Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 97 (2015GS)

Sponsor

Rep. Cox, J.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions governing a primary and final election of officers for a newly incorporated city;
• assigns certain duties to the county clerk in regard to the officer election in a newly incorporated city and town;
• provides for the determination of council officer terms in a newly incorporated town;
• requires that the county clerk publish notice regarding candidacy filing and terms of office for council members of a newly incorporated town;
• enacts provisions governing a primary and final election of officers of a newly incorporated town; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

ELECTION OF OFFICIALS OF NEW MUNICIPALITY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Cox
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to the election of an officer for a newly incorporated
city and town.
Highlighted Provisions:
This bill:
▸ amends provisions governing a primary and final election of officers for a newly
incorporated city;
▸ assigns certain duties to the county clerk in regard to the officer election in a newly
incorporated city and town;
▸ provides for the determination of council officer terms in a newly incorporated
town;
▸ requires that the county clerk publish notice regarding candidacy filing and terms of
office for council members of a newly incorporated town;
▸ enacts provisions governing a primary and final election of officers of a newly
incorporated town; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-102
, as last amended by Laws of Utah 2012, Chapter 359
10-2-111
, as last amended by Laws of Utah 2014, Chapter 158
10-2-115
, as last amended by Laws of Utah 2009, Chapter 388
10-2-116
, as last amended by Laws of Utah 2012, Chapter 359
10-2-119
, as last amended by Laws of Utah 2009, Chapter 350
10-2-120
, as last amended by Laws of Utah 2009, Chapter 350
10-2-121
, as last amended by Laws of Utah 2009, Chapter 350
10-2-127
, as last amended by Laws of Utah 2014, Chapter 158
10-2-129
, as enacted by Laws of Utah 2012, Chapter 359
20A-1-203
, as last amended by Laws of Utah 2014, Chapter 158
20A-1-204
, as last amended by Laws of Utah 2013, Chapters 295 and 415
ENACTS:
10-2-128.1
, Utah Code Annotated 1953
10-2-128.2
, Utah Code Annotated 1953
REPEALS AND REENACTS:
10-2-128
, as enacted by Laws of Utah 2012, Chapter 359
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-102
 is amended to read:
10-2-102.
Incorporation of a contiguous area -- Governing provisions of city or
town incorporation.
(1) A contiguous area of a county not within a municipality may incorporate as a
municipality as provided in this part.
(2) (a) Incorporation as a city is governed by Sections 
10-2-103
 through 
10-2-124
.
(b) Incorporation as a town is governed by Sections 
10-2-125
 through [
10-2-129
]
10-2-131
.
Section 2. Section 
10-2-111
 is amended to read:
10-2-111.
Incorporation election.
(1) (a) Upon receipt of a certified petition under Subsection 
10-2-110
(1)(b)(i) or a
certified modified petition under Subsection 
10-2-110
(3), the county legislative body shall
determine and set an election date for the incorporation election that is:
(i) (A) on a 
regular
 general election date under Section 
20A-1-201
; or
(B) on a local special election date under Section 
20A-1-203
; and
(ii) at least 65 days after the day that the legislative body receives the certified petition.
(b) Unless a person is a registered voter who resides, as defined in Section 
20A-1-102
,
within the boundaries of the proposed city, the person may not vote on the proposed
incorporation.
(2) (a) The county clerk shall publish notice of the election:
(i) in a newspaper of general circulation within the area proposed to be incorporated at
least once a week for three successive weeks; and
(ii) in accordance with Section 
45-1-101
 for three weeks.
(b) The notice required by Subsection (2)(a) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a city;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) the feasibility study summary under Subsection 
10-2-106
(3)(b) and a statement
that a full copy of the study is available for inspection and copying at the office of the county
clerk.
(c) The last publication of notice required under Subsection (2)(a) shall occur at least
one day but no more than seven days before the election.
(d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
circulation within the proposed city, the county clerk shall post at least one notice of the
election per 1,000 population in conspicuous places within the proposed city that are most
likely to give notice of the election to the voters of the proposed city.
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
the election under Subsection (1).
