HB 420 — Municipal Office Vacancy Modifications

HB0420S01Enrolled comparedCopy withH.B. HB0420 {Omitted text} shows text that was in HB0420 but was omitted in HB0420S01 inserted text shows text that was not in HB0420 but was inserted into HB0420S01 DISCLAIMER:

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Municipal Office Vacancy Modifications GENERAL SESSION STATE OF UTAH Chief Sponsor:

Karen Kwan 3 LONG TITLE General Description:

None H Utah Code Sections Affected:

B AMENDS:

420A-1-510, 20A-1-510 , as last amended by Laws of Utah 2025, Chapters 90, 448 2 HB0420 compared with HB0420S01 Be it enacted by the Legislature of the state of Utah:

20A-1-510.20A-1-510 .

[(1)[(1)(a) (a) As used in this section:] [(i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined in Section 20A-1-102.] [(ii) "Vacancy," if due to resignation, occurs:] [(A) for a municipal executive, on the effective date of an irrevocable letter of resignation submitted by the municipal executive to the municipal legislative body;H.B.

or]420 [(B)Enrolled forCopy abody; member of a municipal legislative body, on the effective date of an irrevocable letter of resignation submitted by the member to the municipal legislative body.] [(b) Except as otherwise provided in this section, if any vacancy occurs in the office of municipal executive or member of a municipal legislative body, the municipal legislative body shall, within calendar days after the day on which the vacancy occurs, appoint a registered voter in the municipality who meets the qualifications for office described in Section 10-3-301 to fill the unexpired term of the vacated office.] [(c) Before acting to fill the vacancy, the municipal legislative body shall:] [(i) immediately notify the municipal recorder or clerk;] [(ii) give public notice of the vacancy at least 14 calendar days before the day on which the municipal legislative body meets to fill the vacancy;] [(iii) identify, in the notice:] [(A) the date, time, and place of the meeting where the vacancy will be filled;] [(B) the person to whom an individual interested in being appointed to fill the vacancy may submit the interested individual's name for consideration;

or] [(B) for a member of a municipal legislative body, on the effective date of an irrevocable letter of resignation submitted by the member to the municipal legislative body.] [(b) Except as otherwise provided in this section, if any vacancy occurs in the office of municipal executive or member of a municipal legislative body, the municipal legislative body shall, within 30 calendar days after the day on which the vacancy occurs, appoint a registered voter in the municipality who meets the qualifications for office described in Section 10-3-301 to fill the unexpired term of the vacated office.] [(c) Before acting to fill the vacancy, the municipal legislative body shall:] [(i) immediately notify the municipal recorder or clerk;] [(ii) give public notice of the vacancy at least 14 calendar days before the day on which the municipal legislative body meets to fill the vacancy;] [(iii) identify, in the notice:] [(A) the date, time, and place of the meeting where the vacancy will be filled;] [(B) the person to whom an individual interested in being appointed to fill the vacancy may submit the interested individual's name for consideration;

and] [(iv) in an open meeting, interview each individual whose name is submitted for consideration, and who meets the qualifications for office, regarding the individual's qualifications.] [(d)[(d)(i) - 2 - HB0420 compared with HB0420S01 (i) The municipal legislative body shall take an initial vote to fill the vacancy from among the names of the candidates interviewed under Subsection (1)(c)(iv).] [(ii)[(ii)(A) (A) If no candidate receives a majority vote of the municipal legislative body in the initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in the initial vote, as determined by the tie-breaking procedures described in Subsections (1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for a second vote to fill the vacancy.] [(B) If the initial vote results in a tie for second place, the candidates tied for second place shall be reduced to one by a coin toss conducted in accordance with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the candidate that received the most votes in the initial vote and the candidate that wins the coin toss described in this Subsection- (1)(d)2 (ii)(B).]- [(C)Enrolled IfCopy theH.B. initial vote results in a tie among three or more candidates for first place, the candidates tied for first place shall be reduced to two by a coin toss conducted in accordance with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall be between the two candidates that remain after the coin toss described in this Subsection (1)(d)(ii)(C).] [(D) A coin toss required under this Subsection (1)(d) shall be conducted by the municipal clerk or recorder in the presence of the municipal legislative body.] [(iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate receives a majority vote of the municipal legislative body, the vacancy shall be determined by a coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).] [(e) If the municipal legislative body does not timely comply with Subsections (1)(b) through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.] [(f) After receiving notice that a municipal legislative body has failed to timely comply with Subsections (1)(b) through (d), the lieutenant governor shall:] [(i) notify the municipal legislative body of the violation;

