Bills / H.B. 420
H.B. 420 Municipal Office Vacancy Modifications
- Introduced
- House committee
- House vote
- Senate committee
- Senate vote
- Signed into law
What this bill does
This bill would require municipalities to fill a tie in a vacancy involving three or more candidates by drawing lots, instead of repeated coin tosses. Coin tosses would still be allowed when a tie involves only two candidates.
Plain-English summary written by AI from the official description. Check the official text below.
Official description
- 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
- makes technical and conforming changes
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Every vote
- 10 yes, 0 no, 2 absentHouse Political Subdivisions Committee: vote to change the bill · Feb 13, 2026Who voted how
- 10 yes, 0 no, 2 absentHouse Political Subdivisions Committee: vote to approve it · Feb 13, 2026Who voted how
- 58 yes, 9 no, 8 absentFinal House vote · Feb 23, 2026Who voted how
- 5 yes, 0 no, 2 absentSenate Government Operations and Political Subdivisions Committee: vote to approve it · Feb 26, 2026Who voted how
- 27 yes, 0 no, 2 absentFinal Senate vote · Mar 6, 2026Who voted how
Hearings and debates
- Feb 13, 2026 House Political Subdivisions Committee▶ Watch
Transcript (25 turns)
- Committee chair40:35
Thank you. Okay, we'll go to item number three, house bill four 20, municipal office vacancy modifications. Welcome Representative Studdard.
- Rep. Andrew Stoddard40:45
Thank you chair and committee members. Uh, this is the first time I've presented in this committee and it's an honor to be here. Um, but I'm sorry to let you down because HB four 20 is not a marijuana bill. It deals with municipal vacancies. I know. Yeah. It is boring. So, uh, if you're looking at this and thinking, this bill sounds really familiar. Last year we passed a bill that was almost identical, uh, that had the phrase game of chance in it. So apparently that specific phrase, game of chance runs afoul of Indian gaming law. And so because of that, the Attorney General's office, the governor's office, once the bill had been passed, they all called saying, we need to veto this bill. It got vetoed. We fixed that problem. We now have a bill that does not run afoul of anything. It's clean, uh, but essentially does the same thing. So this came up in my own city when we had a three-way tie for our mayoral vacancy and they ended up doing 12 rounds of coin flips, which is just absurd. So under the new bill just says that they have to draw lots and it makes it clean, makes it easy. You know, the coin toss works great when you have two people, but that is rarely the case when you're trying to fill these vacancies. And so we just wanted to create a process in line with what cities were used to. But that made sense when there were multiples vying for the same spot. And The presentation, That's it. And the sub, there is a sub on the bill. Um, Justin Lee from the League of Cities and Towns is here, and we'll speak to some of the changes in the sub, but when we sent it for feedback to cities across the state, they had a couple of tweaks in there just to make this process go more smoothly. And so that's, that's what those are.
- Committee chair42:36
All right. Thank you. So you're speaking to the first sub. Correct. Let's go to the committee for clarifying questions. I see none. Let's go to the public. Who would like to speak to this? We have one.
- Justin Lee, Deputy Director, Utah League of Cities and Towns42:52
Uh, thank you Mr. Chair. Justin Lee, deputy Director of Utah League of Cities and Towns. Uh, this is probably the 12th time I've spoken on a municipal vacancy, uh, bill in my career. Um, but always happy to keep trying to get it right. Uh, we did reach out to Representative Sawyer and appreciate him working with us this last year, um, since we had another year, we cracked it back open and tweaked. A couple of things that we learned were problems in the last year, one in a six member form of government. The mayor normally would vote to break a tie. And so there was confusion in the operation of order of whether the mayor would vote to break a tie first, and then it would go to the tie break procedures or if you do the tie break procedures. So it was sort of a, a redundant process there. And this clarifies that the mayor would vote to break the tie first, just like normal voting. Um, and then it would move on to our tie breaking procedures if necessary. The other thing that it clarifies, um, and this, this is just something to make it abundantly clear that, uh, the law states that if you're doing this, you have to do it in an Oakland public meeting. It makes it clear that any vote's taken for those candidates vying to fill the vacancy, uh, will be public and will be disclosed. Um, so that's what the tweaks do. Um, our attorneys and our cities are comfortable with this and ask you to support the bill.
- Committee chair43:58
Thank you. Does that include your pre or that's the public? Anyone else from the public Representative Peterson has a question. Go ahead.
- Rep. Karen M. Peterson44:04
I have a question for the witnesses. Go ahead. Okay. Um, so we just had this in my city when we had, you know, and it was a little bit chaotic because there was a three-way tie. And then, so they went through, I think they did the coin toss thing. Mm-hmm. They did. And then the person that won the coin toss said, I'm gonna withdraw because I think I like the other guy better. And then they didn't all know what to do. They had to recess and take a break and then start the whole thing over with that guy with John. Anyways, it was super confusing. So do you feel like this is gonna fix that?
