Utah Code 20A-1-513. Temporary absence in elected office of a political subdivision for military service

20A-1-513. Temporary absence in elected office of a political subdivision for military service.

(1)

As used in this section:

Terms Used In Utah Code 20A-1-513

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Elected official: means :

(a)	a person elected to an office under Section 20A-1-303 or 6;

(b)	a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or

(c)

a person who is considered to be elected to a special district office in accordance with Subsection 20A-1-206(3)(b)(ii). 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

Person: means :Utah Code 68-3-12.5

Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102

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

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Vacancy: means :

(a)	except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or

(b)

in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102

Writing: includes :Utah Code 68-3-12.5

(a)

“Armed forces” means the same as that term is defined in Section 68-3-12.5, and includes:

(i)	the National Guard; and

(ii)	the national guard and armed forces reserves.

(b)

(i)	“Elected official” is a person who holds an office of a political subdivision that is required by law to be filled by an election.

(ii)	“Elected official” includes a person who is appointed to fill a vacancy in an office described in Subsection (1)(b)(i).

(c)

(i)

“Military leave” means the temporary absence from an office:

(A)	by an elected official called to active, full-time duty in the armed forces; and

(B)	for a period of time that exceeds 30 days and does not exceed 400 days.

(ii)

“Military leave” includes the time a person on leave, as described in Subsection (1)(c)(i), spends for:

(A)	out processing;

(B)	an administrative delay;

(C)	accrued leave; and

(D)	on rest and recuperation leave program of the armed forces.

(d)

“Political subdivision’s governing body” means:

(i)	for a county, city, or town, the legislative body of the county, city, or town;

(ii)	for a special district, the board of trustees of the special district;

(iii)

for a local school district, the local school board;

(iv)

for a special service district:

(A)	the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

(B)	the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301; and

(v)	for a political subdivision not listed in Subsections (1)(d)(i) through (iv), the body that governs the affairs of the political subdivision.

(e)	“Temporary replacement” means the person appointed by the political subdivision’s governing body in accordance with this section to exercise the powers and duties of the office of the elected official who takes military leave.

(2)	An elected official creates a vacancy in the elected official’s office if the elected official is called to active, full-time duty in the armed forces in accordance with Title 10, U.S.C.A. unless the elected official takes military leave as provided by this section.

(3)

(a)	An elected official who is called to active, full-time duty in the armed forces in a status other than in accordance with Title 10, U.S.C.A. shall notify the political subdivision’s governing body of the elected official’s orders not later than five days after receipt of orders.

(b)

The elected official described in Subsection (3)(a) may:

(i)	continue to carry out the official’s duties if possible while on active, full-time duty; or

(ii)	take military leave if the elected official submits to the political subdivision’s governing body written notice of the intent to take military leave and the expected duration of the military leave.

(4)

(a)

An elected official who chooses to continue to carry out the official’s duties while on active, full-time duty shall, within 10 days after arrival at the official’s place of deployment, confirm in writing to the political subdivision’s governing body that the official has the ability to carry out the official’s duties.

(b)	If no confirmation is received by the political subdivision within the time period described in Subsection (4)(a), the elected official shall be placed in a military leave status and a temporary replacement appointed in accordance with Subsection (6).

(5)

An elected official’s military leave:

(a)

begins the later of:

(i)	the day after the day on which the elected official notifies the political subdivision’s governing body of the intent to take military leave;

(ii)	day 11 after the elected official’s deployment if no confirmation is received in accordance with Subsection (4)(a); or

(iii)

the day on which the elected official begins active, full-time duty in the armed forces; and

(b)

ends the sooner of:

(i)	the expiration of the elected official’s term of office; or

(ii)	the day on which the elected official ends active, full-time duty in the armed forces.

(6)

A temporary replacement shall:

(a)	meet the qualifications required to hold the office; and

(b)

be appointed:

(i)	in the same manner as provided by this part for a midterm vacancy if a registered political party nominated the elected official who takes military leave as a candidate for the office; or

(ii)	by the political subdivision’s governing body after submitting an application in accordance with Subsection (8)(b) if a registered political party did not nominate the elected official who takes military leave as a candidate for office.

(7)

(a)	A temporary replacement shall exercise the powers and duties of the office for which the temporary replacement is appointed for the duration of the elected official’s military leave.

(b)	An elected official may not exercise the powers or duties of the office while on military leave.

(c)	If a temporary replacement is not appointed as required by Subsection (6)(b), no person may exercise the powers and duties of the elected official’s office during the elected official’s military leave.

(8)

The political subdivision’s governing body shall establish:

(a)	the distribution of the emoluments of the office between the elected official and the temporary replacement; and

(b)	an application form and the date and time before which a person shall submit the application to be considered by the political subdivision’s governing body for appointment as a temporary replacement.

Amended by Chapter 15, 2023 General Session

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