1     
ELECTED OFFICIAL VACANCY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill addresses elected officials of political subdivisions who are reservists of the
10     armed forces.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     conforms to U.S. Department of Defense policy directives regarding members of the
15     armed forces reserves who hold elective office and who are called to active duty
16     military service by:
17               •     specifying who qualifies as an armed forces reservist; and
18               •     permitting an elected official reservist, depending upon the length of active duty
19     service, to continue to exercise the functions of the elected official's office or
20     take a military leave of absence from office;
21          ▸     clarifies that an elected official reservist who takes a military leave of absence does
22     not create a vacancy in the elected official's office; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          20A-1-513, as last amended by Laws of Utah 2023, Chapter 15
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 20A-1-513 is amended to read:
34          20A-1-513. Temporary absence in elected office of a political subdivision for
35     military service.
36          (1) As used in this section:
37          (a) (i) "Armed forces" means the [same as that term is defined in Section 68-3-12.5,
38     and includes:] United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast
39     Guard.
40          [(i)] (ii) "Armed forces" includes the National Guard[; and].
41          [(ii) the national guard and armed forces reserves.]
42          (b) (i) "Elected official" [is a person] means an individual who holds an office of a
43     political subdivision that is required by law to be filled by an election.
44          (ii) "Elected official" includes [a person] an individual who is appointed to fill a
45     vacancy in an office described in Subsection (1)(b)(i).
46          (c) "Elected official reservist" means an elected official who is:
47          (i) a member of the armed forces reserves component;
48          (ii) a member of the National Guard; or
49          (iii) a retired member of the armed forces who may be called to active, full-time duty in
50     the armed forces under Title 10, U.S.C., Armed Forces.
51          [(c)] (d) (i) "Military leave" means the temporary absence from an office:
52          (A) by an elected official reservist called to active, full-time duty in the armed forces;
53     and
54          (B) for a period of time that exceeds 30 days and does not exceed 400 days.
55          (ii) "Military leave" includes the time [a person] an individual on leave, as described in
56     Subsection [(1)(c)(i)] (1)(d)(i), spends for:
57          (A) out processing;
58          (B) an administrative delay;
59          (C) accrued leave; and
60          (D) on rest and recuperation leave program of the armed forces.
61          [(d)] (e) "Political subdivision's governing body" means:
62          (i) for a county, city, or town, the legislative body of the county, city, or town;
63          (ii) for a special district, the board of trustees of the special district;
64          (iii) for a local school district, the local school board;
65          (iv) for a special service district:
66          (A) the legislative body of the county, city, or town that established the special service
67     district, if no administrative control board has been appointed under Section 17D-1-301; or
68          (B) the administrative control board of the special service district, if an administrative
69     control board has been appointed under Section 17D-1-301; and
70          (v) for a political subdivision not listed in Subsections [(1)(d)(i)] (1)(e)(i) through (iv),
71     the body that governs the affairs of the political subdivision.
72          [(e)] (f) "Temporary replacement" means the [person] individual appointed by the
73     political subdivision's governing body in accordance with this section to exercise the powers
74     and duties of the office of [the] an elected official reservist who takes military leave.
75          (2) [An elected official creates a vacancy in the elected official's office if the elected
76     official is called to active, full-time duty in the armed forces in accordance with Title 10,
77     U.S.C.A. unless the elected official takes military leave as provided by this section.] An elected
78     official reservist who takes military leave in accordance with this section does not create a
79     vacancy in the elected official's office.
80          (3) (a) An elected official reservist who is called to active, full-time duty in the armed
81     forces [in a status other than in accordance with] under Title 10, [U.S.C.A] U.S.C., Armed
82     Forces, shall notify the political subdivision's governing body of the elected official's orders
83     [not] no later than five days [after receipt of] after the day on which the elected official receives
84     the orders.
85          (b) [The] An elected official reservist described in Subsection (3)(a) may:
86          (i) if the period of active, full-time duty does not exceed 270 days:
87          (A) continue to carry out the elected official's duties if possible while on active,
88     full-time duty; or
89          (B) take military leave if the elected official submits to the political subdivision's
90     governing body written notice of the intent to take military leave and the expected duration of
91     the military leave; or
92          (ii) if the period of active, full-time duty exceeds 270 days but does not exceed 400
93     days, take military leave if the elected official submits to the political subdivision's governing
94     body:
95          (A) written notice of the intent to take military leave and the expected duration of the
96     military leave[.]; and
97          (B) written certification that the secretary of the armed force of which the elected
98     official is a member granted the elected official permission under U.S. Department of Defense
99     Directive 1344.10 to continue to hold the elected official's office while on active, full-time
100     duty.
