State Codes and Statutes
Statutes > Utah > Title-17b > Chapter-01 > 17b-1-21417B-1-214. Election -- Exceptions.
(1) (a) Except as provided in Subsection (3) and in Subsection 17B-1-213(2)(a), anelection on the question of whether the local district should be created shall be held by:
(i) if the proposed local district is located entirely within a single county, the responsibleclerk; or
(ii) except as provided under Subsection (1)(b), if the proposed local district is locatedwithin more than one county, the clerk of each county in which part of the proposed local districtis located, in cooperation with the responsible clerk.
(b) Notwithstanding Subsection (1)(a)(ii), if the proposed local district is located withinmore than one county and the only area of a county that is included within the proposed localdistrict is located within a single municipality, the election for that area shall be held by themunicipal clerk or recorder, in cooperation with the responsible clerk.
(2) Each election under Subsection (1) shall be held at the next special or regular generalelection date that is:
(a) for an election pursuant to a property owner or registered voter petition, more than 45days after certification of the petition under Subsection 17B-1-209(3)(b)(i); or
(b) for an election pursuant to a resolution, more than 60 days after the latest hearingrequired under Section 17B-1-210.
(3) The election requirement of Subsection (1) does not apply to:
(a) a petition filed under Subsection 17B-1-203(1)(a) if it contains the signatures of theowners of private real property that:
(i) is located within the proposed local district;
(ii) covers at least 67% of the total private land area within the proposed local district asa whole and within each applicable area; and
(iii) is equal in value to at least 50% of the value of all private real property within theproposed local district as a whole and within each applicable area;
(b) a petition filed under Subsection 17B-1-203(1)(b) if it contains the signatures ofregistered voters residing within the proposed local district as a whole and within each applicablearea, equal in number to at least 67% of the number of votes cast in the proposed local district asa whole and in each applicable area, respectively, for the office of governor at the last generalelection prior to the filing of the petition;
(c) a resolution adopted under Subsection 17B-1-203(1)(c) on or after May 5, 2003 thatproposes the creation of a local district to provide fire protection, paramedic, and emergencyservices or law enforcement service, if the proposed local district includes a majority of theunincorporated area of one or more counties;
(d) a resolution adopted under Subsection 17B-1-203(1)(c) or (d) if the resolutionproposes the creation of a local district that has no registered voters within its boundaries; or
(e) a resolution adopted under Subsection 17B-1-203(1)(c) on or after May 11, 2010 thatproposes the creation of a local district described in Subsection 17B-1-202(1)(a)(xiv).
(4) (a) If the proposed local district is located in more than one county, the responsibleclerk shall coordinate with the clerk of each other county and the clerk or recorder of eachmunicipality involved in an election under Subsection (1) so that the election is held on the samedate and in a consistent manner in each jurisdiction.
(b) The clerk of each county and the clerk or recorder of each municipality involved in anelection under Subsection (1) shall cooperate with the responsible clerk in holding the election.
(c) Except as otherwise provided in this part, each election under Subsection (1) shall begoverned by Title 20A, Election Code.
Amended by Chapter 150, 2010 General Session
