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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-215, 1997

The county legislative body must hold primary and final elections for municipal officers of a new municipality, and the county clerk must give notice and administer several election-related duties until incorporation.

Source excerpt

candidate complianceelection administrationmunicipal electionsmunicipal incorporation
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 1997
Dates
Enacted 1997
More statute details
Dates
Enacted 1997
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01

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“The county legislative body must hold primary and final elections for municipal officers of a new municipality, and the county clerk must give notice and administer several election-related duties until incorporation.”

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Subsection 10-2a-215(2)(b)(iii)

consistent with the sponsors' determination of the number of city council members to be elected.

Section 10-2a-215(2)(b)(iii)

Subsection 10-2a-215(6)(a)

is the election officer for all purposes related to the election of municipal officers;

Section 10-2a-215(6)(a)

Subsection 10-2a-215(8)(b)

This timing rule sets when the specified event occurs: at noon on the first Monday after the election official transmits the certificate to each elected candidate.

Section 10-2a-215(8)(b)

04

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In force source record

Source record from le.utah.gov · Enacted 1997

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Showing 37 of 37 provisions

Provision 37

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-215Election of officers of new municipality -- Primary and final election dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of office.Provision

Source excerpt

The county legislative body must hold primary and final elections for municipal officers of a new municipality, and the county clerk must give notice and administer several election-related duties until incorporation.

Election of officers of new municipality -- Primary and final election dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of office. For the election of municipal officers, the county legislative body shall: unless a primary election is prohibited under Subsection 20A-9-404(2) , hold a primary election; and unless the election may be cancelled in accordance with Section 20A-1-206 , hold a final election. Each election described in Subsection (1) shall be held: consistent with the petition sponsors' determination of the length of each council member's initial term; and for the incorporation of a city: appropriate to the form of government chosen by the voters at the incorporation election; consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and consistent with the sponsors' determination of the number of city council members to be elected. Subject to Subsection (3)(b) , and notwithstanding Subsection 20A-1-201.5(2) , the primary election described in Subsection (1)(a) shall be held at the earliest of the next: regular primary election described in Subsection 20A-1-201.5(1) ; or municipal primary election described in Section 20A-9-404 . The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210 . Subject to Subsection (4)(b) , the county shall hold the final election described in Subsection (1)(b) : on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a) ; a regular general election described in Section 20A-1-201 ; or a regular municipal general election under Section 20A-1-202 . The county shall hold the final election on the earliest of the next election date that is listed in Subsection (4)(a)(i) , (ii) , or (iii) : that is after a primary election; or if there is no primary election, that is at least: 75 days after the incorporation election under Section 10-2a-210 ; and 65 days after the candidate filing period. The county clerk shall provide notice of an election under this section for the future municipality, as a class A notice under Section 63G-30-102 , for at least two weeks before the day of the election. Until the municipality is incorporated, the county clerk: is the election officer for all purposes related to the election of municipal officers; may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law; shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208 ; and shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office. An individual who has filed as a candidate for an office described in this section shall comply with: the campaign finance disclosure requirements described in Section 10-3-208 ; and the requirements and deadlines established by the county clerk under this section. Notwithstanding Section 10-3-201 , the officers elected at a final election described in Subsection (4)(a) shall take office: after taking the oath of office; and at noon on the first Monday following the day on which the election official transmits a certificate of nomination or election under the officer's seal to each elected candidate in accordance with Subsection 20A-4-304(6)(b) .
Section 10-2a-215Verify source
§ 10-2a-215(1)Subsection 10-2a-215(1)Provision

Source excerpt

For municipal officer elections, the county legislative body must hold a primary election unless Subsection 20A-9-404(2) prohibits one, and must hold a final election unless it may be cancelled under Section 20A-1-206.

