1     
LOCAL ELECTION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: Norman K. Thurston

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to cancelling a local election or a race in a local
10     election.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms; and
14          ▸     describes the circumstances under which, and the method by which:
15               •     a municipal legislative body may cancel a local election or a race in a local
16     election; and
17               •     a local district board may cancel a local election or a race in a local election.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          20A-1-206, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 20A-1-206 is amended to read:
28          20A-1-206. Cancellation of local election or local race -- Municipalities -- Local
29     districts -- Notice.
30          [(1) A municipal legislative body may cancel a local election if:]
31          [(a) (i) (A) all municipal officers are elected in an at-large election under Subsection
32     10-3-205.5(1); and]
33          [(B) the number of municipal officer candidates, including any eligible write-in
34     candidates under Section 20A-9-601, for the at-large municipal offices does not exceed the
35     number of open at-large municipal offices for which the candidates have filed; or]
36          [(ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5(2);]
37          [(B) the number of municipal officer candidates, including any eligible write-in
38     candidates under Section 20A-9-601, for the at-large municipal offices, if any, does not exceed
39     the number of open at-large municipal offices for which the candidates have filed; and]
40          [(C) each municipal officer candidate, including any eligible write-in candidates under
41     Section 20A-9-601, in each district is unopposed;]
42          [(b) there are no other municipal ballot propositions; and]
43          [(c) the municipal legislative body passes, no later than 20 days before the day of the
44     scheduled election, a resolution that cancels the election and certifies that:]
45          [(i) each municipal officer candidate is:]
46          [(A) unopposed; or]
47          [(B) a candidate for an at-large municipal office for which the number of candidates
48     does not exceed the number of open at-large municipal offices; and]
49          [(ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.]
50          (1) As used in this section:
51          (a) "Contested race" means a race in a general election where the number of
52     candidates, including any eligible write-in candidates, exceeds the number of offices to be
53     filled in the race.
54          (b) "Election" means an event, run by an election officer, that includes one or more
55     races for public office or one or more ballot propositions.
56          (c) (i) "Race" means a contest between candidates to obtain the number of votes
57     necessary to take a particular public office.
58          (ii) "Race," as the term relates to a contest for an at-large position, includes all open
59     positions for the same at-large office.
60          (iii) "Race," as the term relates to a contest for a municipal council position that is not
61     an at-large position, includes only the contest to represent a particular district on the council.
62          (2) A municipal legislative body may cancel a local election if:
63          (a) the ballot for the local election will not include any contested races or ballot
64     propositions; and
65          (b) the municipal legislative body passes, no later than 20 days before the day of the
66     scheduled election, a resolution that cancels the election and certifies that:
67          (i) the ballot for the election would not include any contested races or ballot
68     propositions; and
69          (ii) the candidates who qualified for the ballot are considered elected.
70          (3) A municipal legislative body may cancel a race in a local election if:
71          (a) the ballot for the race will not include any contested races or ballot propositions;
72     and
73          (b) the municipal legislative body passes, no later than 20 days before the day of the
74     scheduled election, a resolution that cancels the race and certifies that:
75          (i) the ballot for the race would not include any contested races or ballot propositions;
76     and
77          (ii) the candidate for the race is considered elected.
78          [(2)] (4) A municipal legislative body that cancels a local election in accordance with
79     Subsection [(1)] (2) shall give notice that the election is cancelled by:
80          (a) subject to Subsection [(5), posting notice] (8), providing notice to the lieutenant
81     governor's office to be posted on the Statewide Electronic Voter Information Website [as]
82     described in Section 20A-7-801, for 15 consecutive days before the day of the scheduled
83     election;
84          (b) if the municipality has a public website, posting notice on the municipality's public
85     website for 15 days before the day of the scheduled election;
86          (c) if the elected officials or departments of the municipality regularly publish a printed
87     or electronic newsletter or other periodical, publishing notice in the next scheduled newsletter
88     or other periodical published before the day of the scheduled election;
89          (d) (i) publishing notice at least twice in a newspaper of general circulation in the
90     municipality before the day of the scheduled election;
91          (ii) at least 10 days before the day of the scheduled election, posting one notice, and at
92     least one additional notice per 2,000 population within the municipality, in places within the
93     municipality that are most likely to give notice to the voters in the municipality, subject to a
94     maximum of 10 notices; or
95          (iii) at least 10 days before the day of the scheduled election, mailing notice to each
96     registered voter in the municipality; and
97          (e) posting notice on the Utah Public Notice Website, created in Section 63A-16-601,
98     for at least 10 days before the day of the scheduled election.
