
1318          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1319     after the day on which the county conducts the canvass of the election under Section
1320     10-2a-212:
1321          (a) for the incorporation of a city:
1322          (i) if the voters at the incorporation election choose the council-mayor form of
1323     government, determine the number of council members that will constitute the city council of
1324     the city; and
1325          (ii) if the voters at the incorporation election vote to elect council members by district,
1326     determine the number of council members to be elected by district and draw the boundaries of
1327     those districts, which shall be substantially equal in population; and
1328          (b) for the incorporation of any municipality:
1329          (i) determine the initial terms of the mayor and members of the municipal council so

1330     that:
1331          (A) the mayor and approximately half the members of the municipal council are
1332     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1333     successors to serve a full four-year term that coincides with the schedule established in
1334     Subsection 10-3-205(1); and
1335          (B) the remaining members of the municipal council are elected to serve an initial
1336     term, of no less than one year, that allows the members' successors to serve a full four-year
1337     term that coincides with the schedule established in Subsection 10-3-205(2); and
1338          (ii) submit in writing to the county legislative body the results of the determinations
1339     made by the sponsors under Subsections (1)(a) and (b)(i).
1340          (2) A newly incorporated town shall operate under the five-member council form of
1341     government as defined in Section 10-3b-102.
1342          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1343     sponsors shall hold a public hearing within the future municipality on the applicable issues
1344     described in Subsections (1)(a) and (b)(i).
1345          (4) The petition sponsors shall [publish] provide notice of the public hearing described
1346     in Subsection (3):
1347          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
1348     and at least one additional notice per 2,000 population of the future municipality, in places
1349     within the future municipality that are most likely to give notice to the residents within, and the
1350     owners of real property located within, the future municipality, subject to a maximum of 10
1351     notices; or
1352          (ii) at least two weeks before the day of the public hearing, by mailing notice to each
1353     residence within, and each owner of real property located within, the future municipality;
1354          (b) by posting notice on the Utah Public Notice Website, created in Section
1355     63A-12-201, for two weeks before the day of the public hearing;
1356          (c) if the future municipality has a website, by posting notice on the future
1357     municipality's website for two weeks before the day of the public hearing; and
1358          (d) by posting notice on the county's website for two weeks before the day of the public
1359     hearing.
1360          Section 20. Section 10-2a-213 (Effective 07/01/21) is amended to read:

1361          10-2a-213 (Effective 07/01/21). Determination of number of council members --
1362     Determination of election districts -- Hearings and notice.
1363          (1) If the incorporation proposal passes, the petition sponsors shall, within 60 days
1364     after the day on which the county conducts the canvass of the election under Section
1365     10-2a-212:
1366          (a) for the incorporation of a city:
1367          (i) if the voters at the incorporation election choose the council-mayor form of
1368     government, determine the number of council members that will constitute the city council of
1369     the city; and
1370          (ii) if the voters at the incorporation election vote to elect council members by district,
1371     determine the number of council members to be elected by district and draw the boundaries of
1372     those districts, which shall be substantially equal in population; and
1373          (b) for the incorporation of any municipality:
1374          (i) determine the initial terms of the mayor and members of the municipal council so
1375     that:
1376          (A) the mayor and approximately half the members of the municipal council are
1377     elected to serve an initial term, of no less than one year, that allows the mayor's and members'
1378     successors to serve a full four-year term that coincides with the schedule established in
1379     Subsection 10-3-205(1); and
1380          (B) the remaining members of the municipal council are elected to serve an initial
1381     term, of no less than one year, that allows the members' successors to serve a full four-year
1382     term that coincides with the schedule established in Subsection 10-3-205(2); and
1383          (ii) submit in writing to the county legislative body the results of the determinations
1384     made by the sponsors under Subsections (1)(a) and (b)(i).
1385          (2) A newly incorporated town shall operate under the five-member council form of
1386     government as defined in Section 10-3b-102.
1387          (3) Before making a determination under Subsection (1)(a) or (b)(i), the petition
1388     sponsors shall hold a public hearing within the future municipality on the applicable issues
1389     described in Subsections (1)(a) and (b)(i).
1390          (4) The petition sponsors shall [publish] provide notice of the public hearing described
1391     in Subsection (3):

1392          (a) (i) at least two weeks before the day of the public hearing, by posting one notice,
1393     and at least one additional notice per 2,000 population of the future municipality, in places
1394     within the future municipality that are most likely to give notice to the residents within, and the
1395     owners of real property located within, the future municipality, subject to a maximum of 10
1396     notices; or
1397          (ii) at least two weeks before the day of the public hearing, by mailing notice to each
1398     residence within, and each owner of real property located within, the future municipality;
1399          (b) by posting notice on the Utah Public Notice Website, created in Section
1400     63A-16-601, for two weeks before the day of the public hearing;
1401          (c) if the future municipality has a website, by posting notice on the future
1402     municipality's website for two weeks before the day of the public hearing; and
1403          (d) by posting notice on the county's website for two weeks before the day of the public
1404     hearing.
1405          Section 21. Section 10-2a-214 (Superseded 07/01/21) is amended to read:
1406          10-2a-214 (Superseded 07/01/21). Notice of number of commission or council
1407     members to be elected and of district boundaries -- Declaration of candidacy for
1408     municipal office.
1409          (1) Within 20 days after the day on which a county legislative body receives the
1410     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1411     [publish] provide a notice, in accordance with Subsection (2), [notice] containing:
1412          (a) the number of municipal council members to be elected for the new municipality;
1413          (b) except as provided in Subsection (3), if some or all of the municipal council
1414     members are to be elected by district, a description of the boundaries of those districts;
1415          (c) information about the deadline for an individual to file a declaration of candidacy to
1416     become a candidate for mayor or municipal council; and
1417          (d) information about the length of the initial term of each of the municipal officers.
1418          (2) The county clerk shall [publish] provide the notice described in Subsection (1):
1419          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1420     the future municipality, in places within the future municipality that are most likely to give
1421     notice to the residents in the future municipality, subject to a maximum of 10 notices; or
1422          (ii) by mailing notice to each residence in the future municipality;

1423          (b) by posting notice on the Utah Public Notice Website, created in Section
1424     63A-12-201, for two weeks;
1425          (c) if the future municipality has a website, by posting notice on the future
1426     municipality's website for two weeks; and
1427          (d) by posting notice on the county's website for two weeks.
1428          (3) Instead of [publishing] including a description of the district boundaries [described
1429     in] under Subsection (1)(b), the notice may include a statement that specifies the following
1430     sources where a resident of the future municipality may view or obtain a copy of the district
1431     boundaries:
1432          (a) the county website;
1433          (b) the physical address of the county offices; and
1434          (c) a mailing address and telephone number.
1435          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1436     candidate for mayor or municipal council of a municipality incorporating under this part shall
1437     file a declaration of candidacy with the clerk of the county in which the future municipality is
1438     located and in accordance with:
1439          (a) for an incorporation held on the date of a regular general election, the deadlines for
1440     filing a declaration of candidacy under Section 20A-9-202; or
1441          (b) for an incorporation held on the date of a municipal general election, the deadlines
1442     for filing a declaration of candidacy under Section 20A-9-203.
1443          Section 22. Section 10-2a-214 (Effective 07/01/21) is amended to read:
1444          10-2a-214 (Effective 07/01/21). Notice of number of commission or council
1445     members to be elected and of district boundaries -- Declaration of candidacy for
1446     municipal office.
1447          (1) Within 20 days after the day on which a county legislative body receives the
1448     petition sponsors' determination under Subsection 10-2a-213(1)(b)(ii), the county clerk shall
1449     [publish] provide a notice, in accordance with Subsection (2), [notice] containing:
1450          (a) the number of municipal council members to be elected for the new municipality;
1451          (b) except as provided in Subsection (3), if some or all of the municipal council
1452     members are to be elected by district, a description of the boundaries of those districts;
1453          (c) information about the deadline for an individual to file a declaration of candidacy to

1454     become a candidate for mayor or municipal council; and
1455          (d) information about the length of the initial term of each of the municipal officers.
1456          (2) The county clerk shall [publish] provide the notice described in Subsection (1):
1457          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
1458     the future municipality, in places within the future municipality that are most likely to give
1459     notice to the residents in the future municipality, subject to a maximum of 10 notices; or
1460          (ii) by mailing notice to each residence in the future municipality;
1461          (b) by posting notice on the Utah Public Notice Website, created in Section
1462     63A-16-601, for two weeks;
1463          (c) if the future municipality has a website, by posting notice on the future
1464     municipality's website for two weeks; and
1465          (d) by posting notice on the county's website for two weeks.
1466          (3) Instead of [publishing] including a description of the district boundaries [described
1467     in] under Subsection (1)(b), the notice may include a statement that specifies the following
1468     sources where a resident of the future municipality may view or obtain a copy of the district
1469     boundaries:
1470          (a) the county website;
1471          (b) the physical address of the county offices; and
1472          (c) a mailing address and telephone number.
1473          (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1474     candidate for mayor or municipal council of a municipality incorporating under this part shall
1475     file a declaration of candidacy with the clerk of the county in which the future municipality is
1476     located and in accordance with:
1477          (a) for an incorporation held on the date of a regular general election, the deadlines for
1478     filing a declaration of candidacy under Section 20A-9-202; or
1479          (b) for an incorporation held on the date of a municipal general election, the deadlines
1480     for filing a declaration of candidacy under Section 20A-9-203.
1481          Section 23. Section 10-2a-215 (Superseded 07/01/21) is amended to read:
1482          10-2a-215 (Superseded 07/01/21). Election of officers of new municipality --
1483     Primary and final election dates -- County clerk duties -- Candidate duties -- Occupation
1484     of office.

1485          (1) For the election of municipal officers, the county legislative body shall:
1486          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1487     primary election; and
1488          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1489     final election.
1490          (2) Each election described in Subsection (1) shall be held:
1491          (a) consistent with the petition sponsors' determination of the length of each council
1492     member's initial term; and
1493          (b) for the incorporation of a city:
1494          (i) appropriate to the form of government chosen by the voters at the incorporation
1495     election;
1496          (ii) consistent with the voters' decision about whether to elect city council members by
1497     district and, if applicable, consistent with the boundaries of those districts as determined by the
1498     petition sponsors; and
1499          (iii) consistent with the sponsors' determination of the number of city council members
1500     to be elected.
1501          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1502     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1503          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1504          (ii) municipal primary election described in Section 20A-9-404.
1505          (b) The county shall hold the primary election, if necessary, on the next election date
1506     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1507     10-2a-210.
1508          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1509     Subsection (1)(b):
1510          (i) on the following election date that next follows the date of the incorporation
1511     election held under Subsection 10-2a-210(1)(a);
1512          (ii) a regular general election described in Section 20A-1-201; or
1513          (iii) a regular municipal general election under Section 20A-1-202.
1514          (b) The county shall hold the final election on the earliest of the next election date that
1515     is listed in Subsection (4)(a)(i), (ii), or (iii):

1516          (i) that is after a primary election; or
1517          (ii) if there is no primary election, that is at least:
1518          (A) 75 days after the incorporation election under Section 10-2a-210; and
1519          (B) 65 days after the candidate filing period.
1520          (5) The county clerk shall [publish] provide notice of an election under this section:
1521          (a) (i) at least two weeks before the day of the election, by posting one notice, and at
1522     least one additional notice per 2,000 population of the future municipality, in places within the
1523     future municipality that are most likely to give notice to the voters within the future
1524     municipality, subject to a maximum of 10 notices; or
1525          (ii) at least two weeks before the day of the election, by mailing notice to each
1526     registered voter within the future municipality;
1527          (b) by posting notice on the Utah Public Notice Website, created in Section
1528     63A-12-201, for two weeks before the day of the election;
1529          (c) if the future municipality has a website, by posting notice on the future
1530     municipality's website for two weeks before the day of the election; and
1531          (d) by posting notice on the county's website for two weeks before the day of the
1532     election.
1533          (6) Until the municipality is incorporated, the county clerk:
1534          (a) is the election officer for all purposes related to the election of municipal officers;
1535          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1536     related to the election of municipal officers for a new municipality that are not otherwise
1537     contrary to law;
1538          (c) shall require and determine deadlines for municipal office candidates to file
1539     campaign financial disclosures in accordance with Section 10-3-208; and
1540          (d) shall ensure that the ballot for the election includes each office that is required to be
1541     included in the election for officers of the newly incorporated municipality, including the term
1542     of each office.
1543          (7) An individual who has filed as a candidate for an office described in this section
1544     shall comply with:
1545          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1546          (b) the requirements and deadlines established by the county clerk under this section.

1547          (8) Notwithstanding Section 10-3-201, the officers elected at a final election described
1548     in Subsection (4)(a) shall take office:
1549          (a) after taking the oath of office; and
1550          (b) at noon on the first Monday following the day on which the election official
1551     transmits a certificate of nomination or election under the officer's seal to each elected
1552     candidate in accordance with Subsection 20A-4-304(4)(b).
1553          Section 24. Section 10-2a-215 (Effective 07/01/21) is amended to read:
1554          10-2a-215 (Effective 07/01/21). Election of officers of new municipality -- Primary
1555     and final election dates -- County clerk duties -- Candidate duties -- Occupation of office.
1556          (1) For the election of municipal officers, the county legislative body shall:
1557          (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
1558     primary election; and
1559          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1560     final election.
1561          (2) Each election described in Subsection (1) shall be held:
1562          (a) consistent with the petition sponsors' determination of the length of each council
1563     member's initial term; and
1564          (b) for the incorporation of a city:
1565          (i) appropriate to the form of government chosen by the voters at the incorporation
1566     election;
1567          (ii) consistent with the voters' decision about whether to elect city council members by
1568     district and, if applicable, consistent with the boundaries of those districts as determined by the
1569     petition sponsors; and
1570          (iii) consistent with the sponsors' determination of the number of city council members
1571     to be elected.
1572          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1573     the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
1574          (i) regular primary election described in Subsection 20A-1-201.5(1); or
1575          (ii) municipal primary election described in Section 20A-9-404.
1576          (b) The county shall hold the primary election, if necessary, on the next election date
1577     described in Subsection (3)(a) that is after the incorporation election conducted under Section

1578     10-2a-210.
1579          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in
1580     Subsection (1)(b):
1581          (i) on the following election date that next follows the date of the incorporation
1582     election held under Subsection 10-2a-210(1)(a);
1583          (ii) a regular general election described in Section 20A-1-201; or
1584          (iii) a regular municipal general election under Section 20A-1-202.
1585          (b) The county shall hold the final election on the earliest of the next election date that
1586     is listed in Subsection (4)(a)(i), (ii), or (iii):
1587          (i) that is after a primary election; or
1588          (ii) if there is no primary election, that is at least:
1589          (A) 75 days after the incorporation election under Section 10-2a-210; and
1590          (B) 65 days after the candidate filing period.
1591          (5) The county clerk shall [publish] provide notice of an election under this section:
1592          (a) (i) at least two weeks before the day of the election, by posting one notice, and at
1593     least one additional notice per 2,000 population of the future municipality, in places within the
1594     future municipality that are most likely to give notice to the voters within the future
1595     municipality, subject to a maximum of 10 notices; or
1596          (ii) at least two weeks before the day of the election, by mailing notice to each
1597     registered voter within the future municipality;
1598          (b) by posting notice on the Utah Public Notice Website, created in Section
1599     63A-16-601, for two weeks before the day of the election;
1600          (c) if the future municipality has a website, by posting notice on the future
1601     municipality's website for two weeks before the day of the election; and
1602          (d) by posting notice on the county's website for two weeks before the day of the
1603     election.
1604          (6) Until the municipality is incorporated, the county clerk:
1605          (a) is the election officer for all purposes related to the election of municipal officers;
1606          (b) may, as necessary, determine appropriate deadlines, procedures, and instructions
1607     related to the election of municipal officers for a new municipality that are not otherwise
1608     contrary to law;

1609          (c) shall require and determine deadlines for municipal office candidates to file
1610     campaign financial disclosures in accordance with Section 10-3-208; and
1611          (d) shall ensure that the ballot for the election includes each office that is required to be
1612     included in the election for officers of the newly incorporated municipality, including the term
1613     of each office.
1614          (7) An individual who has filed as a candidate for an office described in this section
1615     shall comply with:
1616          (a) the campaign finance disclosure requirements described in Section 10-3-208; and
1617          (b) the requirements and deadlines established by the county clerk under this section.
1618          (8) Notwithstanding Section 10-3-201, the officers elected at a final election described
1619     in Subsection (4)(a) shall take office:
1620          (a) after taking the oath of office; and
1621          (b) at noon on the first Monday following the day on which the election official
1622     transmits a certificate of nomination or election under the officer's seal to each elected
1623     candidate in accordance with Subsection 20A-4-304(4)(b).
1624          Section 25. Section 10-2a-404 is amended to read:
1625          10-2a-404. Election.
1626          (1) (a) Notwithstanding Section 20A-1-203, a county of the first class shall hold a local
1627     special election on November 3, 2015, on the following ballot propositions:
1628          (i) for registered voters residing within a planning township:
1629          (A) whether the planning township shall be incorporated as a city or town, according to
1630     the classifications of Section 10-2-301, or as a metro township; and
1631          (B) if the planning township incorporates as a metro township, whether the metro
1632     township is included in a municipal services district; and
1633          (ii) for registered voters residing within an unincorporated island, whether the island
1634     should maintain its unincorporated status or be annexed into an eligible city.
1635          (b) (i) A metro township incorporated under this part shall be governed by the
1636     five-member council in accordance with Chapter 3b, Part 5, Metro Township Council Form of
1637     Municipal Government.
1638          (ii) A city or town incorporated under this part shall be governed by the five-member
1639     council form of government as defined in Section 10-3b-102.

