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15
20A-1-510
0
Municipal Office Vacancy Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: Karen Kwan
LONG TITLE
General Description:
This bill modifies the process for filling a vacancy in a municipal office.
Highlighted Provisions:
This bill:
defines terms;
modifies the process for filling a vacancy in a municipal office and for breaking ties in the
voting of a municipal legislative body; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-510
, as last amended by Laws of Utah 2025, Chapters 90, 448
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-510
is amended to read:
20A-1-510
. Midterm vacancies in municipal offices.
(1)
(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; 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
(C)
the deadline for submitting an interested individual's name; 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)
(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)
(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)(ii)(B)
.
(C)
If the 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
(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; and
(ii)
the governor shall, within 45 calendar days after the day on which the governor
receives the notice described in Subsection
(1)(g)(i)
, provide public notice
soliciting candidates to fill the vacancy in accordance with Subsection
(1)(c)
and
appoint an individual to fill the vacancy.
(1)
As used in this section:
(a)
"Letter of resignation" means:
(i)
a letter submitted to a municipal legislative body by a municipal executive, that:
(A)
states that the municipal executive is resigning from office, effective
immediately; or
(B)
specifies a future date on which the municipal executive is resigning from
office, and states that the letter of resignation is irrevocable; or
(ii)
a letter submitted to a municipal legislative body by a member of the municipal
legislative body, that:
(A)
states that the member is resigning from office, effective immediately; or
(B)
specifies a future date on which the member is resigning from office, and
states that the letter of resignation is irrevocable.
(b)
(i)
"Vacancy," subject to Subsection
(1)(b)(ii)
, means the same as that term is
defined in Section
20A-1-102
.
(ii)
"Vacancy," if due to a resignation, occurs on:
(A)
for a municipal executive:
(I)
the day on which the municipal executive submits a letter described in
Subsection
(1)(a)(i)(A)
; or
(II)
the future date specified in a letter described in Subsection
(1)(a)(i)(B)
; or
(B)
for a member of a municipal legislative body:
(I)
the day on which the member submits a letter described in Subsection
(1)(a)(ii)(A)
; or
(II)
the future date specified in a letter described in Subsection
(1)(a)(ii)(B)
.
(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 in the municipality who meets the
qualifications for office described in Section
10-3-301
to fill the unexpired term of the
vacated office.
(3)
Before acting to fill a vacancy in a municipal office, the municipal legislative body shall:
(a)
immediately notify the municipal recorder or clerk of the vacancy;
(b)
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;
(c)
identify, in the notice:
(i)
the date, time, and place of the meeting where the vacancy will be filled;
(ii)
the person to whom an individual interested in being appointed to fill the vacancy
may submit the interested individual's name for consideration; and
(iii)
the deadline for submitting an interested individual's name;
(d)
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; and
(e)
subject to Subsection
(6)(c)
, before the meeting described in Subsection
(3)(d)
, pass
a resolution or ordinance identifying a fair and transparent method that the municipal
body will use:
(i)
in the event of a tie between three or more candidates, to eliminate candidates, by
lot, where each tied candidate has an equal chance of elimination, until only two
candidates remain; or
(ii)
in the event that one candidate receives the most votes, but not a majority of the
votes, and two or more candidates tie for receiving the second most votes, to
eliminate candidates tied for receiving the second most votes, by lot, where each
tied candidate has an equal chance of elimination, until only one of the tied
candidates remains.
(4)
(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)
.
(b)
If no candidate receives a majority vote of the municipal legislative body in the
initial vote described in Subsection
(4)(a)
, the municipal legislative body shall:
(i)
take another vote between the two candidates who received the most votes in the
initial vote; or
(ii)
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)
.
(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.
(d)
The breaking of a tie by lot under Subsection
(4)(b)(ii)
, or by coin toss under
Subsection
(4)(c)
, shall be conducted by the municipal clerk or recorder, at a public
meeting, in the presence of the municipal legislative body.
(e)
A vote taken by a municipal legislative body under this section shall:
(i)
be immediately disclosed to the public; and
(ii)
disclose how each member voted.
(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.
(b)
After receiving notice that a municipal legislative body has failed to timely comply
with Subsections
(2)
through
(4)
, the lieutenant governor shall:
(i)
notify the municipal legislative body of the failure; 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
(5)(b)
, appoint an eligible individual to fill the vacancy in accordance with
Subsections
(3)
and (4).
(c)
If the municipality fails to timely comply with a directive described in Subsection
(5)(b)
:
(i)
the lieutenant governor shall notify the governor of the municipality's failure to
timely fill the vacancy; and
(ii)
the governor shall, within 45 calendar days after the day on which the governor
receives the notice described in Subsection
(5)(c)(i)
:
(A)
provide public notice soliciting candidates to fill the vacancy in accordance
with Subsections
(3)(b)
and
(c)
; and
(B)
appoint an individual to fill the vacancy.
(6)
(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:
(i)
the day after the individual is appointed; or
(ii)
the day after the day on which the vacancy occurs.