(3) If a majority of those casting votes within the area boundaries of the proposed city
vote to incorporate as a city, the area shall incorporate.
Section 3. Section 
10-2-115
 is amended to read:
10-2-115.
Notice of number of commission or council members to be elected and
of district boundaries -- Declaration of candidacy for city office.
(1) (a) Within 20 days of the county legislative body's receipt of the information under
Subsection 
10-2-114
(1)(d), the county clerk shall publish, in accordance with Subsection
(1)(b), notice containing:
(i) the number of commission or council members to be elected for the new city;
(ii) if some or all of the commission or council members are to be elected by district, a
description of the boundaries of those districts as designated by the petition sponsors under
Subsection 
10-2-114
(1)(b);
(iii) information about the deadline for filing a declaration of candidacy for those
seeking to become candidates for mayor or city commission or council; and
(iv) information about the length of the initial term of each of the city officers, as
determined by the petition sponsors under Subsection 
10-2-114
(1)(c).
(b) The notice under Subsection (1)(a) shall be published:
(i) in a newspaper of general circulation within the future city at least once a week for
two successive weeks; and
(ii) in accordance with Section 
45-1-101
 for two weeks.
(c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
circulation within the future city, the county clerk shall post at least one notice per 1,000
population in conspicuous places within the future city that are most likely to give notice to the
residents of the future city.
(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
Subsection (1)(a).
(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
seven days before the deadline for filing a declaration of candidacy under Subsection (2).
(2) Notwithstanding Subsection 
20A-9-203
(2)(a), each person seeking to become a
candidate for mayor or city commission or council of a city incorporating under this part shall[
,
within 45 days of the incorporation election under Section 
10-2-111
,
] file a declaration of
candidacy with the clerk of the county in which the future city is located 
and in accordance
with the deadlines set by the clerk as authorized by Section 
10-2-116
.
Section 4. Section 
10-2-116
 is amended to read:
10-2-116.
Election of officers of new city -- Primary and final election dates --
County clerk duties -- Candidate duties -- Occupation of office.
(1) For the election of city officers, the county legislative body shall:
(a) unless a primary election is prohibited by Subsection 
20A-9-404
(2), hold a primary
election; and
(b) 
unless the election may be cancelled in accordance with Section 
20A-1-206
,
 hold a
final election.
(2) Each election under Subsection (1) shall be:
(a) appropriate to the form of government chosen by the voters at the incorporation
election;
(b) consistent with the voters' decision about whether to elect commission or council
members by district and, if applicable, consistent with the boundaries of those districts as
determined by the petition sponsors; and
(c) consistent with the sponsors' determination of the number of commission or council
members to be elected and the length of their initial term.
(3) (a) Subject to Subsection (3)(b), the primary election under Subsection (1)(a) shall
be held at the earliest of the next:
(i) 
notwithstanding Subsection 
20A-1-201.5
(2),
 regular general election under Section
20A-1-201
;
(ii) notwithstanding Subsection 
20A-1-201.5
(2), regular primary election under
Subsection 
20A-1-201.5
(1);
[
(ii)
] 
(iii)
 municipal primary election under Section 
20A-9-404
; 
or
[
(iii)
] 
(iv) notwithstanding Subsection 
20A-1-201.5
(2),
 municipal general election
under Section 
20A-1-202
[
; or
]
.
[
(iv) special election under Section 
20A-1-204
.
]
[
(b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
may not be held until
]
(b) The county shall hold the primary election, if necessary, on the next earliest
election date listed in Subsection (3)(a)(i), (ii), (iii), or (iv) that is at least:
(i)
days after the incorporation election under Section 
10-2-111
[
.
]
; and
(ii) 65 days after the last day of the candidate filing period.
(4) [
The
] 
(a) Subject to Subsection (4)(b), the county shall hold the
 final election under
Subsection (1)(b) [
shall be held at the next special election date under Section 
20A-1-204
: (a)
after the primary election; or
] 
on one of the following election dates:
(i) regular general election under Section 
20A-1-201
;
(ii) municipal primary election under Section 
20A-9-404
;
(iii) regular municipal general election under Section 
20A-1-202
; or
(iv) regular primary election under Section 
20A-1-201.5
.