1640          (2) Unless a person is a registered voter who resides, as defined in Section 20A-1-102,
1641     within the boundaries of a planning township or an unincorporated island, the person may not
1642     vote on the proposed incorporation or annexation.
1643          (3) The county clerk shall [publish] post notice of the election on the Utah Public
1644     Notice Website, created in Section [63F-1-701] 63A-12-201, for three weeks before the
1645     election.
1646          (4) The notice required by Subsection (3) shall contain:
1647          (a) for residents of a planning township:
1648          (i) a statement that the voters will vote:
1649          (A) to incorporate as a city or town, according to the classifications of Section
1650     10-2-301, or as a metro township; and
1651          (B) if the planning township incorporates as a metro township, whether the metro
1652     township is included in a municipal services district;
1653          (ii) if applicable under Subsection 10-2a-405(5), a map showing the alteration to the
1654     planning township boundaries that would be effective upon incorporation;
1655          (iii) a statement that if the residents of the planning township elect to incorporate:
1656          (A) as a metro township, the metro township shall be governed by a five-member
1657     metro township council in accordance with Chapter 3b, Part 5, Metro Township Council Form
1658     of Municipal Government; or
1659          (B) as a city or town, the city or town shall be governed by the five-member council
1660     form of government as defined in Section 10-3b-102; and
1661          (iv) a statement of the date and time of the election and the location of polling places;
1662          (b) for residents of an unincorporated island:
1663          (i) a statement that the voters will vote either to be annexed into an eligible city or
1664     maintain unincorporated status; and
1665          (ii) a statement of the eligible city, as determined by the county legislative body in
1666     accordance with Section 10-2a-405, the unincorporated island may elect to be annexed by; and
1667          (c) a statement of the date and time of the election and the location of polling places.
1668          (5) (a) In addition to the notice required under Subsection (3), the county clerk shall
1669     post at least one notice of the election per 1,000 population in conspicuous places within the
1670     planning township or unincorporated island that are most likely to give notice of the election to

1671     the voters of the proposed incorporation or annexation, subject to a maximum of 10 notices.
1672          (b) The clerk shall post the notices under Subsection (5)(a) at least seven days before
1673     the election under Subsection (1).
1674          (6) (a) In a planning township, if a majority of those casting votes within the planning
1675     township vote to:
1676          (i) incorporate as a city or town, the planning township shall incorporate as a city or
1677     town, respectively; or
1678          (ii) incorporate as a metro township, the planning township shall incorporate as a metro
1679     township.
1680          (b) If a majority of those casting votes within the planning township vote to incorporate
1681     as a metro township, and a majority of those casting votes vote to include the metro township
1682     in a municipal services district and limit the metro township's municipal powers, the metro
1683     township shall be included in a municipal services district and have limited municipal powers.
1684          (c) In an unincorporated island, if a majority of those casting a vote within the selected
1685     unincorporated island vote to:
1686          (i) be annexed by the eligible city, the area shall be annexed by the eligible city; or
1687          (ii) remain an unincorporated area, the area shall remain unincorporated.
1688          (7) The county shall, in consultation with interested parties, prepare and provide
1689     information on an annexation or incorporation subject to this part and an election held in
1690     accordance with this section.
1691          Section 26. Section 10-2a-405 (Superseded 07/01/21) is amended to read:
1692          10-2a-405 (Superseded 07/01/21). Duties of county legislative body -- Public
1693     hearing -- Notice -- Other election and incorporation issues -- Rural real property
1694     excluded.
1695          (1) The legislative body of a county of the first class shall before an election described
1696     in Section 10-2a-404:
1697          (a) in accordance with Subsection (3), [publish] provide notice of the public hearing
1698     described in Subsection (1)(b);
1699          (b) hold a public hearing; and
1700          (c) at the public hearing, adopt a resolution:
1701          (i) identifying, including a map prepared by the county surveyor, all unincorporated

1702     islands within the county;
1703          (ii) identifying each eligible city that will annex each unincorporated island, including
1704     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1705     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1706     and
1707          (iii) identifying, including a map prepared by the county surveyor, the planning
1708     townships within the county and any changes to the boundaries of a planning township that the
1709     county legislative body proposes under Subsection (5).
1710          (2) The county legislative body shall exclude from a resolution adopted under
1711     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1712     consent to include the property in accordance with Subsection (7).
1713          (3) (a) The county clerk shall [publish] provide notice of the public hearing described
1714     in Subsection (1)(b):
1715          (i) by mailing notice to each owner of real property located in an unincorporated island
1716     or planning township no later than 15 days before the day of the public hearing;
1717          (ii) by posting notice on the Utah Public Notice Website, created in Section
1718     63A-12-201, for three weeks before the day of the public hearing; and
1719          (iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
1720     places within the selected unincorporated island, eligible city, or planning township, as
1721     applicable, that are most likely to give notice of the hearing to the residents of the
1722     unincorporated island, eligible city, or planning township, subject to a maximum of 10 notices.
1723          (b) The clerk shall post the notices under Subsection (3)(a)(iii) at least seven days
1724     before the hearing under Subsection (1)(b).
1725          (c) The notice under Subsection (3)(a) shall include:
1726          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1727     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1728     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1729     the eligible city or cities; or
1730          (B) for residents of a planning township, a statement that the property in the planning
1731     township shall be, pending the results of the election held under Section 10-2a-404,
1732     incorporated as a city, town, or metro township;

1733          (ii) the location and time of the public hearing; and
1734          (iii) the county website where a map may be accessed showing:
1735          (A) how the unincorporated island boundaries will change if annexed by an eligible
1736     city; or
1737          (B) how the planning township area boundaries will change, if applicable under
1738     Subsection (5), when the planning township incorporates as a metro township or as a city or
1739     town.
1740          (d) The county clerk shall publish a map described in Subsection (3)(c)(iii) on the
1741     county website.
1742          (4) The county legislative body may, by ordinance or resolution adopted at a public
1743     meeting and in accordance with applicable law, resolve an issue that arises with an election
1744     held in accordance with this part or the incorporation and establishment of a metro township in
1745     accordance with this part.
1746          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1747     meeting, change the boundaries of a planning township.
1748          (b) A change to a planning township boundary under this Subsection (5) is effective
1749     only upon the vote of the residents of the planning township at an election under Section
1750     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1751     boundaries of the planning township before the election.
1752          (c) The county legislative body:
1753          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1754     alteration:
1755          (A) affects less than 5% of the residents residing within the planning advisory area; and
1756          (B) does not increase the area located within the planning township's boundaries; and
1757          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1758     surrounded by one or more municipalities.
1759          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1760     annexation or an incorporation process that, if approved, would change the boundaries of a
1761     planning township.
1762          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1763          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and

1764          (ii) that does not include residential units with a density greater than one unit per acre.
1765          (b) Unless an owner of rural real property gives written consent to a county legislative
1766     body, rural real property described in Subsection (7)(c) may not be:
1767          (i) included in a planning township identified under Subsection (1)(c); or
1768          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1769     part.
1770          (c) The following rural real property is subject to an owner's written consent under
1771     Subsection (7)(b):
1772          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1773     consisting of one or more tax parcels;
1774          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1775     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1776     more tax parcels;
1777          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1778     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1779     contiguous acres of rural real property consisting of one or more tax parcels; or
1780          (iv) rural real property that is located in whole or in part in one of the following as
1781     defined in Section 17-41-101:
1782          (A) an agricultural protection area;
1783          (B) an industrial protection area; or
1784          (C) a mining protection area.
1785          Section 27. Section 10-2a-405 (Effective 07/01/21) is amended to read:
1786          10-2a-405 (Effective 07/01/21). Duties of county legislative body -- Public hearing
1787     -- Notice -- Other election and incorporation issues -- Rural real property excluded.
1788          (1) The legislative body of a county of the first class shall before an election described
1789     in Section 10-2a-404:
1790          (a) in accordance with Subsection (3), [publish] provide notice of the public hearing
1791     described in Subsection (1)(b);
1792          (b) hold a public hearing; and
1793          (c) at the public hearing, adopt a resolution:
1794          (i) identifying, including a map prepared by the county surveyor, all unincorporated

1795     islands within the county;
1796          (ii) identifying each eligible city that will annex each unincorporated island, including
1797     whether the unincorporated island may be annexed by one eligible city or divided and annexed
1798     by multiple eligible cities, if approved by the residents at an election under Section 10-2a-404;
1799     and
1800          (iii) identifying, including a map prepared by the county surveyor, the planning
1801     townships within the county and any changes to the boundaries of a planning township that the
1802     county legislative body proposes under Subsection (5).
1803          (2) The county legislative body shall exclude from a resolution adopted under
1804     Subsection (1)(c) rural real property unless the owner of the rural real property provides written
1805     consent to include the property in accordance with Subsection (7).
1806          (3) (a) The county clerk shall [publish] provide notice of the public hearing described
1807     in Subsection (1)(b):
1808          (i) by mailing notice to each owner of real property located in an unincorporated island
1809     or planning township no later than 15 days before the day of the public hearing;
1810          (ii) by posting notice on the Utah Public Notice Website, created in Section
1811     63A-16-601, for three weeks before the day of the public hearing; and
1812          (iii) by posting at least one notice of the hearing per 1,000 population in conspicuous
1813     places within the selected unincorporated island, eligible city, or planning township, as
1814     applicable, that are most likely to give notice of the hearing to the residents of the
1815     unincorporated island, eligible city, or planning township, subject to a maximum of 10 notices.
1816          (b) The clerk shall post the notices under Subsection (3)(a)(iii) at least seven days
1817     before the hearing under Subsection (1)(b).
1818          (c) The notice under Subsection (3)(a) shall include:
1819          (i) (A) for a resident of an unincorporated island, a statement that the property in the
1820     unincorporated island may be, if approved at an election under Section 10-2a-404, annexed by
1821     an eligible city, including divided and annexed by multiple cities if applicable, and the name of
1822     the eligible city or cities; or
1823          (B) for residents of a planning township, a statement that the property in the planning
1824     township shall be, pending the results of the election held under Section 10-2a-404,
1825     incorporated as a city, town, or metro township;

1826          (ii) the location and time of the public hearing; and
1827          (iii) the county website where a map may be accessed showing:
1828          (A) how the unincorporated island boundaries will change if annexed by an eligible
1829     city; or
1830          (B) how the planning township area boundaries will change, if applicable under
1831     Subsection (5), when the planning township incorporates as a metro township or as a city or
1832     town.
1833          (d) The county clerk shall publish a map described in Subsection (3)(c)(iii) on the
1834     county website.
1835          (4) The county legislative body may, by ordinance or resolution adopted at a public
1836     meeting and in accordance with applicable law, resolve an issue that arises with an election
1837     held in accordance with this part or the incorporation and establishment of a metro township in
1838     accordance with this part.
1839          (5) (a) The county legislative body may, by ordinance or resolution adopted at a public
1840     meeting, change the boundaries of a planning township.
1841          (b) A change to a planning township boundary under this Subsection (5) is effective
1842     only upon the vote of the residents of the planning township at an election under Section
1843     10-2a-404 to incorporate as a metro township or as a city or town and does not affect the
1844     boundaries of the planning township before the election.
1845          (c) The county legislative body:
1846          (i) may alter a planning township boundary under Subsection (5)(a) only if the
1847     alteration:
1848          (A) affects less than 5% of the residents residing within the planning advisory area; and
1849          (B) does not increase the area located within the planning township's boundaries; and
1850          (ii) may not alter the boundaries of a planning township whose boundaries are entirely
1851     surrounded by one or more municipalities.
1852          (6) After November 2, 2015, and before January 1, 2017, a person may not initiate an
1853     annexation or an incorporation process that, if approved, would change the boundaries of a
1854     planning township.
1855          (7) (a) As used in this Subsection (7), "rural real property" means an area:
1856          (i) zoned primarily for manufacturing, commercial, or agricultural purposes; and

1857          (ii) that does not include residential units with a density greater than one unit per acre.
1858          (b) Unless an owner of rural real property gives written consent to a county legislative
1859     body, rural real property described in Subsection (7)(c) may not be:
1860          (i) included in a planning township identified under Subsection (1)(c); or
1861          (ii) incorporated as part of a metro township, city, or town, in accordance with this
1862     part.
1863          (c) The following rural real property is subject to an owner's written consent under
1864     Subsection (7)(b):
1865          (i) rural real property that consists of 1,500 or more contiguous acres of real property
1866     consisting of one or more tax parcels;
1867          (ii) rural real property that is not contiguous to, but used in connection with, rural real
1868     property that consists of 1,500 or more contiguous acres of real property consisting of one or
1869     more tax parcels;
1870          (iii) rural real property that is owned, managed, or controlled by a person, company, or
1871     association, including a parent, subsidiary, or affiliate related to the owner of 1,500 or more
1872     contiguous acres of rural real property consisting of one or more tax parcels; or
1873          (iv) rural real property that is located in whole or in part in one of the following as
1874     defined in Section 17-41-101:
1875          (A) an agricultural protection area;
1876          (B) an industrial protection area; or
1877          (C) a mining protection area.
1878          Section 28. Section 10-2a-410 is amended to read:
1879          10-2a-410. Determination of metro township districts -- Determination of metro
1880     township or city initial officer terms -- Adoption of proposed districts.
1881          (1) (a) If a metro township with a population of 10,000 or more is incorporated in
1882     accordance with an election held under Section 10-2a-404:
1883          (i) each of the five metro township council members shall be elected by district; and
1884          (ii) the boundaries of the five council districts for election and the terms of office shall
1885     be designated and determined in accordance with this section.
1886          (b) If a metro township with a population of less than 10,000 or a town is incorporated
1887     at an election held in accordance with Section 10-2a-404, the five council members shall be

