17B-1-306. Local district board — Election procedures — Notice.
(1)
Except as provided in Subsection (12), each elected board member shall be selected as provided in this section.
Terms Used In Utah Code 17B-1-306
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
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
(2)
(a)
Each election of a special district board member shall be held:
(i)
at the same time as the municipal general election or the regular general election, as applicable; and
(ii)
at polling places designated by the special district board in consultation with the county clerk for each county in which the special district is located, which polling places shall coincide with municipal general election or regular general election polling places, as applicable, whenever feasible.
(b)
The special district board, in consultation with the county clerk, may consolidate two or more polling places to enable voters from more than one district to vote at one consolidated polling place.
(c)
(i)
Subject to Subsections (5)(h) and (i), the number of polling places under Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one polling place per division of the district, designated by the district board.
(ii)
Each polling place designated by an irrigation district board under Subsection (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection (2)(a)(ii).
(3)
The clerk of each special district with a board member position to be filled at the next municipal general election or regular general election, as applicable, shall provide notice of:
(a)
each elective position of the special district to be filled at the next municipal general election or regular general election, as applicable;
(b)
the constitutional and statutory qualifications for each position; and
(c)
the dates and times for filing a declaration of candidacy.
(4)
The clerk of the special district shall publish the notice described in Subsection (3) for the special district, as a class A notice under Section 63G-30-102, for at least 10 days before the first day for filing a declaration of candidacy.
(5)
(a)
Except as provided in Subsection (5)(c), to become a candidate for an elective special district board position, an individual shall file a declaration of candidacy in person with an official designated by the special district within the candidate filing period for the applicable election year in which the election for the special district board is held and:
(i)
during the special district’s standard office hours, if the standard office hours provide at least three consecutive office hours each day during the candidate filing period that is not a holiday or weekend; or
(ii)
if the standard office hours of a special district do not provide at least three consecutive office hours each day, a three-hour consecutive time period each day designated by the special district during the candidate filing period that is not a holiday or weekend.
(b)
When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the filing time shall be extended until the close of normal office hours on the following regular business day.
(c)
Subject to Subsection (5)(f), an individual may designate an agent to file a declaration of candidacy with the official designated by the special district if:
(i)
the individual is located outside of the state during the entire filing period;
(ii)
the designated agent appears in person before the official designated by the special district; and
(iii)
the individual communicates with the official designated by the special district using an electronic device that allows the individual and official to see and hear each other.
(d)
(i)
Before the filing officer may accept any declaration of candidacy from an individual, the filing officer shall:
(A)
read to the individual the constitutional and statutory qualification requirements for the office that the individual is seeking; and
(B)
require the individual to state whether the individual meets those requirements.
(ii)
If the individual does not meet the qualification requirements for the office, the filing officer may not accept the individual’s declaration of candidacy.
(iii)
If it appears that the individual meets the requirements of candidacy, the filing officer shall accept the individual’s declaration of candidacy.
(e)
The declaration of candidacy shall be in substantially the following form: “I, (print name) ____________, being first duly sworn, say that I reside at (Street) ____________, City of ________________, County of ________________, state of Utah, (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the office of board of trustees member for _______________________ (state the name of the special district); that I am a candidate for that office to be voted upon at the next election; and that, if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period, and I hereby request that my name be printed upon the official ballot for that election. (Signed) _________________________________________ Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of ____________, ____. (Signed) ________________________ (Clerk or Notary Public)”.
(f)
An agent designated under Subsection (5)(c) may not sign the form described in Subsection (5)(e).
(g)
Each individual wishing to become a valid write-in candidate for an elective special district board position is governed by Section 20A-9-601.
(h)
If at least one individual does not file a declaration of candidacy as required by this section, an individual shall be appointed to fill that board position in accordance with the appointment provisions of Section 20A-1-512.
(i)
If only one candidate files a declaration of candidacy and there is no write-in candidate who complies with Section 20A-9-601, the board, in accordance with Section 20A-1-206, may:
(i)
consider the candidate to be elected to the position; and
(ii)
cancel the election.
(6)
(a)
A primary election may be held if:
(i)
the election is authorized by the special district board; and
(ii)
the number of candidates for a particular local board position or office exceeds twice the number of persons needed to fill that position or office.
(b)
The primary election shall be conducted:
(i)
on the same date as the municipal primary election or the regular primary election, as applicable; and
Except as provided in Subsection (7)(c), within one business day after the deadline for filing a declaration of candidacy, the special district clerk shall certify the candidate names to the clerk of each county in which the special district is located.
