Section 101 – Notice of election.

Effective 7/1/2021
20A-5-101. Notice of election.

• (1) On or before November 15 in the year before each regular general election year, the lieutenant governor shall prepare and transmit a written notice to each county clerk that:
  • (a) designates the offices to be filled at the next year’s regular general election;
  • (b) identifies the dates for filing a declaration of candidacy, and for submitting and certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407, and 20A-9-408 for those offices; and
  • (c) contains a description of any ballot propositions to be decided by the voters that have qualified for the ballot as of that date.

• (2)
  • (a) No later than seven business days after the day on which the lieutenant governor transmits the written notice described in Subsection (1), each county clerk shall provide notice, in accordance with Subsection (3):
    • (i) by posting notice in a conspicuous place most likely to give notice of the election to the voters in each voting precinct within the county;
    • (ii)
      • (A) by publishing notice in a newspaper of general circulation in the county;
      • (B) by posting one notice, and at least one additional notice per 2,000 population of the county, in places within the county that are most likely to give notice of the election to the voters in the county, subject to a maximum of 10 notices; or
      • (C) by mailing notice to each registered voter in the county;
    • (iii) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for seven days before the day of the election; and
    • (iv) by posting notice on the county’s website for seven days before the day of the election.
  • (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i), showing a copy of the notice and the places where the notice was posted.

• (3) The notice described in Subsection (2) shall:
  • (a) designate the offices to be voted on in that election; and
  • (b) identify the dates for filing a declaration of candidacy for those offices.

• (4) Except as provided in Subsection (6), before each election, the election officer shall give printed notice of the following information:
  • (a) the date of election;
  • (b) the hours during which the polls will be open;
  • (c) the polling places for each voting precinct, early voting polling place, and election day voting center;
  • (d) the address of the Statewide Electronic Voter Information Website and, if available, the address of the election officer’s website, with a statement indicating that the election officer will post on the website any changes to the location of a polling place and the location of any additional polling place;
  • (e) a phone number that a voter may call to obtain information regarding the location of a polling place; and
  • (f) the qualifications for persons to vote in the election.

• (5) The election officer shall provide the notice described in Subsection (4):
  • (a)
    • (i) by publishing the notice in a newspaper of general circulation in the jurisdiction to which the election pertains, at least two days before the day of the election;
    • (ii) at least two days before the day of the election, by posting one notice, and at least one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction that are most likely to give notice of the election to the voters in the jurisdiction, subject to a maximum of 10 notices; or
    • (iii) by mailing the notice to each registered voter who resides in the jurisdiction to which the election pertains at least five days before the day of the election;
  • (b) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for two days before the day of the election; and
  • (c) if the jurisdiction has a website, by posting notice on the jurisdiction’s website for two days before the day of the election.

• (6) Instead of including the information described in Subsection (4) in the notice, the election officer may give printed notice that:
  • (a) is entitled “Notice of Election”;
  • (b) includes the following: “A [indicate election type] will be held in [indicate the jurisdiction] on [indicate date of election]. Information relating to the election, including polling places, polling place hours, and qualifications of voters may be obtained from the following sources:”; and
  • (c) specifies the following sources where an individual may view or obtain the information described in Subsection (4):
    • (i) if the jurisdiction has a website, the jurisdiction’s website;
    • (ii) the physical address of the jurisdiction offices; and
    • (iii) a mailing address and telephone number.

Amended by Chapter 15, 2021 Special Session 1