Utah Code 20A-4-301. Board of canvassers
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(1)
Terms Used In Utah Code 20A-4-301
- Board of canvassers: means the entities established by Sections
20A-4-301 and20A-4-306 to canvass election returns. See Utah Code 20A-1-102 - Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
- Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
- County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section
20A-1-202 . See Utah Code 20A-1-102- Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
- Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
- Municipality: means a city or town. See Utah Code 20A-1-102
- Quorum: The number of legislators that must be present to do business.
- Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
(1)(a) Each county legislative body is the board of county canvassers for:(1)(a)(i) the county; and(1)(a)(ii) each special district whose election is conducted by the county if:(1)(a)(ii)(A) the election relates to the creation of the special district;(1)(a)(ii)(B) the county legislative body serves as the governing body of the special district; or(1)(a)(ii)(C) there is no duly constituted governing body of the special district.(1)(b) The board of county canvassers shall meet to canvass the returns at the usual place of meeting of the county legislative body, at a date and time determined by the county clerk that is no sooner than seven days after the election and no later than 14 days after the election.(1)(c) If one or more of the county legislative body fails to attend the meeting of the board of county canvassers, the remaining members shall replace the absent member by appointing in the order named:(1)(c)(i) the county treasurer;(1)(c)(ii) the county assessor; or(1)(c)(iii) the county sheriff.(1)(d) Attendance of the number of persons equal to a simple majority of the county legislative body, but not less than three persons, shall constitute a quorum for conducting the canvass.(1)(e) The county clerk is the clerk of the board of county canvassers.
(2)
(2)(a) The mayor and the municipal legislative body are the board of municipal canvassers for the municipality.
(2)(b) The board of municipal canvassers shall meet to canvass the returns at the usual place of meeting of the municipal legislative body:
(2)(b)(i) for canvassing of returns from a municipal general election, no sooner than seven days after the election and no later than 14 days after the election; or
(2)(b)(ii) for canvassing of returns from a municipal primary election, no sooner than seven days after the election and no later than 14 days after the election.
(2)(c) Attendance of a simple majority of the municipal legislative body shall constitute a quorum for conducting the canvass.
(3)
(3)(a) The legislative body of the entity authorizing a bond election is the board of canvassers for each bond election.
(3)(b) The board of canvassers for the bond election shall comply with the canvassing procedures and requirements of Section 11-14-207 .
(3)(c) Attendance of a simple majority of the legislative body of the entity authorizing a bond election shall constitute a quorum for conducting the canvass.
(4)
(4)(a) If a board of trustees or an administrative control board is the governing body of a special district, the board of trustees or the administrative control board is the board of special district canvassers for the special district.
(4)(b) The board of special district canvassers shall meet to canvass the returns at the usual place of meeting for the board of trustees or the administrative control board, as applicable, at a date and time determined by the special district clerk that is no sooner than seven days after the day of the election and no later than 14 days after the day of the election.
(4)(c) Attendance of a simple majority of the board of trustees or the administrative control board is a quorum for conducting the canvass.
(5) In relation to an election for the creation of a new school district under Section 53G-3-301.1 , 53G-3-301.3 , or 53G-3-301.4 , or in relation to an election of members of a local school board for a new school district or a reorganized new school district under Section 53G-3-302 , the board of canvassers is:
(5)(a) if the voters permitted to vote in the election are all residents of the same municipality, the mayor and the municipal legislative body;
(5)(b) if the voters permitted to vote in the election are not all residents of the same municipality, but are all residents of the same county, the county legislative body; or
(5)(c) if the voters permitted to vote in the election are not all residents of the same municipality and are not all residents of the same county, the county legislative body of the county where the majority of the voters permitted to vote in the election are residents.