(b) The county shall hold the final election on the earliest of the next election date that
is listed in Subsection (4)(a)(i), (ii), (iii), or (iv):
(i) that is after a primary election; or
[
(b)
] 
(ii)
 if there is no primary election, [
more than
] 
that is at least:
(A)
days after the incorporation election under Section 
10-2-111
[
.
]
; and
(B) 65 days after the candidate filing period.
(5) (a) (i) The county clerk shall publish notice of an election under this section:
(A) at least once a week for two successive weeks in a newspaper of general circulation
within the future city; and
(B) in accordance with Section 
45-1-101
 for two weeks.
(ii) The later notice under Subsection (5)(a)(i) shall be at least one day but no more
than seven days before the election.
(b) (i) In accordance with Subsection (5)(a)(i)(A), if there is no newspaper of general
circulation within the future city, the county clerk shall post at least one notice of the election
per 1,000 population in conspicuous places within the future city that are most likely to give
notice of the election to the voters.
(ii) The county clerk shall post the notices under Subsection (5)(b)(i) at least seven
days before each election under Subsection (1).
(6) 
(a)
 Until the city is incorporated, the county clerk
:
(i)
 is the election officer for all purposes in an election of officers of the city approved
at an incorporation election[
.
]
; and
(ii) may, as necessary, determine appropriate deadlines, procedures, and instructions
that are not otherwise contrary to law.
(b) The county clerk shall require and determine deadlines for the filing of campaign
financial disclosures of city officer candidates in accordance with Section 
10-3-208
.
(c) The county clerk is responsible to ensure that:
(i) a primary or final election for the officials of a newly incorporated city is held on a
date authorized by this section; and
(ii) the ballot for the election includes each office that is required to be included in the
election for officers of the newly incorporated city and the term of each office.
(7) A person who has filed as a candidate for an office described in this section shall
comply with the campaign finance disclosure requirements of Section 
10-3-208
 and
requirements and deadlines as lawfully set forth by the county clerk.
(8) Notwithstanding Section 
10-3-201
, the officers elected at a final election described
in Subsection (4)(a) shall take office:
(a) after taking the oath of office; and
(b) 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
(2)(c)(ii).
Section 5. Section 
10-2-119
 is amended to read:
10-2-119.
Filing of notice and approved final local entity plat with lieutenant
governor -- Effective date of incorporation -- Necessity of recording documents and effect
of not recording.
(1) The [
mayor-elect
] 
mayor
 of the future city shall:
(a) within 30 days after the canvass of the final election of city officers under Section
10-2-116
, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of incorporation under
Section 
67-1a-6.5
:
(i) if the city is located within the boundary of a single county, submit to the recorder
of that county the original:
(A) notice of an impending boundary action;
(B) certificate of incorporation; and
(C) approved final local entity plat; or
(ii) if the city is located within the boundaries of more than a single county, submit the
original of the documents listed in Subsections (1)(b)(i)(A), (B), and (C) to one of those
counties and a certified copy of those documents to each other county.
(2) (a) The incorporation is effective upon the lieutenant governor's issuance of a
certificate of incorporation under Section 
67-1a-6.5
.
(b) Notwithstanding any other provision of law, a city is conclusively presumed to be
lawfully incorporated and existing if, for two years following the city's incorporation:
(i) (A) the city has levied and collected a property tax; or
(B) for a city incorporated on or after July 1, 1998, the city has imposed a sales and use
tax; and
(ii) no challenge to the existence or incorporation of the city has been filed in the
district court for the county in which the city is located.
(3) (a) The effective date of an incorporation for purposes of assessing property within
the new city is governed by Section 
59-2-305.5
.
(b) Until the documents listed in Subsection (1)(b) are recorded in the office of the
recorder of each county in which the property is located, a newly incorporated city may not:
(i) levy or collect a property tax on property within the city;
(ii) levy or collect an assessment on property within the city; or
(iii) charge or collect a fee for service provided to property within the city.
Section 6. Section 
10-2-120
 is amended to read:
10-2-120.
Powers of officers.