and]420 [(ii)Subsection direct(1)(d)(ii)(B).] [(C) If the municipalinitial legislativevote bodyresults to,in withina 30tie calendaramong daysthree afteror more candidates for first place, the daycandidates ontied whichfor first place shall be reduced to two by a coin toss conducted in accordance with Subsection (1)(d)(ii)(D), and the lieutenantsecond governorvote providesdescribed in Subsection (1)(d)(ii)(A) shall be between the noticetwo candidates that remain after the coin toss described in this Subsection (1)(f),(1)(d)(ii)(C).] appoint[(D) anA eligiblecoin individualtoss torequired fillunder this Subsection (1)(d) shall be conducted by the vacancymunicipal clerk or recorder in accordancethe withpresence Subsectionsof (1)(c)the andmunicipal (d).]legislative [(g)body.] If[(iii) If, in the municipalitysecond failsvote todescribed timelyin complySubsection with(1)(d)(ii)(A), neither candidate receives a directivemajority describedvote of the municipal legislative body, the vacancy shall be determined by a coin toss between the two candidates in accordance with Subsection (1)(f):](1)(d)(ii)(D).] -[(e) 3If -the HB0420municipal comparedlegislative body does not timely comply with HB0420S01Subsections [(i)(1)(b) through (d), the lieutenantmunicipal governorclerk or recorder shall immediately notify the lieutenant governor.] [(f) After receiving notice that a municipal legislative body has failed to timely comply with Subsections (1)(b) through (d), the lieutenant governor ofshall:] [(i) notify the municipality'smunicipal failurelegislative tobody fillof the vacancy;violation;

and] [(ii) direct the municipal legislative body to, within 30 calendar days after the day on which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).] [(g) If the municipality fails to timely comply with a directive described in Subsection (1)(f):] [(i) the lieutenant governor shall notify the governor of the municipality's failure to fill the vacancy;

(A) states that the municipal executive is resigning from office, effective immediately;- 3 - H.B.

420 Enrolled Copy immediately;

(b)(b)(i) (i) "Vacancy," subject to Subsection (1)(b)(ii), means the same as that term is defined in Section 20A-1-102.

(2) Except as otherwise provided in this section, if a vacancy occurs, or irrevocably will occur, in the office of municipal executive or member of a municipal legislative body, the municipal legislative body shall, in accordance with the requirements of this section, within 30 calendar days after the day on which the municipal legislative body receives the letter of resignation, appoint a registered voter - 4 - HB0420 compared with HB0420S01 in the municipality who meets the qualifications for office described in Section 10-3-301 to fill the unexpired term of the vacated office.

and (iii)- the4 deadline- forEnrolled submittingCopy anH.B. interested individual's name;

420 (iii) the deadline for submitting an interested individual's name;

(4)(4)(a) (a) The municipal legislative body shall take an initial vote to fill the vacancy from among the names of the candidates interviewed under Subsection (3)(d).

or (ii) {subject to Subsection (6)(c), } if, due to a tie, the municipal legislative body cannot identify only two candidates as receiving the most votes in the initial vote, take another vote between the two candidates who remain after applying the applicable method identified under Subsection (3)(e).

- 5 - HB0420 compared with HB0420S01 (c) If, in the second vote described in Subsection (4)(b), neither candidate receives a majority vote of the municipal legislative body, the vacancy shall be determined by a coin toss between the two candidates.

(5)- (a)5 If- theH.B. municipal legislative body does not timely comply with Subsections (2) through (4), the municipal clerk or recorder shall immediately notify the lieutenant governor.

420 Enrolled Copy (5)(a) If the municipal legislative body does not timely comply with Subsections (2) through (4), the municipal clerk or recorder shall immediately notify the lieutenant governor.

(6)(6)(a) (a) An individual appointed under this section to fill a vacancy in the office of municipal executive or member of a municipal legislative body shall take office on the later of:

- 6 - HB0420 compared with HB0420S01 (b) A majority vote under Subsections (3) through (5):

(c){(d)}- A6 municipal- legislativeEnrolled body,Copy orH.B. the governor, may not appoint the individual who vacated the office to fill the vacancy.

[(2)]420 (7)(d) (a) A vacancy in the office of municipal executive or member of a municipal legislative bodybody, shallor bethe filledgovernor, bymay annot interimappoint appointment,the followedindividual bywho anvacated electionthe office to fill athe two-yearvacancy. term, if:

[(2)] (7)(a) A vacancy in the office of municipal executive or member of a municipal legislative body shall be filled by an interim appointment, followed by an election to fill a two-year term, if:

[(3)] (8)(8)(a) (a) In a municipality operating under the council-mayor form of government, as defined in Section 10-3b-102:

and (ii) if a vacancy in the office of mayor occurs before [the effective date of an appointment under Subsection (1) or (2)] the vacancy is filled under Subsection (6)(a), to fill the vacancy, the remaining council members, by majority vote, shall appoint a council member to serve as - 7 - HB0420 compared with HB0420S01 acting mayor during the time between the creation of the vacancy and the effective date of the appointment to fill the vacancy.

[(4)] (9)(9)(a)[(i)] (a) [(i)] For a vacancy of a member of a municipal legislative body as described in this section, the municipal legislative body member whose resignation creates the vacancy on the municipal legislative body may:

[(A)] (i) interview an individual whose name is submitted for consideration under Subsection- [(1)(c)(iv)7 or- (2)(b)(ii)]H.B. (3)(d) or (7)(b)(ii);