2006 Utah Code - 17A-3-804 — Governing body of districts -- Candidates\' qualifications -- Procedures -- Termination of office upon consolidation, division, or termination -- New elections.

     17A-3-804.   Governing body of districts -- Candidates' qualifications -- Procedures -- Termination of office upon consolidation, division, or termination -- New elections.
     (1) (a) The governing body of each district shall be comprised of five supervisors elected at large within the district.
     (b) At least three of the supervisors shall be private agricultural land operators.
     (c) The term of office for each supervisor shall be four years.
     (d) If the supervisors divide the district into watershed voting areas under Subsection (5), at least one supervisor must reside within each voting area.
     (e) A vacancy that occurs in the office of a supervisor shall be filled by appointment by the remaining supervisors for the unexpired term of the supervisor creating the vacancy.
     (2) (a) The supervisors shall elect a chairman and other officers they consider necessary from among their number.
     (b) A simple majority of supervisors present at a duly called meeting shall constitute a quorum for the transaction of official business.
     (c) Supervisors shall receive in the performance of their official duties compensation for travel and time as fixed by the commission and actual and necessary expenses.
     (3) Each candidate who stands for election to the office of district supervisor shall be nominated by a nominating committee composed of:
     (a) the chair of the county commission or council;
     (b) the chair of the county USDA Farm Service Agency Committee;
     (c) the chair of the district supervisors or designated district supervisor if the chair is an incumbent who wishes to run for reelection; and
     (d) the county agricultural extension service designated representative.
     (4) (a) The nominating committee shall nominate for each district election a slate of candidates equal in number to at least one more than the number of supervisors to be elected.
     (b) The commission shall, before each election, deliver to the nominating committee a copy of the district's supervisor election voting list for the committee's review and approval.
     (5) The district supervisors may divide the district into no more than three watershed voting areas.
     (6) (a) Candidates, other than those nominated by the nominating committee, shall be placed on the ballot upon the receipt of a petition, not later than the close of nominations as set by the commission.
     (b) Each petition under Subsection (6)(a) shall:
     (i) state:
     (A) the candidate's name;
     (B) that the candidate is over 18 years of age; and
     (C) that the candidate is a resident of the district in which the election is to be held; and
     (ii) list the name, address, voting precinct number, and signature of at least six persons who are registered voters within the same district as the candidate.
     (7) (a) The names of all nominees, whether nominated by the nominating committee or by petition, shall be received by the commission on or before the date set by the commission as the close of nominations.
     (b) The commission shall:
     (i) fix the date of election in each district which may not be held later than six weeks after the date nominations close; and

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     (ii) at least three weeks before the date scheduled for each election, publish notice of the election in a newspaper or other media outlet method with general circulation within each district where an election is to be held.
     (c) The notice under Subsection (7)(b)(ii) shall:
     (i) state the date of the election, the names of all candidates, and the fact that ballot request forms may be obtained for the election by any registered voter from the commission offices or from such other place as the commission designates; and
     (ii) specify the address of the commission offices or other places where ballot request forms may be obtained.
     (8) The names of all nominees shall be printed on the ballot in alphabetical order according to surname, and a square shall appear before each name. A printed instruction to insert a mark in the square before the name of the number of persons to be elected to show the voter's preference shall also appear on the ballot.
     (9) (a) The commission and department shall conduct the election of district supervisors by mail.
     (b) A person is eligible to vote if the person:
     (i) is a registered voter residing in the district;
     (ii) is a person who:
     (A) owns or operates private agricultural land in the district; and
     (B) (I) requests a ballot; or
     (II) has voted in one of the last two district elections.
     (c) (i) The commission and department shall establish and maintain a supervisor's election mailing list for each district election.
     (ii) The list under Subsection (9)(c)(i) shall contain the names and mailing addresses of all persons eligible to vote under Subsection (9)(b).
     (d) The commission shall mail a ballot to each person within a district where an election is to be held who is listed on the supervisor's election mailing list.
     (e) (i) Ballots shall be mailed not later than five days before the date set for election.
     (ii) Each ballot shall specify the date after which ballots will not be accepted for purposes of the election.
     (f) The candidates equal in number to the number of supervisor positions available and receiving the highest number of votes are elected and shall take office on the date set by the commission for terms to begin.
     (g) The commission shall determine all questions of eligibility, certify the count and tally of ballots and votes cast, and declare and certify each district supervisor elected.
     (h) All expenses incident to the election shall be paid by the department for the commission.
     (10) (a) If a district is consolidated, or if a district is divided or terminated, the offices of supervisors within each affected district shall terminate immediately, and the commission shall proceed to wind up the affairs of a terminated district.
     (b) If districts are consolidated, the commission shall merge the assets and liabilities of the original districts into the newly created district.
     (c) If a district is divided, the commission shall equitably divide the assets of the original district between the newly created districts.
     (d) (i) A new election for supervisors shall be conducted in any divided or consolidated

district.
     (ii) In an election under Subsection (10)(d)(i), the commission shall:
     (A) set the dates for nominations, election, and commencement of terms of office; and
     (B) certify the results of the election.
     (iii) The nominating committee shall select a slate of at least six candidates for an election under Subsection (10)(d)(i). Nominations may also be made as provided under Subsection (6).
     (iv) Notwithstanding Subsection (1)(c), the two candidates receiving the highest number of votes at an election under Subsection (10)(d)(i) shall be elected to a four-year term, and the three candidates receiving the next highest number of votes shall be elected to a two-year term.

Amended by Chapter 180, 1997 General Session