(b)
A majority vote under Subsections
(3)
through
(5)
:
(i)
means a majority of the members currently serving on the municipal legislative
body;
(ii)
includes a member described in Subsection
(1)(a)(ii)(B)
if the vote is taken before
the date of vacancy specified in the letter; and
(iii)
includes the mayor, if the mayor has legal authority under Subsection
10-3b-302(1)
to break a tie, unless the mayor seeks, and is under consideration, to
fill the vacancy.
(c)
The tie breaking provisions that are conducted by coin toss or lot under this section
do not apply if the tie can be broken under Subsection
(6)(b)(iii)
.
(d)
A municipal legislative body, or the governor, may not appoint the individual who
vacated the office to fill the vacancy.
(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:
(i)
the vacancy occurs, or a letter of resignation is received, by the municipal
executive at least 14 calendar days before the deadline for filing for election in an
odd-numbered year; and
(ii)
two years of the vacated term will remain after the first Monday of January
following the next municipal election.
(b)
In appointing an interim replacement, the municipal legislative body shall:
(i)
comply with the notice requirements of this section; and
(ii)
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.
(3)
(8)
(a)
In a municipality operating under the council-mayor form of government, as
defined in Section
10-3b-102
:
(i)
the council may appoint an individual to fill a vacancy in the office of mayor
before the effective date of the mayor's resignation by making the effective date of
the appointment the same as the effective date of the mayor's resignation; 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 acting mayor during the time between the
creation of the vacancy and the effective date of the appointment to fill the
vacancy.
(b)
A council member serving as acting mayor under Subsection
(3)(a)(ii)
(8)(a)(ii)
continues to:
(i)
act as a council member; and
(ii)
vote at council meetings.
(4)
(9)
(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)
or
(2)(b)(ii)
(3)(d) or
(7)(b)(ii)
; and
(B)
(ii)
vote on the appointment of an individual to fill the vacancy.
(ii)
(b)
Notwithstanding Subsection
(4)(a)(i)
(9)(a)
, a member of a legislative body
who is removed from office in accordance with state law may not cast a vote under
Subsection
(4)(a)(i)
(9)(a)
.
(b)
(c)
A member of a municipal legislative body who submits
his or her
the member's
resignation to the municipal legislative body may not rescind the resignation.
(c)
(d)
A member of a municipal legislative body may not vote on an appointment
under this section for
himself or herself
that member
to fill a vacancy in the
municipal legislative body.
(5)
(10)
In a municipality operating under the council-mayor form of government, the
mayor may not:
(a)
participate in the vote to fill a vacancy;
(b)
veto a decision of the council to fill a vacancy; or
(c)
vote in the case of a tie.
(6)
(11)
A mayor whose resignation from the municipal legislative body is due to election
or appointment as mayor may, in the case of a tie, participate in the vote under this
section.
(7)
(12)
A municipal legislative body may, consistent with the provisions of state law,
adopt procedures governing the appointment, interview, and voting process for filling
vacancies in municipal offices.
(8)
(13)
(a)
Except as provided in Subsection
(8)(b)
(13)(b)
, an individual seeking
appointment to fill a vacancy under this section shall, no later than the deadline for
the individual to file a campaign finance statement under Section
10-3-208
:
(i)
complete a conflict of interest disclosure statement in accordance with Section
10-3-301.5
; and
(ii)
submit the conflict of interest disclosure statement to the municipal legislative
body and the municipal clerk or recorder.
(b)
An individual described in Subsection
(8)(a)
(13)(a)
is not required to comply with
Subsection
(8)(a)
(13)(a)
if the individual:
(i)
currently holds an office described in Subsection
(1)(b)
(2)
;
(ii)
already, that same year, filed a conflict of interest disclosure statement for the
office described in Subsection
(8)(b)(i)
(13)(b)(i)
, in accordance with Section
10-3-1313
; and
(iii)
no later than the deadline described in Subsection
(8)(a)
(13)(a)
, indicates, in a
written notice submitted to the municipal clerk or recorder, that the conflict of
interest disclosure statement described in Subsection
(8)(b)(ii)
(13)(b)(ii)
is
updated and accurate as of the date of the written notice.
(9)
(14)
(a)
The municipal clerk or recorder shall make each conflict of interest
disclosure statement made by an individual described in Subsection
(8)(a)
(13)(a)
available for public inspection by posting an electronic copy of the statement on:
(i)
the municipality's website; or
(ii)
if the municipality does not have a website, on the website of the county in which
the municipality is located.
(b)
The municipal clerk or recorder shall:
(i)
post the electronic statement described in Subsection
(9)(a)
(14)(a)
no later than
two business days after the day on which the municipal recorder or clerk receives
the statement; and
(ii)
ensure that the electronic statement remains posted on the website described in
Subsection
(9)
(a)
(14)(a)
for at least 10 calendar days after the day on which the
municipal legislative body appoints an individual to fill the vacancy.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 9:57 AM