1888     elected at-large for terms as designated and determined in accordance with this section.
1889          (c) If a city is incorporated at an election held in accordance with Section 10-2a-404:
1890          (i) (A) the four members of the council district who are not the mayor shall be elected
1891     by district; and
1892          (B) the boundaries of the four council districts for election and the term of office shall
1893     be designated and determined in accordance with this section; and
1894          (ii) the mayor shall be elected at-large for a term designated and determined in
1895     accordance with this section.
1896          (2) (a) No later than 90 days after the election day on which the metro township, city,
1897     or town is successfully incorporated under this part, the legislative body of the county in which
1898     the metro township, city, or town is located shall adopt by resolution:
1899          (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
1900     the council terms for a length of time in accordance with this section; and
1901          (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
1902     the five council districts; and
1903          (B) for a city, the boundaries of the four council districts.
1904          (b) (i) For each metro township, city, or town, the county legislative body shall set the
1905     initial terms of the members of the metro township council, city council, or town council so
1906     that:
1907          (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the
1908     council, including the mayor in the case of a city, are elected to serve an initial term, of no less
1909     than one year, that allows their successors to serve a full four-year term that coincides with the
1910     schedule established in Subsection 10-3-205(1); and
1911          (B) the remaining members of the council are elected to serve an initial term, of no less
1912     than one year, that allows their successors to serve a full four-year term that coincides with the
1913     schedule established in Subsection 10-3-205(2).
1914          (ii) For a city that incorporated in a county of the first class in 2016, the term of office
1915     for the office of mayor is:
1916          (A) three years for the initial term of office; and
1917          (B) four years for each subsequent term of office.
1918          (iii) For a metro township with a population of 10,000 or more, the county legislative

1919     body shall divide the metro township into five council districts that comply with Section
1920     10-3-205.5.
1921          (iv) For a city, the county legislative body shall divide the city into four council
1922     districts that comply with Section 10-3-205.5.
1923          (3) (a) Within 20 days of the county legislative body's adoption of a resolution under
1924     Subsection (2), the county clerk shall [publish] provide a notice, in accordance with Subsection
1925     (3)(b), [notice] containing:
1926          (i) if applicable, a description of the boundaries, as designated in the resolution, of:
1927          (A) for a metro township with a population of 10,000 or more, the metro township
1928     council districts; or
1929          (B) the city council districts;
1930          (ii) information about the deadline for filing a declaration of candidacy for those
1931     seeking to become candidates for metro township council, city council, town council, or city
1932     mayor, respectively; and
1933          (iii) information about the length of the initial term of city mayor or each of the metro
1934     township, city, or town council offices, as described in the resolution.
1935          (b) The county clerk shall [publish] provide the notice required under Subsection
1936     (3)(a):
1937          (i) by posting notice on the Utah Public Notice Website, created in Section
1938     [63F-1-701] 63A-12-201, for two weeks; and
1939          (ii) by posting at least one notice per 1,000 population in conspicuous places within the
1940     future metro township, city, or town that are most likely to give notice to the residents of the
1941     future metro township, city, or town, subject to a maximum of 10 notices.
1942          (c) The notice under Subsection (3)(b)(ii) shall contain the information required under
1943     Subsection (3)(a).
1944          (d) The county clerk shall post the notices under Subsection (3)(b)(ii) at least seven
1945     days before the deadline for filing a declaration of candidacy under Subsection (4).
1946          (4) A person seeking to become a candidate for metro township, city, or town council
1947     or city mayor shall, in accordance with Section 20A-9-202, file a declaration of candidacy with
1948     the clerk of the county in which the metro township, city, or town is located for an election
1949     described in Section 10-2a-411.

1950          Section 29. Section 10-18-203 (Superseded 07/01/21) is amended to read:
1951          10-18-203 (Superseded 07/01/21). Feasibility study on providing cable television
1952     or public telecommunications services -- Public hearings.
1953          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
1954     the municipality shall require the feasibility consultant to:
1955          (a) complete the feasibility study in accordance with this section;
1956          (b) submit to the legislative body by no later than 180 days from the date the feasibility
1957     consultant is hired to conduct the feasibility study:
1958          (i) the full written results of the feasibility study; and
1959          (ii) a summary of the results that is no longer than one page in length; and
1960          (c) attend the public hearings described in Subsection (4) to:
1961          (i) present the feasibility study results; and
1962          (ii) respond to questions from the public.
1963          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
1964          (a) (i) if the municipality is proposing to provide cable television services to
1965     subscribers, whether the municipality providing cable television services in the manner
1966     proposed by the municipality will hinder or advance competition for cable television services
1967     in the municipality; or
1968          (ii) if the municipality is proposing to provide public telecommunications services to
1969     subscribers, whether the municipality providing public telecommunications services in the
1970     manner proposed by the municipality will hinder or advance competition for public
1971     telecommunications services in the municipality;
1972          (b) whether but for the municipality any person would provide the proposed:
1973          (i) cable television services; or
1974          (ii) public telecommunications services;
1975          (c) the fiscal impact on the municipality of:
1976          (i) the capital investment in facilities that will be used to provide the proposed:
1977          (A) cable television services; or
1978          (B) public telecommunications services; and
1979          (ii) the expenditure of funds for labor, financing, and administering the proposed:
1980          (A) cable television services; or

1981          (B) public telecommunications services;
1982          (d) the projected growth in demand in the municipality for the proposed:
1983          (i) cable television services; or
1984          (ii) public telecommunications services;
1985          (e) the projections at the time of the feasibility study and for the next five years, of a
1986     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
1987     facilities necessary to provide the proposed:
1988          (i) cable television services; or
1989          (ii) public telecommunications services; and
1990          (f) the projections at the time of the feasibility study and for the next five years of the
1991     revenues to be generated from the proposed:
1992          (i) cable television services; or
1993          (ii) public telecommunications services.
1994          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
1995     the feasibility consultant shall assume that the municipality will price the proposed cable
1996     television services or public telecommunications services consistent with Subsection
1997     10-18-303(5).
1998          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
1999     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
2000     receives the results of the feasibility study, shall schedule at least two public hearings to be
2001     held:
2002          (a) within 60 days of the meeting at which the public hearings are scheduled;
2003          (b) at least seven days apart; and
2004          (c) for the purpose of allowing:
2005          (i) the feasibility consultant to present the results of the feasibility study; and
2006          (ii) the public to:
2007          (A) become informed about the feasibility study results; and
2008          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2009          (5) (a) The municipality shall [publish] provide notice of the public hearings required
2010     under Subsection (4) by:
2011          (i) posting the notice on the Utah Public Notice Website, created in Section

2012     63A-12-201, for three weeks, at least three days before the first public hearing required under
2013     Subsection (4); and
2014          (ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
2015     place within the municipality that is likely to give notice of the hearings to the greatest number
2016     of residents of the municipality, subject to a maximum of 10 notices.
2017          (b) The municipality shall post the notices at least seven days before the first public
2018     hearing required under Subsection (4) is held.
2019          Section 30. Section 10-18-203 (Effective 07/01/21) is amended to read:
2020          10-18-203 (Effective 07/01/21). Feasibility study on providing cable television or
2021     public telecommunications services -- Public hearings.
2022          (1) If a feasibility consultant is hired under Section 10-18-202, the legislative body of
2023     the municipality shall require the feasibility consultant to:
2024          (a) complete the feasibility study in accordance with this section;
2025          (b) submit to the legislative body by no later than 180 days from the date the feasibility
2026     consultant is hired to conduct the feasibility study:
2027          (i) the full written results of the feasibility study; and
2028          (ii) a summary of the results that is no longer than one page in length; and
2029          (c) attend the public hearings described in Subsection (4) to:
2030          (i) present the feasibility study results; and
2031          (ii) respond to questions from the public.
2032          (2) The feasibility study described in Subsection (1) shall at a minimum consider:
2033          (a) (i) if the municipality is proposing to provide cable television services to
2034     subscribers, whether the municipality providing cable television services in the manner
2035     proposed by the municipality will hinder or advance competition for cable television services
2036     in the municipality; or
2037          (ii) if the municipality is proposing to provide public telecommunications services to
2038     subscribers, whether the municipality providing public telecommunications services in the
2039     manner proposed by the municipality will hinder or advance competition for public
2040     telecommunications services in the municipality;
2041          (b) whether but for the municipality any person would provide the proposed:
2042          (i) cable television services; or

2043          (ii) public telecommunications services;
2044          (c) the fiscal impact on the municipality of:
2045          (i) the capital investment in facilities that will be used to provide the proposed:
2046          (A) cable television services; or
2047          (B) public telecommunications services; and
2048          (ii) the expenditure of funds for labor, financing, and administering the proposed:
2049          (A) cable television services; or
2050          (B) public telecommunications services;
2051          (d) the projected growth in demand in the municipality for the proposed:
2052          (i) cable television services; or
2053          (ii) public telecommunications services;
2054          (e) the projections at the time of the feasibility study and for the next five years, of a
2055     full-cost accounting for a municipality to purchase, lease, construct, maintain, or operate the
2056     facilities necessary to provide the proposed:
2057          (i) cable television services; or
2058          (ii) public telecommunications services; and
2059          (f) the projections at the time of the feasibility study and for the next five years of the
2060     revenues to be generated from the proposed:
2061          (i) cable television services; or
2062          (ii) public telecommunications services.
2063          (3) For purposes of the financial projections required under Subsections (2)(e) and (f),
2064     the feasibility consultant shall assume that the municipality will price the proposed cable
2065     television services or public telecommunications services consistent with Subsection
2066     10-18-303(5).
2067          (4) If the results of the feasibility study satisfy the revenue requirement of Subsection
2068     10-18-202(3), the legislative body, at the next regular meeting after the legislative body
2069     receives the results of the feasibility study, shall schedule at least two public hearings to be
2070     held:
2071          (a) within 60 days of the meeting at which the public hearings are scheduled;
2072          (b) at least seven days apart; and
2073          (c) for the purpose of allowing:

2074          (i) the feasibility consultant to present the results of the feasibility study; and
2075          (ii) the public to:
2076          (A) become informed about the feasibility study results; and
2077          (B) ask questions of the feasibility consultant about the results of the feasibility study.
2078          (5) (a) The municipality shall [publish] provide notice of the public hearings required
2079     under Subsection (4) by:
2080          (i) posting the notice on the Utah Public Notice Website, created in Section
2081     63A-16-601, for three weeks, at least three days before the first public hearing required under
2082     Subsection (4); and
2083          (ii) posting at least one notice of the hearings per 1,000 residents, in a conspicuous
2084     place within the municipality that is likely to give notice of the hearings to the greatest number
2085     of residents of the municipality, subject to a maximum of 10 notices.
2086          (b) The municipality shall post the notices at least seven days before the first public
2087     hearing required under Subsection (4) is held.
2088          Section 31. Section 11-14-202 (Superseded 07/01/21) is amended to read:
2089          11-14-202 (Superseded 07/01/21). Notice of election -- Contents -- Publication --
2090     Mailing.
2091          (1) The governing body shall [publish] provide notice of the election:
2092          (a) (i) at least 21 days before the day of the election, by posting one notice, and at least
2093     one additional notice per 2,000 population of the local political subdivision, in places within
2094     the local political subdivision that are most likely to give notice to the voters in the local
2095     political subdivision, subject to a maximum of 10 notices; or
2096          (ii) at least three weeks before the day of the election, by mailing notice to each
2097     registered voter in the local political subdivision;
2098          (b) by posting notice on the Utah Public Notice Website, created in Section
2099     63A-12-201, for three weeks before the day of the election; and
2100          (c) if the local political subdivision has a website, by posting notice on the local
2101     political subdivision's website for at least three weeks before the day of the election.
2102          (2) When the debt service on the bonds to be issued will increase the property tax
2103     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2104     per year, the governing body shall prepare and mail either a voter information pamphlet or a

2105     notification described in Subsection (8):
2106          (a) at least 15 days, but not more than 45 days, before the bond election;
2107          (b) to each household containing a registered voter who is eligible to vote on the
2108     bonds; and
2109          (c) that includes the information required by Subsections (4) and (5).
2110          (3) The election officer may change the location of, or establish an additional:
2111          (a) voting precinct polling place, in accordance with Subsection (6);
2112          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2113          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).
2114          (4) The notice described in Subsection (1) and the voter information pamphlet
2115     described in Subsection (2):
2116          (a) shall include, in the following order:
2117          (i) the date of the election;
2118          (ii) the hours during which the polls will be open;
2119          (iii) the address of the Statewide Electronic Voter Information Website and, if
2120     available, the address of the election officer's website, with a statement indicating that the
2121     election officer will post on the website the location of each polling place for each voting
2122     precinct, each early voting polling place, and each election day voting center, including any
2123     changes to the location of a polling place and the location of an additional polling place;
2124          (iv) a phone number that a voter may call to obtain information regarding the location
2125     of a polling place; and
2126          (v) the title and text of the ballot proposition, including the property tax cost of the
2127     bond described in Subsection 11-14-206(2)(a); and
2128          (b) may include the location of each polling place.
2129          (5) The voter information pamphlet required by this section shall include:
2130          (a) the information required under Subsection (4); and
2131          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2132     which may be based on information the governing body determines to be useful, including:
2133          (i) expected debt service on the bonds to be issued;
2134          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2135     outstanding general obligation bonds of the issuer;

2136          (iii) funds other than property taxes available to pay debt service on general obligation
2137     bonds;
2138          (iv) timing of expenditures of bond proceeds;
2139          (v) property values; and
2140          (vi) any additional information that the governing body determines may be useful to
2141     explain the property tax impact of issuance of the bonds.
2142          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2143     deadlines described in Subsections (1) and (2):
2144          (i) if necessary, change the location of a voting precinct polling place; or
2145          (ii) if the election officer determines that the number of voting precinct polling places
2146     is insufficient due to the number of registered voters who are voting, designate additional
2147     voting precinct polling places.
2148          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2149     location of a voting precinct polling place or designates an additional voting precinct polling
2150     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2151     times, and location of a changed voting precinct polling place or an additional voting precinct
2152     polling place:
2153          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2154     Information Website;
2155          (ii) by posting the information on the website of the election officer, if available; and
2156          (iii) by posting notice:
2157          (A) of a change in the location of a voting precinct polling place, at the new location
2158     and, if possible, the old location; and
2159          (B) of an additional voting precinct polling place, at the additional voting precinct
2160     polling place.
2161          (7) The governing body shall pay the costs associated with the notice required by this
2162     section.
2163          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2164     preaddressed return form that a person may use to request delivery of a voter information
2165     pamphlet by mail.
2166          (b) The notice described in Subsection (8)(a) shall include:

2167          (i) the website upon which the voter information pamphlet is available; and
2168          (ii) the phone number a voter may call to request delivery of a voter information
2169     pamphlet by mail.
2170          (9) A local school board shall comply with the voter information pamphlet
2171     requirements described in Section 53G-4-603.
2172          Section 32. Section 11-14-202 (Effective 07/01/21) is amended to read:
2173          11-14-202 (Effective 07/01/21). Notice of election -- Contents -- Publication --
2174     Mailing.
2175          (1) The governing body shall [publish] provide notice of the election:
2176          (a) (i) at least 21 days before the day of the election, by posting one notice, and at least
2177     one additional notice per 2,000 population of the local political subdivision, in places within
2178     the local political subdivision that are most likely to give notice to the voters in the local
2179     political subdivision, subject to a maximum of 10 notices; or
2180          (ii) at least three weeks before the day of the election, by mailing notice to each
2181     registered voter in the local political subdivision;
2182          (b) by posting notice on the Utah Public Notice Website, created in Section
2183     63A-16-601, for three weeks before the day of the election; and
2184          (c) if the local political subdivision has a website, by posting notice on the local
2185     political subdivision's website for at least three weeks before the day of the election.
2186          (2) When the debt service on the bonds to be issued will increase the property tax
2187     imposed upon the average value of a residence by an amount that is greater than or equal to $15
2188     per year, the governing body shall prepare and mail either a voter information pamphlet or a
2189     notification described in Subsection (8):
2190          (a) at least 15 days, but not more than 45 days, before the bond election;
2191          (b) to each household containing a registered voter who is eligible to vote on the
2192     bonds; and
2193          (c) that includes the information required by Subsections (4) and (5).
2194          (3) The election officer may change the location of, or establish an additional:
2195          (a) voting precinct polling place, in accordance with Subsection (6);
2196          (b) early voting polling place, in accordance with Subsection 20A-3a-603(2); or
2197          (c) election day voting center, in accordance with Subsection 20A-3a-703(2).

