CHAPTER 1
ELECTION OF OFFICERS

Sections:

2-1-101    Governing Body.

2-1-102    Elections.

2-1-103    Nominations.

2-1-104    Primary Elections.

2-1-105    [Repealed]

2-1-106    Filing Fee.

2-1-107    [Repealed]

2-1-108    Certificates Preserved Two Years.

2-1-109    Posting of Notice of Election and Publication.

2-1-110    Form of Ballots.

2-1-111    Objections to Nomination Petition.

2-1-112    Withdrawal of Candidacy.

2-1-113    [Repealed]

2-1-114    Qualifications Of Voters.

2-1-115    Election Judges; Voting Places.

2-1-116    Canvass Of Returns; Certificate Of Election.

2-1-117    Preparation for Elections and Conduct of Elections.

2-1-118    Disclosure of Campaign Finances.

2-1-119    Election Offenses.

2-1-101 Governing Body.

The governing body of Springville shall be a City Council composed of a mayor and five (5) council members.

(Statutory Authority UCA 10-3-105; added in codification 1979; 1979 Code 2-1-1; amended by Ord. No. 16-01)

2-1-102 Elections.

(1)    On the Tuesday after the first Monday in November, 1979, and biennially thereafter, an election shall be held to fill all elective City offices vacated by 12:00 noon on the first Monday in January following the election. The officers elected shall continue in the office to which they were elected for four (4) years, except in the case of death, resignation, removal, or disqualification from office.

(2)    The officers so elected shall begin their term of office at 12:00 noon on the first Monday in January following their election.

(3)    The offices of three (3) council members shall be filled in the election held in 1979. The term shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections held as provided in this Chapter and according to state law.

(4)    The offices of mayor and the other two (2) council members shall be filled in municipal elections held in 1981. The term shall be for four (4) years. These offices shall be filled every four (4) years in municipal elections held as provided in this Chapter and according to state law.

(5)    In the case of death, resignation, removal, or disqualification from office of the Mayor or a Council member, an election shall be held to fill the vacancy when required by State law.

(6)    The officers shall be elected in at-large elections which are held at the time and in the manner provided by law for electing municipal officers.

(Statutory Authority UCA 10-3-201 & 10-3-205; amended in codification 1979; 1979 Code 2-1-2; amended by Ordinance No. 16-01)

2-1-103 Nominations.

(1)    Any person who is a registered voter may be a candidate and hold office, if the person has resided within the City for a period of 365 consecutive days immediately preceding the date of the election. In the event of an annexation, any person who has resided within the territory annexed for the prescribed 365 day period is deemed to meet the residency requirements for candidacy.

(2)    Any registered voter may be nominated for a municipal office by a petition signed by twenty-five (25) residents of the City who are eighteen (18) years of age or older. Such a petition shall substantially conform with the form provided by the City Recorder. No person shall sign more than one petition of nomination for any one office. In the event that one person signs more than one petition of nomination, his or her name shall be stricken from all such petitions submitted.

(3)    To become a candidate for elective office at a November election of the City, a declaration of candidacy or nomination petition shall be filed with the City Recorder between 8:00 a.m., July 1st and July 15th at 5:00 p.m. In the event that July 15th falls on a weekend or a holiday, the deadline shall be extended to the next business day at 5:00 p.m. The declaration of candidacy shall be submitted upon the form supplied by the City Recorder.

(4)    Immediately after expiration of the period for filing a declaration of candidacy, the City Recorder shall cause the names of the candidates as they will appear on the ballot to be published in at least two (2) successive publications of a newspaper with general circulation in the City.

(Statutory Authority UCA 20A-9-203 and 503; Amended by Ordinances No. 5-99 and 16-01)

2-1-104 Primary Elections.

A primary election shall be held on the second Tuesday following the first Monday in September preceding the November municipal election to determine the candidates for elective office at the municipal election. At any primary election, the candidates receiving the highest number of votes, to the extent that there will be twice the number of nominees as there are vacant offices to be filled, shall be those deemed nominated. If the number of candidates for a particular office, however, does not exceed twice the number of offices to be filled at the election, no primary election for that office shall be held, and the candidate is deemed nominated for the final election.

(Statutory Authority UCA 20A-9-404; Adopted by Ordinance No. 5-99)

2-1-105 [Repealed]

(Repealed by Ordinance No. 5-99)

2-1-106 Filing Fee.

Each person seeking to become a candidate for a City office who files a declaration of candidacy shall pay a filing fee, and a filing fee shall be required for each nomination petition submitted. Such filing fee shall be set from time to time by resolution.

(Adopted by Ordinance No. 17-99)

2-1-107 [Repealed]

(Repealed by Ordinance No. 5-99)

2-1-108 Certificates Preserved Two Years.

The City Recorder shall cause to be preserved all certificates of nomination filed therein under the provisions of this Chapter for a period of two (2) years. All such certificates shall be open to public inspection under proper rules and regulations made by the City Recorder.

(Amended in codification 1979; 1979 Code 2-1-8; amended by Ordinance No. 16-01)

2-1-109 Posting of Notice of Election and Publication.

