UTAH CODE (Last Updated: January 16, 2015) |
Title 20A. Election Code |
Chapter 1. General Provisions |
Part 2. Elections: General and Special |
§ 20A-1-203. Calling and purpose of special elections -- Two-thirds vote limitations. (Effective 5/13/2014)
Latest version.
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(1) Statewide and local special elections may be held for any purpose authorized by law. (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 53A-16-110 or 53A-17a-133; (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 or not 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 53A-2-117, following the creation of a new school district under Section 53A-2-118.1; (viii) an election of town officers of a newly incorporated town under Section 10-2-128; (ix) an election of officers for a new city under Section 10-2-116; (x) a vote on a municipality providing cable television services or public telecommunications services under Section 10-18-204; (xi) a vote to create a new county under Section 17-3-1; (xii) a vote on the creation of a study committee under Sections 17-52-202 and 17-52-203.5; (xiii) a vote on a special property tax under Section 53A-16-110; (xiv) a vote on the incorporation of a city in accordance with Section 10-2-111; or (xv) a vote on the incorporation of a town in accordance with Section 10-2-127. (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 158, 2014 General Session