2198          (4) The notice described in Subsection (1) and the voter information pamphlet
2199     described in Subsection (2):
2200          (a) shall include, in the following order:
2201          (i) the date of the election;
2202          (ii) the hours during which the polls will be open;
2203          (iii) the address of the Statewide Electronic Voter Information Website and, if
2204     available, the address of the election officer's website, with a statement indicating that the
2205     election officer will post on the website the location of each polling place for each voting
2206     precinct, each early voting polling place, and each election day voting center, including any
2207     changes to the location of a polling place and the location of an additional polling place;
2208          (iv) a phone number that a voter may call to obtain information regarding the location
2209     of a polling place; and
2210          (v) the title and text of the ballot proposition, including the property tax cost of the
2211     bond described in Subsection 11-14-206(2)(a); and
2212          (b) may include the location of each polling place.
2213          (5) The voter information pamphlet required by this section shall include:
2214          (a) the information required under Subsection (4); and
2215          (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
2216     which may be based on information the governing body determines to be useful, including:
2217          (i) expected debt service on the bonds to be issued;
2218          (ii) a description of the purpose, remaining principal balance, and maturity date of any
2219     outstanding general obligation bonds of the issuer;
2220          (iii) funds other than property taxes available to pay debt service on general obligation
2221     bonds;
2222          (iv) timing of expenditures of bond proceeds;
2223          (v) property values; and
2224          (vi) any additional information that the governing body determines may be useful to
2225     explain the property tax impact of issuance of the bonds.
2226          (6) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2227     deadlines described in Subsections (1) and (2):
2228          (i) if necessary, change the location of a voting precinct polling place; or

2229          (ii) if the election officer determines that the number of voting precinct polling places
2230     is insufficient due to the number of registered voters who are voting, designate additional
2231     voting precinct polling places.
2232          (b) Except as provided in Section 20A-1-308, if an election officer changes the
2233     location of a voting precinct polling place or designates an additional voting precinct polling
2234     place, the election officer shall, as soon as is reasonably possible, give notice of the dates,
2235     times, and location of a changed voting precinct polling place or an additional voting precinct
2236     polling place:
2237          (i) to the lieutenant governor, for posting on the Statewide Electronic Voter
2238     Information Website;
2239          (ii) by posting the information on the website of the election officer, if available; and
2240          (iii) by posting notice:
2241          (A) of a change in the location of a voting precinct polling place, at the new location
2242     and, if possible, the old location; and
2243          (B) of an additional voting precinct polling place, at the additional voting precinct
2244     polling place.
2245          (7) The governing body shall pay the costs associated with the notice required by this
2246     section.
2247          (8) (a) The governing body may mail a notice printed on a postage prepaid,
2248     preaddressed return form that a person may use to request delivery of a voter information
2249     pamphlet by mail.
2250          (b) The notice described in Subsection (8)(a) shall include:
2251          (i) the website upon which the voter information pamphlet is available; and
2252          (ii) the phone number a voter may call to request delivery of a voter information
2253     pamphlet by mail.
2254          (9) A local school board shall comply with the voter information pamphlet
2255     requirements described in Section 53G-4-603.
2256          Section 33. Section 17B-1-643 (Superseded 07/01/21) is amended to read:
2257          17B-1-643 (Superseded 07/01/21). Imposing or increasing a fee for service
2258     provided by local district.
2259          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided

2260     by a local district, each local district board of trustees shall first hold a public hearing at which:
2261          (i) the local district shall demonstrate its need to impose or increase the fee; and
2262          (ii) any interested person may speak for or against the proposal to impose a fee or to
2263     increase an existing fee.
2264          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
2265     no earlier than 6 p.m.
2266          (c) A public hearing required under this Subsection (1) may be combined with a public
2267     hearing on a tentative budget required under Section 17B-1-610.
2268          (d) Except to the extent that this section imposes more stringent notice requirements,
2269     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
2270     in holding the public hearing under Subsection (1)(a).
2271          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
2272     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
2273          (b) The local district board shall:
2274          (i) post the notice required under Subsection (2)(a) on the Utah Public Notice Website
2275     [established], created in Section 63A-12-201; and
2276          (ii) post at least one of the notices required under Subsection (2)(a) per 1,000
2277     population within the local district, at places within the local district that are most likely to
2278     provide actual notice to residents within the local district, subject to a maximum of 10 notices.
2279          (c) The notice described in Subsection (2)(b) shall state that the local district board
2280     intends to impose or increase a fee for a service provided by the local district and will hold a
2281     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
2282     seven days after the day the first notice is published, for the purpose of hearing comments
2283     regarding the proposed imposition or increase of a fee and to explain the reasons for the
2284     proposed imposition or increase.
2285          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
2286     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
2287     within the district who:
2288          (A) will be charged the fee for a district service, if the fee is being imposed for the first
2289     time; or
2290          (B) are being charged a fee, if the fee is proposed to be increased.

2291          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
2292          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
2293     fee.
2294          (e) If the hearing required under this section is combined with the public hearing
2295     required under Section 17B-1-610, the notice required under this Subsection (2):
2296          (i) may be combined with the notice required under Section 17B-1-609; and
2297          (ii) shall be posted or mailed in accordance with the notice provisions of this section.
2298          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
2299     evidence that notice was properly given.
2300          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
2301     within 30 days after the date of the hearing, the notice is considered adequate and proper.
2302          (3) After holding a public hearing under Subsection (1), a local district board may:
2303          (a) impose the new fee or increase the existing fee as proposed;
2304          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2305     then impose the new fee or increase the existing fee as adjusted; or
2306          (c) decline to impose the new fee or increase the existing fee.
2307          (4) This section applies to each new fee imposed and each increase of an existing fee
2308     that occurs on or after July 1, 1998.
2309          (5) (a) This section does not apply to an impact fee.
2310          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
2311     Impact Fees Act.
2312          Section 34. Section 17B-1-643 (Effective 07/01/21) is amended to read:
2313          17B-1-643 (Effective 07/01/21). Imposing or increasing a fee for service provided
2314     by local district.
2315          (1) (a) Before imposing a new fee or increasing an existing fee for a service provided
2316     by a local district, each local district board of trustees shall first hold a public hearing at which:
2317          (i) the local district shall demonstrate its need to impose or increase the fee; and
2318          (ii) any interested person may speak for or against the proposal to impose a fee or to
2319     increase an existing fee.
2320          (b) Each public hearing under Subsection (1)(a) shall be held in the evening beginning
2321     no earlier than 6 p.m.

2322          (c) A public hearing required under this Subsection (1) may be combined with a public
2323     hearing on a tentative budget required under Section 17B-1-610.
2324          (d) Except to the extent that this section imposes more stringent notice requirements,
2325     the local district board shall comply with Title 52, Chapter 4, Open and Public Meetings Act,
2326     in holding the public hearing under Subsection (1)(a).
2327          (2) (a) Each local district board shall give notice of a hearing under Subsection (1) as
2328     provided in Subsections (2)(b) and (c) or Subsection (2)(d).
2329          (b) The local district board shall:
2330          (i) post the notice required under Subsection (2)(a) on the Utah Public Notice Website
2331     [established], created in Section 63A-16-601; and
2332          (ii) post at least one of the notices required under Subsection (2)(a) per 1,000
2333     population within the local district, at places within the local district that are most likely to
2334     provide actual notice to residents within the local district, subject to a maximum of 10 notices.
2335          (c) The notice described in Subsection (2)(b) shall state that the local district board
2336     intends to impose or increase a fee for a service provided by the local district and will hold a
2337     public hearing on a certain day, time, and place fixed in the notice, which shall be not less than
2338     seven days after the day the first notice is published, for the purpose of hearing comments
2339     regarding the proposed imposition or increase of a fee and to explain the reasons for the
2340     proposed imposition or increase.
2341          (d) (i) In lieu of providing notice under Subsection (2)(b), the local district board of
2342     trustees may give the notice required under Subsection (2)(a) by mailing the notice to those
2343     within the district who:
2344          (A) will be charged the fee for a district service, if the fee is being imposed for the first
2345     time; or
2346          (B) are being charged a fee, if the fee is proposed to be increased.
2347          (ii) Each notice under Subsection (2)(d)(i) shall comply with Subsection (2)(c).
2348          (iii) A notice under Subsection (2)(d)(i) may accompany a district bill for an existing
2349     fee.
2350          (e) If the hearing required under this section is combined with the public hearing
2351     required under Section 17B-1-610, the notice required under this Subsection (2):
2352          (i) may be combined with the notice required under Section 17B-1-609; and

2353          (ii) shall be posted or mailed in accordance with the notice provisions of this section.
2354          (f) Proof that notice was given as provided in Subsection (2)(b) or (d) is prima facie
2355     evidence that notice was properly given.
2356          (g) If no challenge is made to the notice given of a hearing required by Subsection (1)
2357     within 30 days after the date of the hearing, the notice is considered adequate and proper.
2358          (3) After holding a public hearing under Subsection (1), a local district board may:
2359          (a) impose the new fee or increase the existing fee as proposed;
2360          (b) adjust the amount of the proposed new fee or the increase of the existing fee and
2361     then impose the new fee or increase the existing fee as adjusted; or
2362          (c) decline to impose the new fee or increase the existing fee.
2363          (4) This section applies to each new fee imposed and each increase of an existing fee
2364     that occurs on or after July 1, 1998.
2365          (5) (a) This section does not apply to an impact fee.
2366          (b) The imposition or increase of an impact fee is governed by Title 11, Chapter 36a,
2367     Impact Fees Act.
2368          Section 35. Section 17B-2a-705 (Superseded 07/01/21) is amended to read:
2369          17B-2a-705 (Superseded 07/01/21). Taxation -- Additional levy -- Election.
2370          (1) If a mosquito abatement district board of trustees determines that the funds required
2371     during the next ensuing fiscal year will exceed the maximum amount that the district is
2372     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
2373     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
2374     the district should be authorized to impose an additional tax to raise the necessary additional
2375     funds.
2376          (2) The board shall [publish] provide notice of the election:
2377          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
2378     the district, in places within the district that are most likely to give notice to the voters in the
2379     district, subject to a maximum of 10 notices; or
2380          (ii) at least four weeks before the day of the election, by mailing notice to each
2381     registered voter in the district;
2382          (b) by posting notice on the Utah Public Notice Website, created in Section
2383     63A-12-201, for four weeks before the day of the election; and

2384          (c) if the district has a website, by posting notice on the district's website for four
2385     weeks before the day of the election.
2386          (3) No particular form of ballot is required, and no informalities in conducting the
2387     election may invalidate the election, if it is otherwise fairly conducted.
2388          (4) At the election each ballot shall contain the words, "Shall the district be authorized
2389     to impose an additional tax to raise the additional sum of $____?"
2390          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
2391     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
2392     additional levy to raise the additional amount of money required.
2393          Section 36. Section 17B-2a-705 (Effective 07/01/21) is amended to read:
2394          17B-2a-705 (Effective 07/01/21). Taxation -- Additional levy -- Election.
2395          (1) If a mosquito abatement district board of trustees determines that the funds required
2396     during the next ensuing fiscal year will exceed the maximum amount that the district is
2397     authorized to levy under Subsection 17B-1-103(2)(g), the board of trustees may call an election
2398     on a date specified in Section 20A-1-204 and submit to district voters the question of whether
2399     the district should be authorized to impose an additional tax to raise the necessary additional
2400     funds.
2401          (2) The board shall [publish] provide notice of the election:
2402          (a) (i) by posting one notice, and at least one additional notice per 2,000 population of
2403     the district, in places within the district that are most likely to give notice to the voters in the
2404     district, subject to a maximum of 10 notices; or
2405          (ii) at least four weeks before the day of the election, by mailing notice to each
2406     registered voter in the district;
2407          (b) by posting notice on the Utah Public Notice Website, created in Section
2408     63A-16-601, for four weeks before the day of the election; and
2409          (c) if the district has a website, by posting notice on the district's website for four
2410     weeks before the day of the election.
2411          (3) No particular form of ballot is required, and no informalities in conducting the
2412     election may invalidate the election, if it is otherwise fairly conducted.
2413          (4) At the election each ballot shall contain the words, "Shall the district be authorized
2414     to impose an additional tax to raise the additional sum of $____?"

2415          (5) The board of trustees shall canvass the votes cast at the election, and, if a majority
2416     of the votes cast are in favor of the imposition of the tax, the district is authorized to impose an
2417     additional levy to raise the additional amount of money required.
2418          Section 37. Section 20A-1-206 is amended to read:
2419          20A-1-206. Cancellation of local election -- Municipalities -- Local districts --
2420     Notice.
2421          (1) A municipal legislative body may cancel a local election if:
2422          (a) (i) (A) all municipal officers are elected in an at-large election under Subsection
2423     10-3-205.5(1); and
2424          (B) the number of municipal officer candidates, including any eligible write-in
2425     candidates under Section 20A-9-601, for the at-large municipal offices does not exceed the
2426     number of open at-large municipal offices for which the candidates have filed; or
2427          (ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5(2);
2428          (B) the number of municipal officer candidates, including any eligible write-in
2429     candidates under Section 20A-9-601, for the at-large municipal offices, if any, does not exceed
2430     the number of open at-large municipal offices for which the candidates have filed; and
2431          (C) each municipal officer candidate, including any eligible write-in candidates under
2432     Section 20A-9-601, in each district is unopposed;
2433          (b) there are no other municipal ballot propositions; and
2434          (c) the municipal legislative body passes, no later than 20 days before the day of the
2435     scheduled election, a resolution that cancels the election and certifies that:
2436          (i) each municipal officer candidate is:
2437          (A) unopposed; or
2438          (B) a candidate for an at-large municipal office for which the number of candidates
2439     does not exceed the number of open at-large municipal offices; and
2440          (ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
2441          (2) A municipal legislative body that cancels a local election in accordance with
2442     Subsection (1) shall give notice that the election is cancelled by:
2443          (a) subject to Subsection (5), posting notice on the Statewide Electronic Voter
2444     Information Website as described in Section 20A-7-801, for 15 consecutive days before the day
2445     of the scheduled election;

