Effective 5/4/2022
20A-1-206. Cancellation of local election or local race — Municipalities — Local districts — Notice.
20A-1-206. Cancellation of local election or local race — Municipalities — Local districts — Notice.
- (1) As used in this section:
- (a) “Contested race” means a race in a general election where the number of candidates, including any eligible write-in candidates, exceeds the number of offices to be filled in the race.
- (b) “Election” means an event, run by an election officer, that includes one or more races for public office or one or more ballot propositions.
- (c)
- (i) “Race” means a contest between candidates to obtain the number of votes necessary to take a particular public office.
- (ii) “Race,” as the term relates to a contest for an at-large position, includes all open positions for the same at-large office.
- (iii) “Race,” as the term relates to a contest for a municipal council position that is not an at-large position, includes only the contest to represent a particular district on the council.
- (2) A municipal legislative body may cancel a local election if:
- (a) the ballot for the local election will not include any contested races or ballot propositions; and
- (b) 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) the ballot for the election would not include any contested races or ballot propositions; and
- (ii) the candidates who qualified for the ballot are considered elected.
- (3) A municipal legislative body may cancel a race in a local election if:
- (a) the ballot for the race will not include any contested races or ballot propositions; and
- (b) the municipal legislative body passes, no later than 20 days before the day of the scheduled election, a resolution that cancels the race and certifies that:
- (i) the ballot for the race would not include any contested races or ballot propositions; and
- (ii) the candidate for the race is considered elected.
- (4) A municipal legislative body that cancels a local election in accordance with Subsection (2) shall give notice that the election is cancelled by:
- (a) subject to Subsection (8), providing notice to the lieutenant governor’s office to be posted on the Statewide Electronic Voter Information Website 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.
- (5) A local district board may cancel a local election if:
- (a) the ballot for the local election will not include any contested races or ballot propositions; and
- (b) the local district board passes, no later than 20 days before the day of the scheduled election, a resolution that cancels the election and certifies that:
- (i) the ballot for the election would not include any contested races or ballot propositions; and
- (ii) the candidates who qualified for the ballot are considered elected.
- (6) A local district board may cancel a local district race if:
- (a) the race is uncontested; and
- (b) the local district board passes, no later than 20 days before the day of the scheduled election, a resolution that cancels the race and certifies that the candidate who qualified for the ballot for that race is considered elected.
- (7) A local district that cancels a local election in accordance with Subsection (5) shall provide notice that the election is cancelled:
- (a) subject to Subsection (8), by posting notice on the Statewide Electronic Voter Information Website 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.
- (8) A municipal legislative body that posts a notice in accordance with Subsection (4)(a) or a local district that posts a notice in accordance with Subsection (7)(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.
Amended by Chapter 167, 2022 General Session