For the election of municipal officers, the county legislative body shall: unless a primary election is prohibited under Subsection 20A-9-404(2) , hold a primary election; and unless the election may be cancelled in accordance with Section 20A-1-206 , hold a final election.
Section 10-2a-215(1)Verify source
§ 10-2a-215(1)(a)Subsection 10-2a-215(1)(a)Provision

Source excerpt

If a primary election is not prohibited under Subsection 20A-9-404(2), the actor must hold a primary election.

unless a primary election is prohibited under Subsection 20A-9-404(2) , hold a primary election; and
Section 10-2a-215(1)(a)Verify source
§ 10-2a-215(1)(b)Subsection 10-2a-215(1)(b)Provision

Source excerpt

The election must be held as a final election unless it may be cancelled under Section 20A-1-206.

unless the election may be cancelled in accordance with Section 20A-1-206 , hold a final election.
Section 10-2a-215(1)(b)Verify source
§ 10-2a-215(2)Subsection 10-2a-215(2)Provision

Source excerpt

These elections must be held in a way that matches the petition sponsors’ decisions and, for city incorporation, the voters’ choices about the form of government and council districts.

Each election described in Subsection (1) shall be held: consistent with the petition sponsors' determination of the length of each council member's initial term; and for the incorporation of a city: appropriate to the form of government chosen by the voters at the incorporation election; consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and consistent with the sponsors' determination of the number of city council members to be elected.
Section 10-2a-215(2)Verify source
§ 10-2a-215(2)(a)Subsection 10-2a-215(2)(a)Provision

Source excerpt

consistent with the petition sponsors' determination of the length of each council member's initial term; and

consistent with the petition sponsors' determination of the length of each council member's initial term; and
Section 10-2a-215(2)(a)Verify source
§ 10-2a-215(2)(b)Subsection 10-2a-215(2)(b)Provision

Source excerpt

for the incorporation of a city: appropriate to the form of government chosen by the voters at the incorporation election; consistent with the voters' decision about whether to elect city council members by district and, if applicable,

for the incorporation of a city: appropriate to the form of government chosen by the voters at the incorporation election; consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and consistent with the sponsors' determination of the number of city council members to be elected.
Section 10-2a-215(2)(b)Verify source
§ 10-2a-215(2)(b)(i)Subsection 10-2a-215(2)(b)(i)Provision

Source excerpt

appropriate to the form of government chosen by the voters at the incorporation election;

appropriate to the form of government chosen by the voters at the incorporation election;
Section 10-2a-215(2)(b)(i)Verify source
§ 10-2a-215(2)(b)(ii)Subsection 10-2a-215(2)(b)(ii)Provision

Source excerpt

consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and

consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and
Section 10-2a-215(2)(b)(ii)Verify source
§ 10-2a-215(2)(b)(iii)Subsection 10-2a-215(2)(b)(iii)Provision

Source excerpt

consistent with the sponsors' determination of the number of city council members to be elected.

consistent with the sponsors' determination of the number of city council members to be elected.
Section 10-2a-215(2)(b)(iii)Verify source
§ 10-2a-215(3)Subsection 10-2a-215(3)Provision

Source excerpt

The county must hold the primary election, if needed, on the next election date after the incorporation election.

Subject to Subsection (3)(b) , and notwithstanding Subsection 20A-1-201.5(2) , the primary election described in Subsection (1)(a) shall be held at the earliest of the next: regular primary election described in Subsection 20A-1-201.5(1) ; or municipal primary election described in Section 20A-9-404 . The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210 .
Section 10-2a-215(3)Verify source
§ 10-2a-215(3)(a)Subsection 10-2a-215(3)(a)Provision

Source excerpt

The primary election in Subsection (1)(a) must be held at the earliest of the next regular primary election or municipal primary election, subject to Subsection (3)(b) and despite Subsection 20A-1-201.5(2).

Subject to Subsection (3)(b) , and notwithstanding Subsection 20A-1-201.5(2) , the primary election described in Subsection (1)(a) shall be held at the earliest of the next: regular primary election described in Subsection 20A-1-201.5(1) ; or municipal primary election described in Section 20A-9-404 .
Section 10-2a-215(3)(a)Verify source
§ 10-2a-215(3)(a)(i)Subsection 10-2a-215(3)(a)(i)Provision

Source excerpt

regular primary election described in Subsection 20A-1-201.5(1) ; or

regular primary election described in Subsection 20A-1-201.5(1) ; or
Section 10-2a-215(3)(a)(i)Verify source
§ 10-2a-215(3)(a)(ii)Subsection 10-2a-215(3)(a)(ii)Provision

Source excerpt

municipal primary election described in Section 20A-9-404 .

municipal primary election described in Section 20A-9-404 .
Section 10-2a-215(3)(a)(ii)Verify source
§ 10-2a-215(3)(b)Subsection 10-2a-215(3)(b)Provision

Source excerpt

If necessary, the county must hold the primary election on the next election date under Subsection (3)(a) after the incorporation election under Section 10-2a-210.

