reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 12 - Pollution Control Act › Part 3 - Procedures for Certification and Revocation of Certification › Section 303 - Certification of pollution control facility or freestanding pollution control property.

Effective 5/13/2014
19-12-303.
Certification of pollution control facility or freestanding pollution control property.
(1) The director shall issue a written certification to a person no later than 120 days after the date the person files an application under Section 19-12-301 or 19-12-302 if the director determines that:
(a) for a pollution control facility:
(i) the application meets the requirements of Subsection 19-12-301(3);
(ii) the facility that is the subject of the application is a pollution control facility;
(iii) the person who files the application is a person described in Subsection 19-12-301(1); and
(iv) the purchases or leases for which the person seeks to claim a sales and use tax exemption are exempt under Section 19-12-201; or
(b) for freestanding pollution control property:
(i) the application meets the requirements of Subsection 19-12-302(2);
(ii) the property that is the subject of the application is freestanding pollution control property;
(iii) the person who files the application is a person described in Subsection 19-12-302(1); and
(iv) the purchases or leases for which the person seeks to claim a sales and use tax exemption are exempt under Section 19-12-201.
(2) If the director denies certification under this section to a person who files an application, the director shall provide a written statement of the reason for the denial to the person no later than 120 days after the date the person files the application.
(3) The director may not require the certification of:
(a) a replacement of freestanding pollution control property; or
(b) property, a part, a product, or a service described in Subsections 19-12-201(1)(b) through (e) used or performed in a repair or replacement related to:
(i) a pollution control facility; or
(ii) freestanding pollution control property.
(4) The director may issue one certification under this section of two or more:
(a) pollution control facilities that constitute an operational unit; or
(b) freestanding pollution control properties that constitute an operational unit.
(5) If the director does not issue or deny a certification under this section within 120 days after the date a person files an application, the director shall issue a certification to the person at the person's request.
Enacted by Chapter 24, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 12 - Pollution Control Act › Part 3 - Procedures for Certification and Revocation of Certification › Section 304 - Revocation of certification.

Effective 5/13/2014
19-12-304.
Revocation of certification.
(1) The director may revoke a certification issued under Section 19-12-303 if the director determines that:
(a) the certification was obtained by fraud or gross misrepresentation; or
(b)
(i) for a pollution control facility, a requirement of Subsection 19-12-303(1)(a) is not met; or
(ii) for freestanding pollution control property, a requirement of Subsection 19-12-303(1)(b) is not met.
(2) A shutdown of a pollution control facility or freestanding pollution control property due to force majeure, including obsolescence, is not cause to revoke the certification of the pollution control facility or freestanding pollution control property.
(3) The director shall provide notice of the director's determination to revoke a certification by issuing a notice of agency action.
(4) The holder of a certification may obtain judicial review of the decision of the director to revoke the certification.
(5) A revocation under this section is final and conclusive unless the holder of the certification obtains judicial review in accordance with Subsection (4).
(6) If a revocation is affirmed on appeal, the revocation is final on the date the holder receives the notice described in Subsection (3).
(7) If a revocation becomes final under this section, the director shall notify the State Tax Commission of the revocation.
(8) If the director revokes a certification under this section:
(a) the prior sales and use tax exemptions the holder of the certification claimed under Section 19-12-201 are forfeited; and
(b) the State Tax Commission shall collect taxes not paid by the holder of the certification:
(i) as a result of claiming the sales and use tax exemptions under Subsection (8)(a); and
(ii) to the extent permitted by Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act.
Enacted by Chapter 24, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 12 - Pollution Control Act › Part 3 - Procedures for Certification and Revocation of Certification › Section 305 - Rulemaking authority.

