Section 215 - Election of officers of new municipality -- Primary and final election dates -- County clerk duties -- Candidate duties -- Occupation of office.

UT Code § 10-2a-215 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) For the election of municipal officers, the county legislative body shall: (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a primary election; and (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a final election.

(a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a primary election; and

(b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a final election.

(2) Each election described in Subsection (1) shall be held: (a) consistent with the petition sponsors' determination of the length of each council member's initial term; and (b) for the incorporation of a city: (i) appropriate to the form of government chosen by the voters at the incorporation election; (ii) consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and (iii) consistent with the sponsors' determination of the number of city council members to be elected.

(a) consistent with the petition sponsors' determination of the length of each council member's initial term; and

(b) for the incorporation of a city: (i) appropriate to the form of government chosen by the voters at the incorporation election; (ii) consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and (iii) consistent with the sponsors' determination of the number of city council members to be elected.

(i) appropriate to the form of government chosen by the voters at the incorporation election;

(ii) consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and

(iii) consistent with the sponsors' determination of the number of city council members to be elected.

(3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2), the primary election described in Subsection (1)(a) shall be held at the earliest of the next: (i) regular primary election described in Subsection 20A-1-201.5(1); or (ii) municipal primary election described in Section 20A-9-404. (b) The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210.

(a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2), the primary election described in Subsection (1)(a) shall be held at the earliest of the next: (i) regular primary election described in Subsection 20A-1-201.5(1); or (ii) municipal primary election described in Section 20A-9-404.

(i) regular primary election described in Subsection 20A-1-201.5(1); or

(ii) municipal primary election described in Section 20A-9-404.

(b) The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210.

(4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in Subsection (1)(b): (i) on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a); (ii) a regular general election described in Section 20A-1-201; or (iii) a regular municipal general election under Section 20A-1-202. (b) The county shall hold the final election on the earliest of the next election date that is listed in Subsection (4)(a)(i), (ii), or (iii): (i) that is after a primary election; or (ii) if there is no primary election, that is at least: (A) 75 days after the incorporation election under Section 10-2a-210; and (B) 65 days after the candidate filing period.

(a) Subject to Subsection (4)(b), the county shall hold the final election described in Subsection (1)(b): (i) on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a); (ii) a regular general election described in Section 20A-1-201; or (iii) a regular municipal general election under Section 20A-1-202.

(i) on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a);

(ii) a regular general election described in Section 20A-1-201; or

(iii) a regular municipal general election under Section 20A-1-202.

(b) The county shall hold the final election on the earliest of the next election date that is listed in Subsection (4)(a)(i), (ii), or (iii): (i) that is after a primary election; or (ii) if there is no primary election, that is at least: (A) 75 days after the incorporation election under Section 10-2a-210; and (B) 65 days after the candidate filing period.

(i) that is after a primary election; or

(ii) if there is no primary election, that is at least: (A) 75 days after the incorporation election under Section 10-2a-210; and (B) 65 days after the candidate filing period.

(A) 75 days after the incorporation election under Section 10-2a-210; and

(B) 65 days after the candidate filing period.

(5) The county clerk shall publish notice of an election under this section: (a) (i) in accordance with Subsection (6), at least once a week for two consecutive weeks before the election in a newspaper of general circulation within the future municipality; (ii) if there is no newspaper of general circulation in the future municipality, at least two weeks before the day of the election, by posting one notice, and at least one additional notice per 2,000 population of the future municipality, in places within the future municipality that are most likely to give notice to the voters within the future municipality; or (iii) at least two weeks before the day of the election, by mailing notice to each registered voter within the future municipality; (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks before the day of the election; (c) in accordance with Section 45-1-101, for two weeks before the day of the election; and (d) on the county's website for two weeks before the day of the election.

(a) (i) in accordance with Subsection (6), at least once a week for two consecutive weeks before the election in a newspaper of general circulation within the future municipality; (ii) if there is no newspaper of general circulation in the future municipality, at least two weeks before the day of the election, by posting one notice, and at least one additional notice per 2,000 population of the future municipality, in places within the future municipality that are most likely to give notice to the voters within the future municipality; or (iii) at least two weeks before the day of the election, by mailing notice to each registered voter within the future municipality;

(i) in accordance with Subsection (6), at least once a week for two consecutive weeks before the election in a newspaper of general circulation within the future municipality;

(ii) if there is no newspaper of general circulation in the future municipality, at least two weeks before the day of the election, by posting one notice, and at least one additional notice per 2,000 population of the future municipality, in places within the future municipality that are most likely to give notice to the voters within the future municipality; or

(iii) at least two weeks before the day of the election, by mailing notice to each registered voter within the future municipality;

(b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks before the day of the election;

(c) in accordance with Section 45-1-101, for two weeks before the day of the election; and

(d) on the county's website for two weeks before the day of the election.

(6) The last notice required to be published under Subsection (5)(a)(i) shall be published at least one day but no more than seven days before the day of the election.

(7) Until the municipality is incorporated, the county clerk: (a) is the election officer for all purposes related to the election of municipal officers; (b) may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law; (c) shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208; and (d) shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office.

(a) is the election officer for all purposes related to the election of municipal officers;

(b) may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law;

(c) shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208; and

(d) shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office.

(8) An individual who has filed as a candidate for an office described in this section shall comply with: (a) the campaign finance disclosure requirements described in Section 10-3-208; and (b) the requirements and deadlines established by the county clerk under this section.

(a) the campaign finance disclosure requirements described in Section 10-3-208; and

(b) the requirements and deadlines established by the county clerk under this section.

(9) Notwithstanding Section 10-3-201, the officers elected at a final election described in Subsection (4)(a) shall take office: (a) after taking the oath of office; and (b) at noon on the first Monday following the day on which the election official transmits a certificate of nomination or election under the officer's seal to each elected candidate in accordance with Subsection 20A-4-304(4)(b).

(a) after taking the oath of office; and

(b) at noon on the first Monday following the day on which the election official transmits a certificate of nomination or election under the officer's seal to each elected candidate in accordance with Subsection 20A-4-304(4)(b).