20A-5-400.5 - Election officer for bond and leeway elections -- Billing.
20A-5-400.5. Election officer for bond and leeway elections -- Billing.
(1) When a voted leeway or bond election is held on the regular general election date orregular primary election date, the county clerk shall serve as the election officer to conduct andadminister that election.
(2) (a) When a voted leeway or bond election is held on the municipal general electiondate or any other election date permitted for special elections under Section 20A-1-204, and thelocal political subdivision calling the election is entirely within the boundaries of theunincorporated county, the county clerk shall serve as the election officer to conduct andadminister that election subject to Subsection (3).
(b) When a voted leeway or bond election is held on the municipal general election dateor any other election date permitted for special elections under Section 20A-1-204, and the localpolitical subdivision calling the election is entirely within the boundaries of a municipality, themunicipal clerk for that municipality shall, except as provided in Subsection (3), serve as theelection officer to conduct and administer that election.
(c) When a voted leeway or bond election is held on the municipal general election dateor any other election date permitted for special elections under Section 20A-1-204, and the localpolitical subdivision calling the election extends beyond the boundaries of a single municipality:
(i) except as provided in Subsection (3), the municipal clerk shall serve as the electionofficer to conduct and administer the election for those portions of the local political subdivisionwhere the municipal general election or other election is being held; and
(ii) except as provided in Subsection (3), the county clerk shall serve as the electionofficer to conduct and administer the election for the unincorporated county and for thoseportions of any municipality where no municipal general election or other election is being held.
(3) When a voted leeway or bond election is held on a date when no other election, otherthan another voted leeway or bond election, is being held in the entire area comprising the localpolitical subdivision calling the voted leeway or bond election:
(a) the clerk or chief executive officer of a local district or the business administrator orsuperintendent of the school district, as applicable, shall serve as the election officer to conductand administer the bond election for those portions of the local political subdivision in which noother election, other than another voted leeway or bond election, is being held, unless the localdistrict or school district has contracted with the county clerk, municipal clerk, or both, to serveas the election officer; and
(b) the county clerk, municipal clerk, or both, as determined by the local politicalsubdivision holding the bond election, shall serve as the election officer to conduct andadminister the bond election for those portions of the local political subdivision in which anotherelection, other than another voted leeway or bond election is being held.
(4) (a) In conducting elections under this section:
(i) the local political subdivision shall provide and pay for election notices; and
(ii) the election officer shall determine polling locations and compile, prepare, and countthe ballots.
(b) The county clerk, the municipal clerk, or both shall:
(i) establish fees for conducting voted leeway and bond elections for local politicalsubdivisions; and
(ii) bill each local political subdivision for the cost of conducting the voted leeway orbond election.
(c) (i) The fees and charges assessed by a county clerk or a municipal clerk under thissection may not exceed the actual costs incurred by the county clerk or the municipal clerk.
(ii) The actual costs shall include:
(A) costs of or rental fees associated with the use of election equipment and supplies; and
(B) reasonable and necessary administrative costs.
(5) An election officer administering and conducting a voted leeway or bond election isauthorized to appoint or employ agents and professional services to assist in conducting andadministering the voted leeway or bond election.
(6) The election officer in a voted leeway or bond election shall conduct its proceduresunder the direction of the local political subdivision calling the voted leeway or bond election.
Amended by Chapter 197, 2010 General Session