20A-5-101.  Notice of election.

(1)  On or before November 15 in the year before each regular general election year, the lieutenant governor shall prepare and transmit a written notice to each county clerk that:

Terms Used In Utah Code 20A-5-101

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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 local 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. 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
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
  • Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
  • (a)  designates the offices to be filled at the next year’s regular general election;

    (b)  identifies the dates for filing a declaration of candidacy, and for submitting and certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407, and 20A-9-408 for those offices; and

    (c)  contains a description of any ballot propositions to be decided by the voters that have qualified for the ballot as of that date.
  • (2)  No later than seven business days after the day on which the lieutenant governor transmits the written notice described in Subsection (1), each county clerk shall publish notice, in accordance with Subsection (3):

    (a) 

    (i)  in a conspicuous place most likely to give notice of the election to the voters in each voting precinct within the county; and

    (ii)  prepare an affidavit of the posting, showing a copy of the notice and the places where the notice was posted;

    (b) 

    (i)  in a newspaper of general circulation in the county;

    (ii)  if there is no newspaper of general circulation within the county, in addition to the notice described in Subsection (2)(a), by posting one notice, and at least one additional notice per 2,000 population of the county, in places within the county that are most likely to give notice of the election to the voters in the county; or

    (iii)  by mailing notice to each registered voter in the county;

    (c)  on the Utah Public Notice Website created in Section 63F-1-701, for seven days before the day of the election;

    (d)  in accordance with Section 45-1-101, for seven days before the day of the election; and

    (e)  on the county’s website for seven days before the day of the election.

    (3)  The notice described in Subsection (2) shall:

    (a)  designate the offices to be voted on in that election; and

    (b)  identify the dates for filing a declaration of candidacy for those offices.

    (4)  Except as provided in Subsection (6), before each election, the election officer shall give printed notice of the following information:

    (a)  the date of election;

    (b)  the hours during which the polls will be open;

    (c)  the polling places for each voting precinct, early voting polling place, and election day voting center;

    (d)  the address of the Statewide Electronic Voter Information Website and, if available, the address of the election officer’s website, with a statement indicating that the election officer will post on the website any changes to the location of a polling place and the location of any additional polling place;

    (e)  a phone number that a voter may call to obtain information regarding the location of a polling place; and

    (f)  the qualifications for persons to vote in the election.

    (5)  To provide the printed notice described in Subsection (4), the election officer shall publish the notice:

    (a) 

    (i)  in a newspaper of general circulation in the jurisdiction to which the election pertains at least two days before the day of the election;

    (ii)  if there is no newspaper of general circulation in the jurisdiction to which the election pertains, at least two days before the day of the election, by posting one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction; or

    (iii)  by mailing the notice to each registered voter who resides in the jurisdiction to which the election pertains at least five days before the day of the election;

    (b)  on the Utah Public Notice Website created in Section 63F-1-701, for two days before the day of the election;

    (c)  in accordance with Section 45-1-101, for two days before the day of the election; and

    (d)  if the jurisdiction has a website, on the jurisdiction’s website for two days before the day of the election.

    (6)  Instead of including the information described in Subsection (4) in the notice, the election officer may give printed notice that:

    (a)  is entitled “Notice of Election”;

    (b)  includes the following: “A [indicate election type] will be held in [indicate the jurisdiction] on [indicate date of election]. Information relating to the election, including polling places, polling place hours, and qualifications of voters may be obtained from the following sources:”; and

    (c)  specifies the following sources where an individual may view or obtain the information described in Subsection (4):

    (i)  if the jurisdiction has a website, the jurisdiction’s website;

    (ii)  the physical address of the jurisdiction offices; and

    (iii)  a mailing address and telephone number.

    Amended by Chapter 255, 2019 General Session

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