State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-02 > 10-2-116

10-2-116. Election of officers of new city.
(1) For the election of city officers, the county legislative body shall:
(a) unless a primary election is prohibited by Subsection 20A-9-404(2), hold a primaryelection; and
(b) hold a final election.
(2) Each election under Subsection (1) shall be:
(a) appropriate to the form of government chosen by the voters at the incorporationelection;
(b) consistent with the voters' decision about whether to elect commission or councilmembers by district and, if applicable, consistent with the boundaries of those districts asdetermined by the petition sponsors; and
(c) consistent with the sponsors' determination of the number of commission or councilmembers to be elected and the length of their initial term.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), the primaryelection under Subsection (1)(a) shall be held at the earliest of the next:
(i) regular general election under Section 20A-1-201;
(ii) municipal primary election under Section 20A-9-404;
(iii) municipal general election under Section 20A-1-202; or
(iv) special election under Section 20A-1-204.
(b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a) maynot be held until 75 days after the incorporation election under Section 10-2-111.
(4) Except as provided in Subsection (5), the final election under Subsection (1)(b) shallbe held at the next special election date under Section 20A-1-204:
(a) after the primary election; or
(b) if there is no primary election, more than 75 days after the incorporation electionunder Section 10-2-111.
(5) Notwithstanding Subsections (3) and (4), the county legislative body may hold theprimary and final elections required under Subsection (1) on the dates provided for the nextmunicipal primary election under Section 20A-9-404 and the next municipal general electionunder Section 20A-1-202, respectively, after the incorporation election, if:
(a) with the results under Subsection 10-2-114(1)(d), the petition sponsors submit to thecounty legislative body a written request to that effect; and
(b) the incorporation election under Section 10-2-111 took place in February or May ofan odd-numbered year.
(6) (a) (i) The county clerk shall publish notice of an election under this section:
(A) at least once a week for two successive weeks in a newspaper of general circulationwithin the future city; and
(B) in accordance with Section 45-1-101 for two weeks.
(ii) The later notice under Subsection (6)(a)(i) shall be at least one day but no more thanseven days before the election.
(b) (i) In accordance with Subsection (6)(a)(i)(A), if there is no newspaper of generalcirculation within the future city, the county clerk shall post at least one notice of the election per1,000 population in conspicuous places within the future city that are most likely to give noticeof the election to the voters.
(ii) The county clerk shall post the notices under Subsection (6)(b)(i) at least seven days

before each election under Subsection (1).
(7) Until the city is incorporated, the county clerk is the election officer for all purposesin an election of officers of the city approved at an incorporation election.

Amended by Chapter 388, 2009 General Session