Effective 5/13/2014
19-12-305.
Rulemaking authority.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of a certification related to air pollution, the Air Quality Board may make rules establishing procedures for:
(a) processing and evaluating an application for certification; and
(b) the issuance and revocation of a certification.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of a certification related to water pollution, the Water Quality Board may make rules establishing procedures for:
(a) processing and evaluating an application for certification; and
(b) the issuance or revocation of a certification.
Enacted by Chapter 24, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 102 - Definitions.

Effective 7/1/2020
19-13-102.
Definitions.
As used in this part:
(1) "Composting" means the controlled decay of landscape waste or sewage sludge and organic industrial waste, or a mixture of these, by the action of bacteria, fungi, molds, and other organisms.
(2) "Postconsumer waste material" means any product generated by a business or consumer that has served its intended end use, and that has been separated from solid waste for the purposes of collection, recycling, and disposition and that does not include secondary waste material.
(3)
(a) "Recovered materials" means waste materials and by-products that have been recovered or diverted from solid waste.
(b) "Recovered materials" does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(4)
(a) "Recycling" means the diversion of materials from the solid waste stream and the beneficial use of the materials and includes a series of activities by which materials that would become or otherwise remain waste are diverted from the waste stream for collection, separation, and processing, and are used as raw materials or feedstocks in lieu of or in addition to virgin materials in the manufacture of goods sold or distributed in commerce or the reuse of the materials as substitutes for goods made from virgin materials.
(b) "Recycling" does not include burning municipal solid waste for energy recovery.
(5) "Recycling market development zone" or "zone" means an area designated by the office as meeting the requirements of this part.
(6)
(a) "Secondary waste material" means industrial by-products that go to disposal facilities and waste generated after completion of a manufacturing process.
(b) "Secondary waste material" does not include internally generated scrap commonly returned to industrial or manufacturing processes, such as home scrap and mill broke.
(7) "Tax incentive" means a nonrefundable tax credit available under Section 59-7-610 or 59-10-1007.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 103 - Duties of the department.

Effective 7/1/2020
19-13-103.
Duties of the department.
The department shall:
(1) facilitate recycling development zones through state support of county incentives that encourage development of manufacturing enterprises that use recycling materials currently collected;
(2) evaluate an application from a county or municipality executive authority to be designated as a recycling market development zone and determine if the county or municipality qualifies for that designation;
(3) provide technical assistance to municipalities and counties in developing applications for designation as a recycling market development zone;
(4) assist counties and municipalities designated as recycling market development zones in obtaining assistance from the federal government and agencies of the state;
(5) assist a qualified business in obtaining the benefits of an incentive or inducement program authorized by this part; and
(6) monitor the implementation and operation of this part and conduct a continuing evaluation of the progress made in the recycling market development zone.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 104 - Criteria for recycling market development zone -- Application process and fees.

Effective 7/1/2020
19-13-104.
Criteria for recycling market development zone -- Application process and fees.
(1) An area may be designated as a recycling market development zone only if:
(a) the county or municipality agrees to make a qualifying local contribution under Section 19-13-105; and
(b) the county or municipality provides for postconsumer waste collection for recycling within the county or municipality.
(2) The executive authority of any municipality or county desiring to be designated as a recycling market development zone shall:
(a) obtain the written approval of the municipality or county's legislative body; and
(b) file an application with the department demonstrating the county or municipality meets the requirements of this part.
(3) The application shall be in a form prescribed by the department, and shall include:
(a) a plan developed by the county or municipality that identifies local contributions meeting the requirements of Section 19-13-105;
(b) a county or municipality development plan that outlines:
(i) the specific investment or development reasonably expected to take place;
(ii) any commitments obtained from businesses to participate, and in what capacities regarding recycling markets;
(iii) the county's or municipality's economic development plan and demonstration of coordination between the zone and the county or municipality in overall development goals;
(iv) zoning requirements demonstrating that sufficient portions of the proposed zone area are zoned as appropriate for the development of commercial, industrial, or manufacturing businesses;
(v) the county's or municipality's long-term waste management plan and evidence that the zone will be adequately served by the plan; and
(vi) the county or municipality postconsumer waste collection infrastructure;
(c) the county's or municipality's proposed means of assessing the effectiveness of the development plan or other programs implemented within the zone;
(d) state whether within the zone either of the following will be established:
(i) commercial manufacturing or industrial processes that will produce end products that consist of not less than 50% recovered materials, of which not less than 25% is postconsumer waste material; or
(ii) commercial composting;
(e) any additional information required by the department; and
(f) any additional information the county or municipality considers relevant to its designation as a recycling market development zone.
(4) A county or municipality applying for designation as a recycling market development zone shall pay to the department an application fee determined under Section 63J-1-504.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 105 - Qualifying local contributions.

