2006 Utah Code - 20A-5-400.5 — Election officer for bond and leeway elections -- Billing.

     20A-5-400.5.   Election officer for bond and leeway elections -- Billing.
     (1) When a voted leeway or bond election is held on the regular general election date or regular primary election date, the county clerk shall serve as the election officer to conduct and administer that election.
     (2) (a) When a voted leeway or bond election is held on the municipal general election date or any other election date permitted for special elections under Section 20A-1-204, and the local political subdivision calling the election is entirely within the boundaries of the unincorporated county, the county clerk shall serve as the election officer to conduct and administer that election subject to Subsection (3).
     (b) When a voted leeway or bond election is held on the municipal general election date or any other election date permitted for special elections under Section 20A-1-204, and the local political subdivision calling the election is entirely within the boundaries of a municipality, the municipal clerk for that municipality shall, except as provided in Subsection (3), serve as the election officer to conduct and administer that election.
     (c) When a voted leeway or bond election is held on the municipal general election date or any other election date permitted for special elections under Section 20A-1-204, and the local political subdivision calling the election extends beyond the boundaries of a single municipality:
     (i) except as provided in Subsection (3), the municipal clerk shall serve as the election officer to conduct and administer the election for those portions of the local political subdivision where the municipal general election or other election is being held; and
     (ii) except as provided in Subsection (3), the county clerk shall serve as the election officer to conduct and administer the election for the unincorporated county and for those portions of any municipality where no municipal general election or other election is being held.
     (3) When a voted leeway or bond election is held on a date when no other election, other than another voted leeway or bond election, is being held in the entire area comprising the municipality calling the voted leeway or bond election:
     (a) the clerk or chief executive officer of a special district or the business administrator or superintendent of the school district, as applicable, shall serve as the election officer to conduct and administer the bond election for those portions of the municipality in which no other election, other than another voted leeway or bond election, is being held, unless the special district or school district has designated the county clerk, municipal clerk, or both, to serve as the election officer; and
     (b) the county clerk, municipal clerk, or both, as determined by the municipality holding the bond election, shall serve as the election officer to conduct and administer the bond election for those portions of the municipality in which another election, other than another voted leeway or bond election is being held.
     (4) (a) In conducting elections under this section:
     (i) the local political subdivision shall provide and pay for election notices; and
     (ii) the election officer shall determine polling locations and compile, prepare, and count the ballots.
     (b) The county clerk, the municipal clerk, or both shall:
     (i) establish fees for conducting voted leeway and bond elections for local political subdivisions; and
     (ii) bill each local political subdivision for the cost of conducting the voted leeway or bond election.

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     (5) An election officer administering and conducting a voted leeway or bond election is authorized to appoint or employ agents and professional services to assist in conducting and administering the voted leeway or bond election.
     (6) The election officer in a voted leeway or bond election shall conduct its procedures under the direction of the local political subdivision calling the voted leeway or bond election.

Amended by Chapter 105, 2005 General Session