Section 203 – Calling and purpose of special elections — Two-thirds vote limitations.

• (1) Statewide and local special elections may be held for any purpose authorized by law.

• (2)
  • (a) Statewide special elections shall be conducted using the procedure for regular general elections.
  • (b) Except as otherwise provided in this title, local special elections shall be conducted using the procedures for regular municipal elections.

• (3) The governor may call a statewide special election by issuing an executive order that designates:
  • (a) the date for the statewide special election; and
  • (b) the purpose for the statewide special election.

• (4) The Legislature may call a statewide special election by passing a joint or concurrent resolution that designates:
  • (a) the date for the statewide special election; and
  • (b) the purpose for the statewide special election.

• (5)
  • (a) The legislative body of a local political subdivision may call a local special election only for:
    • (i) a vote on a bond or debt issue;
    • (ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
    • (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives – Procedures;
    • (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda – Procedures;
    • (v) if required or authorized by federal law, a vote to determine whether Utah’s legal boundaries should be changed;
    • (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
    • (vii) a vote to elect members to school district boards for a new school district and a remaining school district, as defined in Section 53G-3-102, following the creation of a new school district under Section 53G-3-302;
    • (viii) a vote on a municipality providing cable television services or public telecommunications services under Section 10-18-204;
    • (ix) a vote to create a new county under Section 17-3-1;
    • (x) a vote on a special property tax under Section 53F-8-402;
    • (xi) a vote on the incorporation of a municipality in accordance with Section 10-2a-210; or
    • (xii) a vote on incorporation or annexation as described in Section 10-2a-404.
  • (b) The legislative body of a local political subdivision may call a local special election by adopting an ordinance or resolution that designates:
    • (i) the date for the local special election as authorized by Section 20A-1-204; and
    • (ii) the purpose for the local special election.
  • (c) A local political subdivision may not call a local special election unless the ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a two-thirds majority of all members of the legislative body, if the local special election is for:
    • (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
    • (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
    • (iii) a vote authorized or required for a sales tax issue as described in Subsection (5)(a)(vi).

Amended by Chapter 47, 2020 General Session