Current through the 2024 Fourth Special Session
Section 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) in an even-numbered year: (A) the fourth Tuesday in June; or(B) the first Tuesday after the first Monday in November; or(ii) in an odd-numbered year: (A) the second Tuesday after the first Monday in August; or(B) the first Tuesday after the first Monday in November.(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 hold a local special election on the same date as the presidential primary election conducted under Chapter 9, Part 8, Presidential Primary Election.(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:(iii) election officials; and(iv) other administrative and procedural matters connected with the election.Amended by Chapter 170, 2022 General Session ,§ 3, eff. 5/4/2022.Amended by Chapter 4, 2019SP1 General Session ,§ 3, eff. 9/23/2019.Amended by Chapter 433, 2019 General Session ,§ 4, eff. 5/14/2019.Amended by Chapter 352, 2015 General Session ,§ 116, eff. 5/12/2015.Amended by Chapter 111, 2015 General Session ,§ 14, eff. 5/12/2015.Amended by Chapter 415, 2013 General Session ,§ 10, eff. 7/1/2013.Amended by Chapter 295, 2013 General Session ,§ 3, eff. 5/14/2013.Amended by Chapter 359, 2012 General Session ,§ 19, eff. 5/8/2012.Amended by Chapter 16, 2008 General Session
Amended by Chapter 382, 2008 General Session