2446          (b) if the municipality has a public website, posting notice on the municipality's public
2447     website for 15 days before the day of the scheduled election;
2448          (c) if the [municipality publishes a] elected officials or departments of the municipality
2449     regularly publish a printed or electronic newsletter or other periodical, publishing notice in the
2450     next scheduled newsletter or other periodical published before the day of the scheduled
2451     election;
2452          (d) (i) publishing notice at least twice in a newspaper of general circulation in the
2453     municipality before the day of the scheduled election;
2454          [(d) (i)] (ii) at least 10 days before the day of the scheduled election, posting one
2455     notice, and at least one additional notice per 2,000 population within the municipality, in places
2456     within the municipality that are most likely to give notice to the voters in the municipality,
2457     subject to a maximum of 10 notices; or
2458          [(ii)] (iii) at least 10 days before the day of the scheduled election, mailing notice to
2459     each registered voter in the municipality; and
2460          (e) posting notice on the Utah Public Notice Website, created in Section [63F-1-701]
2461     63A-12-201, for at least 10 days before the day of the scheduled election.
2462          (3) A local district board may cancel an election as described in Section 17B-1-306 if:
2463          (a) (i) (A) any local district officers are elected in an at-large election; and
2464          (B) the number of local district officer candidates for the at-large local district offices,
2465     including any eligible write-in candidates under Section 20A-9-601, does not exceed the
2466     number of open at-large local district offices for which the candidates have filed; or
2467          (ii) (A) the local district has divided the local district into divisions under Section
2468     17B-1-306.5;
2469          (B) the number of local district officer candidates, including any eligible write-in
2470     candidates under Section 20A-9-601, for the at-large local district offices within the local
2471     district, if any, does not exceed the number of open at-large local district offices for which the
2472     candidates have filed; and
2473          (C) each local district officer candidate, including any eligible write-in candidates
2474     under Section 20A-9-601, in each division of the local district is unopposed;
2475          (b) there are no other local district ballot propositions; and
2476          (c) the local district governing body, no later than 20 days before the day of the

2477     scheduled election, adopts a resolution that cancels the election and certifies that:
2478          (i) each local district officer candidate is:
2479          (A) unopposed; or
2480          (B) a candidate for an at-large local district office for which the number of candidates
2481     does not exceed the number of open at-large local district offices; and
2482          (ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
2483          (4) A local district that cancels a local election in accordance with Subsection (3) shall
2484     [publish] provide notice that the election is cancelled:
2485          (a) subject to Subsection (5), by posting notice on the Statewide Electronic Voter
2486     Information Website as described in Section 20A-7-801, for 15 consecutive days before the day
2487     of the scheduled election;
2488          (b) if the local district has a public website, by posting notice on the local district's
2489     public website for 15 days before the day of the scheduled election;
2490          (c) if the local district publishes a newsletter or other periodical, by publishing notice
2491     in the next scheduled newsletter or other periodical published before the day of the scheduled
2492     election;
2493          (d) (i) by publishing notice at least twice in a newspaper of general circulation in the
2494     local district before the scheduled election;
2495          [(d)] (ii) at least 10 days before the day of the scheduled election[: (i)], by posting one
2496     notice, and at least one additional notice per 2,000 population of the local district, in places
2497     within the local district that are most likely to give notice to the voters in the local district,
2498     subject to a maximum of 10 notices; or
2499          [(ii)] (iii) at least 10 days before the day of the scheduled election, by mailing notice to
2500     each registered voter in the local district; and
2501          (e) by posting notice on the Utah Public Notice Website, created in Section
2502     [63F-1-701] 63A-12-201, for at least 10 days before the day of the scheduled election.
2503          (5) A municipal legislative body that posts a notice in accordance with Subsection
2504     (2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for
2505     a notice that fails to post due to technical or other error by the publisher of the Statewide
2506     Electronic Voter Information Website.
2507          Section 38. Section 20A-3a-604 (Superseded 07/01/21) is amended to read:

2508          20A-3a-604 (Superseded 07/01/21). Notice of time and place of early voting.
2509          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
2510     election officer shall, at least 19 days before the date of the election, [publish] provide notice of
2511     the dates, times, and locations of early voting:
2512          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
2513     the county;
2514          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2515     population of the county, in places within the county that are most likely to give notice to the
2516     residents in the county, subject to a maximum of 10 notices; or
2517          [(ii)] (iii) by mailing notice to each registered voter in the county;
2518          (b) by posting [the] notice at each early voting polling place;
2519          (c) by posting notice on the Utah Public Notice Website, created in Section
2520     63A-12-201, for 19 days before the day of the election; and
2521          (d) by posting notice on the county's website for 19 days before the day of the election.
2522          (2) Instead of [publishing] specifying all dates, times, and locations of early voting
2523     [under Subsection (1), the election officer may publish a statement that specifies], a notice
2524     required under Subsection (1) may specify the following sources where a voter may view or
2525     obtain a copy of all dates, times, and locations of early voting:
2526          (a) the county's website;
2527          (b) the physical address of the county's offices; and
2528          (c) a mailing address and telephone number.
2529          (3) The election officer shall include in the notice described in Subsection (1):
2530          (a) the address of the Statewide Electronic Voter Information Website and, if available,
2531     the address of the election officer's website, with a statement indicating that the election officer
2532     will post on the website the location of each early voting polling place, including any changes
2533     to the location of an early voting polling place and the location of additional early voting
2534     polling places; and
2535          (b) a phone number that a voter may call to obtain information regarding the location
2536     of an early voting polling place.
2537          Section 39. Section 20A-3a-604 (Effective 07/01/21) is amended to read:
2538          20A-3a-604 (Effective 07/01/21). Notice of time and place of early voting.

2539          (1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the
2540     election officer shall, at least 19 days before the date of the election, [publish] provide notice of
2541     the dates, times, and locations of early voting:
2542          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
2543     the county;
2544          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2545     population of the county, in places within the county that are most likely to give notice to the
2546     residents in the county, subject to a maximum of 10 notices; or
2547          [(ii)] (iii) by mailing notice to each registered voter in the county;
2548          (b) by posting [the] notice at each early voting polling place;
2549          (c) by posting notice on the Utah Public Notice Website, created in Section
2550     63A-16-601, for 19 days before the day of the election; and
2551          (d) by posting notice on the county's website for 19 days before the day of the election.
2552          (2) Instead of [publishing] specifying all dates, times, and locations of early voting
2553     [under Subsection (1), the election officer may publish a statement that specifies], a notice
2554     required under Subsection (1) may specify the following sources where a voter may view or
2555     obtain a copy of all dates, times, and locations of early voting:
2556          (a) the county's website;
2557          (b) the physical address of the county's offices; and
2558          (c) a mailing address and telephone number.
2559          (3) The election officer shall include in the notice described in Subsection (1):
2560          (a) the address of the Statewide Electronic Voter Information Website and, if available,
2561     the address of the election officer's website, with a statement indicating that the election officer
2562     will post on the website the location of each early voting polling place, including any changes
2563     to the location of an early voting polling place and the location of additional early voting
2564     polling places; and
2565          (b) a phone number that a voter may call to obtain information regarding the location
2566     of an early voting polling place.
2567          Section 40. Section 20A-4-104 (Superseded 07/01/21) is amended to read:
2568          20A-4-104 (Superseded 07/01/21). Counting ballots electronically.
2569          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the

2570     election officer shall test the automatic tabulating equipment to ensure that it will accurately
2571     count the votes cast for all offices and all measures.
2572          (b) The election officer shall [publish] provide public notice of the time and place of
2573     the test:
2574          (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
2575     circulation in the county, municipality, or jurisdiction where the equipment is used;
2576          [(i)] (B) at least 10 days before the day of the test[: (A)] by posting one notice, and at
2577     least one additional notice per 2,000 population of the county, municipality, or jurisdiction, in
2578     places within the county, municipality, or jurisdiction that are most likely to give notice to the
2579     voters in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
2580          [(B)] (C) at least 10 days before the day of the test, by mailing notice to each registered
2581     voter in the county, municipality, or jurisdiction where the equipment is used;
2582          (ii) by posting notice on the Utah Public Notice Website, created in Section
2583     63A-12-201, for four weeks before the day of the test; and
2584          (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
2585     website for four weeks before the day of the test.
2586          (c) The election officer shall conduct the test by processing a preaudited group of
2587     ballots.
2588          (d) The election officer shall ensure that:
2589          (i) a predetermined number of valid votes for each candidate and measure are recorded
2590     on the ballots;
2591          (ii) for each office, one or more ballots have votes in excess of the number allowed by
2592     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
2593          (iii) a different number of valid votes are assigned to each candidate for an office, and
2594     for and against each measure.
2595          (e) If any error is detected, the election officer shall determine the cause of the error
2596     and correct it.
2597          (f) The election officer shall ensure that:
2598          (i) the automatic tabulating equipment produces an errorless count before beginning
2599     the actual counting; and
2600          (ii) the automatic tabulating equipment passes the same test at the end of the count

2601     before the election returns are approved as official.
2602          (2) (a) The election officer or the election officer's designee shall supervise and direct
2603     all proceedings at the counting center.
2604          (b) (i) Proceedings at the counting center are public and may be observed by interested
2605     persons.
2606          (ii) Only those persons authorized to participate in the count may touch any ballot or
2607     return.
2608          (c) The election officer shall deputize and administer an oath or affirmation to all
2609     persons who are engaged in processing and counting the ballots that they will faithfully
2610     perform their assigned duties.
2611          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
2612     automatic tabulating equipment, the election officer shall ensure that two counting judges
2613     jointly :
2614          (a) make a true replication of the ballot with an identifying serial number;
2615          (b) substitute the replicated ballot for the damaged or defective ballot;
2616          (c) label the replicated ballot "replicated"; and
2617          (d) record the replicated ballot's serial number on the damaged or defective ballot.
2618          (4) The election officer may:
2619          (a) conduct an unofficial count before conducting the official count in order to provide
2620     early unofficial returns to the public;
2621          (b) release unofficial returns from time to time after the polls close; and
2622          (c) report the progress of the count for each candidate during the actual counting of
2623     ballots.
2624          (5) Beginning on the day after the date of the election, if an election officer releases
2625     early unofficial returns or reports the progress of the count for each candidate under Subsection
2626     (4), the election officer shall, with each release or report, disclose an estimate of the total
2627     number of voted ballots in the election officer's custody that have not yet been counted.
2628          (6) The election officer shall review and evaluate the provisional ballot envelopes and
2629     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
2630          (7) (a) The election officer or the election officer's designee shall:
2631          (i) separate, count, and tabulate any ballots containing valid write-in votes; and

2632          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
2633          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
2634     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
2635     count the valid write-in vote as being the obvious intent of the voter.
2636          (8) (a) The election officer shall certify the return printed by the automatic tabulating
2637     equipment, to which have been added write-in and absentee votes, as the official return of each
2638     voting precinct.
2639          (b) Upon completion of the count, the election officer shall make official returns open
2640     to the public.
2641          (9) If for any reason it becomes impracticable to count all or a part of the ballots with
2642     tabulating equipment, the election officer may direct that they be counted manually according
2643     to the procedures and requirements of this part.
2644          (10) After the count is completed, the election officer shall seal and retain the
2645     programs, test materials, and ballots as provided in Section 20A-4-202.
2646          Section 41. Section 20A-4-104 (Effective 07/01/21) is amended to read:
2647          20A-4-104 (Effective 07/01/21). Counting ballots electronically.
2648          (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
2649     election officer shall test the automatic tabulating equipment to ensure that it will accurately
2650     count the votes cast for all offices and all measures.
2651          (b) The election officer shall [publish] provide public notice of the time and place of
2652     the test:
2653          (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
2654     circulation in the county, municipality, or jurisdiction where the equipment is used;
2655          [(i)] (B) at least 10 days before the day of the test[: (A)], by posting one notice, and at
2656     least one additional notice per 2,000 population of the county, municipality, or jurisdiction, in
2657     places within the county, municipality, or jurisdiction that are most likely to give notice to the
2658     voters in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
2659          [(B)] (C) at least 10 days before the day of the test, by mailing notice to each registered
2660     voter in the county, municipality, or jurisdiction where the equipment is used;
2661          (ii) by posting notice on the Utah Public Notice Website, created in Section
2662     63A-16-601, for four weeks before the day of the test; and

2663          (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
2664     website for four weeks before the day of the test.
2665          (c) The election officer shall conduct the test by processing a preaudited group of
2666     ballots.
2667          (d) The election officer shall ensure that:
2668          (i) a predetermined number of valid votes for each candidate and measure are recorded
2669     on the ballots;
2670          (ii) for each office, one or more ballots have votes in excess of the number allowed by
2671     law in order to test the ability of the automatic tabulating equipment to reject those votes; and
2672          (iii) a different number of valid votes are assigned to each candidate for an office, and
2673     for and against each measure.
2674          (e) If any error is detected, the election officer shall determine the cause of the error
2675     and correct it.
2676          (f) The election officer shall ensure that:
2677          (i) the automatic tabulating equipment produces an errorless count before beginning
2678     the actual counting; and
2679          (ii) the automatic tabulating equipment passes the same test at the end of the count
2680     before the election returns are approved as official.
2681          (2) (a) The election officer or the election officer's designee shall supervise and direct
2682     all proceedings at the counting center.
2683          (b) (i) Proceedings at the counting center are public and may be observed by interested
2684     persons.
2685          (ii) Only those persons authorized to participate in the count may touch any ballot or
2686     return.
2687          (c) The election officer shall deputize and administer an oath or affirmation to all
2688     persons who are engaged in processing and counting the ballots that they will faithfully
2689     perform their assigned duties.
2690          (3) If any ballot is damaged or defective so that it cannot properly be counted by the
2691     automatic tabulating equipment, the election officer shall ensure that two counting judges
2692     jointly :
2693          (a) make a true replication of the ballot with an identifying serial number;

2694          (b) substitute the replicated ballot for the damaged or defective ballot;
2695          (c) label the replicated ballot "replicated"; and
2696          (d) record the replicated ballot's serial number on the damaged or defective ballot.
2697          (4) The election officer may:
2698          (a) conduct an unofficial count before conducting the official count in order to provide
2699     early unofficial returns to the public;
2700          (b) release unofficial returns from time to time after the polls close; and
2701          (c) report the progress of the count for each candidate during the actual counting of
2702     ballots.
2703          (5) Beginning on the day after the date of the election, if an election officer releases
2704     early unofficial returns or reports the progress of the count for each candidate under Subsection
2705     (4), the election officer shall, with each release or report, disclose an estimate of the total
2706     number of voted ballots in the election officer's custody that have not yet been counted.
2707          (6) The election officer shall review and evaluate the provisional ballot envelopes and
2708     prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
2709          (7) (a) The election officer or the election officer's designee shall:
2710          (i) separate, count, and tabulate any ballots containing valid write-in votes; and
2711          (ii) complete the standard form provided by the clerk for recording valid write-in votes.
2712          (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
2713     more votes for an office than that voter is entitled to vote for that office, the poll workers shall
2714     count the valid write-in vote as being the obvious intent of the voter.
2715          (8) (a) The election officer shall certify the return printed by the automatic tabulating
2716     equipment, to which have been added write-in and absentee votes, as the official return of each
2717     voting precinct.
2718          (b) Upon completion of the count, the election officer shall make official returns open
2719     to the public.
2720          (9) If for any reason it becomes impracticable to count all or a part of the ballots with
2721     tabulating equipment, the election officer may direct that they be counted manually according
2722     to the procedures and requirements of this part.
2723          (10) After the count is completed, the election officer shall seal and retain the
2724     programs, test materials, and ballots as provided in Section 20A-4-202.