Effective 7/1/2020
19-13-105.
Qualifying local contributions.
Qualifying local contributions to the recycling market development zone may vary depending on available resources, and may include:
(1) simplified procedures for obtaining permits;
(2) dedication of available government grants;
(3) waiver of business license or permit fees;
(4) infrastructure improvements;
(5) private contributions;
(6) utility rate concessions;
(7) suspension or relaxation of locally originated zoning laws or general plans; and
(8) other proposed local contributions as the department finds promote the purposes of this part.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 106 - Eligibility review.

Effective 7/1/2020
19-13-106.
Eligibility review.
(1) The department shall:
(a) review and evaluate an application submitted under Section 19-13-104; and
(b) determine whether the municipality or county is eligible for designation as a recycling market development zone.
(2) In designating recycling market development zones, the department shall consider:
(a) whether the current waste management practices and conditions of the county or municipality are favorable to the development of postconsumer waste material markets;
(b) whether the creation of the zone is necessary to assist in attracting private sector recycling investments to the area; and
(c) the amount of available landfill capacity to serve the zone.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 108 - Duration of designation.

Effective 7/1/2020
19-13-108.
Duration of designation.
A recycling market development zone designation ends five years from the date the department designates the area as a recycling market development zone, at the end of which the county or municipality may reapply for the designation.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 109 - Revocation of designations.

Effective 7/1/2020
19-13-109.
Revocation of designations.
(1) The department may revoke the designation of a recycling market development zone if no businesses utilize the tax incentives during any calendar year.
(2) Before revocation of the zone, the department shall conduct a public hearing within a reasonable distance of the zone to determine reasons for inactivity and explore possible alternative actions.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 110 - Recycling market development zone credit.

Effective 7/1/2020
19-13-110.
Recycling market development zone credit.
For a taxpayer within a recycling market development zone, there are allowed the nonrefundable credits against tax as provided by Sections 59-7-610 and 59-10-1007.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 13 - Recycling Market Development Zone Act › Section 111 - Annual report.

Effective 7/1/2020
19-13-111.
Annual report.
(1) A county or municipality designated as a recycling market development zone shall report by no later than July 31 of each year to the department regarding the economic activity that has occurred in the zone following the designation.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules providing for the form and content of the annual reports.
Renumbered and Amended by Chapter 360, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 1 - Elections: General Provisions and Election Oversight › Section 103 - Severability clause.

Effective 5/12/2015
20A-1-103.
Severability clause.
If any provision of Laws of Utah 2014, Chapter 17, or the application of any provision of Laws of Utah 2014, Chapter 17, to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of Laws of Utah 2014, Chapter 17, shall be given effect without the invalid provision or application. The provisions of Laws of Utah 2014, Chapter 17, are severable.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 1 - Elections: General Provisions and Election Oversight › Section 104 - Computation of time.

