20A-1-204.  Date of special election — Legal effect.

(1) 

Terms Used In Utah Code 20A-1-204

  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. 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
  • 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
  • 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
  • Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • 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
  • Statute: A law passed by a legislature.
(a)  Except as provided by Subsection (1)(d), the governor, Legislature, or the legislative body of a local political subdivision calling a statewide special election or local special election under Section 20A-1-203 shall schedule the special election to be held on:

(i)  in an even-numbered year:

(A)  the fourth Tuesday in June; or

(B)  the first Tuesday after the first Monday in November; or

(ii)  in an odd-numbered year:

(A)  the second Tuesday after the first Monday in August; or

(B)  the first Tuesday after the first Monday in November.

(b)  Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative body of a local political subdivision calling a statewide special election or local special election under Section 20A-1-203 may not schedule a special election to be held on any other date.

(c) 

(i)  Notwithstanding the requirements of Subsection (1)(b) or (1)(d), the legislative body of a local political subdivision may call a local special election on a date other than those specified in this section if the legislative body:

(A)  determines and declares that there is a disaster, as defined in Section 53-2a-102, requiring that a special election be held on a date other than the ones authorized in statute;

(B)  identifies specifically the nature of the disaster, as defined in Section 53-2a-102, and the reasons for holding the special election on that other date; and

(C)  votes unanimously to hold the special election on that other date.

(ii)  The legislative body of a local political subdivision may not hold a local special election on the same date as the presidential primary election conducted under 8.

(d)  The legislative body of a local political subdivision may only call a special election for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after the first Monday in November.

(e)  Nothing in this section prohibits:

(i)  the governor or Legislature from submitting a matter to the voters at the regular general election if authorized by law; or

(ii)  a local government from submitting a matter to the voters at the regular municipal election if authorized by law.

(2) 

(a)  Two or more entities shall comply with Subsection (2)(b) if those entities hold a special election within a county on the same day as:

(i)  another special election;

(ii)  a regular general election; or

(iii)  a municipal general election.

(b)  Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:

(i)  polling places;

(ii)  ballots;

(iii)  election officials; and

(iv)  other administrative and procedural matters connected with the election.

Amended by Chapter 170, 2022 General Session