2.14.010 Definitions
2.14.020 Terms Of Office
2.14.030 Election Of Officers
2.14.040 Primary Elections
2.14.050 Declaration Of Candidacy Requirements
2.14.060 Write-In Candidates
2.14.070 Certification Of Candidates - Objection To Candidates
2.14.080 Campaign Signs
2.14.090 Tie Votes
2.14.100 Eligibility And Residency Required After Election
2.14.110 Campaign Finance Disclosure
2.14.120 Adoption Of State Code By Reference

For the purpose of this chapter, the terms identified below shall have the following meanings:

"Agent of a candidate" means:

  1. Any individual acting on behalf of a candidate at the direction of the reporting entity;
  2. Any individual employed by a candidate in the candidate's capacity as a candidate;
  3. The personal campaign committee of a candidate
  4. Any member of the personal campaign committee of a candidate in the member's capacity as a member of the personal campaign committee of the candidate; or
  5. A political consultant of a candidate.

"Anonymous contribution limit" means for each calendar year: a total amount of fifty dollars ($50.00) and is from unknow sources.

"Candidate" means an individual who files a declaration of candidacy for municipal office or who receives contributions, makes expenditures, or gives consent for any other individual to receive contributions or to make expenditures to bring about the individual's election to a municipal office.

“Candidate” does not include an individual who filed for the office of judge.

“Contribution” means:

  1. A monetary contribution;
  2. A gift, subscription, donation, loan, advance, or anything of value given to a candidate;
  3. A contract, promise or agreement to make a gift, subscription, donation, loan, advance, or deposit of money or anything of value to the candidate;
  4. Any transfer of funds from another reporting entity to the candidate;
  5. Compensation paid by any individual or reporting entity, other than the candidate, for personal services provided without charge to the candidate;
  6. A loan made by a candidate deposited to the candidate’s own campaign; or
  7. Any in-kind contribution.

A “contribution” does not include:

  1. Services provided by an individual volunteering the individual’s time on behalf of the candidate if the services are provided without compensation by the candidate, an agent of the candidate, or any other person;
  2. Money lent to the candidate by a financial institution in the ordinary course of business; or
  3. Goods or services provided for the benefit of a candidate at less than fair market value that were not authorized by or coordinated with the candidate or an agent of the candidate.

“Coordinating with the candidate” means providing services or goods for the benefit of a candidate or using official logos, slogans, or elements belonging to or owned by the candidate, with the prior knowledge or agreement of the candidate or an agent of the candidate.

“Expenditure” means:

  1. Any disbursement from a campaign account in a financial institution of contributions or receipts;
  2. A purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
  3. 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 a political purpose;
  4. Compensation paid by a candidate or an agent of the candidate for personal services rendered by an individual without charge to a reporting entity;
  5. Transfer of funds between the candidate and a candidate's personal campaign committee as defined in Section 20A-11-101 or
  6. Goods or services provided by a reporting entity for the benefit of the candidate for political purposes at less than fair market value.

“Expenditure” does not include

  1. services provided without compensation by an individual volunteering the individual’s time on behalf of the candidate; or
  2. money lent to a candidate by a financial institution in the ordinary course of business.

“In-kind contribution” means anything of value other than money that is accepted by the candidate, an agent of the candidate, or through coordinating with the candidate. “Monetary contribution” means a contribution given to a candidate or an agent of the candidate of any money or credit made in cash, check, or any electronic transfer.

“Political consultant” means an individual who is paid by a candidate, or paid by another person on behalf of and with the knowledge of the candidate, to provide political advice to the candidate and includes individuals who:

  1. Have already been paid with money or other consideration;
  2. Expects to be paid in the future with money or other consideration; or
  3. Understands that they may be paid in the future, with money or other consideration, at the discretion of the candidate, or another person on behalf of and with the knowledge of the candidate.

“Political purposes” means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any individual to refrain from voting or to vote for or against any candidate or an individual seeking a municipal office at any caucus, political convention, or election. "Reporting date" means ten days before a municipal primary or general election, for a campaign finance statement required to be filed no later than seven days before a municipal primary or general election; and the day of filing, for a campaign finance statement required to be filed no later than 30 days after a municipal primary or general election. “Reporting entity” means:

  1. A candidate;
  2. A committee appointed by a candidate to act for the candidate.

"Reporting limit" means $50.00.

