Section 501 - Election on recommended optional plan -- Resolution or petition to submit plan to voters in certain counties.

UT Code § 17-52a-501 (2019) (N/A)
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(1) If the county or district attorney finds that a proposed optional plan does not violate a statutory or constitutional provision under Section 17-52a-406 or, for a county under a pending process described in Section 17-52a-104, under Section 17-52-204 as that section was in effect on March 14, 2018: (a) in a county with a population of 225,000 or more or in a county in which voters approved the appointment of a study committee by a vote of at least 60%, the county legislative body shall hold an election on the optional plan under Subsection (3); or (b) in a county with a population of less than 225,000 in which voters did not approve the appointment of a study committee by a vote of at least 60%, an election may not be held for the optional plan under Subsection (3) until: (i) the county legislative body adopts a resolution to submit the optional plan to voters; or (ii) the county clerk certifies a petition under Subsection (2).

(a) in a county with a population of 225,000 or more or in a county in which voters approved the appointment of a study committee by a vote of at least 60%, the county legislative body shall hold an election on the optional plan under Subsection (3); or

(b) in a county with a population of less than 225,000 in which voters did not approve the appointment of a study committee by a vote of at least 60%, an election may not be held for the optional plan under Subsection (3) until: (i) the county legislative body adopts a resolution to submit the optional plan to voters; or (ii) the county clerk certifies a petition under Subsection (2).

(i) the county legislative body adopts a resolution to submit the optional plan to voters; or

(ii) the county clerk certifies a petition under Subsection (2).

(2) (a) In a county with a population of less than 225,000 in which voters did not approve the appointment of a study committee by a vote of at least 60%, to qualify the proposed optional plan described in Subsection (1) for an election described in Subsection (3), registered voters may file a petition with the county clerk that: (i) requests that the proposed optional plan be submitted to voters; and (ii) is signed by registered voters residing in the county equal in number to at least 5% of the total number of votes cast in the county for all candidates for president of the United States at the most recent election at which a president of the United States was elected. (b) Registered voters who file a petition under Subsection (2)(a) shall, at the time the registered voters file the petition: (i) designate up to five of the petition signers as sponsors; (ii) provide the county clerk with the mailing address and telephone number of each petition sponsor; and (iii) designate one of the petition sponsors as the contact sponsor. (c) The county clerk shall certify or reject a petition filed under this Subsection (2) in the same manner as the county clerk certifies or rejects a petition under Subsection 17-52a-303(3).

(a) In a county with a population of less than 225,000 in which voters did not approve the appointment of a study committee by a vote of at least 60%, to qualify the proposed optional plan described in Subsection (1) for an election described in Subsection (3), registered voters may file a petition with the county clerk that: (i) requests that the proposed optional plan be submitted to voters; and (ii) is signed by registered voters residing in the county equal in number to at least 5% of the total number of votes cast in the county for all candidates for president of the United States at the most recent election at which a president of the United States was elected.

(i) requests that the proposed optional plan be submitted to voters; and

(ii) is signed by registered voters residing in the county equal in number to at least 5% of the total number of votes cast in the county for all candidates for president of the United States at the most recent election at which a president of the United States was elected.

(b) Registered voters who file a petition under Subsection (2)(a) shall, at the time the registered voters file the petition: (i) designate up to five of the petition signers as sponsors; (ii) provide the county clerk with the mailing address and telephone number of each petition sponsor; and (iii) designate one of the petition sponsors as the contact sponsor.

(i) designate up to five of the petition signers as sponsors;

(ii) provide the county clerk with the mailing address and telephone number of each petition sponsor; and

(iii) designate one of the petition sponsors as the contact sponsor.

(c) The county clerk shall certify or reject a petition filed under this Subsection (2) in the same manner as the county clerk certifies or rejects a petition under Subsection 17-52a-303(3).

(3) When the conditions described in Subsection (1) are met, a county shall hold an election on the optional plan at the next regular general or municipal general election that is not less than 60 days after: (a) for a county with a population of 225,000 or more or for a county in which voters approved the appointment of a study committee by a vote of at least 60%, the day on which the county or district attorney submits to the county clerk the attorney's report described in Subsection 17-52a-406(4) or, for a county under a pending process described in Section 17-52a-104, the attorney's report that is described in Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14, 2018; or (b) for a county with a population of less than 225,000 in which voters did not approve the appointment of a study committee by a vote of at least 60%, the day on which: (i) the county legislative body adopts a resolution under Subsection (1)(b)(i); or (ii) the county clerk certifies a petition under Subsection (2)(b).

(a) for a county with a population of 225,000 or more or for a county in which voters approved the appointment of a study committee by a vote of at least 60%, the day on which the county or district attorney submits to the county clerk the attorney's report described in Subsection 17-52a-406(4) or, for a county under a pending process described in Section 17-52a-104, the attorney's report that is described in Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14, 2018; or

(b) for a county with a population of less than 225,000 in which voters did not approve the appointment of a study committee by a vote of at least 60%, the day on which: (i) the county legislative body adopts a resolution under Subsection (1)(b)(i); or (ii) the county clerk certifies a petition under Subsection (2)(b).

(i) the county legislative body adopts a resolution under Subsection (1)(b)(i); or

(ii) the county clerk certifies a petition under Subsection (2)(b).

(4) The county clerk shall prepare the ballot for an election under this section so that the question on the ballot states substantially the following: "Shall ___________________ County adopt the alternate form of government known as the(insert the proposed form of government) that the study committee has recommended?"

(5) The county clerk shall: (a) publish the complete text of the proposed optional plan in a newspaper of general circulation within the county at least once during two different calendar weeks within the 30-day period immediately before the date of the election described in Subsection (1); (b) post the complete text of the proposed optional plan in a conspicuous place on the county's website during the 45-day period that immediately precedes the election on the optional plan; and (c) make a complete copy of the optional plan and the study committee report available free of charge to any member of the public who requests a copy.

(a) publish the complete text of the proposed optional plan in a newspaper of general circulation within the county at least once during two different calendar weeks within the 30-day period immediately before the date of the election described in Subsection (1);

(b) post the complete text of the proposed optional plan in a conspicuous place on the county's website during the 45-day period that immediately precedes the election on the optional plan; and

(c) make a complete copy of the optional plan and the study committee report available free of charge to any member of the public who requests a copy.

(6) A county clerk shall declare an optional plan as adopted by the voters if a majority of voters voting on the optional plan vote in favor of the optional plan.