Effective 5/14/2019
20A-1-104.
Computation of time.
(1)
(a) Except as provided in Subsection (1)(b), unless expressly provided otherwise in this title, if a person is required to complete an action on a certain day, on or before a certain day, or within one day or a period of days, the person may complete the action anytime before midnight on the final day.
(b) If a person is required to complete an action in relation to a court proceeding, the rules of the court govern the requirements regarding the time of deadlines.
(2) Except as provided under Subsection (3), Saturdays, Sundays, and holidays shall be included in all computations of days made under this title.
(3)
(a) Saturdays, Sundays, and holidays are not included in computations of days if the days are specified in this title as business days or working days.
(b) Unless otherwise expressly provided for in this title:
(i) when computing any number of days before or after a specified date or event, the specified date or day of the event is not included in the count;
(ii) if the commencement date of a time period preceding a specified date or event falls on a Saturday, Sunday, or legal holiday, the following business day shall be used;
(iii) if the last day of a time period following a specified date or event falls on a Saturday, Sunday, or legal holiday, the time period is extended to the following business day; and
(iv) if a deadline that falls before or after a specified date or event falls on a Saturday, Sunday, or legal holiday, the deadline shall be considered to fall on the following business day.
Renumbered and Amended by Chapter 255, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 1 - Elections: General Provisions and Election Oversight › Section 106 - Duties of a clerk.

Effective 5/3/2023
20A-1-106.
Duties of a clerk.
(1) As used in this section, "clerk" means an election officer other than the lieutenant governor.
(2) A clerk shall:
(a) comply with all of the following in relation to elections:
(i) federal and state law;
(ii) federal and state rules; and
(iii) the policies and direction of the lieutenant governor; and
(b) diligently learn and become familiar with the law, rules, policies, and direction described in Subsection (2)(a).
Enacted by Chapter 297, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 1 - Elections: General Provisions and Election Oversight › Section 107 - Elections training -- Training required -- Reimbursement.

Effective 5/3/2023
20A-1-107.
Elections training -- Training required -- Reimbursement.
(1) As used in this section, "election administrator" means:
(a) a county clerk; and
(b) if the county clerk employs one or more individuals who assist with elections:
(i) the most senior employee who assists with elections; or
(ii) if more than one employee qualifies as the most senior employee under Subsection (1)(b)(i), one of those employees, as designated by the election officer.
(2) The lieutenant governor shall, in accordance with this section:
(a) design and provide training to election officers and government workers who perform functions relating to elections; and
(b) provide the training described in this section without charge to the officers and workers described in Subsection (2)(a).
(3) The training shall include:
(a) a course designed for election administrators:
(i) that may include multiple sessions;
(ii) that may require attendance on multiple occasions; and
(iii) for which the lieutenant governor may, notwithstanding Section 63G-22-103, require live attendance; and
(b) a course designed for government workers, who perform functions relating to elections, that consists of modules relating to individual election processes.
(4)
(a) An election administrator who was elected, appointed, or hired before May 3, 2023, shall:
(i) begin the first session described in Subsection (3)(a) before July 1, 2024; and
(ii) complete all sessions within four years after the election administrator takes the first session.
(b) An election administrator who is elected, appointed, or hired on or after May 3, 2023, shall:
(i) begin the first session described in Subsection (3)(a) within one year after the day on which the election administrator is elected, appointed, or hired; and
(ii) complete all sessions within four years after the election administrator takes the first session.
(5) The lieutenant governor shall reimburse an election administrator who is required under this section to attend the training described in Subsection (3)(a) per diem and travel expenses for attending the training, in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(6) An individual may not perform an election process for which the lieutenant governor has developed an online training module described in Subsection (3)(b), unless the individual has completed the training module developed for that election process.
(7) The director of elections, within the Office of the Lieutenant Governor, may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for:
(a) complying with the training requirements described in this section; and
(b) supplemental or refresher training that the lieutenant governor determines is needed to ensure the integrity of elections in the state.
Enacted by Chapter 297, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 1 - Elections: General Provisions and Election Oversight › Section 108 - Audits -- Studies relating to elections.