2725          Section 42. Section 20A-4-304 (Superseded 07/01/21) is amended to read:
2726          20A-4-304 (Superseded 07/01/21). Declaration of results -- Canvassers' report.
2727          (1) Each board of canvassers shall:
2728          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
2729     declare "elected" or "nominated" those persons who:
2730          (i) had the highest number of votes; and
2731          (ii) sought election or nomination to an office completely within the board's
2732     jurisdiction;
2733          (b) declare:
2734          (i) "approved" those ballot propositions that:
2735          (A) had more "yes" votes than "no" votes; and
2736          (B) were submitted only to the voters within the board's jurisdiction;
2737          (ii) "rejected" those ballot propositions that:
2738          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
2739     votes; and
2740          (B) were submitted only to the voters within the board's jurisdiction;
2741          (c) certify the vote totals for persons and for and against ballot propositions that were
2742     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
2743     the lieutenant governor; and
2744          (d) if applicable, certify the results of each local district election to the local district
2745     clerk.
2746          (2) As soon as the result is declared, the election officer shall prepare a report of the
2747     result, which shall contain:
2748          (a) the total number of votes cast in the board's jurisdiction;
2749          (b) the names of each candidate whose name appeared on the ballot;
2750          (c) the title of each ballot proposition that appeared on the ballot;
2751          (d) each office that appeared on the ballot;
2752          (e) from each voting precinct:
2753          (i) the number of votes for each candidate;
2754          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
2755     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each

2756     potential ballot-counting phase and the name of the candidate excluded in each canvassing
2757     phase; and
2758          (iii) the number of votes for and against each ballot proposition;
2759          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
2760     and against each ballot proposition;
2761          (g) the number of ballots that were rejected; and
2762          (h) a statement certifying that the information contained in the report is accurate.
2763          (3) The election officer and the board of canvassers shall:
2764          (a) review the report to ensure that it is correct; and
2765          (b) sign the report.
2766          (4) The election officer shall:
2767          (a) record or file the certified report in a book kept for that purpose;
2768          (b) prepare and transmit a certificate of nomination or election under the officer's seal
2769     to each nominated or elected candidate;
2770          (c) publish a copy of the certified report in accordance with Subsection (5); and
2771          (d) file a copy of the certified report with the lieutenant governor.
2772          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
2773     days after the day on which the board of canvassers declares the election results, [publish]
2774     publicize the certified report described in Subsection (2):
2775          (a) (i) by publishing notice at least once in a newspaper of general circulation within
2776     the jurisdiction;
2777          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2778     population of the jurisdiction, in places within the jurisdiction that are most likely to give
2779     notice to the residents of the jurisdiction, subject to a maximum of 10 notices; or
2780          [(ii)] (iii) by mailing notice to each residence within the jurisdiction;
2781          (b) by posting notice on the Utah Public Notice Website, created in Section
2782     63A-12-201, for one week; and
2783          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
2784     one week.
2785          (6) Instead of [publishing] including a copy of the entire certified report [under
2786     Subsection (5), the election officer may publish], a notice required under Subsection (5) may

2787     contain a statement that:
2788          (a) includes the following: "The Board of Canvassers for [indicate name of
2789     jurisdiction] has prepared a report of the election results for the [indicate type and date of
2790     election]."; and
2791          (b) specifies the following sources where an individual may view or obtain a copy of
2792     the entire certified report:
2793          (i) if the jurisdiction has a website, the jurisdiction's website;
2794          (ii) the physical address for the jurisdiction; and
2795          (iii) a mailing address and telephone number.
2796          (7) When there has been a regular general or a statewide special election for statewide
2797     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
2798     or more county ballot proposition, each board of canvassers shall:
2799          (a) prepare a separate report detailing the number of votes for each candidate and the
2800     number of votes for and against each ballot proposition; and
2801          (b) transmit the separate report by registered mail to the lieutenant governor.
2802          (8) In each county election, municipal election, school election, local district election,
2803     and local special election, the election officer shall transmit the reports to the lieutenant
2804     governor within 14 days after the date of the election.
2805          (9) In a regular primary election and in a presidential primary election, the board shall
2806     transmit to the lieutenant governor:
2807          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
2808     governor not later than the second Tuesday after the election; and
2809          (b) a complete tabulation showing voting totals for all primary races, precinct by
2810     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
2811     primary election.
2812          Section 43. Section 20A-4-304 (Effective 07/01/21) is amended to read:
2813          20A-4-304 (Effective 07/01/21). Declaration of results -- Canvassers' report.
2814          (1) Each board of canvassers shall:
2815          (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
2816     declare "elected" or "nominated" those persons who:
2817          (i) had the highest number of votes; and

2818          (ii) sought election or nomination to an office completely within the board's
2819     jurisdiction;
2820          (b) declare:
2821          (i) "approved" those ballot propositions that:
2822          (A) had more "yes" votes than "no" votes; and
2823          (B) were submitted only to the voters within the board's jurisdiction;
2824          (ii) "rejected" those ballot propositions that:
2825          (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
2826     votes; and
2827          (B) were submitted only to the voters within the board's jurisdiction;
2828          (c) certify the vote totals for persons and for and against ballot propositions that were
2829     submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
2830     the lieutenant governor; and
2831          (d) if applicable, certify the results of each local district election to the local district
2832     clerk.
2833          (2) As soon as the result is declared, the election officer shall prepare a report of the
2834     result, which shall contain:
2835          (a) the total number of votes cast in the board's jurisdiction;
2836          (b) the names of each candidate whose name appeared on the ballot;
2837          (c) the title of each ballot proposition that appeared on the ballot;
2838          (d) each office that appeared on the ballot;
2839          (e) from each voting precinct:
2840          (i) the number of votes for each candidate;
2841          (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
2842     Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
2843     potential ballot-counting phase and the name of the candidate excluded in each canvassing
2844     phase; and
2845          (iii) the number of votes for and against each ballot proposition;
2846          (f) the total number of votes given in the board's jurisdiction to each candidate, and for
2847     and against each ballot proposition;
2848          (g) the number of ballots that were rejected; and

2849          (h) a statement certifying that the information contained in the report is accurate.
2850          (3) The election officer and the board of canvassers shall:
2851          (a) review the report to ensure that it is correct; and
2852          (b) sign the report.
2853          (4) The election officer shall:
2854          (a) record or file the certified report in a book kept for that purpose;
2855          (b) prepare and transmit a certificate of nomination or election under the officer's seal
2856     to each nominated or elected candidate;
2857          (c) publish a copy of the certified report in accordance with Subsection (5); and
2858          (d) file a copy of the certified report with the lieutenant governor.
2859          (5) Except as provided in Subsection (6), the election officer shall, no later than seven
2860     days after the day on which the board of canvassers declares the election results, [publish]
2861     publicize the certified report described in Subsection (2):
2862          (a) (i) by publishing notice at least once in a newspaper of general circulation within
2863     the jurisdiction;
2864          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
2865     population of the jurisdiction, in places within the jurisdiction that are most likely to give
2866     notice to the residents of the jurisdiction, subject to a maximum of 10 notices; or
2867          [(ii)] (iii) by mailing notice to each residence within the jurisdiction;
2868          (b) by posting notice on the Utah Public Notice Website, created in Section
2869     63A-16-601, for one week; and
2870          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
2871     one week.
2872          (6) Instead of [publishing] including a copy of the entire certified report [under
2873     Subsection (5), the election officer may publish], a notice required under Subsection (5) may
2874     contain a statement that:
2875          (a) includes the following: "The Board of Canvassers for [indicate name of
2876     jurisdiction] has prepared a report of the election results for the [indicate type and date of
2877     election]."; and
2878          (b) specifies the following sources where an individual may view or obtain a copy of
2879     the entire certified report:

2880          (i) if the jurisdiction has a website, the jurisdiction's website;
2881          (ii) the physical address for the jurisdiction; and
2882          (iii) a mailing address and telephone number.
2883          (7) When there has been a regular general or a statewide special election for statewide
2884     officers, for officers that appear on the ballot in more than one county, or for a statewide or two
2885     or more county ballot proposition, each board of canvassers shall:
2886          (a) prepare a separate report detailing the number of votes for each candidate and the
2887     number of votes for and against each ballot proposition; and
2888          (b) transmit the separate report by registered mail to the lieutenant governor.
2889          (8) In each county election, municipal election, school election, local district election,
2890     and local special election, the election officer shall transmit the reports to the lieutenant
2891     governor within 14 days after the date of the election.
2892          (9) In a regular primary election and in a presidential primary election, the board shall
2893     transmit to the lieutenant governor:
2894          (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
2895     governor not later than the second Tuesday after the election; and
2896          (b) a complete tabulation showing voting totals for all primary races, precinct by
2897     precinct, to be mailed to the lieutenant governor on or before the third Friday following the
2898     primary election.
2899          Section 44. Section 20A-5-101 (Superseded 07/01/21) is amended to read:
2900          20A-5-101 (Superseded 07/01/21). Notice of election.
2901          (1) On or before November 15 in the year before each regular general election year, the
2902     lieutenant governor shall prepare and transmit a written notice to each county clerk that:
2903          (a) designates the offices to be filled at the next year's regular general election;
2904          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
2905     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
2906     and 20A-9-408 for those offices; and
2907          (c) contains a description of any ballot propositions to be decided by the voters that
2908     have qualified for the ballot as of that date.
2909          (2) (a) No later than seven business days after the day on which the lieutenant governor
2910     transmits the written notice described in Subsection (1), each county clerk shall [publish]

2911     provide notice, in accordance with Subsection (3):
2912          [(a) (i)] (i) by posting notice in a conspicuous place most likely to give notice of the
2913     election to the voters in each voting precinct within the county; [and]
2914          [(ii) prepare an affidavit of the posting, showing a copy of the notice and the places
2915     where the notice was posted;]
2916          (ii) (A) by publishing notice in a newspaper of general circulation in the county;
2917          [(b) (i)] (B) by posting one notice, and at least one additional notice per 2,000
2918     population of the county, in places within the county that are most likely to give notice of the
2919     election to the voters in the county, subject to a maximum of 10 notices; or
2920          [(ii)] (C) by mailing notice to each registered voter in the county;
2921          [(c)] (iii) by posting notice on the Utah Public Notice Website, created in Section
2922     63A-12-201, for seven days before the day of the election; and
2923          [(d)] (iv) by posting notice on the county's website for seven days before the day of the
2924     election.
2925          (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
2926     showing a copy of the notice and the places where the notice was posted.
2927          (3) The notice described in Subsection (2) shall:
2928          (a) designate the offices to be voted on in that election; and
2929          (b) identify the dates for filing a declaration of candidacy for those offices.
2930          (4) Except as provided in Subsection (6), before each election, the election officer shall
2931     give printed notice of the following information:
2932          (a) the date of election;
2933          (b) the hours during which the polls will be open;
2934          (c) the polling places for each voting precinct, early voting polling place, and election
2935     day voting center;
2936          (d) the address of the Statewide Electronic Voter Information Website and, if available,
2937     the address of the election officer's website, with a statement indicating that the election officer
2938     will post on the website any changes to the location of a polling place and the location of any
2939     additional polling place;
2940          (e) a phone number that a voter may call to obtain information regarding the location of
2941     a polling place; and

2942          (f) the qualifications for persons to vote in the election.
2943          (5) [To provide the printed notice described in Subsection (4), the] The election officer
2944     shall [publish] provide the notice described in Subsection (4):
2945          (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
2946     to which the election pertains, at least two days before the day of the election;
2947          [(a) (i)] (ii) at least two days before the day of the election, by posting one notice, and
2948     at least one additional notice per 2,000 population of the jurisdiction, in places within the
2949     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
2950     subject to a maximum of 10 notices; or
2951          [(ii)] (iii) by mailing the notice to each registered voter who resides in the jurisdiction
2952     to which the election pertains at least five days before the day of the election;
2953          (b) by posting notice on the Utah Public Notice Website, created in Section
2954     63A-12-201, for two days before the day of the election; and
2955          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
2956     two days before the day of the election.
2957          (6) Instead of including the information described in Subsection (4) in the notice, the
2958     election officer may give printed notice that:
2959          (a) is entitled "Notice of Election";
2960          (b) includes the following: "A [indicate election type] will be held in [indicate the
2961     jurisdiction] on [indicate date of election]. Information relating to the election, including
2962     polling places, polling place hours, and qualifications of voters may be obtained from the
2963     following sources:"; and
2964          (c) specifies the following sources where an individual may view or obtain the
2965     information described in Subsection (4):
2966          (i) if the jurisdiction has a website, the jurisdiction's website;
2967          (ii) the physical address of the jurisdiction offices; and
2968          (iii) a mailing address and telephone number.
2969          Section 45. Section 20A-5-101 (Effective 07/01/21) is amended to read:
2970          20A-5-101 (Effective 07/01/21). Notice of election.
2971          (1) On or before November 15 in the year before each regular general election year, the
2972     lieutenant governor shall prepare and transmit a written notice to each county clerk that:

2973          (a) designates the offices to be filled at the next year's regular general election;
2974          (b) identifies the dates for filing a declaration of candidacy, and for submitting and
2975     certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
2976     and 20A-9-408 for those offices; and
2977          (c) contains a description of any ballot propositions to be decided by the voters that
2978     have qualified for the ballot as of that date.
2979          (2) (a) No later than seven business days after the day on which the lieutenant governor
2980     transmits the written notice described in Subsection (1), each county clerk shall [publish]
2981     provide notice, in accordance with Subsection (3):
2982          [(a) (i)] (i) by posting notice in a conspicuous place most likely to give notice of the
2983     election to the voters in each voting precinct within the county; [and]
2984          [(ii) prepare an affidavit of the posting, showing a copy of the notice and the places
2985     where the notice was posted;]
2986          (ii) (A) by publishing notice in a newspaper of general circulation in the county;
2987          [(b) (i)] (B) by posting one notice, and at least one additional notice per 2,000
2988     population of the county, in places within the county that are most likely to give notice of the
2989     election to the voters in the county, subject to a maximum of 10 notices; or
2990          [(ii)] (C) by mailing notice to each registered voter in the county;
2991          [(c)] (iii) by posting notice on the Utah Public Notice Website, created in Section
2992     63A-16-601, for seven days before the day of the election; and
2993          [(d)] (iv) by posting notice on the county's website for seven days before the day of the
2994     election.
2995          (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
2996     showing a copy of the notice and the places where the notice was posted.
2997          (3) The notice described in Subsection (2) shall:
2998          (a) designate the offices to be voted on in that election; and
2999          (b) identify the dates for filing a declaration of candidacy for those offices.
3000          (4) Except as provided in Subsection (6), before each election, the election officer shall
3001     give printed notice of the following information:
3002          (a) the date of election;
3003          (b) the hours during which the polls will be open;

3004          (c) the polling places for each voting precinct, early voting polling place, and election
3005     day voting center;
3006          (d) the address of the Statewide Electronic Voter Information Website and, if available,
3007     the address of the election officer's website, with a statement indicating that the election officer
3008     will post on the website any changes to the location of a polling place and the location of any
3009     additional polling place;
3010          (e) a phone number that a voter may call to obtain information regarding the location of
3011     a polling place; and
3012          (f) the qualifications for persons to vote in the election.
3013          (5) [To provide the printed notice described in Subsection (4), the] The election officer
3014     shall [publish] provide the notice described in Subsection (4):
3015          (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
3016     to which the election pertains, at least two days before the day of the election;
3017          [(a) (i)] (ii) at least two days before the day of the election, by posting one notice, and
3018     at least one additional notice per 2,000 population of the jurisdiction, in places within the
3019     jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction,
3020     subject to a maximum of 10 notices; or
3021          [(ii)] (iii) by mailing the notice to each registered voter who resides in the jurisdiction
3022     to which the election pertains at least five days before the day of the election;
3023          (b) by posting notice on the Utah Public Notice Website, created in Section
3024     63A-16-601, for two days before the day of the election; and
3025          (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
3026     two days before the day of the election.
3027          (6) Instead of including the information described in Subsection (4) in the notice, the
3028     election officer may give printed notice that:
3029          (a) is entitled "Notice of Election";
3030          (b) includes the following: "A [indicate election type] will be held in [indicate the
3031     jurisdiction] on [indicate date of election]. Information relating to the election, including
3032     polling places, polling place hours, and qualifications of voters may be obtained from the
3033     following sources:"; and
3034          (c) specifies the following sources where an individual may view or obtain the

3035     information described in Subsection (4):
3036          (i) if the jurisdiction has a website, the jurisdiction's website;
3037          (ii) the physical address of the jurisdiction offices; and
3038          (iii) a mailing address and telephone number.
3039          Section 46. Section 20A-5-403.5 (Superseded 07/01/21) is amended to read:
3040          20A-5-403.5 (Superseded 07/01/21). Ballot drop boxes.
3041          (1) An election officer:
3042          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
3043          (b) shall clearly mark each ballot drop box as an official ballot drop box for the
3044     election officer's jurisdiction.
3045          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
3046     shall, at least 19 days before the date of the election, [publish] provide notice of the location of
3047     each ballot drop box designated under Subsection (1):
3048          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
3049     the jurisdiction holding the election;
3050          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
3051     population of the jurisdiction holding the election, in places within the jurisdiction that are
3052     most likely to give notice to the residents in the jurisdiction, subject to a maximum of 10
3053     notices; or
3054          [(ii)] (iii) by mailing notice to each registered voter in the jurisdiction holding the
3055     election;
3056          (b) by posting notice on the Utah Public Notice Website, created in Section
3057     63A-12-201, for 19 days before the day of the election; and
3058          (c) by posting notice on the jurisdiction's website for 19 days before the day of the
3059     election.
3060          (3) Instead of [publishing] including the location of ballot drop boxes, a notice required
3061     under Subsection (2)[, the election officer may publish a statement that specifies] may specify
3062     the following sources where a voter may view or obtain a copy of all ballot drop box locations:
3063          (a) the jurisdiction's website;
3064          (b) the physical address of the jurisdiction's offices; and
3065          (c) a mailing address and telephone number.

