Utah Code § 17B-1-306 — Utah Code / Title 17B / Chapter 17B-1 / § 17B-1-306
§ 17B-1-306. Special district board -- Election procedures -- Notice of offices to be filled and declaration of candidacy period.
Status: in_force

(1) Except as provided in Subsection (12), each elected board member shall be selected as provided in this section. (2) (a) Each election of a special district board member shall be held: (i) at the same time as the municipal general election or the regular general election, as applicable; and (ii) at polling places designated by the special district board in consultation with the county clerk for each county in which the special district is located, which polling places shall coincide with municipal general election or regular general election polling places, as applicable, whenever feasible. (b) The special district board, in consultation with the county clerk, may consolidate two or more polling places to enable voters from more than one district to vote at one consolidated polling place. (c) (i) Subject to Subsections (5)(g) and (h), the number of polling places under Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one polling place per division of the district, designated by the district board. (ii) Each polling place designated by an irrigation district board under Subsection (2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection (2)(a)(ii). (3) If the election is to be held at the same time as the municipal general election: (a) the special district shall comply with Section 20A-5a-304 to provide notice regarding offices to be voted on at the upcoming election and the declaration of candidacy period; and (b) the period to file a declaration of candidacy is the filing period described in Subsection 20A-9-203(3)(d). (4) If the election is to be held at the same time as the regular general election: (a) the special district shall comply with Section 20A-5a-203 to provide notice regarding offices to be voted on at the upcoming election and the declaration of candidacy period; and (b) the period to file a declaration of candidacy: (i) begins at 8 a.m. on the first business day in June; and (ii) (A) ends at 5 p.m. on the fourth business day after the day on which the filing period begins; or (B) if the day described in Subsection (4)(b)(ii)(A) is a Friday, ends at 5 p.m. on the next business day after that Friday. (5) (a) Except as provided in Subsection (5)(b), to become a candidate for an elective special district board position, an individual shall file a declaration of candidacy in person with an official designated by the special district within the candidate filing period for the applicable election year in which the election for the special district board is held, as follows: (i) for a special district with a four day standard work week of at least eight hours each day of the workweek, during the special district's standard office hours; or (ii) for a special district other than a district described in Subsection (5)(a)(i): (A) if the standard office hours provide at least three consecutive office hours each day during the candidate filing period that is not a holiday or weekend, during the special district's standard office hours; or (B) if the standard office hours of a special district do not provide at least three consecutive office hours each day, a three-hour consecutive time period each day designated by the special district during the candidate filing period that is not a holiday or weekend. (b) Subject to Subsection (5)(e), an individual may designate an agent to file a declaration of candidacy with the official designated by the special district if: (i) the individual is located outside of the state during the entire filing period; (ii) the designated agent appears in person before the official designated by the special district; and (iii) the individual communicates with the official designated by the special district using an electronic device that allows the individual and official to see and hear each other. (c) (i) Before the filing officer may accept any declaration of candidacy from an individual, the filing officer shall: (A) read to the individual the constitutional and statutory qualification requirements for the office that the individual is seeking; and (B) require the individual to state whether the individual meets those requirements. (ii) If the individual does not meet the qualification requirements for the office, the filing officer may not accept the individual's declaration of candidacy. (iii) If it appears that the individual meets the requirements of candidacy, the filing officer shall accept the individual's declaration of candidacy. (d) The declaration of candidacy shall be in substantially the following form:"I, (print name) ____________, being first duly sworn, say that I reside at (Street) ____________, City of ________________, County of ________________, state of Utah, (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the office of board of trustees member for _______________________ (state the name of the special district); that I am a candidate for that office to be voted upon at the next election; and that, if filing via a designated agent, I will be out of the state of Utah during the entire candidate filing period, and I hereby request that my name be printed upon the official ballot for that election.(Signed) _________________________________________Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of ____________, ____.(Signed) ________________________(Clerk or Notary Public)." (e) An agent designated under Subsection (5)(b) may not sign the form described in Subsection (5)(d). (f) Each individual wishing to become a valid write-in candidate for an elective special district board position is governed by Section 20A-9-601. (g) If at least one individual does not file a declaration of candidacy as required by this section, an individual shall be appointed to fill that board position in accordance with the appointment provisions of Section 20A-1-512. (h) If only one candidate files a declaration of candidacy and there is no write-in candidate who complies with Section 20A-9-601, the board, in accordance with Section 20A-1-206, may: (i) consider the candidate to be elected to the position; and (ii) cancel the election. (6) (a) A primary election may be held if: (i) the election is authorized by the special district board; and (ii) the number of candidates for a particular local board position or office exceeds twice the number of persons needed to fill that position or office. (b) The primary election shall be conducted: (i) on