17B-1-306 - Local district board -- Election procedures.
17B-1-306. Local district board -- Election procedures.
(1) Except as provided in Subsection (11), each elected board member shall be selectedas provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election; and
(ii) at polling places designated by the county clerk in consultation with the local districtfor each county in which the local district is located, which polling places shall coincide withmunicipal general election polling places whenever feasible.
(b) (i) Subject to Subsections (4)(f) and (g), the number of polling places underSubsection (2)(a)(ii) in an election of board members of an irrigation district shall be one pollingplace per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection(2)(b)(i) shall coincide with a polling place designated by the county clerk under Subsection(2)(a)(ii).
(3) (a) The clerk of each local district with a board member position to be filled at thenext municipal general election shall provide notice of:
(i) each elective position of the local district to be filled at the next municipal generalelection;
(ii) the constitutional and statutory qualifications for each position; and
(iii) the dates and times for filing a declaration of candidacy.
(b) The notice required under Subsection (3)(a) shall be:
(i) posted in at least five public places within the local district at least 10 days before thefirst day for filing a declaration of candidacy; or
(ii) (A) published in a newspaper of general circulation within the local district at leastthree but no more than 10 days before the first day for filing a declaration of candidacy; and
(B) published, in accordance with Section 45-1-101, for 10 days before the first day forfiling a declaration of candidacy.
(4) (a) To become a candidate for an elective local district board position, the prospectivecandidate shall file a declaration of candidacy in person with the local district, during officehours and not later than the close of normal office hours between July 1 and July 15 of anyodd-numbered year.
(b) When July 15 is a Saturday, Sunday, or holiday, the filing time shall be extendeduntil the close of normal office hours on the following regular business day.
(c) (i) Before the filing officer may accept any declaration of candidacy, the filing officershall:
(A) read to the prospective candidate the constitutional and statutory qualificationrequirements for the office that the candidate is seeking; and
(B) require the candidate to state whether or not the candidate meets those requirements.
(ii) If the prospective candidate does not meet the qualification requirements for theoffice, the filing officer may not accept the declaration of candidacy.
(iii) If it appears that the prospective candidate meets the requirements of candidacy, thefiling officer shall accept the declaration of candidacy.
(d) The declaration of candidacy shall substantially comply with the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)____________, City of ________________, County of ________________, State of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for theoffice of board of trustees member for _______________________ (state the name of the localdistrict); that I am a candidate for that office to be voted upon at the next election, and I herebyrequest that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of____________, ____.
(Signed) ________________________
(Clerk or Notary Public)"
(e) Each person wishing to become a valid write-in candidate for an elective local districtboard position is governed by Section 20A-9-601.
(f) If at least one person does not file a declaration of candidacy as required by thissection, a person shall be appointed to fill that board position by following the procedures andrequirements for appointment established in Section 20A-1-512.
(g) If only one candidate files a declaration of candidacy and there is no write-incandidate who complies with Section 20A-9-601, the board need not hold an election for thatposition and may appoint the candidate to the board.
(5) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds twicethe number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election, as provided for in Section20A-1-201.5; and
(ii) according to the procedures for municipal primary elections provided under Title20A, Election Code.
(6) (a) Except as provided in Subsection (6)(c), the local district clerk shall certify thecandidate names to the clerk of each county in which the local district is located no later thanAugust 20 of the municipal election year.
(b) (i) Except as provided in Subsection (6)(c), the clerk of each county in which thelocal district is located shall coordinate the placement of the name of each candidate for localdistrict office in the nonpartisan section of the municipal general election ballot with themunicipal election clerk.
(ii) If consolidation of the local district election ballot with the municipal generalelection ballot is not feasible, the county clerk shall provide for a separate local district electionballot to be administered by poll workers at polling locations designated under Subsection (2).
(c) (i) Subsections (6)(a) and (b) do not apply to an election of a member of the board ofan irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (6)(c)(ii)(B), the board of each irrigation district shallprescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in anonpartisan format.
(7) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(8) Except as otherwise provided by this section, the election of local district boardmembers is governed by Title 20A, Election Code.
(9) (a) A person elected to serve on a local district board shall serve a four-year term,beginning at noon on the January 1 after the person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(10) (a) Except as provided in Subsection (10)(b), each local district shall reimburse thecounty or municipality holding an election under this section for the costs of the electionattributable to that local district.
(b) Each irrigation district shall bear its own costs of each election it holds under thissection.
(11) This section does not apply to an improvement district that provides electric or gasservice.
(12) The provisions of Title 20A, Chapter 3, Part 6, Early Voting, do not apply to anelection under this section.
Amended by Chapter 197, 2010 General Session