Download Zipped Introduced WordPerfect SB0115.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 115
1
SPECIAL ELECTION DATES
2
2004 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Curtis S. Bramble
5
6
LONG TITLE
7
General Description:
8
This bill modifies provisions related to special elections.
9
Highlighted Provisions:
10
This bill:
11
. requires local and statewide special elections to be held on either the first Tuesday
12
after the first Monday in November or the fourth Tuesday in June; and
13
. makes technical changes.
14
Monies Appropriated in this Bill:
15
None
16
Other Special Clauses:
17
None
18
Utah Code Sections Affected:
19
AMENDS:
20
10-3-1203, as last amended by Chapter 178, Laws of Utah 2001
21
11-14-4, as last amended by Chapter 22, Laws of Utah 1999
22
17-3-1, as last amended by Chapter 227, Laws of Utah 1993
23
17-52-202, as last amended by Chapter 241, Laws of Utah 2001
24
17-52-203.5, as enacted by Chapter 241, Laws of Utah 2001
25
20A-1-204, as last amended by Chapter 22, Laws of Utah 1999
26
53A-16-110, as last amended by Chapter 326, Laws of Utah 1996
27
28
Be it enacted by the Legislature of the state of Utah:
29
Section 1.
Section
10-3-1203
is amended to read:
30
10-3-1203. Election requirements and procedure for organization under optional
31
form of government.
32
(1) A municipality may reorganize under any form of municipal government provided
33
for in this part or under Section
10-3-103
,
10-3-104
,
10-3-105
, or
10-3-106
, regardless of the
34
city's class under Section
10-2-301
.
35
(2) Reorganization under Subsection (1) shall be by approval of a majority of
36
registered voters of the municipality voting in a special election held for that purpose.
37
(3) (a) The proposal may be entered on the ballot by resolution passed by the governing
38
body of the municipality or by initiative as provided for in Title 20A, Chapter 7, Part 5, Local
39
Initiatives - Procedures.
40
(b) The resolution or petition shall state the number, method of election, and initial
41
terms of council members and shall specify the boundaries of districts substantially equal in
42
population if some or all council members are to be chosen from these districts.
43
(4) (a) The proposal shall be voted upon at a special election to be held not more than
44
twelve months after the resolution is passed or after receipt of a valid initiative petition.
45
[(b) The special election shall be held at least 90 days before or after regular municipal
46
elections.]
47
[(c)] (b) The ballot for the special election to adopt or reject one of the forms of
48
municipal government shall be in substantially the following form:
49
___________________________________________________________________________
50
Shall (name of municipality), Utah, adopt Yes
51
the (council-mayor) (council-manager)
52
(five-member commission) (three-member commission)
53
(six-member council) (five-member council) form of
54
municipal government? No
55
___________________________________________________________________________
56
Section 2.
Section
11-14-4
is amended to read:
57
11-14-4. Election procedure -- Time for election -- Equipment -- Election officials
58
-- Combining precincts.
59
(1) (a) The governing body shall:
60
(i) designate the voting places to be used;
61
(ii) fix the hours during which the polls are to be open, which, if the election is a
62
special election, shall be those provided by law for the conduct of regular general elections;
63
(iii) cause to be provided the necessary ballot boxes, ballots, paraphernalia, equipment,
64
and supplies needed for the election as determined by the governing body; and
65
(iv) unless the election officials to serve at each voting place are otherwise appointed
66
under the provisions of general law, appoint three election officials, who shall be qualified
67
electors of the municipality or other entity calling the election, to serve at each voting place.
68
(b) The governing body may appoint one or more alternate election officials to so serve
69
in case of the absence for any cause of the designated election officials.
70
(2) (a) (i) A bond election may be held and the proposition for the issuance of bonds
71
may be submitted at any general[, primary, or other] election held in the municipality or other
72
entity calling the bond election, or at a special election called for the purpose.
73
(ii) A bond election may not be held, nor a proposition for issuance of bonds be
74
submitted, at the Western States Presidential Primary election established in Title 20A, Chapter
75
9, Part 8, Western States Presidential Primary.
76
(b) [A] The process for calling, the approved purpose, and the date of a special election
77
[may, but need not, be held on the same day as any other election] shall be governed by
78
Sections
20A-1-203
and
20A-1-204
.
79
(c) Where a bond election is being held on the same day as any other election held in
80
the municipality or entity calling the bond election or in some part of that municipality or
81
entity, the election officials serving for the other election may also serve as election officials
82
for the bond election.
83
(3) (a) Voting precincts may be combined for purposes of bond elections.
84
(b) The governing body may designate whatever voting places that it considers best
85
suited, so long as no voter is required to vote outside the county in which he resides.
86
Section 3.
Section
17-3-1
is amended to read:
87
17-3-1. By petition -- Election -- Ballots.
88
Whenever any number of the qualified electors of any portion of any county desire to
89
have the territory within which they reside created into a new county they may petition therefor
90
the county legislative body of the county in which they reside. Such petition must be signed by
91
at least 1/4 of the qualified electors as shown by the registration list of the last preceding
92
general election, residing in that portion of the county to be created into a new county, and by
93
not less than 1/4 of the qualified electors residing in the remaining portion of said county.
94
Such petition must be presented on or before the first Monday in May of any year, and shall
95
propose the name and define the boundaries of such new county. The county legislative body
96
must cause the proposition to be submitted to the legal voters residing in the county at a special
97
election to be held [in the month of July next following] according to the dates established in
98
Section
20A-1-204
, first causing 30 days' notice of such election to be given in the manner
99
provided by law for giving notice of general elections. Such election shall be held, the result
100
thereof canvassed, and returns made under the provisions of the general election laws. The
101
form of ballot to be used at such election shall be:
102
For the creation of (supplying the name proposed) county.
