§ UCA § 20A-1-204Date of special election -- Legal effect

Effective 5/4/2022

20A-1-204. 
Date of special election -- Legal effect.




(1)



(a)

Except as provided by Subsection (1)(d), the governor, Legislature, or the legislative body of a local political subdivision calling a statewide special election or local special election under Section 20A-1-203 shall schedule the special election to be held on:


(i)

in an even-numbered year:



(A)

the fourth Tuesday in June; or





(B)

the first Tuesday after the first Monday in November; or








(ii)

in an odd-numbered year:



(A)

the second Tuesday after the first Monday in August; or





(B)

the first Tuesday after the first Monday in November.











(b)

Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative body of a local political subdivision calling a statewide special election or local special election under 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) or (1)(d), the legislative body of a local political subdivision may call a local special election on a date other than those specified in this section if the legislative body:



(A)

determines and declares that there is a disaster, as defined in Section 53-2a-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 53-2a-102, and the 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 hold a local special election on the same date as the presidential primary election conducted under Chapter 9, Part 8, Presidential Primary Election.








(d)

The legislative body of a local political subdivision may only call a special election for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after the first Monday in November.





(e)

Nothing in this section prohibits:


(i)

the governor or Legislature from submitting a matter to the voters at the regular general election if authorized by law; or





(ii)

a local government from submitting a matter to the voters at the regular municipal election if authorized by law.











(2)



(a)

Two or more entities shall comply with Subsection (2)(b) if those entities hold a special 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 170, 2022 General Session