Cancellation of local election -- Municipalities -- Local districts -- Notice.
Checkout our iOS App for a better way to browser and research.
(1) A municipal legislative body may cancel a local election if:
(a)
(i)
(A) all municipal officers are elected in an at-large election under Subsection 10-3-205.5(1); and
(B) the number of municipal officer candidates, including any eligible write-in candidates under Section 20A-9-601, for the at-large municipal offices does not exceed the number of open at-large municipal offices for which the candidates have filed; or
(ii)
(A) the municipality has adopted an ordinance under Subsection 10-3-205.5(2);
(B) the number of municipal officer candidates, including any eligible write-in candidates under Section 20A-9-601, for the at-large municipal offices, if any, does not exceed the number of open at-large municipal offices for which the candidates have filed; and
(C) each municipal officer candidate, including any eligible write-in candidates under Section 20A-9-601, in each district is unopposed;
(b) there are no other municipal ballot propositions; and
(c) the municipal legislative body passes, no later than 20 days before the day of the scheduled election, a resolution that cancels the election and certifies that:
(i) each municipal officer candidate is:
(A) unopposed; or
(B) a candidate for an at-large municipal office for which the number of candidates does not exceed the number of open at-large municipal offices; and
(ii) a candidate described in Subsection (1)(c)(i) is considered to be elected to office.
(2) A municipal legislative body that cancels a local election in accordance with Subsection (1) shall give notice that the election is cancelled by:
(a) subject to Subsection (5), posting notice on the Statewide Electronic Voter Information Website as described in Section 20A-7-801, for 15 consecutive days before the day of the scheduled election;
(b) if the municipality has a public website, posting notice on the municipality's public website for 15 days before the day of the scheduled election;
(c) if the elected officials or departments of the municipality regularly publish a printed or electronic newsletter or other periodical, publishing notice in the next scheduled newsletter or other periodical published before the day of the scheduled election;
(d)
(i) publishing notice at least twice in a newspaper of general circulation in the municipality before the day of the scheduled election;
(ii) at least 10 days before the day of the scheduled election, posting one notice, and at least one additional notice per 2,000 population within the municipality, in places within the municipality that are most likely to give notice to the voters in the municipality, subject to a maximum of 10 notices; or
(iii) at least 10 days before the day of the scheduled election, mailing notice to each registered voter in the municipality; and
(e) posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for at least 10 days before the day of the scheduled election.
(3) A local district board may cancel an election as described in Section 17B-1-306 if:
(a)
(i)
(A) any local district officers are elected in an at-large election; and
(B) the number of local district officer candidates for the at-large local district offices, including any eligible write-in candidates under Section 20A-9-601, does not exceed the number of open at-large local district offices for which the candidates have filed; or
(ii)
(A) the local district has divided the local district into divisions under Section 17B-1-306.5;
(B) the number of local district officer candidates, including any eligible write-in candidates under Section 20A-9-601, for the at-large local district offices within the local district, if any, does not exceed the number of open at-large local district offices for which the candidates have filed; and
(C) each local district officer candidate, including any eligible write-in candidates under Section 20A-9-601, in each division of the local district is unopposed;
(b) there are no other local district ballot propositions; and
(c) the local district governing body, no later than 20 days before the day of the scheduled election, adopts a resolution that cancels the election and certifies that:
(i) each local district officer candidate is:
(A) unopposed; or
(B) a candidate for an at-large local district office for which the number of candidates does not exceed the number of open at-large local district offices; and
(ii) a candidate described in Subsection (3)(c)(i) is considered to be elected to office.
(4) A local district that cancels a local election in accordance with Subsection (3) shall provide notice that the election is cancelled:
(a) subject to Subsection (5), by posting notice on the Statewide Electronic Voter Information Website as described in Section 20A-7-801, for 15 consecutive days before the day of the scheduled election;
(b) if the local district has a public website, by posting notice on the local district's public website for 15 days before the day of the scheduled election;
(c) if the local district publishes a newsletter or other periodical, by publishing notice in the next scheduled newsletter or other periodical published before the day of the scheduled election;
(d)
(i) by publishing notice at least twice in a newspaper of general circulation in the local district before the scheduled election;
(ii) at least 10 days before the day of the scheduled election, by posting one notice, and at least one additional notice per 2,000 population of the local district, in places within the local district that are most likely to give notice to the voters in the local district, subject to a maximum of 10 notices; or
(iii) at least 10 days before the day of the scheduled election, by mailing notice to each registered voter in the local district; and
(e) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for at least 10 days before the day of the scheduled election.
(5) A municipal legislative body that posts a notice in accordance with Subsection (2)(a) or a local district that posts a notice in accordance with Subsection (4)(a) is not liable for a notice that fails to post due to technical or other error by the publisher of the Statewide Electronic Voter Information Website.