"Write-in candidate" means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this chapter.

HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
  1. A municipal general election shall be held in Vineyard City on the first Tuesday after the first Monday in November of each odd-numbered year. At the municipal general election, the voters shall:
    1. Choose individuals to serve as municipal officers to fill all elective offices vacated by 12:00 noon on the first Monday in January following the election; and
    2. Approve or reject any proposed initiatives or referenda that have qualified for the ballot as provided by law and any other ballot propositions submitted to the voters that are authorized by the Utah Code.
  2. The officers elected shall continue in the office to which they were elected for four (4) years except in case of death, resignation, removal, or disqualification from office. The officers so elected shall begin their term of office at 12:00 noon on the first Monday in January following their election.
HISTORY
Adopted by Ord. 2021-10 on 8/11/2021

The election and terms of office shall be as follows:

  1. In the year following a year in which a presidential election is held, the offices of mayor and two (2) councilmembers shall be filled a municipal general election. Their terms shall be for four (4) years.
  2. In the year preceding a year in which a presidential election is held, the offices of the other two (2) councilmembers shall be filled in a municipal general election. Their terms shall be for four (4) years.
  3. The officers shall be elected in at-large elections which are held at the time and in the manner provided for electing municipal officers.
  4. On or before May 1st in a year in which there is a municipal general election, the city recorder shall publish a notice identifying the municipal offices to be voted upon in the general municipal election which satisfies the requirements of § 10-3-301, Utah Code (1953, as amended).
HISTORY
Adopted by Ord. 2021-10 on 8/11/2021

Except for elections conducted while Vineyard participates in the State’s Municipal Alternate Voting Methods Pilot Project, Vineyard shall utilize the primary election procedure established by §20A-9-404 and §20A-1-201.5 Utah Code (1953, as amended), as the procedure to establish candidates for municipal offices if the number of candidates for any particular city office exceeds twice the number of individuals needed to fill that office. Vineyard City shall not conduct a primary election for elections conducted while the City participates in the State’s Municipal Alternate Voting Methods Pilot Project.

HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
Amended by Ord. 2023-21 on 5/24/2023
  1. Each individual seeking to become a candidate for municipal office shall file a declaration of candidacy, which complies with the requirements described in § 20A-9-203 of the Utah Code (1953, as amended), with the city recorder during office hours and not later than 5:00 p.m. between June 1st and June 7th of any odd-numbered year. When June 7th is a Saturday, Sunday, or holiday, the filing time shall be extended until 5:00 p.m. on the following business day. The declaration of candidacy shall be filed in person by the individual seeking to be a candidate, or by the individual’s agent, provided the requirements of § 20A-9-203(5), Utah Code (1953, as amended), are properly satisfied.
  2. Before filing a declaration of candidacy for election to any city office, an individual shall:
    1. Be a registered voter;
    2. Have resided within the boundaries of Vineyard City for at least twelve (12) consecutive months immediately preceding the date of the election. In the case of annexation by Vineyard City, any individual who has resided in the territory annexed for the prescribed twelve (12) month period is deemed to meet the residence requirements for candidacy in Vineyard City;
    3. Not have had their right to hold public office restricted pursuant to Article IV, Section 6 of the Utah Constitution or they shall have had their right to hold elective office restored pursuant to §20A-2-101.3 and §20A-2-101.5, Utah Code (1953, as amended).
  3. An individual seeking to file a declaration of candidacy may not:
    1. Be a candidate for more than one (1) office in the state of Utah during any election year; or
    2. Be a current employee of Vineyard City.
  4. Before accepting any declaration of candidacy, the filing officer shall:
    1. Read to the prospective candidate the constitutional and statutory qualification requirements for the office that the candidate is seeking; and
    2. Require the candidate to state whether or not the candidate meets those requirements.
  5. If the prospective candidate states that they do not meet the qualification requirements for the office, the filing officer may not accept the prospective candidate’s declaration of candidacy.
  6. If the candidate states that they meet the requirements of candidacy, the filing officer shall:
    1. Accept the candidate’s declaration of candidacy;
    2. Inform the candidate that their name will appear on the ballot as the their name is written on the declaration of candidacy.
    3. Provide a certified copy of the declaration of candidacy to the Lieutenant Governor's Office;
    4. Provide the candidate with a copy of the pledge of fair campaign practices described under § 20A-9-206, Utah Code (1953, as amended), and inform the candidate that signing the pledge is voluntary and that signed pledges shall be filed with the city for public inspection; and
    5. If the candidate elects to sign the pledge of fair campaign practices, the filing officer shall accept the candidate’s pledge.
  7. The form of the declaration of candidacy shall be as established by § 20A-9-203, Utah Code (1953, as amended).
  8. The candidate shall pay the filing fee listed in the Vineyard Consolidated Fee Schedule (as amended).
  9. Any resident of Vineyard may nominate a candidate for a city office by filing a nomination petition with the city recorder during office hours but not later than 5:00 p.m. between June 1st and June 7th of any odd-numbered year. When June 7th is a Saturday, Sunday, or holiday, the filing time shall be extended until 5:00 p.m. on the following business day.
    1. The nomination petition must be signed by twenty-five (25) registered voters who reside in Vineyard City.
    2. The form of the nomination petition shall be as established by § 20A-9-203, Utah Code (1953, as amended).
HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
  1. Each individual wishing to become a valid write-in candidate shall file a declaration of candidacy with the city recorder not later than sixty-five (65) days before the regular municipal general election. If the filing deadline falls on a weekend or holiday, it shall be extended to the next regular business day.
  2. The city recorder shall:
    1. Read to the candidate the constitutional and statutory requirements for the office as required in Section 2.14.050 of this chapter; and
    2. Ask the candidate whether or not the candidate meets the requirements. If the candidate cannot meet the requirements of office, the filing officer may not accept the write-in candidate’s declaration of candidacy.
  3. A voter may cast a write-in vote by entering the name of a valid write-in candidate on a paper ballot or ballot sheet or in the areas designated on any other form of ballot provided.

HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
  1. The city recorder shall verify with the county clerk that all candidates are registered voters. Any candidate who is not registered to vote is disqualified and the recorder may not include the candidate’s name on the ballot.
  2. Immediately after expiration of the period for filing a declaration of candidacy, the city recorder shall:
    1. publicize a list of the names of the candidates as they will appear on the ballot:
        1. by publishing the list in at least two successive publications of a newspaper of general circulation in the municipality;
        2. by posting one copy of the list, and at least one additional copy of the list per 2,000 population of the municipality, in places within the municipality that are most likely to give notice to the voters in the municipality, subject to a maximum of 10 lists; or
        3. by mailing the list to each registered voter in the municipality;
      1. by posting the list on the Utah Public Notice Website, created in Section 63A-16-601, for seven days; and
      2. if the municipality has a website, by posting the list on the municipality's website for seven days; and
    2. notify the lieutenant governor of the names of the candidates as they will appear on the ballot.
  3. A declaration of candidacy or nomination petition is valid unless a written objection is filed with the city recorder within ten (10) days after the last day for filing. If an objection is made, the city recorder shall:
    1. Mail or personally deliver notice of the objection to the affected candidate immediately; and
    2. Decide any objection within forty-eight (48) hours after it is filed.
  4. If the city recorder sustains the objection, the candidate may correct the problem by amending the declaration or petition within three (3) days after the objection is sustained or by filing a new declaration within three (3) days after the objection is sustained.
  5. The city recorder’s decision on an objection to form is final. Challenges to the city recorder’s decision on substantive matters shall be made pursuant to § 20-9-203, Utah Code (1953, as amended).

HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
  1. No candidate for any public office, including city, county, state, or federal offices or the offices of any other political subdivision of the state or federal government, may place campaign signs or materials on Vineyard City property except for residents who wish to display signs on their privately maintained park strips.
    This section shall in no way be interpreted as prohibiting any candidate or citizen from engaging in political speech in public or in displaying such materials on private property.
  2. Campaign signs shall follow the regulations listed in the Vineyard Zoning Code Chapter 15.48 Signs, except that residents may display campaign signs on their privately maintained park strips.
  3. A temporary sign permit must be obtained according to Vineyard Zoning Code Section 15.48.060 Temporary Sign Standards.
  4. Pursuant to §20A-17-102, Utah Code (2014, as amended). Campaign signs:
    1. Except as provided in Subsection (2), a person is guilty of a class B misdemeanor if the person knowingly removes, alters, defaces, or otherwise vandalizes a sign:
      1. advocating the election or defeat of a candidate for public office; or
      2. advocating the approval or defeat of a ballot proposition.
    2. A person is not guilty of a violation of Subsection (1) if the person who engages in the conduct described in Subsection (1) is:
      1. as it relates to a sign described in Subsection (1)(a), the candidate or an agent of the candidate;
      2. as it relates to a sign described in Subsection (1)(b), the person who placed the sign, the person who directed the placement of the sign, or an agent of either;
      3. a property owner of property on which the sign is placed or the property owner's agent; or
      4. a public official who removes the sign in accordance with an official duty of the public official.
HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
Amended by Ord. 2023-28 on 8/30/2023
  1. If two (2) or more candidates for a position have an equal and the highest number of votes for any office, the election officer shall determine by lot which candidate is selected in a public meeting in the presence of each individual subject to the tie within thirty (30) days of the canvass or within thirty (30) days of the recount if one (1) is requested or held.
  2. For any primary election, if two (2) or more candidates for a position have an equal and the highest number of votes for any office, the election officer shall determine by lot which candidate is selected in a public meeting in the presence of each individual subject to the tie within five (5) days of the canvass or within five (5) days of the recount if one (1) is requested or held.
HISTORY
Adopted by Ord. 2021-10 on 8/11/2021

Each elected Vineyard City officer shall maintain residency within the boundaries of Vineyard City during their term of office. If an elected officer established their place of residence, as provided in § 20-2-14, Utah Code (1953, as amended), outside the boundaries of Vineyard City during their term of office, the office is automatically vacant. If an elected Vineyard City officer is absent from Vineyard City any time during their term of office for a continuous period of more than sixty (60) days without the consent of the city council, the office is automatically vacant.

HISTORY
Adopted by Ord. 2021-10 on 8/11/2021
  1. Deposit of Monetary Contributions. Each Candidate:
    1. Shall deposit a monetary contribution in a separate campaign account in a financial institution; and
    2. May not deposit or mingle any monetary contributions received into a personal or business account.
  2. Anonymous Contributions. Within thirty (30) days of receiving a contribution that exceeds the anonymous contributions limit, a candidate shall disburse the amount of the anonymous contribution to either:
    1. The Utah State Treasurer for deposit into the state’s general fund;
    2. The Vineyard City Recorder for deposit into the city’s general fund; or
    3. An organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code