(b)
(i)
Except as provided in Subsection (7)(c) and in accordance with Section 20A-6-305, the clerk of each county in which the special district is located and the special district clerk shall coordinate the placement of the name of each candidate for special district office in the nonpartisan section of the ballot with the appropriate election officer.
(ii)
If consolidation of the special district election ballot with the municipal general election ballot or the regular general election ballot, as applicable, is not feasible, the special district board of trustees, in consultation with the county clerk, shall provide for a separate special district election ballot to be administered by poll workers at polling places designated under Subsection (2).
(c)
(i)
Subsections (7)(a) and (b) do not apply to an election of a member of the board of an irrigation district established under 5.
(ii)
(A)
Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall prescribe the form of the ballot for each board member election.
(B)
Each ballot for an election of an irrigation district board member shall be in a nonpartisan format.
(C)
The name of each candidate shall be placed on the ballot in the order specified under Section 20A-6-305.
(8)
(a)
Each voter at an election for a board of trustees member of a special district shall:
(i)
be a registered voter within the district, except for an election of:
(A)
an irrigation district board of trustees member; or
(B)
a basic special district board of trustees member who is elected by property owners; and
(ii)
meet the requirements to vote established by the district.
(b)
Each voter may vote for as many candidates as there are offices to be filled.
(c)
The candidates who receive the highest number of votes are elected.
(9)
Except as otherwise provided by this section, the election of special district board members is governed by Title 20A, Election Code.
(10)
(a)
Except as provided in Subsection 17B-1-303(8), a person elected to serve on a special district board shall serve a four-year term, beginning at noon on the January 1 after the person’s election.
(b)
A person elected shall be sworn in as soon as practical after January 1.
(11)
(a)
Except as provided in Subsection (11)(b), each special district shall reimburse the county or municipality holding an election under this section for the costs of the election attributable to that special district.
(b)
Each irrigation district shall bear the district’s own costs of each election the district holds under this section.
(12)
This section does not apply to an improvement district that provides electric or gas service.
(13)
Except as provided in Subsection 20A-3a-605(1)(b), the provisions of 6, do not apply to an election under this section.
(14)
(a)
As used in this Subsection (14), “board” means:
(i)
a special district board; or
(ii)
the administrative control board of a special service district that has elected members on the board.
(b)
A board may hold elections for membership on the board at a regular general election instead of a municipal general election if the board submits an application to the lieutenant governor that:
(i)
requests permission to hold elections for membership on the board at a regular general election instead of a municipal general election; and
(ii)
indicates that holding elections at the time of the regular general election is beneficial, based on potential cost savings, a potential increase in voter turnout, or another material reason.
(c)
Upon receipt of an application described in Subsection (14)(b), the lieutenant governor may approve the application if the lieutenant governor concludes that holding the elections at the regular general election is beneficial based on the criteria described in Subsection (14)(b)(ii).
(d)
If the lieutenant governor approves a board’s application described in this section:
(i)
all future elections for membership on the board shall be held at the time of the regular general election; and
(ii)
the board may not hold elections at the time of a municipal general election unless the board receives permission from the lieutenant governor to hold all future elections for membership on the board at a municipal general election instead of a regular general election, under the same procedure, and by applying the same criteria, described in this Subsection (14).
(15)
(a)
This Subsection (15) applies to a special district if:
(i)
the special district’s board members are elected by the owners of real property, as provided in Subsection 17B-1-1402(1)(b); and
(ii)
the special district was created before January 1, 2020.
(b)
The board of a special district described in Subsection (15)(a) may conduct an election:
(i)
to fill a board member position that expires at the end of the term for that board member’s position; and
(ii)
notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired term of a board member.
(c)
An election under Subsection (15)(b) may be conducted as determined by the special district board, subject to Subsection (15)(d).
(d)
(i)
The special district board shall provide to property owners eligible to vote at the special district election:
(A)
notice of the election; and
(B)
a form to nominate an eligible individual to be elected as a board member.
(ii)
(A)
The special district board may establish a deadline for a property owner to submit a nomination form.
(B)
A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after the board provides the notice and nomination form under Subsection (15)(d)(i).
(iii)
(A)
After the deadline for submitting nomination forms, the special district board shall provide a ballot to all property owners eligible to vote at the special district election.
(B)
A special district board shall allow at least five days for ballots to be returned.
(iv)
A special district board shall certify the results of an election under this Subsection (15) during an open meeting of the board.
Amended by Chapter 15, 2023 General Session Amended by Chapter 435, 2023 General Session
