2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 207 - Provisions relating to the 2023 municipal election.

Affected by 63I-2-220 on 5/1/2024
Effective 6/17/2023
20A-1-207.
Provisions relating to the 2023 municipal election.
(1) As used in this section:
(a)
(i) "2023 municipal election" means, in relation to the entire state of Utah, including all political subdivisions of Utah:
(A) the 2023 municipal primary election;
(B) the 2023 municipal general election; and
(C) all processes relating to the elections described in this Subsection (1)(a), regardless of whether the processes occur before, during, or after the day of the election.
(ii) "2023 municipal election" includes elections held under Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
(b)
(i) "Municipal election" means:
(A) a municipal primary election;
(B) a municipal general election; or
(C) the processes relating to the elections described in this Subsection (1)(b), regardless of whether the processes occur before, during, or after the day of the election.
(ii) "Municipal election" includes elections held under Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
(c) "Second-tier political subdivision" means a political subdivision other than a county.
(2) This section relates to the 2023 municipal election only.
(3)
(a) In relation to the 2023 municipal election, to the extent that the provisions of this section conflict with any other provision of the Utah Code, the provisions of this section take precedence.
(b) The counties, and not the second-tier political subdivisions, will conduct all municipal elections in Utah in 2023.
(c) Except as provided in Subsection (4), any duties imposed by statute on, or powers granted by statute to, a person described in Subsection 20A-1-102(23)(c) or (d) in relation to a municipal election are instead, for the 2023 municipal election, imposed on and granted to the applicable county election officer.
(d) Except as provided in Subsection (4), any duties imposed by statute on, or powers granted by statute to, a second-tier political subdivision, the legislative body of a second-tier political subdivision, or the executive of a second-tier political subdivision in relation to a municipal election are instead, for the 2023 municipal election, imposed on and granted to the applicable county, county legislative body, or county executive.
(e) For the 2023 municipal election, each municipality shall pay, to the county that conducts the election for the municipality, the costs incurred by the county to conduct the election.
(4)
(a) Subsections (3)(c) and (d) do not apply to the extent that the duties are expressly imposed on, or the powers are expressly granted to, another person under:
(i) a provision of this section other than Subsection (3)(c) or (d); or
(ii) Section 20A-1-208.
(b) To the extent necessary, the lieutenant governor may direct that a duty or power described in Subsection (3)(c) or (d) remain with the person directed by statute, unless the duty is expressly imposed on, or the power is expressly granted to, another person under:
(i) a provision of this section other than Subsection (3)(c) or (d); or
(ii) Section 20A-1-208.
(c) A second-tier political subdivision, the legislative body of a second-tier political subdivision, the executive of a second-tier political subdivision, or a person described in Subsection 20A-1-102(23)(c) or (d) shall cooperate with the applicable county, county election officer, county legislative body, or county executive on whom a duty is imposed, or to whom authority is granted, under this section to ensure the successful conduct the 2023 municipal election.
(5) For the 2023 municipal election:
(a) the mayor and the municipal legislative body remain the board of canvassers for the municipal election, but not for the special congressional election, and maintain all duties and powers relating to the municipal election canvass;
(b) the legislative body of an entity that authorizes a bond election remains the board of canvassers for the bond election, but not for the special congressional election, and maintains all duties and powers relating to the canvass for the bond election; and
(c) the persons on whom duties are imposed, or to whom powers are granted, for a local initiative or referendum remain in possession of those duties and powers, except to the extent the lieutenant governor otherwise directs, if necessary, to provide for efficient conduct of the 2023 municipal election.
(6) Notwithstanding Subsection 20A-1-102(23), for the 2023 municipal election, the election officer for a municipality is:
(a) if the municipality is located entirely within a county, the county clerk; or
(b) if the municipality is located in more than one county, the county clerk of the county designated by the lieutenant governor.
(7) Notwithstanding Subsection 20A-1-201.5(2) or Section 20A-9-404, the 2023 municipal primary election date is September 5, 2023.
(8) Notwithstanding Subsection 20A-1-202(1), the 2023 municipal general election date is November 21, 2023.
(9) Notwithstanding Subsection 20A-3a-603(1)(c), the 2023 municipal election is not exempt from the requirement that at least 10% of the voting devices at a polling place be accessible for individuals with disabilities in accordance with Public Law 107-252, the Help America Vote Act of 2002.
(10) Subsection 20A-3a-601(3)(b) does not apply to the 2023 municipal election.
(11) Section 20A-3a-605 does not apply to the 2023 municipal election.
(12) Notwithstanding Subsection 11-14-207(1)(c), 20A-4-301(1)(b) or (2), or 20A-4-304(8), the canvassing deadlines for the 2023 municipal election are:
(a) September 19, 2023, for the 2023 municipal primary election; and
(b) December 6, 2023, for the 2023 municipal general election.
(13) In conducting the 2023 municipal primary election, the county shall, in relation to a participating municipality, as defined in Section 20A-4-601, comply with the applicable provisions of Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.
Enacted by Chapter 1, 2023 Special Session 2