UtahUtah councils fill vacant offices through public votes and tie-breaks
Utah councils must disclose their votes when choosing replacements for vacant offices, and cannot appoint the person who left to fill that vacancy.
What it does
Municipal councils must choose a qualified replacement within 30 days after receiving a resignation letter. They can act before the official leaves; some appointments last only until an election.
Councils must reveal each member's vote and choose fair rules for narrowing tied candidates. A coin toss decides a deadlock between finalists unless an authorized mayor can break it.
The person who left a municipal executive or council office cannot be appointed to fill that same vacancy, whether the council or governor makes the appointment.
Argument forPublic votes and tie-breaking rules chosen ahead of time could help residents understand how their council selects a replacement.
Argument againstRandom selection could eliminate a qualified applicant or decide who takes office when council members cannot agree.
More detail
Municipal councils must appoint a qualified local registered voter within 30 calendar days after receiving a resignation letter, unless another rule in this section applies. The rules cover municipal executive and council offices, including an upcoming vacancy under a resignation that cannot be withdrawn. Councils must give at least 14 calendar days of public notice and interview each qualified applicant in an open meeting. An interim appointment followed by an election for a two-year term applies if the vacancy occurs, or the municipal executive receives a resignation letter, at least 14 calendar days before the election filing deadline in an odd-numbered year. Two years of the term must remain after the first Monday of January following the next municipal election. If the council fails to follow the required steps on time, the lieutenant governor must direct it to appoint someone within another 30 calendar days. Continued failure requires the governor to solicit candidates and appoint someone within 45 calendar days after receiving notice. The law took effect May 6, 2026. Generally, appointees start the day after appointment or the day after the vacancy occurs, whichever is later. In council-mayor governments, a mayor's replacement may start on the resignation's effective date.
Councils must immediately disclose how each member voted and adopt fair rules for randomly narrowing tied candidates before interviewing applicants. The rules cover council votes to fill municipal offices. The clerk or recorder conducts random tie-breaks at a public meeting with the council present. Random selection gives tied candidates equal chances of elimination. It narrows a tie among three or more candidates to two, or a tie for second place to one. If nobody wins a majority in the first vote, the council votes between two finalists. If neither wins a majority in the second vote, a coin toss decides the appointment. Random tie-breaks do not apply when a mayor has legal authority to break the tie, unless that mayor is seeking and being considered for the vacancy. Councils must adopt the random selection method before the meeting where they interview applicants.
Municipal councils and the governor may not appoint the person who left an office to fill that vacancy. The restriction covers vacant municipal executive and council offices.
Where do you stand?
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Governor Spencer Cox SignedBecame Law
- Mar 16House/ to GovernorTo Governor
- Mar 16House/ received enrolled bill from PrintingMinor
- Mar 12House/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Mar 7Draft of Enrolled Bill Prepared
- Mar 7Bill Received from House for EnrollingMinor
- Mar 6House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 6House/ received from SenateMinor
- Mar 6Senate/ to House
- Mar 6Senate/ signed by President/ returned to HouseMajor
- Mar 6Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 6Senate/ uncircled
- Mar 6Senate/ circled
- Mar 6Senate/ 2nd & 3rd readings/ suspensionMinor
- Mar 6Senate/ Rules to 2nd Reading Calendar
- Mar 5Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]Minor
- Feb 27Senate/ placed on 2nd Reading Calendar
- Feb 27Senate/ committee report favorable [Senate Government Operations and Political Subdivisions Committee]Minor
- Feb 27Senate Comm - Favorable Recommendation [Senate Government Operations and Political Subdivisions Committee]Minor
- Feb 25Senate/ to standing committee [Senate Government Operations and Political Subdivisions Committee]Minor
- Feb 24Senate/ 1st reading (Introduced)Minor
- Feb 23Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 23House/ to Senate
- Feb 23House/ passed 3rd readingPassed House
- Feb 23House/ 3rd readingMinor
- Feb 17House/ 2nd readingMinor
- Feb 17House/ comm rpt/ substituted [House Political Subdivisions Committee]
- Feb 16LFA/ fiscal note publicly available for HB0420S01
- Feb 16LFA/ fiscal note sent to sponsor for HB0420S01
- Feb 13House Comm - Favorable Recommendation [House Political Subdivisions Committee]Minor
- Feb 13House Comm - Substitute Recommendation [House Political Subdivisions Committee]Major
- Feb 12LFA/ bill sent to agencies for fiscal input for HB0420S01
- Feb 12LFA/ bill assigned to staff for fiscal analysis for HB0420S01
- Feb 5House/ to standing committee [House Political Subdivisions Committee]Minor
- Feb 2House/ received fiscal note from Fiscal AnalystMinor
- Jan 30LFA/ fiscal note publicly available for HB0420
- Jan 30LFA/ fiscal note sent to sponsor for HB0420
- Jan 29House/ 1st reading (Introduced)Minor
- Jan 29House/ received bill from Legislative ResearchMinor
- Jan 28LFA/ bill sent to agencies for fiscal input for HB0420
- Jan 28LFA/ bill assigned to staff for fiscal analysis for HB0420
- Jan 28Numbered Bill Publicly Distributed
- Jan 28Bill Numbered but not DistributedIntroduced
Government & Ethics