(1)  The lieutenant governor shall:

Terms Used In Utah Code 67-1a-2

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means :Utah Code 68-3-12.5
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  perform duties delegated by the governor, including assignments to serve in any of the following capacities:

(i)  as the head of any one department, if so qualified, with the advice and consent of the Senate, and, upon appointment at the pleasure of the governor and without additional compensation;

(ii)  as the chairperson of any cabinet group organized by the governor or authorized by law for the purpose of advising the governor or coordinating intergovernmental or interdepartmental policies or programs;

(iii)  as liaison between the governor and the state Legislature to coordinate and facilitate the governor’s programs and budget requests;

(iv)  as liaison between the governor and other officials of local, state, federal, and international governments or any other political entities to coordinate, facilitate, and protect the interests of the state;

(v)  as personal advisor to the governor, including advice on policies, programs, administrative and personnel matters, and fiscal or budgetary matters; and

(vi)  as chairperson or member of any temporary or permanent boards, councils, commissions, committees, task forces, or other group appointed by the governor;

(b)  serve on all boards and commissions in lieu of the governor, whenever so designated by the governor;

(c)  serve as the chief election officer of the state as required by Subsection (2);

(d)  keep custody of the Great Seal of the State of Utah;

(e)  keep a register of, and attest, the official acts of the governor;

(f)  affix the Great Seal, with an attestation, to all official documents and instruments to which the official signature of the governor is required; and

(g)  furnish a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the office of the lieutenant governor to any person who requests it and pays the fee.

(2) 

(a)  As the chief election officer, the lieutenant governor shall:

(i)  exercise oversight, and general supervisory authority, over all elections;

(ii)  exercise direct authority over the conduct of elections for federal, state, and multicounty officers and statewide or multicounty ballot propositions and any recounts involving those races;

(iii)  establish uniformity in the election ballot;

(iv) 

(A)  prepare election information for the public as required by law and as determined appropriate by the lieutenant governor; and

(B)  make the information described in Subsection (2)(a)(iv)(A) available to the public and to news media, on the Internet, and in other forms as required by law and as determined appropriate by the lieutenant governor;

(v)  receive and answer election questions and maintain an election file on opinions received from the attorney general;

(vi)  maintain a current list of registered political parties as defined in Section 20A-8-101;

(vii)  maintain election returns and statistics;

(viii)  certify to the governor the names of individuals nominated to run for, or elected to, office;

(ix)  ensure that all voting equipment purchased by the state complies with the requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;

(x)  during a declared emergency, to the extent that the lieutenant governor determines it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location relating to:

(A)  voting on election day;

(B)  early voting;

(C)  the transmittal or voting of an absentee ballot or military-overseas ballot;

(D)  the counting of an absentee ballot or military-overseas ballot; or

(E)  the canvassing of election returns; and

(xi)  exercise all other election authority, and perform other election duties, as provided in Title 20A, Election Code.

(b)  As chief election officer, the lieutenant governor:

(i)  shall oversee all elections, and functions relating to elections, in the state;

(ii)  shall, in accordance with Section 20A-1-105, take action to enforce compliance by an election officer with legal requirements relating to elections; and

(iii)  may not assume the responsibilities assigned to the county clerks, city recorders, town clerks, or other local election officials by Title 20A, Election Code.

(3) 

(a)  The lieutenant governor shall:

(i)  determine a new municipality’s classification under Section 10-2-301 upon the city’s incorporation under 2, based on the municipality’s population using the population estimate from the Utah Population Committee; and

(ii) 

(A)  prepare a certificate indicating the class in which the new municipality belongs based on the municipality’s population; and

(B)  within 10 days after preparing the certificate, deliver a copy of the certificate to the municipality’s legislative body.

(b)  The lieutenant governor shall:

(i)  determine the classification under Section 10-2-301 of a consolidated municipality upon the consolidation of multiple municipalities under 6, using population information from:

(A)  each official census or census estimate of the United States Bureau of the Census; or

(B)  the population estimate from the Utah Population Committee, if the population of a municipality is not available from the United States Bureau of the Census; and

(ii) 

(A)  prepare a certificate indicating the class in which the consolidated municipality belongs based on the municipality’s population; and

(B)  within 10 days after preparing the certificate, deliver a copy of the certificate to the consolidated municipality’s legislative body.

(c)  The lieutenant governor shall:

(i)  determine a new metro township’s classification under Section 10-2-301.5 upon the metro township’s incorporation under 4, based on the metro township’s population using the population estimates from the Utah Population Committee; and

(ii)  prepare a certificate indicating the class in which the new metro township belongs based on the metro township’s population and, within 10 days after preparing the certificate, deliver a copy of the certificate to the metro township’s legislative body.

(d)  The lieutenant governor shall monitor the population of each municipality using population information from:

(i)  each official census or census estimate of the United States Bureau of the Census; or

(ii)  the population estimate from the Utah Population Committee, if the population of a municipality is not available from the United States Bureau of the Census.

(e)  If the applicable population figure under Subsection (3)(b) or (d) indicates that a municipality’s population has increased beyond the population for its current class, the lieutenant governor shall:

(i)  prepare a certificate indicating the class in which the municipality belongs based on the increased population figure; and

(ii)  within 10 days after preparing the certificate, deliver a copy of the certificate to the legislative body of the municipality whose class has changed.

(f) 

(i)  If the applicable population figure under Subsection (3)(b) or (d) indicates that a municipality’s population has decreased below the population for its current class, the lieutenant governor shall send written notification of that fact to the municipality’s legislative body.

(ii)  Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose population has decreased below the population for its current class, the lieutenant governor shall:

(A)  prepare a certificate indicating the class in which the municipality belongs based on the decreased population figure; and

(B)  within 10 days after preparing the certificate, deliver a copy of the certificate to the legislative body of the municipality whose class has changed.

Amended by Chapter 297, 2023 General Session

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