20A-4-301.  Board of canvassers.

(1) 

Terms Used In Utah Code 20A-4-301

  • Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • County legislative body: means :Utah Code 68-3-12.5
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal legislative body: means :
(a) the council of the city or town in any form of municipal government; or
(b) the council of a metro township. See Utah Code 20A-1-102
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • (a)  Each county legislative body is the board of county canvassers for:

    (i)  the county; and

    (ii)  each special district whose election is conducted by the county if:

    (A)  the election relates to the creation of the special district;

    (B)  the county legislative body serves as the governing body of the special district; or

    (C)  there is no duly constituted governing body of the special district.

    (b)  The board of county canvassers shall meet to canvass the returns at the usual place of meeting of the county legislative body, at a date and time determined by the county clerk that is no sooner than seven days after the election and no later than 14 days after the election.

    (c)  If one or more of the county legislative body fails to attend the meeting of the board of county canvassers, the remaining members shall replace the absent member by appointing in the order named:

    (i)  the county treasurer;

    (ii)  the county assessor; or

    (iii)  the county sheriff.

    (d)  Attendance of the number of persons equal to a simple majority of the county legislative body, but not less than three persons, shall constitute a quorum for conducting the canvass.

    (e)  The county clerk is the clerk of the board of county canvassers.

    (2) 

    (a)  The mayor and the municipal legislative body are the board of municipal canvassers for the municipality.

    (b)  The board of municipal canvassers shall meet to canvass the returns at the usual place of meeting of the municipal legislative body:

    (i)  for canvassing of returns from a municipal general election, no sooner than seven days after the election and no later than 14 days after the election; or

    (ii)  for canvassing of returns from a municipal primary election, no sooner than seven days after the election and no later than 14 days after the election.

    (c)  Attendance of a simple majority of the municipal legislative body shall constitute a quorum for conducting the canvass.

    (3) 

    (a)  The legislative body of the entity authorizing a bond election is the board of canvassers for each bond election.

    (b)  The board of canvassers for the bond election shall comply with the canvassing procedures and requirements of Section 11-14-207.

    (c)  Attendance of a simple majority of the legislative body of the entity authorizing a bond election shall constitute a quorum for conducting the canvass.

    Amended by Chapter 15, 2023 General Session