§ 16-6a-801 Requirement for board of directors
§ 16-6a-802 Qualifications of directors
§ 16-6a-803 Number of directors
§ 16-6a-804 Election, appointment, and designation of directors
§ 16-6a-805 Terms of directors generally
§ 16-6a-806 Staggered terms for directors
§ 16-6a-807 Resignation of directors
§ 16-6a-808 Removal of directors
§ 16-6a-809 Removal of directors by judicial proceeding
§ 16-6a-809 v2 Removal of directors by judicial proceeding
§ 16-6a-810 Vacancy on board
§ 16-6a-811 Compensation of directors
§ 16-6a-812 Meetings
§ 16-6a-813 Action without meeting
§ 16-6a-814 Notice of meeting
§ 16-6a-815 Waiver of notice
§ 16-6a-816 Quorum and voting
§ 16-6a-817 Committees of the board
§ 16-6a-818 Officers
§ 16-6a-819 Duties of officers
§ 16-6a-820 Resignation and removal of officers
§ 16-6a-821 Contract rights with respect to officers
§ 16-6a-822 General standards of conduct for directors and officers
§ 16-6a-823 Limitation of liability of directors
§ 16-6a-824 Liability of directors for unlawful distributions
§ 16-6a-825 Conflicting interest transaction
§ 16-6a-826 Common members, directors, or officers
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Terms Used In Utah Code > Title 16 > Chapter 6a > Part 8 - Directors and Officers

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: means "agent" as defined in Section 61-1-13. See Utah Code 51-7-3
  • Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Bequest: Property gifted by will.
  • Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • Canvassing judge: means a poll worker designated to assist in counting ballots at the canvass. See Utah Code 20A-1-102
  • Certified dealer: means :
    (a) a primary reporting dealer recognized by the Federal Reserve Bank of New York who is certified by the director as having met the applicable criteria of council rule; or
    (b) a broker dealer who:
    (i) has and maintains an office and a resident registered principal in the state;
    (ii) meets the capital requirements established by council rules;
    (iii) meets the requirements for good standing established by council rule; and
    (iv) is certified by the director as meeting quality criteria established by council rule. See Utah Code 51-7-3
  • Certified investment adviser: means a federal covered adviser, as defined in Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by the director as having met the applicable criteria of council rule. See Utah Code 51-7-3
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
  • Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
  • Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
  • Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102
  • County legislative body: means :Utah Code 68-3-12.5
  • County officers: means those county officers that are required by law to be elected. See Utah Code 20A-1-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delegate: means a person elected or appointed to vote in a representative assembly:
    (a) for the election of a director; or
    (b) on matters other than the election of a director. See Utah Code 16-6a-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Devise: To gift property by will.
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Director: means :
    (a) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
    (b) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
  • Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
    (i) members;
    (ii) directors; or
    (iii) officers. See Utah Code 16-6a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Donor: The person who makes a gift.