(1) Upon the canvass of the final election of city officers under Section 
10-2-116
 and
until the future city becomes legally incorporated, the officers of the future city may:
(a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities,
a proposed budget and compilation of ordinances;
(b) negotiate and make personnel contracts and hirings;
(c) negotiate and make service contracts;
(d) negotiate and make contracts to purchase equipment, materials, and supplies;
(e) borrow funds from the county in which the future city is located under Subsection
10-2-121
(3);
(f) borrow funds for startup expenses of the future city;
(g) issue tax anticipation notes in the name of the future city; and
(h) make appointments to the city's planning commission.
(2) The city's legislative body shall review and ratify each contract made by the
[
officers-elect
] 
officers
 under Subsection (1) within 30 days after the effective date of
incorporation under Section 
10-2-119
.
Section 7. Section 
10-2-121
 is amended to read:
10-2-121.
Division of municipal-type services revenues -- County may provide
startup funds.
(1) The county in which an area incorporating under this part is located shall, until the
date of the city's incorporation under Section 
10-2-119
, continue:
(a) to levy and collect ad valorem property tax and other revenues from or pertaining to
the future city; and
(b) except as otherwise agreed by the county and the [
officers-elect
] 
officers
 of the city,
to provide the same services to the future city as the county provided before the
commencement of the incorporation proceedings.
(2) (a) The legislative body of the county in which a newly incorporated city is located
shall share pro rata with the new city, based on the date of incorporation, the taxes and service
charges or fees levied and collected by the county under Section 
17-34-3
 during the year of the
new city's incorporation if and to the extent that the new city provides, by itself or by contract,
the same services for which the county levied and collected the taxes and service charges or
fees.
(b) (i) The legislative body of a county in which a city incorporated after January 1,
2004, is located may share with the new city taxes and service charges or fees that were levied
and collected by the county under Section 
17-34-3
:
(A) before the year of the new city's incorporation;
(B) from the previously unincorporated area that, because of the city's incorporation, is
located within the boundaries of the newly incorporated city; and
(C) for the purpose of providing services to the area that before the new city's
incorporation was unincorporated.
(ii) A county legislative body may share taxes and service charges or fees under
Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts
due under a contract for municipal-type services provided by the county to the new city.
(3) (a) The legislative body of a county in which an area incorporating under this part is
located may appropriate county funds to:
(i) before incorporation but after the canvass of the final election of city officers under
Section 
10-2-116
, the [
officers-elect
] 
officers
 of the future city to pay startup expenses of the
future city; or
(ii) after incorporation, the new city.
(b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a
grant, a loan, or as an advance against future distributions under Subsection (2).
Section 8. Section 
10-2-127
 is amended to read:
10-2-127.
Incorporation of town -- Election to incorporate -- Ballot form.
(1) (a) Upon receipt of a certified petition under Subsection 
10-2-110
(1)(b)(i) or a
certified modified petition under Subsection 
10-2-110
(3), the county legislative body shall
determine and set an election date for the incorporation election that is:
(i) (A) on a 
regular
 general election date under Section 
20A-1-201
; or
(B) on a local special election date under Section 
20A-1-203
; and
(ii) at least 65 days after the day that the legislative body receives the certified petition.
(b) Unless a person is a registered voter who resides, as defined in Section 
20A-1-102
,
within the boundaries of the proposed town, the person may not vote on the proposed
incorporation.
(2) (a) The county clerk shall publish notice of the election:
(i) in a newspaper of general circulation, within the area proposed to be incorporated,
at least once a week for three successive weeks; and
(ii) in accordance with Section 
45-1-101
 for three weeks.
(b) The notice required by Subsection (2)(a) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a town;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) the county Internet website address, if applicable, and the address of the county
office where the feasibility study is available for review.
(c) The last publication of notice required under Subsection (2)(a) shall occur at least
one day but no more than seven days before the election.
(d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
circulation within the proposed town, the county clerk shall post at least one notice of the
election per 100 population in conspicuous places within the proposed town that are most
likely to give notice of the election to the voters of the proposed town.
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
the election under Subsection (1)(a).
