20A-1-204. Date of special election -- Legal effect.

457 words·~2 min read·/ut/title-20a/chapter-1/20a-1-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(a)Except as provided by Subsection (1)(d) , the governor, Legislature, or the legislative body of a local political subdivision calling a statewide special election or local special election under Section 20A-1-203 shall schedule the special election to be held on:

(i)in an even-numbered year:

(A)the fourth Tuesday in June; or

(B)the first Tuesday after the first Monday in November; or

(ii)in an odd-numbered year:

(A)the second Tuesday after the first Monday in August; or

(B)the first Tuesday after the first Monday in November.

(b)Except as provided in Subsection (1)(c) , the governor, Legislature, or the legislative body of a local political subdivision calling a statewide special election or local special election under Section 20A-1-203 may not schedule a special election to be held on any other date.

(i)Notwithstanding the requirements of Subsection (1)(b) or (1)(d) , the legislative body of a local political subdivision may call a local special election on a date other than those specified in this section if the legislative body:

(A)determines and declares that there is a disaster, as defined in Section 53-2a-102 , requiring that a special election be held on a date other than the ones authorized in statute;

(B)identifies specifically the nature of the disaster, as defined in Section 53-2a-102 , and the reasons for holding the special election on that other date; and

(C)votes unanimously to hold the special election on that other date.

(ii)The legislative body of a local political subdivision may not hold a local special election on the same date as the presidential primary election conducted under Chapter 9, Part 8, Presidential Primary Election .

(d)The legislative body of a local political subdivision may only call a special election for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after the first Monday in November.

(e)Nothing in this section prohibits:

(i)the governor or Legislature from submitting a matter to the voters at the regular general election if authorized by law; or

(ii)a local government from submitting a matter to the voters at the regular municipal election if authorized by law.

(a)Two or more entities shall comply with Subsection (2)(b) if those entities hold a special election within a county on the same day as:

(i)another special election;

(ii)a regular general election; or

(iii)a municipal general election.

(b)Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:

(i)polling places;

(ii)ballots;

(iii)election officials; and

(iv)other administrative and procedural matters connected with the election.

Amended by Chapter 170 , 2022 General Session