3066          (4) The election officer shall include in the notice described in Subsection (2):
3067          (a) the address of the Statewide Electronic Voter Information Website and, if available,
3068     the address of the election officer's website, with a statement indicating that the election officer
3069     will post on the website the location of each ballot drop box, including any changes to the
3070     location of a ballot drop box and the location of additional ballot drop boxes; and
3071          (b) a phone number that a voter may call to obtain information regarding the location
3072     of a ballot drop box.
3073          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3074     deadline described in Subsection (2):
3075          (i) if necessary, change the location of a ballot drop box; or
3076          (ii) if the election officer determines that the number of ballot drop boxes is
3077     insufficient due to the number of registered voters who are voting, designate additional ballot
3078     drop boxes.
3079          (b) Except as provided in Section 20A-1-308, if an election officer changes the
3080     location of a ballot box or designates an additional ballot drop box location, the election officer
3081     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
3082     the additional ballot drop box location:
3083          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
3084          (ii) by posting the information on the website of the election officer, if available; and
3085          (iii) by posting notice:
3086          (A) for a change in the location of a ballot drop box, at the new location and, if
3087     possible, the old location; and
3088          (B) for an additional ballot drop box location, at the additional ballot drop box
3089     location.
3090          (6) An election officer may, at any time, authorize two or more poll workers to remove
3091     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
3092          Section 47. Section 20A-5-403.5 (Effective 07/01/21) is amended to read:
3093          20A-5-403.5 (Effective 07/01/21). Ballot drop boxes.
3094          (1) An election officer:
3095          (a) may designate ballot drop boxes for the election officer's jurisdiction; and
3096          (b) shall clearly mark each ballot drop box as an official ballot drop box for the

3097     election officer's jurisdiction.
3098          (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
3099     shall, at least 19 days before the date of the election, [publish] provide notice of the location of
3100     each ballot drop box designated under Subsection (1):
3101          (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
3102     the jurisdiction holding the election;
3103          [(a) (i)] (ii) by posting one notice, and at least one additional notice per 2,000
3104     population of the jurisdiction holding the election, in places within the jurisdiction that are
3105     most likely to give notice to the residents in the jurisdiction, subject to a maximum of 10
3106     notices; or
3107          [(ii)] (iii) by mailing notice to each registered voter in the jurisdiction holding the
3108     election;
3109          (b) by posting notice on the Utah Public Notice Website, created in Section
3110     63A-16-601, for 19 days before the day of the election; and
3111          (c) by posting notice on the jurisdiction's website for 19 days before the day of the
3112     election.
3113          (3) Instead of [publishing] including the location of ballot drop boxes, a notice required
3114     under Subsection (2)[, the election officer may publish a statement that specifies] may specify
3115     the following sources where a voter may view or obtain a copy of all ballot drop box locations:
3116          (a) the jurisdiction's website;
3117          (b) the physical address of the jurisdiction's offices; and
3118          (c) a mailing address and telephone number.
3119          (4) The election officer shall include in the notice described in Subsection (2):
3120          (a) the address of the Statewide Electronic Voter Information Website and, if available,
3121     the address of the election officer's website, with a statement indicating that the election officer
3122     will post on the website the location of each ballot drop box, including any changes to the
3123     location of a ballot drop box and the location of additional ballot drop boxes; and
3124          (b) a phone number that a voter may call to obtain information regarding the location
3125     of a ballot drop box.
3126          (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
3127     deadline described in Subsection (2):

3128          (i) if necessary, change the location of a ballot drop box; or
3129          (ii) if the election officer determines that the number of ballot drop boxes is
3130     insufficient due to the number of registered voters who are voting, designate additional ballot
3131     drop boxes.
3132          (b) Except as provided in Section 20A-1-308, if an election officer changes the
3133     location of a ballot box or designates an additional ballot drop box location, the election officer
3134     shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
3135     the additional ballot drop box location:
3136          (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
3137          (ii) by posting the information on the website of the election officer, if available; and
3138          (iii) by posting notice:
3139          (A) for a change in the location of a ballot drop box, at the new location and, if
3140     possible, the old location; and
3141          (B) for an additional ballot drop box location, at the additional ballot drop box
3142     location.
3143          (6) An election officer may, at any time, authorize two or more poll workers to remove
3144     a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
3145          Section 48. Section 20A-5-405 (Superseded 07/01/21) is amended to read:
3146          20A-5-405 (Superseded 07/01/21). Election officer to provide ballots.
3147          (1) An election officer shall:
3148          (a) provide ballots for every election of public officers in which the voters, or any of
3149     the voters, within the election officer's jurisdiction participate;
3150          (b) cause the name of every candidate whose nomination has been certified to or filed
3151     with the election officer in the manner provided by law to be included on each ballot;
3152          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
3153     be included on each ballot;
3154          (d) ensure that the ballots are prepared and in the possession of the election officer
3155     before commencement of voting;
3156          (e) allow candidates and their agents and the sponsors of ballot propositions that have
3157     qualified for the official ballot to inspect the ballots;
3158          (f) cause sample ballots to be printed that are in the same form as official ballots and

3159     that contain the same information as official ballots but that are printed on different colored
3160     paper than official ballots or are identified by a watermark;
3161          (g) ensure that the sample ballots are printed and in the possession of the election
3162     officer at least seven days before commencement of voting;
3163          (h) make the sample ballots available for public inspection by:
3164          (i) posting a copy of the sample ballot in the election officer's office at least seven days
3165     before commencement of voting;
3166          (ii) mailing a copy of the sample ballot to:
3167          (A) each candidate listed on the ballot; and
3168          (B) the lieutenant governor;
3169          (iii) [publishing] publicizing a copy of the sample ballot:
3170          (A) at least seven days before the day of the election, by posting one copy of the
3171     sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3172     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
3173     the jurisdiction, subject to a maximum of 10 notices; or
3174          (B) at least 10 days before the day of the election, by mailing a copy of the sample
3175     ballot to each registered voter who resides in the jurisdiction holding the election;
3176          (iv) [publishing] posting a copy of the sample ballot on the Utah Public Notice
3177     Website, created in Section 63A-12-201, for seven days before the day of the election; and
3178          (v) if the jurisdiction has a website, [publishing] posting a copy of the sample ballot on
3179     the jurisdiction's website for at least seven days before the day of the election;
3180          (i) deliver at least five copies of the sample ballot to poll workers for each polling
3181     place and direct them to post the sample ballots as required by Section 20A-5-102; and
3182          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
3183     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
3184     each voting precinct.
3185          (2) Instead of [publishing] posting the entire sample ballot under Subsection
3186     (1)(h)(iii)(A), the election officer may [publish] post a statement that:
3187          (a) is entitled, "sample ballot";
3188          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
3189     upcoming [indicate type and date of election] may be obtained from the following sources:";

3190     and
3191          (c) specifies the following sources where an individual may view or obtain a copy of
3192     the sample ballot:
3193          (i) if the jurisdiction has a website, the jurisdiction's website;
3194          (ii) the physical address of the jurisdiction's offices; and
3195          (iii) a mailing address and telephone number.
3196          (3) (a) Each election officer shall, without delay, correct any error discovered in any
3197     ballot, if the correction can be made without interfering with the timely distribution of the
3198     ballots.
3199          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
3200     not possible to correct the error or omission, the election officer shall direct the poll workers to
3201     make the necessary corrections on the manual ballots before the ballots are distributed.
3202          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
3203     not possible to correct the error or omission by revising the electronic ballot, the election
3204     officer shall direct the poll workers to post notice of each error or omission with instructions on
3205     how to correct each error or omission in a prominent position at each polling booth.
3206          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
3207     candidate or a candidate's agent may file a verified petition with the district court asserting that:
3208          (A) an error or omission has occurred in:
3209          (I) the publication of the name or description of a candidate;
3210          (II) the preparation or display of an electronic ballot; or
3211          (III) in the printing of sample or official manual ballots; and
3212          (B) the election officer has failed to correct or provide for the correction of the error or
3213     omission.
3214          (ii) The district court shall issue an order requiring correction of any error in a ballot or
3215     an order to show cause why the error should not be corrected if it appears to the court that the
3216     error or omission has occurred and the election officer has failed to correct or provide for the
3217     correction of the error or omission.
3218          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
3219     Supreme Court within five days after the day on which the district court enters the decision.
3220          Section 49. Section 20A-5-405 (Effective 07/01/21) is amended to read:

3221          20A-5-405 (Effective 07/01/21). Election officer to provide ballots.
3222          (1) An election officer shall:
3223          (a) provide ballots for every election of public officers in which the voters, or any of
3224     the voters, within the election officer's jurisdiction participate;
3225          (b) cause the name of every candidate whose nomination has been certified to or filed
3226     with the election officer in the manner provided by law to be included on each ballot;
3227          (c) cause any ballot proposition that has qualified for the ballot as provided by law to
3228     be included on each ballot;
3229          (d) ensure that the ballots are prepared and in the possession of the election officer
3230     before commencement of voting;
3231          (e) allow candidates and their agents and the sponsors of ballot propositions that have
3232     qualified for the official ballot to inspect the ballots;
3233          (f) cause sample ballots to be printed that are in the same form as official ballots and
3234     that contain the same information as official ballots but that are printed on different colored
3235     paper than official ballots or are identified by a watermark;
3236          (g) ensure that the sample ballots are printed and in the possession of the election
3237     officer at least seven days before commencement of voting;
3238          (h) make the sample ballots available for public inspection by:
3239          (i) posting a copy of the sample ballot in the election officer's office at least seven days
3240     before commencement of voting;
3241          (ii) mailing a copy of the sample ballot to:
3242          (A) each candidate listed on the ballot; and
3243          (B) the lieutenant governor;
3244          (iii) [publishing] publicizing a copy of the sample ballot:
3245          (A) at least seven days before the day of the election, by posting one copy of the
3246     sample ballot, and at least one additional copy of the sample ballot per 2,000 population of the
3247     jurisdiction, in places within the jurisdiction that are most likely to give notice to the voters in
3248     the jurisdiction, subject to a maximum of 10 notices; or
3249          (B) at least 10 days before the day of the election, by mailing a copy of the sample
3250     ballot to each registered voter who resides in the jurisdiction holding the election;
3251          (iv) [publishing] posting a copy of the sample ballot on the Utah Public Notice

3252     Website, created in Section 63A-16-601, for seven days before the day of the election; and
3253          (v) if the jurisdiction has a website, [publishing] posting a copy of the sample ballot on
3254     the jurisdiction's website for at least seven days before the day of the election;
3255          (i) deliver at least five copies of the sample ballot to poll workers for each polling
3256     place and direct them to post the sample ballots as required by Section 20A-5-102; and
3257          (j) print and deliver, at the expense of the jurisdiction conducting the election, enough
3258     ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in
3259     each voting precinct.
3260          (2) Instead of [publishing] posting the entire sample ballot under Subsection
3261     (1)(h)(iii)(A), the election officer may [publish] post a statement that:
3262          (a) is entitled, "sample ballot";
3263          (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the
3264     upcoming [indicate type and date of election] may be obtained from the following sources:";
3265     and
3266          (c) specifies the following sources where an individual may view or obtain a copy of
3267     the sample ballot:
3268          (i) if the jurisdiction has a website, the jurisdiction's website;
3269          (ii) the physical address of the jurisdiction's offices; and
3270          (iii) a mailing address and telephone number.
3271          (3) (a) Each election officer shall, without delay, correct any error discovered in any
3272     ballot, if the correction can be made without interfering with the timely distribution of the
3273     ballots.
3274          (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is
3275     not possible to correct the error or omission, the election officer shall direct the poll workers to
3276     make the necessary corrections on the manual ballots before the ballots are distributed.
3277          (ii) If the election officer discovers an error or omission in an electronic ballot and it is
3278     not possible to correct the error or omission by revising the electronic ballot, the election
3279     officer shall direct the poll workers to post notice of each error or omission with instructions on
3280     how to correct each error or omission in a prominent position at each polling booth.
3281          (c) (i) If the election officer refuses or fails to correct an error or omission in a ballot, a
3282     candidate or a candidate's agent may file a verified petition with the district court asserting that:

3283          (A) an error or omission has occurred in:
3284          (I) the publication of the name or description of a candidate;
3285          (II) the preparation or display of an electronic ballot; or
3286          (III) in the printing of sample or official manual ballots; and
3287          (B) the election officer has failed to correct or provide for the correction of the error or
3288     omission.
3289          (ii) The district court shall issue an order requiring correction of any error in a ballot or
3290     an order to show cause why the error should not be corrected if it appears to the court that the
3291     error or omission has occurred and the election officer has failed to correct or provide for the
3292     correction of the error or omission.
3293          (iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
3294     Supreme Court within five days after the day on which the district court enters the decision.
3295          Section 50. Section 20A-9-203 (Superseded 07/01/21) is amended to read:
3296          20A-9-203 (Superseded 07/01/21). Declarations of candidacy -- Municipal general
3297     elections.
3298          (1) An individual may become a candidate for any municipal office if:
3299          (a) the individual is a registered voter; and
3300          (b) (i) the individual has resided within the municipality in which the individual seeks
3301     to hold elective office for the 12 consecutive months immediately before the date of the
3302     election; or
3303          (ii) the territory in which the individual resides was annexed into the municipality, the
3304     individual has resided within the annexed territory or the municipality the 12 consecutive
3305     months immediately before the date of the election.
3306          (2) (a) For purposes of determining whether an individual meets the residency
3307     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
3308     before the election, the municipality is considered to have been incorporated 12 months before
3309     the date of the election.
3310          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
3311     council position shall, if elected from a district, be a resident of the council district from which
3312     the candidate is elected.
3313          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent

3314     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
3315     against the elective franchise may not hold office in this state until the right to hold elective
3316     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
3317          (3) (a) An individual seeking to become a candidate for a municipal office shall,
3318     regardless of the nomination method by which the individual is seeking to become a candidate:
3319          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
3320     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
3321     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
3322     described in Section 10-3-301 and not later than the close of those office hours, between June 1
3323     and June 7 of any odd-numbered year; and
3324          (ii) pay the filing fee, if one is required by municipal ordinance.
3325          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
3326     declaration of candidacy with the city recorder or town clerk if:
3327          (i) the individual is located outside of the state during the entire filing period;
3328          (ii) the designated agent appears in person before the city recorder or town clerk;
3329          (iii) the individual communicates with the city recorder or town clerk using an
3330     electronic device that allows the individual and city recorder or town clerk to see and hear each
3331     other; and
3332          (iv) the individual provides the city recorder or town clerk with an email address to
3333     which the city recorder or town clerk may send the individual the copies described in
3334     Subsection (4).
3335          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
3336          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
3337     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
3338     the office hours described in Section 10-3-301 and not later than the close of those office
3339     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
3340     of the nomination petition of the lesser of at least:
3341          (A) 25 registered voters who reside in the municipality; or
3342          (B) 20% of the registered voters who reside in the municipality; and
3343          (ii) paying the filing fee, if one is required by municipal ordinance.
3344          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination

3345     petition, the filing officer shall:
3346          (i) read to the prospective candidate or individual filing the petition the constitutional
3347     and statutory qualification requirements for the office that the candidate is seeking;
3348          (ii) require the candidate or individual filing the petition to state whether the candidate
3349     meets the requirements described in Subsection (4)(a)(i); and
3350          (iii) inform the candidate or the individual filing the petition that an individual who
3351     holds a municipal elected office may not, at the same time, hold a county elected office.
3352          (b) If the prospective candidate does not meet the qualification requirements for the
3353     office, the filing officer may not accept the declaration of candidacy or nomination petition.
3354          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
3355     filing officer shall:
3356          (i) inform the candidate that the candidate's name will appear on the ballot as it is
3357     written on the declaration of candidacy;
3358          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
3359     for the office the candidate is seeking and inform the candidate that failure to comply will
3360     result in disqualification as a candidate and removal of the candidate's name from the ballot;
3361          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
3362     Electronic Voter Information Website Program and inform the candidate of the submission
3363     deadline under Subsection 20A-7-801(4)(a);
3364          (iv) provide the candidate with a copy of the pledge of fair campaign practices
3365     described under Section 20A-9-206 and inform the candidate that:
3366          (A) signing the pledge is voluntary; and
3367          (B) signed pledges shall be filed with the filing officer; and
3368          (v) accept the declaration of candidacy or nomination petition.
3369          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
3370     officer shall:
3371          (i) accept the candidate's pledge; and
3372          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
3373     candidate's pledge to the chair of the county or state political party of which the candidate is a
3374     member.
3375          (5) (a) The declaration of candidacy shall be in substantially the following form:

3376          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
3377     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
3378     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
3379     (stating the term). I will meet the legal qualifications required of candidates for this office. If
3380     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
3381     candidate filing period. I will file all campaign financial disclosure reports as required by law
3382     and I understand that failure to do so will result in my disqualification as a candidate for this
3383     office and removal of my name from the ballot. I request that my name be printed upon the
3384     applicable official ballots. (Signed) _______________
3385          Subscribed and sworn to (or affirmed) before me by ____ on this
3386     __________(month\day\year).
3387          (Signed) _______________ (Clerk or other officer qualified to administer oath)."
3388          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
3389     not sign the form described in Subsection (5)(a).
3390          (c) (i) A nomination petition shall be in substantially the following form:
3391          "NOMINATION PETITION
3392          The undersigned residents of (name of municipality), being registered voters, nominate
3393     (name of nominee) for the office of (name of office) for the (length of term of office)."
3394          (ii) The remainder of the petition shall contain lines and columns for the signatures of
3395     individuals signing the petition and each individual's address and phone number.
3396          (6) If the declaration of candidacy or nomination petition fails to state whether the
3397     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
3398     for the four-year term.
3399          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
3400     voters.
3401          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
3402     print the candidate's name on the ballot.
3403          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
3404     clerk shall:
3405          (a) [publish] publicize a list of the names of the candidates as they will appear on the
3406     ballot:

3407          (i) (A) by publishing the list in at least two successive publications of a newspaper of
3408     general circulation in the municipality;
3409          [(i) (A)] (B) by posting one copy of the list, and at least one additional copy of the list
3410     per 2,000 population of the municipality, in places within the municipality that are most likely
3411     to give notice to the voters in the municipality, subject to a maximum of 10 lists; or
3412          [(B)] (C) by mailing [notice] the list to each registered voter in the municipality;
3413          (ii) by posting the list on the Utah Public Notice Website, created in Section
3414     63A-12-201, for seven days; and
3415          (iii) if the municipality has a website, by posting the list on the municipality's website
3416     for seven days; and
3417          (b) notify the lieutenant governor of the names of the candidates as they will appear on
3418     the ballot.
3419          (9) Except as provided in Subsection (10)(c), an individual may not amend a
3420     declaration of candidacy or nomination petition filed under this section after the candidate
3421     filing period ends.
3422          (10) (a) A declaration of candidacy or nomination petition that an individual files under
3423     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
3424     10 days after the last day for filing.
3425          (b) If a person files an objection, the clerk shall:
3426          (i) mail or personally deliver notice of the objection to the affected candidate
3427     immediately; and
3428          (ii) decide any objection within 48 hours after the objection is filed.
3429          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
3430     days after the day on which the clerk sustains the objection, correct the problem for which the
3431     objection is sustained by amending the candidate's declaration of candidacy or nomination
3432     petition, or by filing a new declaration of candidacy.
3433          (d) (i) The clerk's decision upon objections to form is final.
3434          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
3435     prompt application is made to the district court.
3436          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
3437     of its discretion, agrees to review the lower court decision.

3438          (11) A candidate who qualifies for the ballot under this section may withdraw as a
3439     candidate by filing a written affidavit with the municipal clerk.
3440          Section 51. Section 20A-9-203 (Effective 07/01/21) is amended to read:
3441          20A-9-203 (Effective 07/01/21). Declarations of candidacy -- Municipal general
3442     elections.
3443          (1) An individual may become a candidate for any municipal office if:
3444          (a) the individual is a registered voter; and
3445          (b) (i) the individual has resided within the municipality in which the individual seeks
3446     to hold elective office for the 12 consecutive months immediately before the date of the
3447     election; or
3448          (ii) the territory in which the individual resides was annexed into the municipality, the
3449     individual has resided within the annexed territory or the municipality the 12 consecutive
3450     months immediately before the date of the election.
3451          (2) (a) For purposes of determining whether an individual meets the residency
3452     requirement of Subsection (1)(b)(i) in a municipality that was incorporated less than 12 months
3453     before the election, the municipality is considered to have been incorporated 12 months before
3454     the date of the election.
3455          (b) In addition to the requirements of Subsection (1), each candidate for a municipal
3456     council position shall, if elected from a district, be a resident of the council district from which
3457     the candidate is elected.
3458          (c) In accordance with Utah Constitution, Article IV, Section 6, a mentally incompetent
3459     individual, an individual convicted of a felony, or an individual convicted of treason or a crime
3460     against the elective franchise may not hold office in this state until the right to hold elective
3461     office is restored under Section 20A-2-101.3 or 20A-2-101.5.
3462          (3) (a) An individual seeking to become a candidate for a municipal office shall,
3463     regardless of the nomination method by which the individual is seeking to become a candidate:
3464          (i) except as provided in Subsection (3)(b) or Title 20A, Chapter 4, Part 6, Municipal
3465     Alternate Voting Methods Pilot Project, and subject to Subsection 20A-9-404(3)(e), file a
3466     declaration of candidacy, in person with the city recorder or town clerk, during the office hours
3467     described in Section 10-3-301 and not later than the close of those office hours, between June 1
3468     and June 7 of any odd-numbered year; and

3469          (ii) pay the filing fee, if one is required by municipal ordinance.
3470          (b) Subject to Subsection (5)(b), an individual may designate an agent to file a
3471     declaration of candidacy with the city recorder or town clerk if:
3472          (i) the individual is located outside of the state during the entire filing period;
3473          (ii) the designated agent appears in person before the city recorder or town clerk;
3474          (iii) the individual communicates with the city recorder or town clerk using an
3475     electronic device that allows the individual and city recorder or town clerk to see and hear each
3476     other; and
3477          (iv) the individual provides the city recorder or town clerk with an email address to
3478     which the city recorder or town clerk may send the individual the copies described in
3479     Subsection (4).
3480          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
3481          (i) except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting
3482     Methods Pilot Project, filing a nomination petition with the city recorder or town clerk during
3483     the office hours described in Section 10-3-301 and not later than the close of those office
3484     hours, between June 1 and June 7 of any odd-numbered year that includes signatures in support
3485     of the nomination petition of the lesser of at least:
3486          (A) 25 registered voters who reside in the municipality; or
3487          (B) 20% of the registered voters who reside in the municipality; and
3488          (ii) paying the filing fee, if one is required by municipal ordinance.
3489          (4) (a) Before the filing officer may accept any declaration of candidacy or nomination
3490     petition, the filing officer shall:
3491          (i) read to the prospective candidate or individual filing the petition the constitutional
3492     and statutory qualification requirements for the office that the candidate is seeking;
3493          (ii) require the candidate or individual filing the petition to state whether the candidate
3494     meets the requirements described in Subsection (4)(a)(i); and
3495          (iii) inform the candidate or the individual filing the petition that an individual who
3496     holds a municipal elected office may not, at the same time, hold a county elected office.
3497          (b) If the prospective candidate does not meet the qualification requirements for the
3498     office, the filing officer may not accept the declaration of candidacy or nomination petition.
3499          (c) If it appears that the prospective candidate meets the requirements of candidacy, the

3500     filing officer shall:
3501          (i) inform the candidate that the candidate's name will appear on the ballot as it is
3502     written on the declaration of candidacy;
3503          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
3504     for the office the candidate is seeking and inform the candidate that failure to comply will
3505     result in disqualification as a candidate and removal of the candidate's name from the ballot;
3506          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
3507     Electronic Voter Information Website Program and inform the candidate of the submission
3508     deadline under Subsection 20A-7-801(4)(a);
3509          (iv) provide the candidate with a copy of the pledge of fair campaign practices
3510     described under Section 20A-9-206 and inform the candidate that:
3511          (A) signing the pledge is voluntary; and
3512          (B) signed pledges shall be filed with the filing officer; and
3513          (v) accept the declaration of candidacy or nomination petition.
3514          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
3515     officer shall:
3516          (i) accept the candidate's pledge; and
3517          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
3518     candidate's pledge to the chair of the county or state political party of which the candidate is a
3519     member.
3520          (5) (a) The declaration of candidacy shall be in substantially the following form:
3521          "I, (print name) ____, being first sworn and under penalty of perjury, say that I reside at
3522     ____ Street, City of ____, County of ____, state of Utah, Zip Code ____, Telephone Number
3523     (if any) ____; that I am a registered voter; and that I am a candidate for the office of ____
3524     (stating the term). I will meet the legal qualifications required of candidates for this office. If
3525     filing via a designated agent, I attest that I will be out of the state of Utah during the entire
3526     candidate filing period. I will file all campaign financial disclosure reports as required by law
3527     and I understand that failure to do so will result in my disqualification as a candidate for this
3528     office and removal of my name from the ballot. I request that my name be printed upon the
3529     applicable official ballots. (Signed) _______________
3530          Subscribed and sworn to (or affirmed) before me by ____ on this

3531     __________(month\day\year).
3532          (Signed) _______________ (Clerk or other officer qualified to administer oath)."
3533          (b) An agent designated under Subsection (3)(b) to file a declaration of candidacy may
3534     not sign the form described in Subsection (5)(a).
3535          (c) (i) A nomination petition shall be in substantially the following form:
3536          "NOMINATION PETITION
3537          The undersigned residents of (name of municipality), being registered voters, nominate
3538     (name of nominee) for the office of (name of office) for the (length of term of office)."
3539          (ii) The remainder of the petition shall contain lines and columns for the signatures of
3540     individuals signing the petition and each individual's address and phone number.
3541          (6) If the declaration of candidacy or nomination petition fails to state whether the
3542     nomination is for the two-year or four-year term, the clerk shall consider the nomination to be
3543     for the four-year term.
3544          (7) (a) The clerk shall verify with the county clerk that all candidates are registered
3545     voters.
3546          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
3547     print the candidate's name on the ballot.
3548          (8) Immediately after expiration of the period for filing a declaration of candidacy, the
3549     clerk shall:
3550          (a) [publish] publicize a list of the names of the candidates as they will appear on the
3551     ballot:
3552          (i) (A) by publishing the list in at least two successive publications of a newspaper of
3553     general circulation in the municipality;
3554          [(i) (A)] (B) by posting one copy of the list, and at least one additional copy of the list
3555     per 2,000 population of the municipality, in places within the municipality that are most likely
3556     to give notice to the voters in the municipality, subject to a maximum of 10 lists; or
3557          [(B)] (C) by mailing [notice] the list to each registered voter in the municipality;
3558          (ii) by posting the list on the Utah Public Notice Website, created in Section
3559     63A-16-601, for seven days; and
3560          (iii) if the municipality has a website, by posting the list on the municipality's website
3561     for seven days; and

3562          (b) notify the lieutenant governor of the names of the candidates as they will appear on
3563     the ballot.
3564          (9) Except as provided in Subsection (10)(c), an individual may not amend a
3565     declaration of candidacy or nomination petition filed under this section after the candidate
3566     filing period ends.
3567          (10) (a) A declaration of candidacy or nomination petition that an individual files under
3568     this section is valid unless a person files a written objection with the clerk before 5 p.m. within
3569     10 days after the last day for filing.
3570          (b) If a person files an objection, the clerk shall:
3571          (i) mail or personally deliver notice of the objection to the affected candidate
3572     immediately; and
3573          (ii) decide any objection within 48 hours after the objection is filed.
3574          (c) If the clerk sustains the objection, the candidate may, before 5 p.m. within three
3575     days after the day on which the clerk sustains the objection, correct the problem for which the
3576     objection is sustained by amending the candidate's declaration of candidacy or nomination
3577     petition, or by filing a new declaration of candidacy.
3578          (d) (i) The clerk's decision upon objections to form is final.
3579          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
3580     prompt application is made to the district court.
3581          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
3582     of its discretion, agrees to review the lower court decision.
3583          (11) A candidate who qualifies for the ballot under this section may withdraw as a
3584     candidate by filing a written affidavit with the municipal clerk.
3585          Section 52. Effective date.
3586          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
3587     elected to each house, this bill takes effect upon approval by the governor, or the day following
3588     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
3589     signature, or in the case of a veto, the date of veto override.
3590          (2) The amendments to the following sections take effect on July 1, 2021:
3591          (a) Section 10-2-406 (Effective 07/01/21);
3592          (b) Section 10-2-407 (Effective 07/01/21);

3593          (c) Section 10-2-415 (Effective 07/01/21);
3594          (d) Section 10-2-418 (Effective 07/01/21);
3595          (e) Section 10-2-419 (Effective 07/01/21);
3596          (f) Section 10-2-502.5 (Effective 07/01/21);
3597          (g) Section 10-2-703 (Effective 07/01/21);
3598          (h) Section 10-2-708 (Effective 07/01/21);
3599          (i) Section 10-2a-210 (Effective 07/01/21);
3600          (j) Section 10-2a-213 (Effective 07/01/21);
3601          (k) Section 10-2a-214 (Effective 07/01/21);
3602          (l) Section 10-2a-215 (Effective 07/01/21);
3603          (m) Section 10-2a-405 (Effective 07/01/21);
3604          (n) Section 10-18-203 (Effective 07/01/21);
3605          (o) Section 11-14-202 (Effective 07/01/21);
3606          (p) Section 17B-1-643 (Effective 07/01/21);
3607          (q) Section 17B-2a-705 (Effective 07/01/21);
3608          (r) Section 20A-3a-604 (Effective 07/01/21);
3609          (s) Section 20A-4-104 (Effective 07/01/21);
3610          (t) Section 20A-4-304 (Effective 07/01/21);
3611          (u) Section 20A-5-101 (Effective 07/01/21);
3612          (v) Section 20A-5-403.5 (Effective 07/01/21);
3613          (w) Section 20A-5-405 (Effective 07/01/21); and
3614          (x) Section 20A-9-203 (Effective 07/01/21).