(3) The ballot at the incorporation election shall pose the incorporation question
substantially as follows:
Shall the area described as (insert a description of the proposed town) be incorporated
as the town of (insert the proposed name of the proposed town)?
(4) The ballot shall provide a space for the voter to answer yes or no to the question in
Subsection (3).
(5) If a majority of those casting votes within the area boundaries of the proposed town
vote to incorporate as a town, the area shall incorporate.
Section 9. Section 
10-2-128
 is repealed and reenacted to read:
 10-2-128.
Form of government -- Determination of council officer terms --
Hearings and notice.
(1) A newly incorporated town shall operate under the five-member council form of
government as defined in Section 
10-3b-102
.
(2) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
the canvass of the election under Section 
10-2-127
:
(a) determine the initial terms of the mayor and members of the city council so that:
(i) the mayor and approximately half the members of the town council are elected to
serve an initial term, of no less than one year, that allows their successors to serve a full
four-year term that coincides with the schedule established in Subsection 
10-3-205
(1); and
(ii) the remaining members of the town council are elected to serve an initial term, of
no less than one year, that allows their successors to serve a full four-year term that coincides
with the schedule established in Subsection 
10-3-205
(2); and
(b) submit in writing to the county legislative body the results of the sponsors'
determinations under Subsection (2)(a).
(3) (a) Before making a determination under Subsection (2)(a), the petition sponsors
shall hold a public hearing within the future town on the applicable issues under Subsections
(2)(a)(i) and (ii).
(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
(3)(a):
(A) in a newspaper of general circulation within the future town at least once a week
for two successive weeks before the day of the hearing; and
(B) on the Utah Public Notice Website, created in Section 
63F-1-701
, for two weeks
before the day of the hearing.
(ii) The last publication of notice under Subsection (3)(b)(i)(A) shall be at least three
days before the day of the public hearing under Subsection (3)(a).
(c) (i) In accordance with Subsection (3)(b)(i)(A), if there is no newspaper of general
circulation within the future town, the petition sponsors shall post at least one notice of the
hearing per 1,000 population in conspicuous places within the future town that are most likely
to give notice of the hearing to the residents of the future town.
(ii) The petition sponsors shall post the notices under Subsection (3)(c)(i) at least seven
days before the day that the hearing is held under Subsection (3)(a).
Section 10. Section 
10-2-128.1
 is enacted to read:
 10-2-128.1.
Notice of number of council members to be elected and of district
boundaries -- Declaration of candidacy for city office -- Occupation of office.
(1) (a) Within 20 days of the county legislative body's receipt of the information under
Subsection 
10-2-128
(2)(b), the county clerk shall publish, in accordance with Subsection
(1)(b), notice containing:
(i) information about the deadline for filing a declaration of candidacy for those
seeking to become candidates for mayor or town council; and
(ii) information about the length of the initial term of each of the town officers, as
determined by the petition sponsors under Subsection 
10-2-128
(2)(a).
(b) The notice under Subsection (1)(a) shall be published:
(i) in a newspaper of general circulation within the future town at least once a week for
two successive weeks; and
(ii) in accordance with Section 
45-1-101
 for two weeks.
(c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
circulation within the future city, the county clerk shall post at least one notice per 1,000
population in conspicuous places within the future town that are most likely to give notice to
the residents of the future town.
(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
Subsection (1)(a).
(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
seven days before the deadline for filing a declaration of candidacy under Subsection (2).
(2) Notwithstanding Subsection 
20A-9-203
(2)(a), each person seeking to become a
candidate for mayor or town council of a town incorporating under this part shall, within 45
days of the incorporation election under Section 
10-2-127
, file a declaration of candidacy with
the clerk of the county in which the future town is located.
Section 11. Section 
10-2-128.2
 is enacted to read:
 10-2-128.2.
Election of officers of new town -- Primary and final election dates --
County clerk duties -- Candidate duties -- Occupation of office.
(1) For the election of town officers, the county legislative body shall:
(a) unless a primary election is prohibited by Subsection 
20A-9-404
(2), hold a primary
election; and
(b) hold a final election unless the election may be cancelled in accordance with
Section 
20A-1-206
.
