20A-4-301. Board of canvassers.

719 words·~3 min read·/ut/title-20a/chapter-4/20a-4-301

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

Effective 5/7/2025

(a)Each county legislative body is the board of county canvassers for:

(i)the county; and

(ii)each special district whose election is conducted by the county if:

(A)the election relates to the creation of the special district;

(B)the county legislative body serves as the governing body of the special district; or

(C)there is no duly constituted governing body of the special district.

(b)The board of county canvassers shall meet to canvass the returns at the usual place of meeting of the county legislative body, at a date and time determined by the county clerk that is no sooner than seven calendar days after the day of the election and no later than 14 calendar days after the day of the election.

(c)If one or more of the county legislative body fails to attend the meeting of the board of county canvassers, the remaining members shall replace the absent member by appointing in the order named:

(i)the county treasurer;

(ii)the county assessor; or

(iii)the county sheriff.

(d)Attendance of the number of persons equal to a simple majority of the county legislative body, but not less than three persons, shall constitute a quorum for conducting the canvass.

(e)The county clerk is the clerk of the board of county canvassers.

(a)The mayor and the municipal legislative body are the board of municipal canvassers for the municipality.

(b)The board of municipal canvassers shall meet to canvass the returns at the usual place of meeting of the municipal legislative body:

(i)for canvassing of returns from a municipal general election, no sooner than seven calendar days after the day of the election and no later than 14 calendar days after the day of the election; or

(ii)for canvassing of returns from a municipal primary election, no sooner than seven calendar days after the day of the election and no later than 14 calendar days after the election.

(c)Attendance of a simple majority of the municipal legislative body shall constitute a quorum for conducting the canvass.

(a)The legislative body of the entity authorizing a bond election is the board of canvassers for each bond election.

(b)The board of canvassers for the bond election shall comply with the canvassing procedures and requirements of Section 11-14-207 .

(c)Attendance of a simple majority of the legislative body of the entity authorizing a bond election shall constitute a quorum for conducting the canvass.

(a)If a board of trustees or an administrative control board is the governing body of a special district, the board of trustees or the administrative control board is the board of special district canvassers for the special district.

(b)The board of special district canvassers shall meet to canvass the returns at the usual place of meeting for the board of trustees or the administrative control board, as applicable, at a date and time determined by the special district clerk that is no sooner than seven calendar days after the day of the election and no later than 14 calendar days after the day of the election.

(c)Attendance of a simple majority of the board of trustees or the administrative control board is a quorum for conducting the canvass.

(5)In relation to an election for the creation of a new school district under Section 53G-3-301.1 , 53G-3-301.3 , or 53G-3-301.4 , or in relation to an election of members of a local school board for a new school district or a reorganized new school district under Section 53G-3-302 , the board of canvassers is:

(a)if the voters permitted to vote in the election are all residents of the same municipality, the mayor and the municipal legislative body;

(b)if the voters permitted to vote in the election are not all residents of the same municipality, but are all residents of the same county, the county legislative body; or

(c)if the voters permitted to vote in the election are not all residents of the same municipality and are not all residents of the same county, the county legislative body of the county where the majority of the voters permitted to vote in the election are residents.

Amended by Chapter 448 , 2025 General Session