Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 315 (2025GS)

Sponsor

Rep. Stoddard, Andrew

Final action

Governor Vetoed 3/27/2025

Outcome

Vetoed

Summary

What it does

• This bill:
• modifies procedures in the event of a tie among three or more candidates; and
• defines terms.

Every vote on this bill

Bill text

3
20A-1-510
Elected Official Vacancy Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: Karen Kwan
LONG TITLE
General Description:
This bill addresses midterm vacancies in municipal offices.
Highlighted Provisions:
This bill:
modifies procedures in the event of a tie among three or more candidates; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-510
, as last amended by Laws of Utah 2024, Chapters 438, 450
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-1-510
 is amended to read:
20A-1-510. Midterm vacancies in municipal offices.
(1)
(a)
As used in this section:
(i)
"Game of chance" means a game that has been chosen by the municipal legislative 
body in which:
(A)
the outcome is determined by chance; and
(B)
each participant has equal odds of winning.
(ii)
(A)
"Vacancy," subject to Subsection 
(1)(a)(ii)
(1)(a)(ii)(B)
, means the same 
as that term is defined in Section 
20A-1-102
.
(ii)
(B)
"Vacancy," if due to resignation, occurs on the effective date of the 
resignation.
(b)
Except as otherwise provided in this section, if any vacancy occurs in the office of 
municipal executive or member of a municipal legislative body, the municipal 
legislative body shall, within 30 calendar days after the day on which the vacancy 
occurs, appoint a registered voter in the municipality who meets the qualifications for 
office described in Section 
10-3-301
 to fill the unexpired term of the vacated office.
(c)
Before acting to fill the vacancy, the municipal legislative body shall:
(i)
give public notice of the vacancy at least 14 calendar days before the day on 
which the municipal legislative body meets to fill the vacancy;
(ii)
identify, in the notice:
(A)
the date, time, and place of the meeting where the vacancy will be filled;
(B)
the person to whom an individual interested in being appointed to fill the 
vacancy may submit the interested individual's name for consideration; and
(C)
the deadline for submitting an interested individual's name;
 and
(iii)
in an open meeting, interview each individual whose name is submitted for 
consideration, and who meets the qualifications for office, regarding the 
individual's qualifications
.
; and
(iv)
select a game of chance, by resolution or ordinance, prior to the meeting 
described in Subsection 
(1)(c)(iii)
, to be used in the event of a tie with three or 
more candidates.
(d)
(i)
The municipal legislative body shall take an initial vote to fill the vacancy 
from among the names of the candidates interviewed under Subsection (1)(c)(iii).
(ii)
(e)
(A)
(i)
If no candidate receives a majority vote of the municipal legislative 
body in the initial vote described in Subsection 
(1)(d)(i)
(1)(d)
, the two 
candidates that received the most votes in the initial vote, as determined by the 
tie-breaking procedures described in Subsections 
(1)(d)(ii)(B) through (D) 
(1)(e)(ii) through (v) 
if necessary, shall be placed before the municipal legislative 
body for a second vote to fill the vacancy.
(B)
(ii)
If the initial vote results in a tie 
between two candidates 
for second place, the 
candidates tied for second place shall be reduced to one by a coin toss conducted 
in accordance with Subsection 
(1)(d)(ii)(D), 
(1)(e)(iv), 
and the second vote 
described in Subsection 
(1)(d)(ii)(A) 
(1)(e)(i) 
shall be between the candidate that 
received the most votes in the initial vote and the candidate that wins the coin toss 
described in this Subsection 
(1)(d)(ii)(B).
(1)(e)(ii).
(C)
(iii)
If the initial vote results in a tie among three or more candidates
 for first 
place, the candidates tied for first place
, the tied candidates
 shall be reduced 
to 
two by a coin toss conducted in accordance with Subsection (1)(d)(ii)(D)
by a 
game of chance conducted in accordance with Subsection 
(1)(e)(iv)
, and the 
second vote described in Subsection 
(1)(d)(ii)(A)
(1)(e)(i)
 shall be between
:
(A)
in the event of a tie for first place, 
the two candidates that remain after the 
coin toss
game of chance
 described in this Subsection 
(1)(d)(ii)(C).
(1)(e)(iii); 
or
(B)
in the event of a tie for second place, the candidate that received the most 
votes in the initial vote and the candidate that wins the game of chance 
described in this Subsection 
(1)(e)(iii)
.
(D)
(iv)
A coin toss 
or game of chance 
required under this Subsection 
(1)(d)
(1)(e)
shall be conducted by the municipal clerk or recorder in the presence of the 
municipal legislative body.
(iii)
