§ 20A-1-204 — Date of special election -- Legal effect.

(1) (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:
(1)(a)(i) in an even-numbered year:

(1)(a)(i)(A) the fourth Tuesday in June; or
(1)(a)(i)(B) the first Tuesday after the first Monday in November; or
(1)(a)(ii) in an odd-numbered year:

(1)(a)(ii)(A) the second Tuesday after the first Monday in August; or
(1)(a)(ii)(B) the first Tuesday after the first Monday in November.
(1)(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.
(1)(c) (1)(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:

(1)(c)(i)(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;
(1)(c)(i)(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
(1)(c)(i)(C) votes unanimously to hold the special election on that other date.
(1)(c)(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.
(1)(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.
(1)(e) Nothing in this section prohibits:
(1)(e)(i) the governor or Legislature from submitting a matter to the voters at the regular general election if authorized by law; or
(1)(e)(ii) a local government from submitting a matter to the voters at the regular municipal election if authorized by law.
(2) (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:
(2)(a)(i) another special election;
(2)(a)(ii) a regular general election; or
(2)(a)(iii) a municipal general election.
(2)(b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
(2)(b)(i) polling places;
(2)(b)(ii) ballots;
(2)(b)(iii) election officials; and
(2)(b)(iv) other administrative and procedural matters connected with the election.

Legislative History

Amended by Chapter 170, 2022 General Session