(2) Each election under Subsection (1) shall be consistent with the petition sponsors'
determination of the length of each council member's initial term.
(3) (a) Subject to Subsection (3)(b), the primary election under Subsection (1)(a) shall
be held on one of the following election dates:
(i) notwithstanding Subsection 
20A-1-201.5
(2), regular general election under Section
20A-1-201
;
(ii) notwithstanding Subsection 
20A-1-201.5
(2), regular primary election under
Subsection 
20A-1-201.5
(1);
(iii) municipal primary election under Section 
20A-9-404
; or
(iv) notwithstanding Subsection 
20A-1-201.5
(2), municipal general election under
Section 
20A-1-202
.
(b) The county shall hold the primary election, if necessary, at the earliest of the next
election date listed in Subsection (3)(a)(i), (ii), (iii), or (iv) that is at least:
(i) 75 days after the incorporation election under Section 
10-2-127
; and
(ii) 65 days after the last day of the candidate filing period.
(4) (a) Subject to Subsection (4)(b), the county shall hold the final election under
Subsection (1)(b) on one of the following election dates:
(i) regular general election under Section 
20A-1-201
;
(ii) municipal primary election under Section 
20A-9-404
;
(iii) municipal general election under Section 
20A-1-202
; or
(iv) regular primary election under Section 
20A-1-201.5
.
(b) The county shall hold the final election on the next earliest election date listed in
Subsection (4)(a)(i), (ii), (iii), or (iv):
(i) that is after a primary election; or
(ii) if there is no primary election, that is at least:
(A) 75 days after the incorporation election under Section 
10-2-111
; and
(B) 65 days after the candidate filing period.
(5) (a) (i) The county clerk shall publish notice of an election under this section:
(A) at least once a week for two successive weeks in a newspaper of general circulation
within the future town; and
(B) in accordance with Section 
45-1-101
 for two weeks.
(ii) The later notice under Subsection (5)(a)(i) shall be at least one day but no more
than seven days before the election.
(b) (i) In accordance with Subsection (5)(a)(i)(A), if there is no newspaper of general
circulation within the future town, the county clerk shall post at least one notice of the election
per 1,000 population in conspicuous places within the future town that are most likely to give
notice of the election to the voters.
(ii) The county clerk shall post the notices under Subsection (5)(b)(i) at least seven
days before an election under Subsection (1)(a) or (b).
(6) (a) Until the town is incorporated, the county clerk:
(i) is the election officer for all purposes in an election of officers of the town approved
at an incorporation election; and
(ii) may, as necessary, determine appropriate deadlines, procedures, and instructions
that are not otherwise contrary to law.
(b) The county clerk shall require and determine deadlines for the filing of campaign
financial disclosures of town officer candidates in accordance with Section 
10-3-208
.
(c) The county clerk is responsible to ensure that:
(i) a primary or final election for the officials of a newly incorporated town is held on a
date authorized by this section; and
(ii) the ballot for the election includes each office that is required to be included in the
election for officers of the newly incorporated town and the term of each office.
(7) A person who has filed as a candidate for an office described in this section shall
comply with the campaign finance disclosure requirements of Section 
10-3-208
 and
requirements and deadlines as lawfully set forth by the county clerk.
(8) Notwithstanding Section 
10-3-201
, the officers elected at a final election described
in Subsection (4)(a) shall take office:
(a) after taking the oath of office; and
(b) 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
(2)(c)(ii).
Section 12. Section 
10-2-129
 is amended to read:
10-2-129.
Notice to lieutenant governor -- Effective date of incorporation -- Effect
of recording documents.
(1) The [
mayor-elect
] 
mayor
 of the future town shall:
(a) within 30 days after the canvass of the election of town officers under Section
[
10-2-128
] 
10-2-128.2
, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of incorporation under
Section 
67-1a-6.5
:
(i) if the town is located within the boundary of a single county, submit to the recorder
of that county the original:
(A) notice of an impending boundary action;
(B) certificate of incorporation; and
(C) approved final local entity plat; or
(ii) if the town is located within the boundaries of more than a single county, submit
the original of the documents listed in Subsections (1)(b)(i)(A), (B), and (C) to one of those
counties and a certified copy of those documents to each other county.
