“This section sets notice, filing, office-hours, residency, vacancy, and office-holding rules for municipal elections and officers.”
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An elected officer may reside at a secondary residence outside the represented district while keeping a principal residence in the district, for up to one continuous year during the term.
The restriction described in Subsection (7)(c) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
Section 10-3-301(7)(d)
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Showing 39 of 39 provisions
Provision 39
Part 10-3-3
part 10-3-3 Membership on Governing Body, Vacancies, and Power to Vote
§ 10-3-301Notice of offices to be filled and declaration of candidacy period -- Eligibility and residency requirements for elected municipal office -- Mayor and recorder limitations.Provision
Source excerpt
This section sets notice, filing, office-hours, residency, vacancy, and office-holding rules for municipal elections and officers.
Notice of offices to be filled and declaration of candidacy period -- Eligibility and residency requirements for elected municipal office -- Mayor and recorder limitations.
As used in this section: "Absent" means that an elected municipal officer fails to perform official duties, including the officer's failure to attend each regularly scheduled meeting that the officer is required to attend. "Principal place of residence" means the same as that term is defined in Section 20A-2-105 . "Secondary residence" means a place where an individual resides other than the individual's principal place of residence. A municipality shall comply with Sections 20A-5a-301 and 20A-5a-303 to provide notice regarding: the offices to be voted on at the upcoming election; and the declaration of candidacy filing period. An individual who files a declaration of candidacy for a municipal office shall: comply with the requirements described in Section 20A-9-203 ; and file the conflict of interest disclosure statement described in Section 10-3-301.5 . Except as provided in Subsection (3)(b)(ii) , the city recorder or town clerk of each municipality shall maintain office hours from 8 a.m. to 5 p.m. during the filing period described in Subsection 20A-9-203(3)(d) , unless the date occurs on a: Saturday or Sunday; or state holiday as listed in Section 63G-1-301 . If on a regular basis a city recorder or town clerk maintains an office schedule that is less than 40 hours per week, the city recorder or town clerk may comply with Subsection (3)(b)(i) without maintaining office hours by: posting the recorder's or clerk's contact information, including a phone number and email address, on the recorder's or clerk's office door, the main door to the municipal offices, and, if available, on the municipal website; and being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i) , via the contact information described in Subsection (3)(b)(ii)(A) . An individual elected to municipal office shall be a registered voter in the municipality in which the individual is elected. Each elected officer of a municipality shall maintain a principal place of residence within the municipality, and within the district that the elected officer represents, during the officer's term of office. Except as provided in Subsection (6) , an elected municipal office is automatically vacant if the officer elected to the municipal office, during the officer's term of office: establishes a principal place of residence outside the district that the elected officer represents; resides at a secondary residence outside the district that the elected officer represents for a continuous period of more than 60 days while still maintaining a principal place of residence within the district; is absent from the district that the elected officer represents for a continuous period of more than 60 days; or fails to respond to a request, within 30 days after the day on which the elected officer receives the request, from the county clerk or the lieutenant governor seeking information to determine the officer's residency. Notwithstanding Subsection (5) , if an elected municipal officer obtains the consent of the municipal legislative body in accordance with Subsection (6)(b) before the expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii) , the officer may: reside at a secondary residence outside the district that the elected officer represents while still maintaining a principal place of residence within the district for a continuous period of up to one year during the officer's term of office; or be absent from the district that the elected officer represents for a continuous period of up to one year during the officer's term of office. At a public meeting, the municipal legislative body may give the consent described in Subsection (6)(a) by majority vote after taking public comment regarding: whether the legislative body should give the consent; and the length of time to which the legislative body should consent. The mayor of a municipality may not also serve as the municipal recorder or treasurer. The recorder of a municipality may not also serve as the municipal treasurer. An individual who holds a county elected office may not, at the same time, hold a municipal elected office. The restriction described in Subsection (7)(c) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
This subsection defines “Absent,” “principal place of residence,” and “secondary residence.”
As used in this section: "Absent" means that an elected municipal officer fails to perform official duties, including the officer's failure to attend each regularly scheduled meeting that the officer is required to attend. "Principal place of residence" means the same as that term is defined in Section 20A-2-105 . "Secondary residence" means a place where an individual resides other than the individual's principal place of residence.
“Absent” means an elected municipal officer fails to perform official duties, including missing required regularly scheduled meetings.
"Absent" means that an elected municipal officer fails to perform official duties, including the officer's failure to attend each regularly scheduled meeting that the officer is required to attend.
