2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 215 - Election of officers of new municipality -- Primary and final election dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of office.

Effective 5/3/2023
10-2a-215.
Election of officers of new municipality -- Primary and final election dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of office.
(1) For the election of municipal officers, the county legislative body shall:
(a) unless a primary election is prohibited under 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 described in Subsection (1) shall be held:
(a) consistent with the petition sponsors' determination of the length of each council member's initial term; and
(b) for the incorporation of a city:
(i) appropriate to the form of government chosen by the voters at the incorporation election;
(ii) consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and
(iii) consistent with the sponsors' determination of the number of city council members to be elected.
(3)
(a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2), the primary election described in Subsection (1)(a) shall be held at the earliest of the next:
(i) regular primary election described in Subsection 20A-1-201.5(1); or
(ii) municipal primary election described in Section 20A-9-404.
(b) The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210.
(4)
(a) Subject to Subsection (4)(b), the county shall hold the final election described in Subsection (1)(b):
(i) on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a);
(ii) a regular general election described in Section 20A-1-201; or
(iii) a regular municipal general election under Section 20A-1-202.
(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), or (iii):
(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 10-2a-210; and
(B) 65 days after the candidate filing period.
(5) The county clerk shall provide notice of an election under this section for the future municipality, as a class A notice under Section 63G-30-102, for at least two weeks before the day of the election.
(6) Until the municipality is incorporated, the county clerk:
(a) is the election officer for all purposes related to the election of municipal officers;
(b) may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law;
(c) shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208; and
(d) shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office.
(7) An individual who has filed as a candidate for an office described in this section shall comply with:
(a) the campaign finance disclosure requirements described in Section 10-3-208; and
(b) the requirements and deadlines established by the county clerk under this section.
(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(4)(b).
Amended by Chapter 435, 2023 General Session