the same date as the municipal primary election or the regular primary election, as applicable; and (ii) according to the procedures for primary elections provided under Title 20A, Election Code. (7) (a) Except as provided in Subsection (7)(c), within one business day after the deadline for filing a declaration of candidacy, the special district clerk shall certify the candidate names to the clerk of each county in which the special district is located. (b) (i) Except as provided in Subsection (7)(c) and in accordance with Sections 20A-6-109 and 20A-6-110, the clerk of each county in which the special district is located and the special district clerk shall coordinate placement of the name of each candidate for special district office in the nonpartisan section of the ballot with the appropriate election officer. (ii) If consolidation of the special district election ballot with the municipal general election ballot or the regular general election ballot, as applicable, is not feasible, the special district board of trustees, in consultation with the county clerk, shall provide for a separate special district election ballot to be administered by poll workers at polling places designated under Subsection (2). (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act. (ii) The board of an irrigation district shall: (A) subject to Subsections (7)(c)(ii)(B) and (C), establish the form of the ballot for a board member election; (B) ensure that the ballot is in a nonpartisan format; and (C) ensure that the name of each candidate is placed on the ballot in accordance with Sections 20A-6-109 and 20A-6-110. (8) (a) Each voter at an election for a board of trustees member of a special district shall: (i) be a registered voter within the district, except for an election of: (A) an irrigation district board of trustees member; or (B) a basic special district board of trustees member who is elected by property owners; and (ii) meet the requirements to vote established by the district. (b) Each voter may vote for as many candidates as there are offices to be filled. (c) The candidates who receive the highest number of votes are elected. (9) Except as otherwise provided by this section, the election of special district board members is governed by Title 20A, Election Code. (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a special district board shall serve a four-year term, beginning at noon on the January 1 after the person's election. (b) A person elected shall be sworn in as soon as practical after January 1. (11) (a) Except as provided in Subsection (11)(b), each special district shall reimburse the county or municipality holding an election under this section for the costs of the election attributable to that special district. (b) Each irrigation district shall bear the district's own costs of each election the district holds under this section. (12) This section does not apply to an improvement district that provides electric or gas service. (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A, Chapter 3a, Part 6, Early Voting, do not apply to an election under this section. (14) (a) As used in this Subsection (14), "board" means: (i) a special district board; or (ii) the administrative control board of a special service district that has elected members on the board. (b) If a board desires to hold elections for membership on the board at a regular general election instead of a municipal general election , or at a municipal general election instead of a regular general election, the board may submit an application to the lieutenant governor that: (i) requests permission to change the election year for membership on the board in a manner described in this Subsection (14)(b); (ii) indicates that a change in the election year is beneficial, based on potential cost savings, a potential increase in voter turnout, or another material reason; and (iii) if a change in the election year may result in shortening a board member's term of office, indicates that the members of the board unanimously support the lieutenant governor taking that action. (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant governor may approve the if: (i) the lieutenant governor concludes that changing the election year is beneficial based on the criteria described in Subsection (14)(b)(ii); and (ii) for an application that may result in shortening a board member's term of office, the application satisfies the unanimity requirement described in Subsection (14)(b)(iii). (d) If the lieutenant governor approves a board's application described in this section: (i) all future elections for membership on the board shall be held at the time of the general election specified in the application; and (ii) the board may not hold elections at the time of an election other than the general election specified in the application, unless the board receives permission from the lieutenant governor to change the election under the same procedure, and by applying the same criteria, described in this Subsection (14). (15) (a) This Subsection (15) applies to a special district if: (i) the special district's board members are elected by the owners of real property, as provided in Subsection 17B-1-1402(1)(b); and (ii) the special district was created before January 1, 2020. (b) The board of a special district described in Subsection (15)(a) may conduct an election: (i) to fill a board member position that expires at the end of the term for that board member's position; and (ii) notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired term of a board member. (c) An election under Subsection (15)(b) may be conducted as determined by the special district board, subject to Subsection (15)(d). (d) (i) The special district board shall provide to property owners eligible to vote at the special district election: (A) notice of the election; and (B) a form to nominate an eligible individual to be elected as a board member. (ii) (A) The special district board may establish a deadline for a property owner to submit a nomination form. (B) A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after the board provides the notice and nomination form under Subsection (15)(d)(i). (iii) (A) After the deadline for submitting nomination forms, the special district board shall provide a ballot to all property owners eligible to vote at the special district election. (B) A special district board shall allow at least five days for ballots to be returned. (iv) A special district board shall certify the results of an election under this Subsection (15) during an open meeting of the board.