103
Against the creation of (supplying the name proposed) county.
104
Section 4.
Section
17-52-202
is amended to read:
105
17-52-202. County legislative body initiation of adoption of optional plan --
106
Procedure.
107
(1) A county legislative body may initiate the process of adopting an optional plan by
108
adopting a resolution to submit to the voters the question of whether a study committee should
109
be established as provided in Section
17-52-301
.
110
(2) Each resolution adopted under Subsection (1) shall require the question to be
111
submitted to the registered voters of the county [on one of the election dates specified in
112
Subsection
20A-1-204
(1)(a), as the county legislative body determines, no less than 90 days
113
and no more than 180 days] at the next special election scheduled pursuant to Section
114
20A-1-204
after adoption of the resolution under Subsection (1).
115
Section 5.
Section
17-52-203.5
is amended to read:
116
17-52-203.5. Election to determine whether study committee should be
117
established.
118
(1) The county legislative body shall hold an election under this section if:
119
(a) the county legislative body adopts a resolution under Subsection
17-52-202
(1); or
120
(b) a petition filed under Subsection
17-52-203
(1) is certified by the county clerk under
121
Subsection
17-52-203
(3).
122
(2) Each election under Subsection (1) shall be a special election, called and held [on
123
one of the election dates specified in Subsection
20A-1-204
(1)(a), as the county legislative
124
body determines, no less than 90 days and no more than 180 days] as required by Sections
125
20A-1-203
and
20A-1-204
after[, as the case may be]:
126
(a) adoption of a resolution under Subsection
17-52-202
(1); or
127
(b) certification of a petition under Subsection
17-52-203
(3).
128
(3) The county clerk shall prepare the ballot for each election under Subsection (1)
129
with a question that asks substantially as follows:
130
"Shall a study committee be appointed to consider and possibly recommend a change in
131
the form of government of _________________________ County?"
132
Section 6.
Section
20A-1-204
is amended to read:
133
20A-1-204. Date of special election -- Legal effect.
134
(1) (a) The governor, Legislature, or the legislative body of a local political subdivision
135
calling a statewide special election or local special election under Section
20A-1-203
shall
136
schedule the special election to be held on:
137
[(i) the first Tuesday after the first Monday in February;]
138
[(ii) the first Tuesday after the first Monday in May;]
139
[(iii)] (i) the fourth Tuesday in June [in even-numbered years]; or
140
[(iv) the first Tuesday after the first Monday in August; or]
141
[(v)] (ii) the first Tuesday after the first Monday in November.
142
(b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
143
body of a local political subdivision calling a statewide special election or local special election
144
under Section
20A-1-203
may not schedule a special election to be held on any other date.
145
(c) (i) Notwithstanding the requirements of Subsection (1)(b), the legislative body of a
146
local political subdivision may call a local special election on a date other than those specified
147
in this section if the legislative body:
148
(A) determines and declares that there is [an emergency] a disaster, as defined in
149
Section
63-5-2
, requiring that a special election be held on a date other than the ones
150
authorized in statute;
151
(B) identifies specifically the nature of the [emergency] disaster, as defined in Section
152
63-5-2
, and the reasons for holding the special election on that other date; and
153
(C) votes unanimously to hold the special election on that other date.
154
(ii) The legislative body of a local political subdivision may not call a local special
155
election for the date established in Title 20A, Chapter 9, Part 8, Western States Presidential
156
Primary, for Utah's Western States Presidential Primary.
157
(d) Nothing in this section prohibits:
158
(i) the governor or Legislature from submitting a matter to the voters at the regular
159
general election if authorized by law; or
160
(ii) a local government from submitting a matter to the voters at the regular municipal
161
election if authorized by law.
162
(2) (a) [If two] Two or more entities shall comply with Subsection (2)(b) if those
163
entities hold a special election within a county on the same day[, those entities] as:
164
(i) another special election;
165
(ii) a regular general election; or
166
(iii) a municipal general election.
167
(b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
168
[(a)] (i) polling places;
169
[(b)] (ii) ballots;
170
[(c)] (iii) election officials; and
171
[(d)] (iv) other administrative and procedural matters connected with the election.
172
Section 7.
Section
53A-16-110
is amended to read:
173
53A-16-110. Special tax to buy school building sites, build and furnish
174
schoolhouses, or improve school property.
175
(1) (a) [Prior to May 2 of any year, a] A local school board may, by following the
176
process for special elections established in Sections
20A-1-203
and
20A-1-204
, call a special
177
election to determine whether a special property tax should be levied for one or more years to
178
buy building sites, build and furnish schoolhouses, or improve the school property under its
179
control.
180
(b) The tax may not exceed .2% of the taxable value of all taxable property in the
181
district in any one year.
182
(2) The board shall give reasonable notice of the election and follow the same
183
procedure used in elections for the issuance of bonds.
184
(3) If a majority of those voting on the proposition vote in favor of the tax, it is levied
185
in addition to those authorized under Sections
53A-17a-145
and
53A-21-103
and computed on
186
the valuation of the county assessment roll for that year.
187
(4) (a) Within 20 days after the election, the board shall certify the amount of the
188
approved tax to the governing body of the county in which the school district is located.
189
(b) The governing body shall acknowledge receipt of the certification and levy and
190
collect the special tax.
191
(c) It shall then distribute the collected taxes to the business administrator of the school
192
district at the end of each calendar month.
193
(5) The special tax becomes due and delinquent and attaches to and becomes a lien on
194
real and personal property at the same time as state and county taxes.
Legislative Review Note
as of 10-9-03 7:36 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.