20A-1-508 - Midterm vacancies in county elected offices.
20A-1-508. Midterm vacancies in county elected offices.
(1) As used in this section:
(a) "County offices" includes the county executive, members of the county legislativebody, the county treasurer, the county sheriff, the county clerk, the county auditor, the countyrecorder, the county surveyor, and the county assessor.
(b) "County offices" does not mean the offices of president and vice president of theUnited States, United States senators and representatives, members of the Utah Legislature, stateconstitutional officers, county attorneys, district attorneys, and judges.
(2) (a) Until a replacement is selected as provided in this section and has qualified, thecounty legislative body shall appoint an interim replacement to fill the vacant office by followingthe procedures and requirements of this Subsection (2).
(b) (i) To appoint an interim replacement, the county legislative body shall give notice ofthe vacancy to the county central committee of the same political party of the prior office holderand invite that committee to submit the names of three nominees to fill the vacancy.
(ii) That county central committee shall, within 30 days, submit the names of threenominees for the interim replacement to the county legislative body.
(iii) The county legislative body shall, within 45 days after the vacancy occurs, appointone of those nominees to serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint an interim replacement to fill thevacancy within 45 days, the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint areplacement within the statutory time period; and
(B) contains the list of nominees submitted by the party central committee.
(ii) The governor shall appoint an interim replacement from that list of nominees to fillthe vacancy within 30 days after receipt of the letter.
(d) A person appointed as interim replacement under this Subsection (2) shall hold officeuntil their successor is elected and has qualified.
(3) (a) The requirements of this Subsection (3) apply to all county offices that becomevacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the election at which the person was elected but before April10 of the next even-numbered year.
(b) (i) When the conditions established in Subsection (3)(a) are met, the county clerkshall notify the public and each registered political party that the vacancy exists.
(ii) All persons intending to become candidates for the vacant office shall:
(A) file a declaration of candidacy according to the procedures and requirements ofChapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) if nominated as a party candidate or qualified as an independent or write-in candidateunder Chapter 8, Political Party Formation and Procedures, run in the regular general election.
(4) (a) The requirements of this Subsection (4) apply to all county offices that becomevacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after April 9 of the next even-numbered year but more than 50days before the regular primary election.
(b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
shall notify the public and each registered political party that:
(A) the vacancy exists; and
(B) identifies the date and time by which a person interested in becoming a candidatemust file a declaration of candidacy.
(ii) All persons intending to become candidates for the vacant offices shall, within fivedays after the date that the notice is made, ending at the close of normal office hours on the fifthday, file a declaration of candidacy for the vacant office as required by Chapter 9, Part 2,Candidate Qualifications and Declarations of Candidacy.
(iii) The county central committee of each party shall:
(A) select a candidate or candidates from among those qualified candidates who havefiled declarations of candidacy; and
(B) certify the name of the candidate or candidates to the county clerk at least 35 daysbefore the regular primary election.
(5) (a) The requirements of this Subsection (5) apply to all county offices that becomevacant:
(i) if the vacant office has an unexpired term of two years or more; and
(ii) when 50 days or less remain before the regular primary election but more than 50days remain before the regular general election.
(b) When the conditions established in Subsection (5)(a) are met, the county centralcommittees of each political party registered under this title that wishes to submit a candidate forthe office shall summarily certify the name of one candidate to the county clerk for placement onthe regular general election ballot.
(6) (a) The requirements of this Subsection (6) apply to all county offices that becomevacant:
(i) if the vacant office has an unexpired term of less than two years; or
(ii) if the vacant office has an unexpired term of two years or more but 50 days or lessremain before the next regular general election.
(b) (i) When the conditions established in Subsection (6)(a) are met, the countylegislative body shall give notice of the vacancy to the county central committee of the samepolitical party as the prior office holder and invite that committee to submit the names of threenominees to fill the vacancy.
(ii) That county central committee shall, within 30 days, submit the names of threenominees to fill the vacancy to the county legislative body.
(iii) The county legislative body shall, within 45 days after the vacancy occurs, appointone of those nominees to serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint a person to fill the vacancy within 45days, the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint a personto fill the vacancy within the statutory time period; and
(B) contains the list of nominees submitted by the party central committee.
(ii) The governor shall appoint a person to fill the vacancy from that list of nominees tofill the vacancy within 30 days after receipt of the letter.
(d) A person appointed to fill the vacancy under this Subsection (6) shall hold office untiltheir successor is elected and has qualified.
(7) Except as otherwise provided by law, the county legislative body may appoint
replacements to fill all vacancies that occur in those offices filled by appointment of the countylegislative body.
(8) Nothing in this section prevents or prohibits independent candidates from filing adeclaration of candidacy for the office within the same time limits.
(9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a countyoffice shall serve for the remainder of the unexpired term of the person who created the vacancyand until a successor is elected and qualified.
(b) Nothing in this section may be construed to contradict or alter the provisions ofSection 17-16-6.
Amended by Chapter 197, 2010 General Session