  • 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
  • Election judge: means a poll worker that is assigned to:
    (a) preside over other poll workers at a polling place;
    (b) act as the presiding election judge; or
    (c) serve as a canvassing judge, counting judge, or receiving judge. 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
  • Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
  • Election results: means :
    (a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or
    (b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. See Utah Code 20A-1-102
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
  • Endowment funds: means gifts, devises, or bequests of property of any kind donated to a higher education institution from any source. See Utah Code 51-7-3
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign nonprofit corporation: means an entity:
    (a) incorporated under a law other than the laws of this state; and
    (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding pollution control property: means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if:
    (i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by:
    (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or
    (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and
    (ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. See Utah Code 19-12-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hard put: means an unconditional sell-back provision or a redemption provision applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer or to an equal or higher-rated third party provider at specific intervals and specific prices determined at the time of issuance. See Utah Code 51-7-3
  • Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). See Utah Code 20A-1-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means :
    (a) a natural person;
    (b) the estate of an incompetent individual; or
    (c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
    (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
    (b) 
    (i) limits the use of the real property, groundwater, or surface water;
    (ii) limits activities that may be performed on or at the property; or
    (iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Investment adviser representative: is a s defined in Section 61-1-13. See Utah Code 51-7-3
  • Investment agreement: includes any agreement to supply investments on one or more future dates. See Utah Code 51-7-3
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Judicial officer: means any justice or judge of a court of record or any county court judge. 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.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102
  • Local government: means a county, municipality, school district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state. See Utah Code 51-7-3
  • 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
  • Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
  • Market value: means market value as defined in the Master Repurchase Agreement. See Utah Code 51-7-3
  • Maximum amount: means , with respect to qualified depositories, the total amount of:
    (a) deposits in excess of the federal deposit insurance limit; and
    (b) nonqualifying repurchase agreements. See Utah Code 51-7-3
  • Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
    (a) is created via electronic or mechanical means; and
    (b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Money market mutual fund: means an open-end managed investment fund:
    (a) that complies with the diversification, quality, and maturity requirements of Rule 2a-7 or any successor rule of the Securities and Exchange Commission applicable to money market mutual funds; and
    (b) that assesses no sales load on the purchase of shares and no contingent deferred sales charge or other similar charges, however designated. See Utah Code 51-7-3
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Municipal legislative body: means :
    (a) the council of the city or town in any form of municipal government; or
    (b) the council of a metro township. See Utah Code 20A-1-102
  • Municipal office: means an elective office in a municipality. See Utah Code 20A-1-102
  • Municipal officers: means those municipal officers that are required by law to be elected. See Utah Code 20A-1-102
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Nonqualifying repurchase agreement: means a repurchase agreement evidencing indebtedness of a qualified depository arising from the transfer of obligations of the United States Treasury or other authorized investments to public treasurers that is:
    (a) evidenced by a safekeeping receipt issued by the qualified depository;
    (b) included in the depository's maximum amount of public funds; and
    (c) valued and maintained at market value plus an appropriate margin collateral requirement based upon the term of the agreement and the type of securities acquired. See Utah Code 51-7-3
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
  • Official endorsement: means the information on the ballot that identifies:
    (a) the ballot as an official ballot;
    (b) the date of the election; and
    (c) 
    (i) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
    (ii) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102
  • Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
  • Party related to a director: means :
    (a) the spouse of the director;
    (b) a child of the director;
    (c) a grandchild of the director;
    (d) a sibling of the director;
    (e) a parent of the director;
    (f) the spouse of an individual described in Subsections (38)(b) through (e);
    (g) an individual having the same home as the director;
    (h) a trust or estate of which the director or another individual specified in this Subsection (38) is a substantial beneficiary; or
    (i) any of the following of which the director is a fiduciary:
    (i) a trust;
    (ii) an estate;
    (iii) an incompetent;
    (iv) a conservatee; or
    (v) a minor. See Utah Code 16-6a-102
  • Permanent funds: means funds whose principal may not be expended, the earnings from which are to be used for purposes designated by law. See Utah Code 51-7-3
  • Permitted depository: means any out-of-state financial institution that meets quality criteria established by rule of the council. See Utah Code 51-7-3
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Person: means :Utah Code 68-3-12.5
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • 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
  • Poll worker: includes election judges. See Utah Code 20A-1-102
  • Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
  • Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
  • Pollution control facility: includes :
    (i) an addition to real property described in Subsection (6)(a);
