10-2a-210. Incorporation election -- Notice of election -- Voter information pamphlet.

645 words·~3 min read·/ut/title-10/chapter-2a/10-2a-210

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Effective 5/7/2025

(a)If the county clerk certifies a petition for incorporation under Subsection 10-2a-209 (1)(b), the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition for incorporation to be held on the date of the next regular general election described in Section 20A-1-201 , or the next municipal general election described in Section 20A-1-202 , that is at least 65 days after the day on which the county clerk certifies the petition for incorporation.

(i)The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a).

(ii)The county legislative body shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i).

(2)The county clerk shall provide notice of the election for the area proposed to be incorporated, as a class B notice under Section 63G-30-102 , for at least three weeks before the day of the election.

(a)The notice described in Subsection

(2)shall include:

(i)a statement of the contents of the petition for incorporation;

(ii)a description of the area proposed to be incorporated as a municipality;

(iii)a statement of the date and time of the election and the location of polling places; and

(iv)except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205 (2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices.

(b)Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice may include a statement that specifies the following sources where a registered voter in the area proposed to be incorporated may view or obtain a copy of the feasibility study:

(i)the county's website;

(ii)the physical address of the county clerk office; and

(iii)a mailing address and telephone number.

(a)In addition to the notice described in Subsection (2), the county clerk shall publish and distribute, before the incorporation election is held, a voter information pamphlet:

(i)in accordance with the procedures and requirements of Section 20A-7-402 ;

(ii)in consultation with the lieutenant governor; and

(iii)in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii).

(b)The voter information pamphlet described in Subsection (4)(a):

(i)shall inform the public of the proposed incorporation; and

(ii)may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation.

(5)An individual may not vote in an incorporation election under this section unless the individual is a registered voter who is a resident, as defined in Section 20A-1-102 , within the boundaries of the proposed municipality.

(a)Subject to Subsection (6)(b), if a majority of those who vote in an incorporation election held under this section cast votes in favor of incorporation, the area shall incorporate.

(i)As used in this Subsection (6)(b):

(A)"Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation.

(B)"Separate area" means an unincorporated island, as defined in Section 10-2-814 , that is within a community council area.

(ii)If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation.

(iii)Approving separate areas are incorporated as a municipality if the combined total population within all approving separate areas is at least 80% of the population within the community council area.

Amended by Chapter 399 , 2025 General Session