(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; and
(b)
providing notice for the municipality, as a class A notice under Section
63G-30-102
, for at least 15 days before the day of the scheduled election.
(5)
A special 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 special 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 special district board may cancel a special district race if:
(a)
the race is uncontested; and
(b)
the special 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 special 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; and
(b)
as a class A notice under Section
63G-30-102
, for at least 15 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 special 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.
History
Amended by
Chapter
435
,
2023
General Session
,
§
128
, eff.
5/3/2023
.
Amended by
Chapter
15
,
2023
General Session
,
§
223
, eff.
2/27/2023
.
Amended by
Chapter
167
,
2022
General Session
,
§
1
, eff.
5/4/2022
.
Amended by
Chapter
15
,
2021SP1
General Session
,
§
37
, eff.
5/28/2021
.
Amended by
Chapter
355
,
2021
General Session
,
§
75
, eff.
5/5/2021
.
Amended by
Chapter
255
,
2019
General Session
,
§
31
, eff.
5/14/2019
.
Amended by
Chapter
97
,
2012
General Session
,
§
15
, eff.
5/8/2012
.
Enacted by
Chapter
40
,
2011
, 2011 General Session