Incorporation election -- Notice of election -- Voter information pamphlet.
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(1)
(a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b), the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition to be held on the date of the next regular general election described in Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that is at least 65 days after the day on which the lieutenant governor certifies the petition.
(b)
(i) The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a).
(ii) The county shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i).
(2) The county clerk shall provide notice of the election:
(a)
(i) by publishing notice in a newspaper of general circulation within the area proposed to be incorporated at least once a week for three successive weeks before the election;
(ii) at least three weeks before the day of the election, by posting one notice, and at least one additional notice per 2,000 population of the area proposed to be incorporated, in places within the area proposed to be incorporated that are most likely to give notice to the voters within the area proposed to be incorporated, subject to a maximum of 10 notices; or
(iii) at least three weeks before the day of the election, by mailing notice to each registered voter in the area proposed to be incorporated;
(b) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for three weeks before the day of the election;
(c) if the proposed municipality has a website, by posting notice on the proposed municipality's website for three weeks before the day of the election; and
(d) by posting notice on the county's website for three weeks before the day of the election.
(3)
(a) The notice required by Subsection (2) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a municipality;
(iii) a statement of the date and time of the election and the location of polling places; and
(iv) except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(3)(c) and a statement that a full copy of the study is available on the lieutenant governor's website and for inspection at the Office of the Lieutenant Governor.
(b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice may include a statement that specifies the following sources where a registered voter in the area proposed to be incorporated may view or obtain a copy of the feasibility study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and
(iii) a mailing address and telephone number.
(4)
(a) In addition to the notice required under Subsection (2), the county clerk shall publish and distribute, before the incorporation election is held, a voter information pamphlet:
(i) in accordance with the procedures and requirements of Section 20A-7-402;
(ii) in consultation with the lieutenant governor; and
(iii) in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii).
(b) The voter information pamphlet described in Subsection (4)(a):
(i) shall inform the public of the proposed incorporation; and
(ii) may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation.
(5) An individual may not vote in an incorporation election under this section unless the individual is a registered voter who resides, as defined in Section 20A-1-102, within the boundaries of the proposed municipality.
(6) If a majority of those who vote in an incorporation election held under this section cast votes in favor of incorporation, the area shall incorporate.