Effective 5/3/2023
20A-1-108.
Audits -- Studies relating to elections.
(1) Except as provided in Subsection (2):
(a) the director of elections within the Office of the Lieutenant Governor shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements and procedures for an audit described in this title; and
(b) an election officer shall ensure that, when an audit is conducted of work done during ballot processing, the individual who performs the audit does not audit the individual's own work.
(2) Subsection (1) does not relate to an audit conducted by the legislative auditor general or the lieutenant governor.
(3) The lieutenant governor shall keep the Government Operations Interim Committee informed of advances in election technology that the committee may want to study for use in Utah's elections.
(4) The lieutenant governor shall:
(a) study methods to improve post-election audits to confirm that the election correctly identified the winning candidates, including evaluating:
(i) different risk-limiting audit methods; and
(ii) other confirmation methods; and
(b) at or before the last 2023 meeting of the Government Operations Interim Committee, report to the committee on:
(i) the methods studied; and
(ii) recommendations for post-election audit requirements.
(5) The Driver License Division shall, in cooperation with the lieutenant governor:
(a) study:
(i) the options for improving the quality of signatures collected by the Driver License Division that are used for signature verification in an election; and
(ii) the technology needs and costs associated with the options described in Subsection (5)(a)(i); and
(b) at or before the last 2023 meeting of the Government Operations Interim Committee, report to the committee on:
(i) the options, technology needs, and costs described in Subsection (5)(a); and
(ii) recommendations regarding the options described in Subsection (5)(a)(i).
Enacted by Chapter 297, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 201 - Date and purpose of regular general elections.

Effective 2/27/2023
20A-1-201.
Date and purpose of regular general elections.
(1) A regular general election shall be held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year.
(2) At the regular general election, the voters shall:
(a) choose persons to serve the terms established by law for the following offices:
(i) electors of President and Vice President of the United States;
(ii) United States Senators;
(iii) Representatives to the United States Congress;
(iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
(v) senators and representatives to the Utah Legislature;
(vi) county officers;
(vii) State School Board members;
(viii) local school board members;
(ix) except as provided in Subsection (3), special district officers, as applicable; and
(x) any elected judicial officers; and
(b) approve or reject:
(i) any proposed amendments to the Utah Constitution that have qualified for the ballot under procedures established in the Utah Code;
(ii) any proposed initiatives or referenda that have qualified for the ballot under procedures established in the Utah Code; and
(iii) any other ballot propositions submitted to the voters that are authorized by the Utah Code.
(3) This section:
(a) applies to a special service district for which the county legislative body or the municipal legislative body, as applicable, has delegated authority for the special service district to an administrative control board; and
(b) does not apply to a special service district for which the county legislative body or the municipal legislative body, as applicable, has not delegated authority for the special service district to an administrative control board.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 201.5 - Primary election dates.

Effective 1/1/2021
20A-1-201.5.
Primary election dates.
(1) The regular primary election shall be held throughout the state on the fourth Tuesday of June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or 20A-9-408, as applicable, to nominate persons for:
(a) national, state, school board, and county offices; and
(b) offices for a metro township, city, or town incorporated under Section 10-2a-404.
(2) A municipal primary election shall be held, if necessary, on the second Tuesday following the first Monday in August before the regular municipal election to nominate persons for municipal offices.
(3) A presidential primary election shall be held throughout the state on the first Tuesday in March in the year in which a presidential election will be held.
Amended by Chapter 4, 2019 Special Session 1
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 202 - Date and purpose of municipal general election.

Effective 2/27/2023
20A-1-202.
Date and purpose of municipal general election.
(1) Except as provided in Section 20A-1-206, a municipal general election shall be held in municipalities, and special districts as applicable, on the first Tuesday after the first Monday in November of each odd-numbered year.
(2) At the municipal general election, the voters shall:
(a)
(i) choose persons to serve as municipal officers; and
(ii) for a special district that holds an election during an odd-numbered year, choose persons to serve as special district officers; and
(b) approve or reject:
(i) any proposed initiatives or referenda that have qualified for the ballot as provided by law; and
(ii) any other ballot propositions submitted to the voters that are authorized by the Utah Code.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 203 - Calling and purpose of special elections -- Two-thirds vote limitations.