The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210 .
Section 10-2a-215(3)(b)Verify source
§ 10-2a-215(4)Subsection 10-2a-215(4)Provision

Source excerpt

The county must hold the final election under the timing rules in this subsection.

Subject to Subsection (4)(b) , the county shall hold the final election described in Subsection (1)(b) : on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a) ; a regular general election described in Section 20A-1-201 ; or a regular municipal general election under Section 20A-1-202 . The county shall hold the final election on the earliest of the next election date that is listed in Subsection (4)(a)(i) , (ii) , or (iii) : that is after a primary election; or if there is no primary election, that is at least: 75 days after the incorporation election under Section 10-2a-210 ; and 65 days after the candidate filing period.
Section 10-2a-215(4)Verify source
§ 10-2a-215(4)(a)Subsection 10-2a-215(4)(a)Provision

Source excerpt

The county must hold the final election described in Subsection (1)(b), subject to Subsection (4)(b).

Subject to Subsection (4)(b) , the county shall hold the final election described in Subsection (1)(b) : on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a) ; a regular general election described in Section 20A-1-201 ; or a regular municipal general election under Section 20A-1-202 .
Section 10-2a-215(4)(a)Verify source
§ 10-2a-215(4)(a)(i)Subsection 10-2a-215(4)(a)(i)Provision

Source excerpt

Something occurs on the next election date after the incorporation election under Subsection 10-2a-210(1)(a).

on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a) ;
Section 10-2a-215(4)(a)(i)Verify source
§ 10-2a-215(4)(a)(ii)Subsection 10-2a-215(4)(a)(ii)Provision

Source excerpt

a regular general election described in Section 20A-1-201 ; or

a regular general election described in Section 20A-1-201 ; or
Section 10-2a-215(4)(a)(ii)Verify source
§ 10-2a-215(4)(a)(iii)Subsection 10-2a-215(4)(a)(iii)Provision

Source excerpt

a regular municipal general election under Section 20A-1-202 .

a regular municipal general election under Section 20A-1-202 .
Section 10-2a-215(4)(a)(iii)Verify source
§ 10-2a-215(4)(b)Subsection 10-2a-215(4)(b)Provision

Source excerpt

The county must hold the final election on the earliest applicable election date, after a primary election if there is one, or otherwise at least 75 days after the incorporation election and 65 days after the candidate filing period.

The county shall hold the final election on the earliest of the next election date that is listed in Subsection (4)(a)(i) , (ii) , or (iii) : that is after a primary election; or if there is no primary election, that is at least: 75 days after the incorporation election under Section 10-2a-210 ; and 65 days after the candidate filing period.
Section 10-2a-215(4)(b)Verify source
§ 10-2a-215(4)(b)(i)Subsection 10-2a-215(4)(b)(i)Provision

Source excerpt

that is after a primary election; or

that is after a primary election; or
Section 10-2a-215(4)(b)(i)Verify source
§ 10-2a-215(4)(b)(ii)Subsection 10-2a-215(4)(b)(ii)Provision

Source excerpt

If there is no primary election, the relevant date must be at least 75 days after the incorporation election and 65 days after the candidate filing period.

if there is no primary election, that is at least: 75 days after the incorporation election under Section 10-2a-210 ; and 65 days after the candidate filing period.
Section 10-2a-215(4)(b)(ii)Verify source
§ 10-2a-215(4)(b)(ii)(A)Subsection 10-2a-215(4)(b)(ii)(A)Provision

Source excerpt

A 75-day period runs after the incorporation election under Section 10-2a-210.

75 days after the incorporation election under Section 10-2a-210 ; and
Section 10-2a-215(4)(b)(ii)(A)Verify source
§ 10-2a-215(4)(b)(ii)(B)Subsection 10-2a-215(4)(b)(ii)(B)Provision

Source excerpt

A deadline is set for 65 days after the candidate filing period.

