Date of special election -- Legal effect.

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  • (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)the fourth Tuesday in June; or
      • (ii)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.




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