Effective 3/24/2020
20A-1-203.
Calling and purpose of special elections -- Two-thirds vote limitations.
(1) Statewide and local special elections may be held for any purpose authorized by law.
(2)
(a) Statewide special elections shall be conducted using the procedure for regular general elections.
(b) Except as otherwise provided in this title, local special elections shall be conducted using the procedures for regular municipal elections.
(3) The governor may call a statewide special election by issuing an executive order that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(4) The Legislature may call a statewide special election by passing a joint or concurrent resolution that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(5)
(a) The legislative body of a local political subdivision may call a local special election only for:
(i) a vote on a bond or debt issue;
(ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
(iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
(iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
(v) if required or authorized by federal law, a vote to determine whether Utah's legal boundaries should be changed;
(vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
(vii) a vote to elect members to school district boards for a new school district and a remaining school district, as defined in Section 53G-3-102, following the creation of a new school district under Section 53G-3-302;
(viii) a vote on a municipality providing cable television services or public telecommunications services under Section 10-18-204;
(ix) a vote to create a new county under Section 17-3-1;
(x) a vote on a special property tax under Section 53F-8-402;
(xi) a vote on the incorporation of a municipality in accordance with Section 10-2a-210; or
(xii) a vote on incorporation or annexation as described in Section 10-2a-404.
(b) The legislative body of a local political subdivision may call a local special election by adopting an ordinance or resolution that designates:
(i) the date for the local special election as authorized by Section 20A-1-204; and
(ii) the purpose for the local special election.
(c) A local political subdivision may not call a local special election unless the ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a two-thirds majority of all members of the legislative body, if the local special election is for:
(i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
(ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
(iii) a vote authorized or required for a sales tax issue as described in Subsection (5)(a)(vi).
Amended by Chapter 47, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 2 - Elections: General and Special › Section 204 - Date of special election -- Legal effect.

Effective 5/4/2022
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:
(i) polling places;
(ii) ballots;
(iii) election officials; and
(iv) other administrative and procedural matters connected with the election.
Amended by Chapter 170, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 302 - Opening and closing of polls on election day.

20A-1-302.
Opening and closing of polls on election day.
(1) Polls at all elections on the date of the election shall open at 7 a.m. and shall remain open until 8 p.m. of the same day.
(2) The election judges shall allow every voter who arrives at the polls by 8 p.m. to vote.
Amended by Chapter 264, 2006 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 303 - Determining results.

Effective 5/8/2018
20A-1-303.
Determining results.
(1)
(a) Except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when one person is to be elected or nominated, the person receiving the highest number of votes at any:
(i) election for any office to be filled at that election is elected to that office; and
(ii) primary for nomination for any office is nominated for that office.
(b) Except as provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, when more than one person is to be elected or nominated, the persons receiving the highest number of votes at any:
(i) election for any office to filled at that election are elected to that office; and
(ii) primary for nomination for any office are nominated for that office.
(2) Any ballot proposition submitted to voters for their approval or rejection:
(a) passes if the number of "yes" votes is greater than the number of "no" votes; and
(b) fails if:
(i) the number of "yes" votes equal the number of "no" votes; or
(ii) the number of "no" votes is greater than the number of "yes" votes.
Amended by Chapter 187, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 304 - Tie votes.

Effective 5/8/2018
20A-1-304.
Tie votes.
Except for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, if two or more candidates for a position have an equal and the highest number of votes for any office, the election officer shall, in a public meeting held within 30 days after the day on which the canvass is completed, determine the candidate selected, by lot, in the presence of each candidate subject to the tie.
Repealed and Re-enacted by Chapter 187, 2018 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 305 - Publication and distribution of election laws.