65 days after the candidate filing period.
Section 10-2a-215(4)(b)(ii)(B)Verify source
§ 10-2a-215(5)Subsection 10-2a-215(5)Provision

Source excerpt

The county clerk must give election notice for the future municipality at least two weeks before the election.

The county clerk shall provide notice of an election under this section for the future municipality, as a class A notice under Section 63G-30-102 , for at least two weeks before the day of the election.
Section 10-2a-215(5)Verify source
§ 10-2a-215(6)Subsection 10-2a-215(6)Provision

Source excerpt

Until incorporation, the county clerk serves as election officer for municipal officer elections and may set related deadlines, procedures, and instructions as needed and not contrary to law.

Until the municipality is incorporated, the county clerk: is the election officer for all purposes related to the election of municipal officers; may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law; shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208 ; and shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office.
Section 10-2a-215(6)Verify source
§ 10-2a-215(6)(a)Subsection 10-2a-215(6)(a)Provision

Source excerpt

is the election officer for all purposes related to the election of municipal officers;

is the election officer for all purposes related to the election of municipal officers;
Section 10-2a-215(6)(a)Verify source
§ 10-2a-215(6)(b)Subsection 10-2a-215(6)(b)Provision

Source excerpt

An unidentified actor may determine deadlines, procedures, and instructions for electing municipal officers for a new municipality, as necessary and if not contrary to law.

may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law;
Section 10-2a-215(6)(b)Verify source
§ 10-2a-215(6)(c)Subsection 10-2a-215(6)(c)Provision

Source excerpt

shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208 ; and

shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208 ; and
Section 10-2a-215(6)(c)Verify source
§ 10-2a-215(6)(d)Subsection 10-2a-215(6)(d)Provision

Source excerpt

The ballot for the election must include each office required for officers of the newly incorporated municipality, including each office’s term.

shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office.
Section 10-2a-215(6)(d)Verify source
§ 10-2a-215(7)Subsection 10-2a-215(7)Provision

Source excerpt

A candidate who has filed for an office covered by this section must comply with campaign finance disclosure rules in Section 10-3-208 and with requirements and deadlines set by the county clerk under this section.

An individual who has filed as a candidate for an office described in this section shall comply with: the campaign finance disclosure requirements described in Section 10-3-208 ; and the requirements and deadlines established by the county clerk under this section.
Section 10-2a-215(7)Verify source
§ 10-2a-215(7)(a)Subsection 10-2a-215(7)(a)Provision

Source excerpt

the campaign finance disclosure requirements described in Section 10-3-208 ; and

the campaign finance disclosure requirements described in Section 10-3-208 ; and
Section 10-2a-215(7)(a)Verify source
§ 10-2a-215(7)(b)Subsection 10-2a-215(7)(b)Provision

Source excerpt

the requirements and deadlines established by the county clerk under this section.

the requirements and deadlines established by the county clerk under this section.
Section 10-2a-215(7)(b)Verify source
§ 10-2a-215(8)Subsection 10-2a-215(8)Provision

Source excerpt

Elected officers covered by this subsection take office only after taking the oath of office and at noon on the first Monday after the election official sends the certificate to each elected candidate.

Notwithstanding Section 10-3-201 , the officers elected at a final election described in Subsection (4)(a) shall take office: after taking the oath of office; and at noon on the first Monday following the day on which the election official transmits a certificate of nomination or election under the officer's seal to each elected candidate in accordance with Subsection 20A-4-304(6)(b) .
Section 10-2a-215(8)Verify source
§ 10-2a-215(8)(a)Subsection 10-2a-215(8)(a)Provision

Source excerpt

after taking the oath of office; and

after taking the oath of office; and
Section 10-2a-215(8)(a)Verify source
§ 10-2a-215(8)(b)Subsection 10-2a-215(8)(b)Provision

Source excerpt

This timing rule sets when the specified event occurs: at noon on the first Monday after the election official transmits the certificate to each elected candidate.

at noon on the first Monday following the day on which the election official transmits a certificate of nomination or election under the officer's seal to each elected candidate in accordance with Subsection 20A-4-304(6)(b) .
Section 10-2a-215(8)(b)Verify source

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