20A-5-400.1.  Contracting with an election officer to conduct elections — Fees — Contracts and interlocal agreements — Private providers.

(1) 

Terms Used In Utah Code 20A-5-400.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
  • 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
  • Election officer: means :
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (a)  In accordance with this section, a local political subdivision may enter into a contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer to conduct an election.

    (b)  If the boundaries of a local political subdivision holding the election extend beyond a single local political subdivision, the local political subdivision may have more than one provider election officer conduct an election.

    (c)  Upon approval by the lieutenant governor, a municipality may enter into a contract or agreement under Subsection (1)(a) with any local political subdivision in the state, regardless of whether the municipality is located in, next to, or near, the local political subdivision, to conduct an election during which the municipality is participating in the Municipal Alternate Voting Methods Pilot Project.

    (d)  If a municipality enters into a contract or agreement, under Subsection (1)(c), with a local political subdivision other than a county within which the municipality exists, the municipality, the local political subdivision, and the county within which the municipality exists shall enter into a cooperative agreement to ensure the proper functioning of the election.

    (2)  A provider election officer shall conduct an election:

    (a)  under the direction of the contracting election officer; and

    (b)  in accordance with a contract or interlocal agreement.

    (3)  A provider election officer shall establish fees for conducting an election for a contracting election officer that:

    (a)  are consistent with the contract or interlocal agreement; and

    (b)  do not exceed the actual costs incurred by the provider election officer.

    (4)  The contract or interlocal agreement under this section may specify that a contracting election officer request, within a specified number of days before the election, that the provider election officer conduct the election to allow adequate preparations by the provider election officer.

    (5)  An election officer conducting an election may appoint or employ an agent or professional service to assist in conducting the election.

    Amended by Chapter 101, 2021 General Session

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