Posting.

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A. As used in the Election Code, "posting" means posting from the date a posting is required until forty-five days after adjournment of the state or county canvassing board or until forty-five days following any recount, contest or other judicial inquiry, whichever is later.

B. A posting as described in Subsection A of this section is satisfied by posting on the website and in a public area in the office of:

(1) the secretary of state, when the secretary of state has the duty to post; or

(2) the county clerk, when the county clerk has the duty to post.

History: 1953 Comp., § 3-1-14, enacted by Laws 1969, ch. 240, § 15; 2011, ch. 137, § 10; 2019, ch. 212, § 8.

ANNOTATIONS

The 2019 amendment, effective April 3, 2019, revised the definition of "posting" as used in the Election Code; in Subsection A, after "means posting", deleted "for not less than seven days prior to an election or to an action to be taken" and added "from the date a posting is required until forty-five days after adjournment of the state or county canvassing board or until forty-five days following any recount, contest or other judicial inquiry, whichever is later"; and in Subsection B, in the introductory clause, after "satisfied by posting", added "on the website and in a public area", in Paragraph B(1), after "secretary of state", deleted "and on the secretary of state's web site", and in Paragraph B(2), after "county clerk", deleted "and on the county's web site, if the county maintains a web site".

The 2011 amendment, effective July 1, 2011, provided for posting in the offices and on the web sites of the secretary of state and county clerks.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Public place defined: what is "public place" within requirement as to posting of election notices, 90 A.L.R.2d 1210.


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