Utah Code 10-3-301. Notice — Eligibility and residency requirements for elected municipal office — Mayor and recorder limitations
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(1) As used in this section:
Terms Used In Utah Code 10-3-301
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104 - Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Town: means a municipality classified by population as a town under Section
10-2-301 . See Utah Code 10-1-104(1)(a) “Absent” means that an elected municipal officer fails to perform official duties, including the officer’s failure to attend each regularly scheduled meeting that the officer is required to attend.(1)(b) “Principal place of residence” means the same as that term is defined in Section 20A-2-105.(1)(c) “Secondary residence” means a place where an individual resides other than the individual’s principal place of residence.
(2)
(2)(a) On or before May 1 in a year in which there is a municipal general election, the municipal clerk shall publish a notice that identifies:
(2)(a)(i) the municipal offices to be voted on in the municipal general election; and
(2)(a)(ii) the dates for filing a declaration of candidacy for the offices identified under Subsection (2)(a)(i).
(2)(b) The municipal clerk shall publish the notice described in Subsection (2)(a) for the municipality, as a class A notice under Section 63G-30-102, for at least seven days.
(3)
(3)(a) An individual who files a declaration of candidacy for a municipal office shall comply with the requirements described in Section 20A-9-203.
(3)(b)
(3)(b)(i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
(3)(b)(i)(A) Saturday or Sunday; or
(3)(b)(i)(B) state holiday as listed in Section 63G-1-301.
(3)(b)(ii) If on a regular basis a city recorder or town clerk maintains an office schedule that is less than 40 hours per week, the city recorder or town clerk may comply with Subsection (3)(b)(i) without maintaining office hours by:
(3)(b)(ii)(A) posting the recorder’s or clerk’s contact information, including a phone number and email address, on the recorder’s or clerk’s office door, the main door to the municipal offices, and, if available, on the municipal website; and
(3)(b)(ii)(B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i), via the contact information described in Subsection (3)(b)(ii)(A).
(4) An individual elected to municipal office shall be a registered voter in the municipality in which the individual is elected.
(5)
(5)(a) Each elected officer of a municipality shall maintain a principal place of residence within the municipality, and within the district that the elected officer represents, during the officer’s term of office.
(5)(b) Except as provided in Subsection (6), an elected municipal office is automatically vacant if the officer elected to the municipal office, during the officer’s term of office:
(5)(b)(i) establishes a principal place of residence outside the district that the elected officer represents;
(5)(b)(ii) resides at a secondary residence outside the district that the elected officer represents for a continuous period of more than 60 days while still maintaining a principal place of residence within the district;
(5)(b)(iii) is absent from the district that the elected officer represents for a continuous period of more than 60 days; or
(5)(b)(iv) fails to respond to a request, within 30 days after the day on which the elected officer receives the request, from the county clerk or the lieutenant governor seeking information to determine the officer’s residency.
(6)
(6)(a) Notwithstanding Subsection (5), if an elected municipal officer obtains the consent of the municipal legislative body in accordance with Subsection (6)(b) before the expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
(6)(a)(i) reside at a secondary residence outside the district that the elected officer represents while still maintaining a principal place of residence within the district for a continuous period of up to one year during the officer’s term of office; or
(6)(a)(ii) be absent from the district that the elected officer represents for a continuous period of up to one year during the officer’s term of office.
(6)(b) At a public meeting, the municipal legislative body may give the consent described in Subsection (6)(a) by majority vote after taking public comment regarding:
(6)(b)(i) whether the legislative body should give the consent; and
(6)(b)(ii) the length of time to which the legislative body should consent.
(7)
(7)(a) The mayor of a municipality may not also serve as the municipal recorder or treasurer.
(7)(b) The recorder of a municipality may not also serve as the municipal treasurer.
(7)(c) An individual who holds a county elected office may not, at the same time, hold a municipal elected office.
(7)(d) The restriction described in Subsection (7)(c) applies regardless of whether the individual is elected to the office or appointed to fill a vacancy in the office.