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     Committee Note:
9          The Government Operations Interim Committee recommended this bill.
10               Legislative Vote:     13 voting for     0 voting against     3 absent
11     General Description:
12          This bill amends provisions relating to cancelling a local election or a race in a local
13     election.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms; and
17          ▸     describes the circumstances under which, and the method by which:
18               •     a municipal legislative body may cancel a local election or a race in a local
19     election; and
20               •     a local district board may cancel a local election or a race in a local election.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          20A-1-206, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 20A-1-206 is amended to read:
31          20A-1-206. Cancellation of local election -- Municipalities -- Local districts --
32     Notice.
33          [(1) A municipal legislative body may cancel a local election if:]
34          [(a) (i) (A) all municipal officers are elected in an at-large election under Subsection
35     10-3-205.5(1); and]
36          [(B) the number of municipal officer candidates, including any eligible write-in
37     candidates under Section 20A-9-601, for the at-large municipal offices does not exceed the
38     number of open at-large municipal offices for which the candidates have filed; or]
39          [(ii) (A) the municipality has adopted an ordinance under Subsection 10-3-205.5(2);]
40          [(B) the number of municipal officer candidates, including any eligible write-in
41     candidates under Section 20A-9-601, for the at-large municipal offices, if any, does not exceed
42     the number of open at-large municipal offices for which the candidates have filed; and]
43          [(C) each municipal officer candidate, including any eligible write-in candidates under
44     Section 20A-9-601, in each district is unopposed;]
45          [(b) there are no other municipal ballot propositions; and]
46          [(c) the municipal legislative body passes, no later than 20 days before the day of the
47     scheduled election, a resolution that cancels the election and certifies that:]
48          [(i) each municipal officer candidate is:]
49          [(A) unopposed; or]
50          [(B) a candidate for an at-large municipal office for which the number of candidates
51     does not exceed the number of open at-large municipal offices; and]
52          [(ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.]
53          (1) As used in this section:
54          (a) "Contested race" means a race in a general election where the number candidates,
55     including any eligible write-in candidates, exceeds the number of offices to be filled in the
56     race.
57          (b) "Election" means an event, run by an election officer, that includes one or more
58     races for public office or one or more ballot propositions.
59          (c) (i) "Race" means a contest between candidates to obtain the number of votes
60     necessary to take a particular public office.
61          (ii) "Race," as the term relates to a contest for an at-large position, includes all open
62     positions for the same at-large office.
63          (iii) "Race," as the term relates to a contest for a municipal council position that is not
64     an at-large position, includes only the contest to represent a particular district on the council.
65          (2) A municipal legislative body may cancel a local election if:
66          (a) the ballot for the local election will not include any contested races or ballot
67     propositions; and
68          (b) the municipal legislative body passes, no later than 20 days before the day of the
69     scheduled election, a resolution that cancels the election and certifies that:
70          (i) the ballot for the election would not include any contested races or ballot
71     propositions; and
72          (ii) the candidates who qualified for the ballot are considered elected.
73          (3) A municipal legislative body may cancel a race in a local election if:
74          (a) the ballot for the race will not include any contested races or ballot propositions;
75     and
76          (b) the municipal legislative body passes, no later than 20 days before the day of the
77     scheduled election, a resolution that cancels the race and certifies that:
78          (i) the ballot for the race would not include any contested races or ballot propositions;
79     and
80          (ii) the candidate for the race is considered elected.
81          [(2)] (4) A municipal legislative body that cancels a local election in accordance with
82     Subsection [(1)] (2) shall give notice that the election is cancelled by:
83          (a) subject to Subsection [(5), posting notice] (8), providing notice to the lieutenant
84     governor's office to be posted on the Statewide Electronic Voter Information Website [as]
85     described in Section 20A-7-801, for 15 consecutive days before the day of the scheduled
86     election;
87          (b) if the municipality has a public website, posting notice on the municipality's public
88     website for 15 days before the day of the scheduled election;
89          (c) if the elected officials or departments of the municipality regularly publish a printed
90     or electronic newsletter or other periodical, publishing notice in the next scheduled newsletter
91     or other periodical published before the day of the scheduled election;
92          (d) (i) publishing notice at least twice in a newspaper of general circulation in the
93     municipality before the day of the scheduled election;
94          (ii) at least 10 days before the day of the scheduled election, posting one notice, and at
95     least one additional notice per 2,000 population within the municipality, in places within the
96     municipality that are most likely to give notice to the voters in the municipality, subject to a
97     maximum of 10 notices; or
98          (iii) at least 10 days before the day of the scheduled election, mailing notice to each
99     registered voter in the municipality; and
100          (e) posting notice on the Utah Public Notice Website, created in Section 63A-16-601,
101     for at least 10 days before the day of the scheduled election.