101          (4) (a) An elected official reservist who chooses to continue to carry out the elected
102     official's duties [while on active, full-time duty] under Subsection (3)(b)(i)(A) shall, [within]
103     no later than 10 days after [arrival at the official's place of deployment] the day of the elected
104     official's deployment, confirm in writing to the political subdivision's governing body that the
105     elected official has the ability to carry out the elected official's duties.
106          (b) If [no confirmation is received by the political subdivision within the time period]
107     an elected official reservist does not submit the confirmation to the political subdivision's
108     governing body before the deadline described in Subsection (4)(a), the [elected official shall be
109     placed] political subdivision's governing body shall:
110          (i) place the elected official in [a] military leave status; and
111          (ii) [a temporary replacement appointed] appoint a temporary replacement in
112     accordance with Subsection [(6)] (8).
113          (5) (a) An elected official reservist who chooses to take military leave under
114     Subsection (3)(b)(ii) shall, no later than 21 days after the date of the elected official's
115     deployment, submit to the political subdivision's governing body the written notice and
116     certification described in Subsection (3)(b)(ii).
117          (b) If an elected official reservist does not submit the notice and certification to the
118     political subdivision's governing body before the deadline described in Subsection (5)(a):
119          (i) the political subdivision's governing body may not appoint a temporary replacement
120     under Subsection (8); and
121          (ii) the elected official reservist creates a vacancy in the elected official's office.
122          (6) An elected official reservist who is called to active, full-time duty in the armed
123     forces under Title 10, U.S.C., Armed Forces, for a period of more than 400 days creates a
124     vacancy in the elected official's office.
125          [(5)] (7) An elected [official's] official reservist's military leave:
126          (a) begins [the later of]:
127          (i) for an elected official reservist described in Subsection (3)(b)(i), the later of:
128          (A) the day after the day on which the elected official notifies the political
129     subdivision's governing body of the intent to take military leave;
130          [(ii)] (B) [day 11] 11 days after the day of the elected official's deployment if no
131     confirmation is received by the political subdivision's governing body in accordance with
132     Subsection (4)(a); or
133          [(iii)] (C) the day on which the elected official begins active, full-time duty in the
134     armed forces; [and] or
135          (ii) for an elected official reservist described in Subsection (3)(b)(ii), the day after the
136     day on which the elected official submits to the political subdivision's governing body the
137     written notice and certification described in Subsection (3)(b)(ii); and
138          (b) ends the sooner of:
139          (i) the expiration of the elected [official's] official reservist's term of office; or
140          (ii) the day on which the elected official reservist ends active, full-time duty in the
141     armed forces.
142          [(6)] (8) A temporary replacement shall:
143          (a) meet the qualifications required to hold the office; and
144          (b) be appointed:
145          (i) when an elected official reservist:
146          (A) takes military leave under Subsection (3)(b)(i)(B) or (b)(ii); or
147          (B) is placed in military leave status under Subsection (4)(b)(i); and
148          (ii) by the political subdivision's governing body:
149          (A) [in the same manner as provided by this part for a midterm vacancy] if a registered
150     political party nominated the elected official [who takes military leave] reservist as a candidate
151     for the office, in the same manner as provided in Subsection 20A-1-508(3) for the appointment
152     of an interim replacement; or
153          [(ii)] (B) [by the political subdivision's governing body after submitting an application
154     in accordance with Subsection (8)(b)] if a registered political party did not nominate the elected
155     official [who takes military leave] reservist as a candidate for the office[.], after submitting an
156     application in accordance with Subsection (10)(b).
157          [(7)] (9) (a) A temporary replacement shall exercise the powers and duties of the office
158     for which the temporary replacement is appointed for the duration of the elected [official's]
159     official reservist's military leave.
160          (b) An elected official reservist may not exercise the powers or duties of the office
161     while on military leave.
162          (c) If a temporary replacement is not appointed as required by Subsection [(6)(b)]
163     (8)(b), no [person] individual may exercise the powers and duties of the elected [official's]
164     official reservist's office during the elected official's military leave.
165          [(8)] (10) The political subdivision's governing body shall establish:
166          (a) the distribution of the emoluments of the office between the elected official
167     reservist and the temporary replacement; and
168          (b) an application form and the date and time before which [a person] an individual
169     shall submit the application to be considered by the political subdivision's governing body for
170     appointment as a temporary replacement.
171          (11) This section does not apply to an elected official who is not an elected official
172     reservist.
173          Section 2. Effective date.
174          This bill takes effect on May 1, 2024.