(1.5) Except as provided in section 1-4-104.5, if the only matter before the electors in a nonpartisan election is the election
of persons to office and if, at the close of business on the sixty-third day before
the election, there are not more candidates than offices to be filled at the election,
including candidates filing affidavits of intent, the designated election official,
if instructed by resolution of the governing body, shall cancel the election and declare
the candidates elected.
(2) Except for initiative and recall elections, no later than twenty-five days before
an election conducted as a coordinated election in November, and at any time prior
to any other elections, a governing body may by resolution withdraw one or more ballot
issues or ballot questions from the ballot. The ballot issues and ballot questions shall be deemed to have not been submitted
and votes cast on the ballot issues and ballot questions shall either not be counted
or shall be deemed invalid by action of the governing body.
(3) If the electors are to consider the election of persons to office and ballot issues
or ballot questions, the election may be canceled by the governing body only in the
event that all of the conditions of subsection (1.5) of this section exist and that
all ballot issues or ballot questions have been withdrawn from the ballot pursuant
to subsection (2) of this section.
(4) Except as provided in subsection (2) of this section, no election may be canceled
(5) Unless otherwise provided by an intergovernmental agreement pursuant to section 1-7-116, upon receipt of an invoice, the governing body shall within thirty days promptly
pay all costs accrued by the county clerk and recorder and any coordinating political
subdivision attributable to the canceled election or withdrawn ballot issues or ballot
(6) The governing body shall provide notice by publication of the cancellation of
the election. A copy of the notice must be posted in the office of the designated election official
and in the office of the clerk and recorder for each county in which the political
subdivision is located and, for special districts, a copy of the notice must be filed
in the office of the division of local government. The governing body shall also notify the candidates that the election was canceled
and that they were elected by acclamation.
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