A municipality must comply with specified sections to give notice about offices to be voted on at the upcoming election and the declaration of candidacy filing period.
A municipality shall comply with Sections 20A-5a-301 and 20A-5a-303 to provide notice regarding: the offices to be voted on at the upcoming election; and the declaration of candidacy filing period.
A candidate for municipal office must follow Section 20A-9-203 and file the conflict-of-interest disclosure statement. Municipal recorders and clerks generally must keep office hours from 8 a.m. to 5 p.m. during the filing period, with holiday/weekend exceptions and an alternate contact-availability method for offices open less than 40 hours per week.
An individual who files a declaration of candidacy for a municipal office shall: comply with the requirements described in Section 20A-9-203 ; and file the conflict of interest disclosure statement described in Section 10-3-301.5 . Except as provided in Subsection (3)(b)(ii) , the city recorder or town clerk of each municipality shall maintain office hours from 8 a.m. to 5 p.m. during the filing period described in Subsection 20A-9-203(3)(d) , unless the date occurs on a: Saturday or Sunday; or state holiday as listed in Section 63G-1-301 . If on a regular basis a city recorder or town clerk maintains an office schedule that is less than 40 hours per week, the city recorder or town clerk may comply with Subsection (3)(b)(i) without maintaining office hours by: posting the recorder's or clerk's contact information, including a phone number and email address, on the recorder's or clerk's office door, the main door to the municipal offices, and, if available, on the municipal website; and being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i) , via the contact information described in Subsection (3)(b)(ii)(A) .
A person who files a declaration of candidacy for a municipal office must meet the requirements in Section 20A-9-203 and file the conflict of interest disclosure statement in Section 10-3-301.5.
An individual who files a declaration of candidacy for a municipal office shall: comply with the requirements described in Section 20A-9-203 ; and file the conflict of interest disclosure statement described in Section 10-3-301.5 .
City recorders and town clerks must keep office hours from 8 a.m. to 5 p.m. during the filing period, except on weekends and state holidays; a clerk with a regular schedule under 40 hours per week may use an alternative contact-and-availability method instead.
Except as provided in Subsection (3)(b)(ii) , the city recorder or town clerk of each municipality shall maintain office hours from 8 a.m. to 5 p.m. during the filing period described in Subsection 20A-9-203(3)(d) , unless the date occurs on a: Saturday or Sunday; or state holiday as listed in Section 63G-1-301 . If on a regular basis a city recorder or town clerk maintains an office schedule that is less than 40 hours per week, the city recorder or town clerk may comply with Subsection (3)(b)(i) without maintaining office hours by: posting the recorder's or clerk's contact information, including a phone number and email address, on the recorder's or clerk's office door, the main door to the municipal offices, and, if available, on the municipal website; and being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i) , via the contact information described in Subsection (3)(b)(ii)(A) .
Municipal city recorders or town clerks must keep office hours from 8 a.m. to 5 p.m. during the filing period, except as provided elsewhere and except on weekends or state holidays.
Except as provided in Subsection (3)(b)(ii) , the city recorder or town clerk of each municipality shall maintain office hours from 8 a.m. to 5 p.m. during the filing period described in Subsection 20A-9-203(3)(d) , unless the date occurs on a: Saturday or Sunday; or state holiday as listed in Section 63G-1-301 .
If a city recorder or town clerk regularly works less than 40 hours per week, they may comply with the referenced subsection without keeping office hours by posting contact information and being available by that contact information during the stated times.
If on a regular basis a city recorder or town clerk maintains an office schedule that is less than 40 hours per week, the city recorder or town clerk may comply with Subsection (3)(b)(i) without maintaining office hours by: posting the recorder's or clerk's contact information, including a phone number and email address, on the recorder's or clerk's office door, the main door to the municipal offices, and, if available, on the municipal website; and being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i) , via the contact information described in Subsection (3)(b)(ii)(A) .
posting the recorder's or clerk's contact information, including a phone number and email address, on the recorder's or clerk's office door, the main door to the municipal offices, and, if available, on the municipal website; and
posting the recorder's or clerk's contact information, including a phone number and email address, on the recorder's or clerk's office door, the main door to the municipal offices, and, if available, on the municipal website; and
being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i) , via the contact information described in Subsection (3)(b)(ii)(A) .
being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i) , via the contact information described in Subsection (3)(b)(ii)(A) .
An elected municipal officer must keep a principal residence in the municipality and district during the term of office.
