20A-1-203.  Calling and purpose of special elections — Two-thirds vote limitations.

(1)  Statewide and local special elections may be held for any purpose authorized by law.

Terms Used In Utah Code 20A-1-203

  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • 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
  • Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102
  • Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
(2) 

(a)  Statewide special elections shall be conducted using the procedure for regular general elections.

(b)  Except as otherwise provided in this title, local special elections shall be conducted using the procedures for regular municipal elections.

(3)  The governor may call a statewide special election by issuing an executive order that designates:

(a)  the date for the statewide special election; and

(b)  the purpose for the statewide special election.

(4)  The Legislature may call a statewide special election by passing a joint or concurrent resolution that designates:

(a)  the date for the statewide special election; and

(b)  the purpose for the statewide special election.

(5) 

(a)  The legislative body of a local political subdivision may call a local special election only for:

(i)  a vote on a bond or debt issue;

(ii)  a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;

(iii)  an initiative authorized by 5;

(iv)  a referendum authorized by 6;

(v)  if required or authorized by federal law, a vote to determine whether Utah’s legal boundaries should be changed;

(vi)  a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;

(vii)  a vote to elect members to school district boards for a new school district and a remaining school district, as defined in Section 53G-3-102, following the creation of a new school district under Section 53G-3-302;

(viii)  a vote on a municipality providing cable television services or public telecommunications services under Section 10-18-204;

(ix)  a vote to create a new county under Section 17-3-1;

(x)  a vote on a special property tax under Section 53F-8-402;

(xi)  a vote on the incorporation of a municipality in accordance with Section 10-2a-210; or

(xii)  a vote on incorporation or annexation as described in Section 10-2a-404.

(b)  The legislative body of a local political subdivision may call a local special election by adopting an ordinance or resolution that designates:

(i)  the date for the local special election as authorized by Section 20A-1-204; and

(ii)  the purpose for the local special election.

(c)  A local political subdivision may not call a local special election unless the ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a two-thirds majority of all members of the legislative body, if the local special election is for:

(i)  a vote on a bond or debt issue as described in Subsection (5)(a)(i);

(ii)  a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or

(iii)  a vote authorized or required for a sales tax issue as described in Subsection (5)(a)(vi).

Amended by Chapter 47, 2020 General Session