Before an election to fill any public office, the City Recorder shall publish, in at least one (1) newspaper published within the City, or post in at least six (6) conspicuous places in the City, a list of all nominations to offices certified to the City Recorder under the provisions of this Chapter and the name and party or other designation of each such candidate. Such publication shall be, as near as possible, in the form of the official ballots, and shall contain the hours during which the polls will be open, the polling places in each district, and the qualifications for persons to vote in the election, with the first publication to be not less than six (6) days and not more than ten (10) days prior to the day of election. A copy of the notice and a sample ballot shall be posted in each voting district and in at least five (5) places by the registration agent. One (1) such notice may be posted in a well-used, public location in a nearby or adjacent district.

(Statutory Authority UCA 20A-5-1; Amended in codification 1979; 1979 Code 2-1-9; Amended by Ordinance No. 5-99)

2-1-110 Form of Ballots.

The City Recorder shall provide ballots to the various voting districts and in so doing shall comply with the provisions of Sections 20A-6-401 and 20A-6-402, Utah Code Annotated 1953.

(Statutory Authority UCA 20A-5-4; 1979 Code 2-1-10; Amended by Ordinance No. 5-99)

2-1-111 Objections to Nomination Petition.

All nomination petitions or declarations of candidacy which are in apparent conformity with the provisions of this Chapter shall be deemed to be valid, unless objection thereto shall be duly made in writing within three (3) days after the filing of the same. In case such objection is made, notice thereof shall forthwith be immediately mailed to all the candidates who may be affected thereby. The City Recorder shall pass upon the validity of such objection, and the Recorder’s decision shall be final; provided, that the Recorder shall decide such objection within forty-eight (48) hours after the same is filed, and any objection sustained may be remedied by an amendment to the original petition or declaration or by filing a new petition or declaration within three (3) days after such objection is sustained. The City Recorder’s decision upon substantive matters is reviewable by a District Court if prompt application is made to the court pursuant to State law.

(Statutory Authority UCA 20A-9-2; 1979 Code 2-1-11; Amended by Ordinance No. 5-99)

2-1-112 Withdrawal of Candidacy.

Any person nominated or who has filed a declaration of candidacy may, in writing duly signed and acknowledged, and at any time up to twenty-three (23) days before the election, notify the City Recorder that he or she declines the nomination. In the event such notice is given, the nomination shall be void, and the name shall not be printed upon the party ticket certifying his nomination.

(Statutory Authority 20A-9-2; 1979 Code 2-1-12; Amended by Ordinance No. 5-99)

2-1-113 [Repealed]

(Repealed by Ordinance No. 16-01)

2-1-114 Qualifications Of Voters.

Any citizen of the United States who is a resident of the state of Utah and the City of Springville and who will, by the date of the next November election, be eighteen (18) years of age and have been a resident of the state for a period of thirty (30) days and is properly registered may vote at the November municipal election and in all elections in the calendar year preceding such November election.

(Statutory Authority UCA 20A-2-1; amended in codification 1979; 1979 Code 2-1-14)

2-1-115 Election Judges; Voting Places.

The City Council shall appoint judges of election and designate places of voting. All elections must be conducted according to the general laws of the state of Utah, and all notices and lists of names required to be posted by registration agents prior to any general election shall also be posted by the registration agents prior to any municipal election, the necessary changes being made as to time of posting.

(Statutory Authority UCA 20A-5-4 & 5; 1979 Code 2-1-15; amended in codification)

2-1-116 Canvass Of Returns; Certificate Of Election.

Within seven (7) to fourteen (14) days following any municipal election, the City Council must convene and publicly canvass the results and issue certificates of election to each person elected by a plurality of votes. When two (2) or more persons have received an equal and highest number of votes for any one (1) of the offices voted for, the tie shall be decided by lot in the presence of the Mayor and City Recorder upon a day designated by the Mayor.

(Statutory Authority UCA 20A-4-3; 1979 Code 2-1-16)

2-1-117 Preparation for Elections and Conduct of Elections.

In preparing for all municipal elections, the City Recorder shall be responsible to see that the City complies with the provisions of Section 20A-5-401, Utah Code Annotated 1953, et seq.

(1979 Code 2-1-17; adopted by Ordinance No. 8-85; Amended by Ordinance No. 5-99)

2-1-118 Disclosure of Campaign Finances.

(1)    For purposes of this Section, the following definitions shall apply:

(a)    “Candidate” means a person nominated for election to the office of mayor or city council as provided in Sections 2-1-103 through 2-1-106.

(b)    (i) “Contribution” means any of the following when done for political purposes:

(A)    a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to a candidate;

(B)    an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the a candidate; and

(C)    goods or services provided to or for the benefit of a candidate at less than fair market value.

(ii)    “Contribution” does not include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate nor money lent to a candidate by a financial institution in the ordinary course of business.

(c)    “Detailed listing” means:

(i)    for each contribution:

(A)    the name and address of the individual or source making the contribution;

(B)    the amount or value of the contribution; and

(C)    the date the contribution was made; and

(ii)    for each expenditure:

(A)    the amount of the expenditure;

(B)    the person or entity to whom it was disbursed;

(C)    the specific purpose for the expenditure; and

(D)    the date the expenditure was made.