20A-1-305.
Publication and distribution of election laws.
(1) The lieutenant governor shall:
(a) publish a sufficient number of copies of Title 20A, Election Code, and any other provisions of law that govern elections; and
(b) transmit copies to each county clerk.
(2) Each county clerk shall:
(a) inform the lieutenant governor of the number of copies needed; and
(b) furnish each election officer in the county with one copy.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 306 - Electronic signatures prohibited.

Effective 1/1/2023
20A-1-306.
Electronic signatures prohibited.
Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and Subsections 68-3-12(1)(e) and 68-3-12.5(28) and (40), an electronic signature may not be used to sign a petition to:
(1) except as provided in Section 20A-21-201, qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to the Voters;
(2) organize and register a political party under Chapter 8, Political Party Formation and Procedures; or
(3) except as provided in Section 20A-21-201, qualify a candidate for the ballot under Chapter 9, Candidate Qualifications and Nominating Procedures.
Amended by Chapter 325, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 307 - Residency requirements for person who verifies a signature on a petition.

20A-1-307.
Residency requirements for person who verifies a signature on a petition.
Notwithstanding any other provision in this title that requires a person who signs the verification on a petition to be a resident, a person who is not a resident may sign the verification on a petition if:
(1) the person signing the petition is a resident who is temporarily located outside the state at the time of signing; and
(2) the person signing the verification meets all the requirements in the verification, except for the residency requirement.
Enacted by Chapter 72, 2012 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 3 - Elections: General Requirements › Section 308 - Elections during declared emergencies.

Effective 5/12/2020
20A-1-308.
Elections during declared emergencies.
(1) As used in this section, "declared emergency" means a state of emergency that:
(a) is declared by:
(i) the president of the United States;
(ii) the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; or
(iii) the chief executive officer of a political subdivision in a proclamation under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and
(b) affects an election in the state, including:
(i) voting on election day;
(ii) early voting;
(iii) the transmittal or voting of a ballot;
(iv) the counting of a ballot; or
(v) the canvassing of election returns.
(2) During a declared emergency, the lieutenant governor may designate a method, time, or location for, or relating to, an event described in Subsection (1)(b) that is different than the method, time, or location described in this title.
(3) The lieutenant governor shall notify a voter or potential voter of a different method, time, or location designated under Subsection (2) by:
(a) posting a notice on the Statewide Electronic Voter Information Website established under Section 20A-7-801;
(b) notifying each election officer affected by the designation; and
(c) notifying a newspaper of general circulation within the state or a local media correspondent.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 4 - Election Law Controversies › Section 402 - Election officer to render interpretations and make decisions.

20A-1-402.
Election officer to render interpretations and make decisions.
The election officer shall render all interpretations and make all initial decisions about controversies or other matters arising under this chapter.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 4 - Election Law Controversies › Section 403 - Errors or omissions in ballots.

Effective 5/4/2022
20A-1-403.
Errors or omissions in ballots.
(1) The election officer shall, without delay, correct any errors in ballots that the election officer discovers, or that are brought to the election officer's attention, if those errors can be corrected without interfering with the timely distribution of the ballots.
(2)
(a)
(i) If an error or omission has occurred in the publication of the names or description of the candidates nominated for office, in the publication of sample ballots, or in the printing of official ballots, a candidate or the candidate's agent may file, without paying any fee, a petition for ballot correction with the district court.
(ii) If a petition is filed, the petitioner shall serve a copy of the petition on the respondents on the same day that the petition is filed with the court.
(b) The petition shall contain:
(i) an affidavit signed by the candidate or the candidate's agent identifying the error or omission; and
(ii) a request that the court issue an order to the election officer responsible for the ballot error or omission to correct the ballot error or omission.
(3)
(a) After reviewing the petition, the court shall:
(i) issue an order commanding the respondent named in the petition to appear before the court to answer, under oath, under penalty of perjury, to the petition;
(ii) summarily hear and dispose of any issues raised by the petition to obtain substantial compliance with the provisions of this title by the parties to the controversy; and
(iii) enter appropriate orders.
(b) The court may assess costs, including reasonable attorney fees, against either party.
Amended by Chapter 170, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 4 - Election Law Controversies › Section 404 - Election controversies.