(2) (a) A new town is incorporated:
(i) on December 31 of the year in which the lieutenant governor issues a certificate of
incorporation under Section 
67-1a-6.5
, if the election of town officers under Section [
10-2-128
]
10-2-128.2
 is held on a regular general or municipal general election date; or
(ii) on the last day of the month during which the lieutenant governor issues a
certificate of incorporation under Section 
67-1a-6.5
, if the election of town officers under
Section [
10-2-128
] 
10-2-128.2
 is held on any other date.
(b) (i) The effective date of an incorporation for purposes of assessing property within
the new town is governed by Section 
59-2-305.5
.
(ii) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
recorder of each county in which the property is located, a newly incorporated town may not:
(A) levy or collect a property tax on property within the town;
(B) levy or collect an assessment on property within the town; or
(C) charge or collect a fee for service provided to property within the town.
Section 13. Section 
20A-1-203
 is amended to read:
20A-1-203.
Calling and purpose of special elections -- Two-thirds vote
limitations.
(1) Statewide and local special elections may be held for any purpose authorized by
law.
(2) (a) Statewide special elections shall be conducted using the procedure for regular
general elections.
(b) Except as otherwise provided in this title, local special elections shall be conducted
using the procedures for regular municipal elections.
(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)
] 
(viii)
 a vote on a municipality providing cable television services or public
telecommunications services under Section 
10-18-204
;
[
(xi)
] 
(ix)
 a vote to create a new county under Section 
17-3-1
;
[
(xii)
] 
(x)
 a vote on the creation of a study committee under Sections 
17-52-202
 and
17-52-203.5
;
[
(xiii)
] 
(xi)
 a vote on a special property tax under Section 
53A-16-110
;
[
(xiv)
] 
(xii)
 a vote on the incorporation of a city in accordance with Section 
10-2-111
;
or
[
(xv)
] 
(xiii)
 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).
Section 14. Section 
20A-1-204
 is amended to read:
20A-1-204.
Date of special election -- Legal effect.
(1) (a) Except as provided by Subsection (1)(d), the governor, Legislature, or the
legislative body of a local political subdivision calling a statewide special election or local
special election under Section 
20A-1-203
 shall schedule the special election to be held on:
(i) the fourth Tuesday in June; 
or
(ii) the first Tuesday after the first Monday in November[
; or
]
.
[
(iii) for an election of town officers of a newly incorporated town under Section
10-2-128
, on any date that complies with the requirements of that subsection.
]
(b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
body of a local political subdivision calling a statewide special election or local special election
under Section 
20A-1-203
 may not schedule a special election to be held on any other date.
(c) (i) Notwithstanding the requirements of Subsection (1)(b) or (1)(d), the legislative
body of a local political subdivision may call a local special election on a date other than those
specified in this section if the legislative body:
(A) determines and declares that there is a disaster, as defined in Section 
53-2a-102
,
requiring that a special election be held on a date other than the ones authorized in statute;
(B) identifies specifically the nature of the disaster, as defined in Section 
53-2a-102
,
and the reasons for holding the special election on that other date; and
(C) votes unanimously to hold the special election on that other date.
(ii) The legislative body of a local political subdivision may not call a local special
election for the date established in Chapter 9, Part 8, Western States Presidential Primary, for
Utah's Western States Presidential Primary.
(d) The legislative body of a local political subdivision may only call a special election
for a ballot proposition related to a bond, debt, leeway, levy, or tax on the first Tuesday after
the first Monday in November.
(e) Nothing in this section prohibits:
(i) the governor or Legislature from submitting a matter to the voters at the regular
general election if authorized by law; or
(ii) a local government from submitting a matter to the voters at the regular municipal
election if authorized by law.
(2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold a
special election within a county on the same day as:
(i) another special election;
(ii) a regular general election; or
(iii) a municipal general election.
(b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
(i) polling places;
(ii) ballots;
(iii) election officials; and
(iv) other administrative and procedural matters connected with the election.