Each elected officer of a municipality shall maintain a principal place of residence within the municipality, and within the district that the elected officer represents, during the officer's term of office. Except as provided in Subsection (6) , an elected municipal office is automatically vacant if the officer elected to the municipal office, during the officer's term of office: establishes a principal place of residence outside the district that the elected officer represents; resides at a secondary residence outside the district that the elected officer represents for a continuous period of more than 60 days while still maintaining a principal place of residence within the district; is absent from the district that the elected officer represents for a continuous period of more than 60 days; or fails to respond to a request, within 30 days after the day on which the elected officer receives the request, from the county clerk or the lieutenant governor seeking information to determine the officer's residency.
An elected municipal officer must keep a principal residence in the municipality and in the district represented during the term of office.
Each elected officer of a municipality shall maintain a principal place of residence within the municipality, and within the district that the elected officer represents, during the officer's term of office.
Except as provided in Subsection (6) , an elected municipal office is automatically vacant if the officer elected to the municipal office, during the officer's term of office: establishes a principal place of residence outside the district
Except as provided in Subsection (6) , an elected municipal office is automatically vacant if the officer elected to the municipal office, during the officer's term of office: establishes a principal place of residence outside the district that the elected officer represents; resides at a secondary residence outside the district that the elected officer represents for a continuous period of more than 60 days while still maintaining a principal place of residence within the district; is absent from the district that the elected officer represents for a continuous period of more than 60 days; or fails to respond to a request, within 30 days after the day on which the elected officer receives the request, from the county clerk or the lieutenant governor seeking information to determine the officer's residency.
resides at a secondary residence outside the district that the elected officer represents for a continuous period of more than 60 days while still maintaining a principal place of residence within the district;
resides at a secondary residence outside the district that the elected officer represents for a continuous period of more than 60 days while still maintaining a principal place of residence within the district;
An elected officer must respond within 30 days to a residency-related information request from the county clerk or lieutenant governor.
fails to respond to a request, within 30 days after the day on which the elected officer receives the request, from the county clerk or the lieutenant governor seeking information to determine the officer's residency.
An elected municipal officer may live outside the district, or be absent from it, for up to one year if the municipal legislative body consents before the stated 60-day period ends.
Notwithstanding Subsection (5) , if an elected municipal officer obtains the consent of the municipal legislative body in accordance with Subsection (6)(b) before the expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii) , the officer may: reside at a secondary residence outside the district that the elected officer represents while still maintaining a principal place of residence within the district for a continuous period of up to one year during the officer's term of office; or be absent from the district that the elected officer represents for a continuous period of up to one year during the officer's term of office. At a public meeting, the municipal legislative body may give the consent described in Subsection (6)(a) by majority vote after taking public comment regarding: whether the legislative body should give the consent; and the length of time to which the legislative body should consent.
An elected municipal officer may, with the municipal legislative body's consent and before the stated 60-day deadline, live outside the represented district or be absent from it for up to one year during the term of office.
Notwithstanding Subsection (5) , if an elected municipal officer obtains the consent of the municipal legislative body in accordance with Subsection (6)(b) before the expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii) , the officer may: reside at a secondary residence outside the district that the elected officer represents while still maintaining a principal place of residence within the district for a continuous period of up to one year during the officer's term of office; or be absent from the district that the elected officer represents for a continuous period of up to one year during the officer's term of office.
An elected officer may reside at a secondary residence outside the represented district while keeping a principal residence in the district, for up to one continuous year during the term.
reside at a secondary residence outside the district that the elected officer represents while still maintaining a principal place of residence within the district for a continuous period of up to one year during the officer's term of office; or
At a public meeting, the municipal legislative body may give the consent described in Subsection (6)(a) by majority vote after taking public comment.
At a public meeting, the municipal legislative body may give the consent described in Subsection (6)(a) by majority vote after taking public comment regarding: whether the legislative body should give the consent; and the length of time to which the legislative body should consent.
Municipal mayors and recorders cannot also serve in the listed other municipal roles, and a person holding a county elected office cannot hold a municipal elected office at the same time.
The mayor of a municipality may not also serve as the municipal recorder or treasurer. The recorder of a municipality may not also serve as the municipal treasurer. An individual who holds a county elected office may not, at the same time, hold a municipal elected office. The restriction described in Subsection (7)(c) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
The restriction described in Subsection (7)(c) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
The restriction described in Subsection (7)(c) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.
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