(1)If the only
matter before the electors in a nonpartisan election is the election of persons to
office and if, at the close of business on the sixty-third day before the election or at
any time thereafter, there are not more candidates than offices to be filled at the
election, including candidates filing affidavits of intent to be a write-in candidate,
the designated election official, if instructed by resolution of the governing body,
shall cancel the election and declare the candidates elected.
(2)No later than twenty-five days before an election conducted as a
coordinated election in November, and at any time prior to any other elections, a
governing body may by resolution withdraw one or more ballot issues or ballot
questions from the ballot. In such case, the ballot iss
Free access — add to your briefcase to read the full text and ask questions with AI
(1) If the only
matter before the electors in a nonpartisan election is the election of persons to
office and if, at the close of business on the sixty-third day before the election or at
any time thereafter, there are not more candidates than offices to be filled at the
election, including candidates filing affidavits of intent to be a write-in candidate,
the designated election official, if instructed by resolution of the governing body,
shall cancel the election and declare the candidates elected.
(2) No later than twenty-five days before an election conducted as a
coordinated election in November, and at any time prior to any other elections, a
governing body may by resolution withdraw one or more ballot issues or ballot
questions from the ballot. In such case, the ballot issues and ballot questions are
deemed to have not been submitted and votes cast on the ballot issues and ballot
questions will either not be counted or be deemed invalid by action of the governing
body.
(3) If the electors are to consider the election of persons to office and ballot
issues or ballot questions, the election may be canceled by the governing body only
in the event that all of the conditions of subsection (1) of this section exist and that
all ballot issues or ballot questions have been withdrawn from the ballot pursuant
to subsection (2) of this section.
(3.5) (a) If, pursuant to section 32-1-902.7, the board of directors of a special
district has adopted a resolution to divide the special district into director districts
and has designated that the directors representing the director districts must be
elected by the eligible electors within each director district, then the governing
body may cancel the election for one or more director districts if, with respect to
each such director district, all the conditions of subsection (1) of this section exist
and all ballot issues or ballot questions, if any, have been withdrawn from the ballot
pursuant to subsection (2) of this section.
(b) As used in this subsection (3.5), director district means the area
represented by one director within a special district in which the board has adopted
a resolution to divide the special district into director districts pursuant to section
32-1-902.7.
(4) Except as provided in subsections (2) and (3.5) of this section, no election
may be canceled in part.
(5) Unless otherwise provided by an intergovernmental agreement pursuant
to section 1-7-116, upon receipt of an invoice, the governing body shall within thirty
days promptly pay all costs accrued by the county clerk and recorder and any
applicable political subdivision attributable to the canceled election or withdrawn
ballot issues or ballot questions.
(6) The governing body or designated election official shall provide notice by
publication, as that term is defined in section 1-13.5-501, of the cancellation of the
election. A copy of the notice must be posted at each polling location of the local
government, in the office of the designated election official, and in the office of the
clerk and recorder for each county with territorial boundaries that overlap in whole
or in part with those of the local government and, for special districts, a copy of the
notice must be filed in the office of the division of local government. The governing
body shall also notify the candidates that the election was canceled and that they
were elected by acclamation.