20A-1-204 - Date of special election -- Legal effect.
20A-1-204. Date of special election -- Legal effect.
(1) (a) The governor, Legislature, or the legislative body of a local political subdivisioncalling a statewide special election or local special election under Section 20A-1-203 shallschedule the special election to be held on:
(i) the fourth Tuesday in June;
(ii) the first Tuesday after the first Monday in November; or
(iii) for an election of town officers of a newly incorporated town under Subsection10-2-125(9), on any date that complies with the requirements of that subsection.
(b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislativebody of a local political subdivision calling a statewide special election or local special electionunder Section 20A-1-203 may not schedule a special election to be held on any other date.
(c) (i) Notwithstanding the requirements of Subsection (1)(b), the legislative body of alocal political subdivision may call a local special election on a date other than those specified inthis section if the legislative body:
(A) determines and declares that there is a disaster, as defined in Section 63K-3-102,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 63K-3-102, andthe 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 call a local specialelection for the date established in Title 20A, Chapter 9, Part 8, Western States PresidentialPrimary, for Utah's Western States Presidential Primary.
(d) Nothing in this section prohibits:
(i) the governor or Legislature from submitting a matter to the voters at the regulargeneral election if authorized by law; or
(ii) a local government from submitting a matter to the voters at the regular municipalelection if authorized by law.
(2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold aspecial 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 16, 2008 General Session
Amended by Chapter 382, 2008 General Session