99          [(3) A local district board may cancel an election as described in Section 17B-1-306
100     if:]
101          [(a) (i) (A) any local district officers are elected in an at-large election; and]
102          [(B) the number of local district officer candidates for the at-large local district offices,
103     including any eligible write-in candidates under Section 20A-9-601, does not exceed the
104     number of open at-large local district offices for which the candidates have filed; or]
105          [(ii) (A) the local district has divided the local district into divisions under Section
106     17B-1-306.5;]
107          [(B) the number of local district officer candidates, including any eligible write-in
108     candidates under Section 20A-9-601, for the at-large local district offices within the local
109     district, if any, does not exceed the number of open at-large local district offices for which the
110     candidates have filed; and]
111          [(C) each local district officer candidate, including any eligible write-in candidates
112     under Section 20A-9-601, in each division of the local district is unopposed;]
113          [(b) there are no other local district ballot propositions; and]
114          [(c) the local district governing body, no later than 20 days before the day of the
115     scheduled election, adopts a resolution that cancels the election and certifies that:]
116          [(i) each local district officer candidate is:]
117          [(A) unopposed; or]
118          [(B) a candidate for an at-large local district office for which the number of candidates
119     does not exceed the number of open at-large local district offices; and]
120          [(ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.]
121          (5) A local district board may cancel a local election if:
122          (a) the ballot for the local election will not include any contested races or ballot
123     propositions; and
124          (b) the local district board passes, no later than 20 days before the day of the scheduled
125     election, a resolution that cancels the election and certifies that:
126          (i) the ballot for the election would not include any contested races or ballot
127     propositions; and
128          (ii) the candidates who qualified for the ballot are considered elected.
129          (6) A local district board may cancel a local district race if:
130          (a) the race is uncontested; and
131          (b) the local district board passes, no later than 20 days before the day of the scheduled
132     election, a resolution that cancels the race and certifies that the candidate who qualified for the
133     ballot for that race is considered elected.
134          [(4)] (7) A local district that cancels a local election in accordance with Subsection
135     [(3)] (5) shall provide notice that the election is cancelled:
136          (a) subject to Subsection [(5)] (8), by posting notice on the Statewide Electronic Voter
137     Information Website [as] described in Section 20A-7-801, for 15 consecutive days before the
138     day of the scheduled election;
139          (b) if the local district has a public website, by posting notice on the local district's
140     public website for 15 days before the day of the scheduled election;
141          (c) if the local district publishes a newsletter or other periodical, by publishing notice
142     in the next scheduled newsletter or other periodical published before the day of the scheduled
143     election;
144          (d) (i) by publishing notice at least twice in a newspaper of general circulation in the
145     local district before the scheduled election;
146          (ii) at least 10 days before the day of the scheduled election, by posting one notice, and
147     at least one additional notice per 2,000 population of the local district, in places within the
148     local district that are most likely to give notice to the voters in the local district, subject to a
149     maximum of 10 notices; or
150          (iii) at least 10 days before the day of the scheduled election, by mailing notice to each
151     registered voter in the local district; and
152          (e) by posting notice on the Utah Public Notice Website, created in Section
153     63A-16-601, for at least 10 days before the day of the scheduled election.
154          [(5)] (8) A municipal legislative body that posts a notice in accordance with Subsection
155     [(2)] (4)(a) or a local district that posts a notice in accordance with Subsection [(4)] (7)(a) is
156     not liable for a notice that fails to post due to technical or other error by the publisher of the
157     Statewide Electronic Voter Information Website.