102          [(3) A local district board may cancel an election as described in Section 17B-1-306
103     if:]
104          [(a) (i) (A) any local district officers are elected in an at-large election; and]
105          [(B) the number of local district officer candidates for the at-large local district offices,
106     including any eligible write-in candidates under Section 20A-9-601, does not exceed the
107     number of open at-large local district offices for which the candidates have filed; or]
108          [(ii) (A) the local district has divided the local district into divisions under Section
109     17B-1-306.5;]
110          [(B) the number of local district officer candidates, including any eligible write-in
111     candidates under Section 20A-9-601, for the at-large local district offices within the local
112     district, if any, does not exceed the number of open at-large local district offices for which the
113     candidates have filed; and]
114          [(C) each local district officer candidate, including any eligible write-in candidates
115     under Section 20A-9-601, in each division of the local district is unopposed;]
116          [(b) there are no other local district ballot propositions; and]
117          [(c) the local district governing body, no later than 20 days before the day of the
118     scheduled election, adopts a resolution that cancels the election and certifies that:]
119          [(i) each local district officer candidate is:]
120          [(A) unopposed; or]
121          [(B) a candidate for an at-large local district office for which the number of candidates
122     does not exceed the number of open at-large local district offices; and]
123          [(ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.]
124          (5) A local district board may cancel a local election if:
125          (a) the ballot for the local election will not include any contested races or ballot
126     propositions; and
127          (b) the local district board passes, no later than 20 days before the day of the scheduled
128     election, a resolution that cancels the election and certifies that:
129          (i) the ballot for the election would not include any contested races or ballot
130     propositions; and
131          (ii) the candidates who qualified for the ballot are considered elected.
132          (6) A local district board may cancel a local district race if:
133          (a) the race is uncontested; and
134          (b) the local district board passes, no later than 20 days before the day of the scheduled
135     election, a resolution that cancels the race and certifies that the candidate who qualified for the
136     ballot for that race is considered elected.
137          [(4)] (7) A local district that cancels a local election in accordance with Subsection
138     [(3)] (5) shall provide notice that the election is cancelled:
139          (a) subject to Subsection [(5)] (8), by posting notice on the Statewide Electronic Voter
140     Information Website [as] described in Section 20A-7-801, for 15 consecutive days before the
141     day of the scheduled election;
142          (b) if the local district has a public website, by posting notice on the local district's
143     public website for 15 days before the day of the scheduled election;
144          (c) if the local district publishes a newsletter or other periodical, by publishing notice
145     in the next scheduled newsletter or other periodical published before the day of the scheduled
146     election;
147          (d) (i) by publishing notice at least twice in a newspaper of general circulation in the
148     local district before the scheduled election;
149          (ii) at least 10 days before the day of the scheduled election, by posting one notice, and
150     at least one additional notice per 2,000 population of the local district, in places within the
151     local district that are most likely to give notice to the voters in the local district, subject to a
152     maximum of 10 notices; or
153          (iii) at least 10 days before the day of the scheduled election, by mailing notice to each
154     registered voter in the local district; and
155          (e) by posting notice on the Utah Public Notice Website, created in Section
156     63A-16-601, for at least 10 days before the day of the scheduled election.
157          [(5)] (8) A municipal legislative body that posts a notice in accordance with Subsection
158     [(2)] (4)(a) or a local district that posts a notice in accordance with Subsection [(4)] (7)(a) is
159     not liable for a notice that fails to post due to technical or other error by the publisher of the
160     Statewide Electronic Voter Information Website.