    (ii) the reconstruction of real property described in Subsection (6)(a); or
    (iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means :
    (a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
  • Provisional ballot: means a ballot voted provisionally by a person:
    (a) whose name is not listed on the official register at the polling place;
    (b) whose legal right to vote is challenged as provided in this title; or
    (c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
  • Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
  • Public funds: means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 51-7-3
  • Public money: means "public funds. See Utah Code 51-7-3
  • Public treasurer: includes the state treasurer and the official of any state board, commission, institution, department, division, agency, or other similar instrumentality, or of any county, city, school district, charter school, political subdivision, or other public body who has the responsibility for the safekeeping and investment of any public funds. See Utah Code 51-7-3
  • 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
  • Qualified depository: means a Utah depository institution or an out-of-state depository institution, as those terms are defined in Section 7-1-103, that is authorized to conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies, whose deposits are insured by an agency of the federal government and that has been certified by the commissioner of financial institutions as having met the requirements established under this chapter and the rules of the council to be eligible to receive deposits of public funds. See Utah Code 51-7-3
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
    (a) by the domestic or foreign nonprofit corporation at:
    (i) its registered office in this state; or
    (ii) its principal office;
    (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
    (c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
  • Receiving judge: means the poll worker that checks the voter's name in the official register at a polling place and provides the voter with a ballot. See Utah Code 20A-1-102
  • Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
    (a) articles of incorporation;
    (b) an application for a certificate of authority; or
    (c) a notice of change of registered office. See Utah Code 16-6a-102
  • Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
  • Regular ballot: means a ballot that is not a provisional ballot. 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
  • Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
    (a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
    (b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
  • Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of:
    (A) the board of directors; or
    (B) the members; and
    (ii) the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and
    (b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • Special district officers: means those special district board members who are required by law to be elected. 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
  • Spoiled ballot: means each ballot that:
    (a) is spoiled by the voter;
    (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
    (c) lacks the official endorsement. See Utah Code 20A-1-102
  • 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
  • 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.
  • Tabulation system: means a device or system designed for the sole purpose of tabulating votes cast by voters at an election. See Utah Code 20A-1-102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Ticket: means a list of:
    (a) political parties;
    (b) candidates for an office; or
    (c) ballot propositions. 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
  • Transfer case: means the sealed box used to transport voted ballots to the counting center. See Utah Code 20A-1-102
  • Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed: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
  • Valid voter identification: means :
    (a) a form of identification that bears the name and photograph of the voter which may include:
    (i) a currently valid Utah driver license;
    (ii) a currently valid identification card that is issued by:
    (A) the state; or
    (B) a branch, department, or agency of the United States;
    (iii) a currently valid Utah permit to carry a concealed weapon;
    (iv) a currently valid United States passport; or
    (v) a currently valid United States military identification card;
    (b) one of the following identification cards, whether or not the card includes a photograph of the voter:
    (i) a valid tribal identification card;
    (ii) a Bureau of Indian Affairs card; or
    (iii) a tribal treaty card; or
    (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
    (i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;
    (ii) a bank or other financial account statement, or a legible copy thereof;
    (iii) a certified birth certificate;
    (iv) a valid social security card;
    (v) a check issued by the state or the federal government or a legible copy thereof;
    (vi) a paycheck from the voter's employer, or a legible copy thereof;
    (vii) a currently valid Utah hunting or fishing license;
    (viii) certified naturalization documentation;
    (ix) a currently valid license issued by an authorized agency of the United States;
    (x) a certified copy of court records showing the voter's adoption or name change;
    (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
    (xii) a currently valid identification card issued by:
    (A) a local government within the state;
    (B) an employer for an employee; or
    (C) a college, university, technical school, or professional school located within the state; or
    (xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
  • Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
    (a) mailing the ballot to the location designated in the mailing; or
    (b) depositing the ballot in a ballot drop box designated by the election officer. 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
  • Voter registration deadline: means the registration deadline provided in Section 20A-2-102. See Utah Code 20A-1-102
  • Voting area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102
  • Voting booth: means :
    (a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
    (b) a voting device that is free standing. See Utah Code 20A-1-102
  • Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
  • Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
  • Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Write-in ballot: means a ballot containing any write-in votes. See Utah Code 20A-1-102
  • Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
  • Writing: includes :Utah Code 68-3-12.5