(v)
If, in the second vote described in Subsection 
(1)(d)(ii)(A)
(1)(e)(i)
, neither 
candidate receives a majority vote of the municipal legislative body, the vacancy 
shall be determined by a coin toss between the two candidates in accordance with 
Subsection 
(1)(d)(ii)(D)
(1)(e)(iv)
.
(e)
(f)
If the municipal legislative body does not timely comply with Subsections (1)(b) 
through 
(d)
(e)
, the municipal clerk or recorder shall immediately notify the 
lieutenant governor.
(f)
(g)
After receiving notice that a municipal legislative body has failed to timely 
comply with Subsections (1)(b) through 
(d)
(e)
, the lieutenant governor shall:
(i)
notify the municipal legislative body of the violation; and
(ii)
direct the municipal legislative body to, within 30 calendar days after the day on 
which the lieutenant governor provides the notice described in this Subsection 
(1)(f)
(1)(g)
, appoint an eligible individual to fill the vacancy in accordance with 
Subsections 
(1)(c) and (d).
(1)(c) through (e).
(g)
(h)
If the municipality fails to timely comply with a directive described in 
Subsection 
(1)(f)
(1)(g)
:
(i)
the lieutenant governor shall notify the governor of the municipality's failure to fill 
the vacancy; and
(ii)
the governor shall, within 45 days after the day on which the governor receives 
the notice described in Subsection 
(1)(g)(i)
(1)(h)(i)
, provide public notice 
soliciting candidates to fill the vacancy in accordance with Subsection (1)(c) and 
appoint an individual to fill the vacancy.
(2)
(a)
A vacancy in the office of municipal executive or member of a municipal 
legislative body shall be filled by an interim appointment, followed by an election to 
fill a two-year term, if:
(i)
the vacancy occurs, or a letter of resignation is received, by the municipal 
executive at least 14 days before the deadline for filing for election in an 
odd-numbered year; and
(ii)
two years of the vacated term will remain after the first Monday of January 
following the next municipal election.
(b)
In appointing an interim replacement, the municipal legislative body shall:
(i)
comply with the notice requirements of this section; and
(ii)
in an open meeting, interview each individual whose name is submitted for 
consideration, and who meets the qualifications for office, regarding the 
individual's qualifications.
(3)
(a)
In a municipality operating under the council-mayor form of government, as 
defined in Section 
10-3b-102
:
(i)
the council may appoint an individual to fill a vacancy in the office of mayor 
before the effective date of the mayor's resignation by making the effective date of 
the appointment the same as the effective date of the mayor's resignation; and
(ii)
if a vacancy in the office of mayor occurs before the effective date of an 
appointment under Subsection (1) or (2) to fill the vacancy, the remaining council 
members, by majority vote, shall appoint a council member to serve as acting 
mayor during the time between the creation of the vacancy and the effective date 
of the appointment to fill the vacancy.
(b)
A council member serving as acting mayor under Subsection (3)(a)(ii) continues to:
(i)
act as a council member; and
(ii)
vote at council meetings.
(4)
(a)
(i)
For a vacancy of a member of a municipal legislative body as described in 
this section, the municipal legislative body member whose resignation creates the 
vacancy on the municipal legislative body may:
(A)
interview an individual whose name is submitted for consideration under 
Subsection (1)(c)(iii) or (2)(b)(ii); and
(B)
vote on the appointment of an individual to fill the vacancy.
(ii)
Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is 
removed from office in accordance with state law may not cast a vote under 
Subsection (4)(a)(i).
(b)
A member of a municipal legislative body who submits his or her resignation to the 
municipal legislative body may not rescind the resignation.
(c)
A member of a municipal legislative body may not vote on an appointment under 
this section for himself or herself to fill a vacancy in the municipal legislative body.
(5)
In a municipality operating under the council-mayor form of government, the mayor 
may not:
(a)
participate in the vote to fill a vacancy;
(b)
veto a decision of the council to fill a vacancy; or
(c)
vote in the case of a tie.
(6)
A mayor whose resignation from the municipal legislative body is due to election or 
appointment as mayor may, in the case of a tie, participate in the vote under this section.
(7)
A municipal legislative body may, consistent with the provisions of state law, adopt 
procedures governing the appointment, interview, and voting process for filling 
vacancies in municipal offices.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-23-25 2:54 PM