20A-1-404.
Election controversies.
(1)
(a)
(i) Whenever any controversy occurs between any election officer or other person or entity charged with any duty or function under this title and any candidate, or the officers or representatives of any political party, or persons who have made nominations, either party to the controversy may file a verified petition with the district court.
(ii) If a petition is filed, the petitioner shall serve a copy of the petition on the respondents on the same day that the petition is filed with the court.
(b) The verified petition shall identify concisely the nature of the controversy and the relief sought.
(2) After reviewing the petition, the court shall:
(a) issue an order commanding the respondent named in the petition to appear before the court to answer, under oath, to the petition;
(b) summarily hear and dispose of any issues raised by the petition to obtain:
(i) strict compliance with all filing deadlines for financial disclosure reports under:
(A) Section 10-3-208, regarding campaign finance statements in municipal elections;
(B) Section 17-16-6.5, regarding campaign finance statements for county offices;
(C)Title 20A, Chapter 11, Part 2, State Office Candidates - Campaign Organization and Financial Reporting Requirements;
(D)Title 20A, Chapter 11, Part 3, Candidates for Legislative Office - Campaign Organization and Financial Reporting Requirements;
(E)Title 20A, Chapter 11, Part 4, Officeholder Financial Reporting Requirements;
(F)Title 20A, Chapter 11, Part 5, Political Party Registration and Financial Reporting Requirements;
(G)Title 20A, Chapter 11, Part 6, Political Action Committee Registration and Financial Reporting Requirements;
(H)Title 20A, Chapter 11, Part 7, Campaign Financial Reporting by Corporations;
(I)Title 20A, Chapter 11, Part 8, Political Issues Committees - Registration and Financial Reporting;
(J)Title 20A, Chapter 11, Part 13, State School Board Candidates; and
(K)Title 20A, Chapter 12, Part 3, Campaign and Financial Reporting Requirements for Judicial Retention Elections; and
(ii) substantial compliance with all other provisions of this title by the parties to the controversy; and
(c) make and enter orders and judgments, and issue the process of the court to enforce all of those orders and judgments.
Amended by Chapter 13, 2008 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 1 - General Provisions › Part 5 - Candidate Vacancy and Vacancy and Temporary Absence in Elected Office › Section 504 - Midterm vacancies in the offices of attorney general, state treasurer, state auditor, State Board of Education member, and lieutenant governor.

Effective 5/12/2020
20A-1-504.
Midterm vacancies in the offices of attorney general, state treasurer, state auditor, State Board of Education member, and lieutenant governor.
(1)
(a) When a vacancy occurs for any reason in the office of attorney general, state treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the unexpired term at the next regular general election.
(b) The governor shall fill the vacancy until the next regular general election by:
(i) appointing a person who meets the qualifications for the office from three persons nominated by the state central committee of the same political party as the prior officeholder; or
(ii) for a State Board of Education vacancy, if the individual who is being replaced:
(A) was elected at a nonpartisan State Board of Education election, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications and residency requirements for filling the vacancy described in Section 20A-14-103;
(B) was elected at a partisan State Board of Education election, but is not a member of a political party, by appointing, with the advice and consent of the Senate, an individual who meets the qualifications and residency requirements for filling the vacancy described in Section 20A-14-103; or
(C) was elected at a partisan State Board of Education election, and is a member of a political party, by appointing an individual who meets the qualifications for the office from three persons nominated by the state central committee of the same political party as the prior officeholder.
(2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the advice and consent of the Senate, appoint a person to hold the office until the next regular general election at which the governor stands for election.
Amended by Chapter 352, 2020 General Session