(d)    (i) “Expenditure” means:

(A)    any disbursement from contributions or receipts or any disbursement from a candidate’s own funds if done for political purposes;

(B)    a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes; and

(C)    an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes.

(ii)    “Expenditure” does not include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or money lent to a candidate by a financial institution in the ordinary course of business.

(e)    “Reporting date” means:

(i)    ten (10) days before a municipal general election, for a campaign finance statement required to be filed no later than seven (7) days before a municipal general election; and

(ii)    the day of filing, for a campaign finance statement required to be filed no later than thirty (30) days after a municipal primary or general election.

(f)    “Reporting limit” means:

(i)    fifty dollars; or

(ii)    an amount lower than $50.00 that is specified in an ordinance of the municipality.

(2)    (a) (i) Each candidate for municipal office who is not eliminated at a municipal primary election shall file with the Municipal Clerk or Recorder a campaign finance statement:

(A)    no later than seven (7) days before the date of the municipal general election; and

(B)    no later than thirty (30) days after the date of the municipal general election.

(ii)    Each candidate who is eliminated at a municipal primary election shall file with the City Recorder a campaign finance statement no later than thirty (30) days after the date of the municipal primary election.

(b)    Each campaign finance statement under subsection (2)(a) of this section shall:

(i)    except as provided in subsection (2)(b)(ii) of this section:

(A)    report all of the candidate’s itemized and total:

(I)    campaign contributions, including in-kind and other nonmonetary contributions, received before the close of the reporting date; and

(II)    campaign expenditures made through the close of the reporting date; and

(B)    identify:

(I)    for each contribution that exceeds the reporting limit, the amount of the contribution and the name of the donor;

(II)    the aggregate total of all contributions that individually do not exceed the reporting limit; and

(III)    for each campaign expenditure, the amount of the expenditure and the name of the recipient of the expenditure; or

(ii)    report the total amount of all campaign contributions and expenditures if the candidate receives $500.00 or less in campaign contributions and spends $500.00 or less on the candidate’s campaign.

(3)    The City Recorder shall, at the time the candidate for municipal office files a declaration of candidacy, and again fourteen (14) days before each municipal general election, notify the candidate in writing of:

(a)    the provisions of statute or municipal ordinance governing the disclosure of campaign contributions and expenditures;

(b)    the dates when the candidate’s campaign finance statement is required to be filed; and

(c)    the penalties that apply for failure to file a timely campaign finance statement, including the statutory provision that requires removal of the candidate’s name from the ballot for failure to file the required campaign finance statement when required.

(4)    Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, the City Recorder shall:

(a)    make each campaign finance statement filed by a candidate available for public inspection and copying no later than one (1) business day after the statement is filed; and

(b)    make the campaign finance statement filed by a candidate available for public inspection by:

(i)    (A) posting an electronic copy of the contents of the statement on the municipality’s website no later than seven (7) business days after the statement is filed; and

(B)    verifying that the address of the municipality’s website has been provided to the lieutenant governor in order to meet the requirements of Section 20A-11-103(5), Utah Code Annotated 1953; or

(ii)    submitting a copy of the statement to the Lieutenant Governor for posting on the website established by the Lieutenant Governor under Section 20A-11-103, Utah Code Annotated 1953, no later than two (2) business days after the statement is filed.

(5)    (a) If a candidate fails to file a campaign finance statement before the municipal general election by the deadline specified in subsection (2)(a)(i)(A) of this section, the Municipal Clerk or Recorder:

(i)    shall:

(A)    if practicable, remove the candidate’s name from the ballot by blacking out the candidate’s name before the ballots are delivered to voters; or

(B)    if removing the candidate’s name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and

(ii)    may not count any votes for that candidate.

(b)    Notwithstanding subsection (5)(a) of this section, a candidate who files a campaign finance statement seven (7) days before a municipal general election is not disqualified if:

(i)    the statement details accurately and completely the information required under subsection (2)(b) of this section, except for inadvertent omissions or insignificant errors or inaccuracies; and

(ii)    the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.

(6)    A campaign finance statement required under this Section is considered filed if it is received in the City Recorder’s office by 5:00 p.m. on the date that it is due.

(7)    (a) A private party in interest may bring a civil action in district court to enforce the provisions of this Section.

(b)    In a civil action under subsection (7)(a) of this section, the court may award costs and attorney’s fees to the prevailing party.

(8)    A person who fails to comply with this Section is guilty of an infraction and is liable to punishment upon conviction thereof by a fine in an amount not to exceed $750.00.

(9)    The required financial statements shall be public documents and shall be available for public inspection and copying during regular business hours. Appropriate costs may be assessed pursuant to Section 2-12-106.

(UCA 20A-11-3; Adopted by Ordinance No. 16-95; Amended by Ordinance No. 5-99; Ord. No. 25-2008, 12/16/2008)

2-1-119 Election Offenses.

Violation by any person of any of the provisions of this Chapter, or any person who violates the provisions of Title 20A, Utah Code Annotated 1953, shall be punished as set forth by State law.

(Adopted by Ordinance No. 5-99)