    1. In a year in which a municipal primary is held, each candidate who will participate in the municipal primary shall file a campaign finance statement with the city recorder no later than seven (7) days before the primary election.
    2. Each candidate for Vineyard City municipal office who is not eliminated at a municipal primary election shall file with the city recorder a campaign finance statement as described in this chapter: 
      1. no later than 28 days before the municipal general election is held;
      2. no later than seven (7) days before the municipal general election is held; and 
      3. 30 days after the day on which the municipal general election is held.
    3. Each candidate for municipal office, 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 municipal primary election is held.
    4. If no primary election is held for a race, each candidate who will participate in that race shall file a campaign finance statement with the city recorder no later than:
      1. 28 days before the day on which the municipal general election is held;
      2. seven days before the day on which the general election is held; and
      3. 30 days after the day on which the municipal general election is held.
  3. Each campaign finance statement under Part C shall, :
    1. Except as provided in Subsection D(2),
      1. report all of the candidate's itemized and total:
        1. campaign contributions, including in-kind and other nonmonetary contributions, five days before the campaign finance statement is due, excluding an expenditure previously reported; a contribution previously reported ; and
        2. campaign expenditures made up to and including five days before the campaign finance statement is due, excluding the expenditure previously reported and
      2. identify:
        1. for each contribution, the amount of the contribution and the name of the donor, if known; and
        2. the aggregate total of all contributions that individually do not exceed the reporting limit; and
        3. for each campaign expenditure, the amount of the expenditure and the name of the recipient of the expenditure; or
      3. report the total amount of all campaign contributions and expenditures if the candidate receives $500 or less in campaign contributions and spends $500 or less on the candidate's campaign.
  4. The city recorder shall, at the time the candidate for municipal office files a declaration of candidacy and again 35 days before each municipal general election, notify the candidate in writing of:
    1. the provisions of this Section governing the disclosure of campaign contributions and expenditures;
    2. the dates when the candidate's campaign finance statement is required to be filed; and
    3. 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.
  5. Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, the city recorder shall:
    1. make each campaign finance statement filed by a candidate available for public inspection and copying no later than one business day after the statement is filed; and
    2. make the campaign finance statement available for public inspection by:
      1. posting an electronic copy on the city's website no later than seven business days after the statement is file; and
      2. verifying that the address of the municipality's website has been provided to the lieutenant governor in order to meet the requirements of Utah Code Subsection 20A-11-103(5); or
      3. submitting a copy of the statement to the lieutenant governor for posting on the website established by the lieutenant governor under Utah Code Subsection 20A-11-103 no later that two business days after the statement is filed.

    1. If a candidate fails to timely file a campaign finance statement required under Sections (C) or (D) the city recorder:
      1. may send an electronic notice to the candidate that states:
        1. that the candidate failed to timely file the campaign finance statement; and
        2. that, if the candidate fails to file the report within 24 hours after the deadline for filing the report, the candidate will be disqualified; and
      2. may impose a fine of $50 on the candidate.
    2. The city recorder disqualify a candidate and inform the appropriate election official that the candidate is disqualified if the candidate fails to file a campaign finance statement described in Section C within 24 hours after the deadline for filing the report.
    3. If a candidate is disqualified under Subsection I(2), the election official:
      1. Shall:
        1. notify the opposing candidate(s) for the municipal office that the candidate is disqualified;
        2. send an email notification to each voter who is eligible to vote in the municipal election office race for whom the election official has an email address informing the voter that the candidate is disqualified and that votes cast for the candidate will not be counted;
        3. post notice of the disqualification on the city's website; and
        4. if practicable, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to voters;
      2. may not count any votes for that candidate. 
    4. An election official may fulfill the requirements described in Subsection I(3)(c) in relation to a mailed ballot, including a military overseas ballot, by including with the ballot a written notice"
      1. informing the voter that the candidate is disqualified; or
      2. directing the voter to the city's website to inform the voter whether a candidate on the ballot is disqualified.
  6. Notwithstanding Part H.1, a candidate who timely files each campaign finance statement required under Section C is not disqualified if:
    1. the statement details accurately and completely the information required under Section D, except for inadvertent omissions or insignificant errors or inaccuracies; and
    2. the omissions, errors, or inaccuracies are corrected in an amended report or in the next scheduled report.
  7. A campaign finance statement required under this section is considered filed if it is received in the city recorder's office by 5 p.m. on the date that is it due.
  8. In addition to the other penalties established herein, any candidate who fails to comply with the requirements of this section is guilty of an infraction.

    1. A private party in interest may bring a civil action in district court to enforce the provisions of this section.
    2. In a civil action under Part J.1, the court may award costs and attorney's fees to the prevailing party.
HISTORY
Adopted by Ord. 2015-08 on 6/10/2015
Amended by Ord. 2021-10 on 8/11/2021
Amended by Ord. 2023-21 on 5/24/2023

All provisions of the Utah State Election Code, as contained in § 20A-1-101 et seq., Utah Code (1953, as amended), which pertain to municipal elections, are adopted and incorporated by reference.

HISTORY
Adopted by Ord. 2021-10 on 8/11/2021