- Justin Lee, Deputy Director, Utah League of Cities and Towns44:42
Um, no, but um, I think we, we actually, we worked with, with your, your new mayor, uh, mayor Doherty. And she, she helped us with some of these clarifications. I don't know that there's a way to fix someone withdrawing near the end of the process. Yeah. Um, I mean, we could say you can't do that, but then there would anyway. So, no, I don't think it fixes that. But I can tell you I've never heard of that situation happening before. So I think that is a bit of a one off.
- Rep. Karen M. Peterson45:09
Yeah. Okay. And one, and one last question. Um, the other thing is I don't, and I don't know if this addresses this, I didn't see it, but, you know, we allow if you are leaving the council, that you still could vote. Mm-hmm. But it was kind of weird because the person moved out of our city, but they still gotta come back and vote on their replacement. And that's kind of weird.
- Justin Lee, Deputy Director, Utah League of Cities and Towns45:29
Yeah. Yeah. I will. That is a little bit weird. That is, that is something that, uh, was put into law about three years ago. Mm-hmm. And, uh, if you were here, you voted for it 'cause it passed about unanimously. Um, so that may be something to revisit. But in this bill, we didn't want to take any big policy considerations. We just wanna look at technical fixes. Thank You.
- Committee chair45:49
Thank you Representative Patson.
- Rep. Leah Hansen45:52
Thank you, Mr. Chair. Um, I don't know if I'm speaking to the sub or, but lines 1 76 through 180. The governor will appoint someone if the municipality fails to timely fill the position is, but this is the executive member. So the mayor, So this is, yeah, Mr.
- Justin Lee, Deputy Director, Utah League of Cities and Towns46:09
Chair, if I may. That's, uh, that is current law. So it's, it's in the new section because the drafting attorney just moved a whole bunch of things down to a new section. But under current law, if the council doesn't feel the vacancy within 30 days, then the lieutenant governor reaches out to 'em and says, Hey, you really need to fill this. If they wait 30 more days at that point, then the big stick is the governor could appoint someone to fill that vacancy. We've never seen that happen. But, uh, a few, a few years ago that was put into law that also mirrors county code just to make sure that nobody sits on a vacancy for more than two months. So don't think it'll ever happen, but it's there as kinda the big stick. Yeah.
- Rep. Leah Hansen46:43speaker not certain
I couldn't imagine that happening either. I can't either. Thank you.
- Committee chair46:46
Thank you Representative Hansen. Uh, thank you Mr. Lee. See no further questions for you. Anyone else from the public? See none will close the public comment and come back to the Committee for action.
- Committee chair47:00
Representative Peterson,
- Rep. Karen M. Peterson47:03
Uh, I'd like to move the first substitute of House Bill four 20.
- Committee chair47:06
The motion is to adopt first substitute of House Bill four 20. Would you like to speak to it?
- Rep. Karen M. Peterson47:10
Uh, it feels like it clarifies a few more things. Thanks.
- Committee chair47:14
Okay. I'm gonna put any discussion from the committee members. See none. I'll place the motion to first substitute House Bill four 20. All in favor say aye. A aye. The opposed say, motion carries unanimously. Representative Peterson,
- Rep. Karen M. Peterson47:27
I'd like to make a motion to favorably recommend first substitute house bill four 20. Motion is to favorably recommend first substitute house bill four 20.
- Committee chair47:34
Would you like to speak to it?
- Rep. Karen M. Peterson47:36
Yeah, I appreciate that. Um, the sponsor was able to resolve the governor's concern and we're not gonna have gambling in code. That's good. And um, also, I do think that, that, um, we actually have vacancies a lot and, and if there are issues with the process, we do need to fix it because, um, a vacancy on a council is pretty common. So I think when I was on the city council, we had two or maybe three in the two terms I served, you know, it, so it happens fairly regularly. So I think if there's issues with the process, let's get 'em fix because we just want it to be transparent. We don't want people to feel like the system was gamed. Um, and so I think I appreciate you doing that. Thanks.
- Committee chair48:10
Thank you Representative Peterson. Discussion to the motion. I see none Representative Stoddard for summation.
- Rep. Andrew Stoddard48:17
Thank you. And, and I appreciate the time on this. Um, as Representative Peterson noticed, this is, is a very common occurrence. And, you know, that was something that was really interesting to me in talking with people first running this bill last year, was how regularly it happens and also how differently cities were approaching it. And I think that's what this bill does, is it puts in a process. I'm not gonna say the process is perfect, it's not. Um, but these vacancies occur. We need to make sure that there's a uniform process, that it's out and open in the public and that cities know how to do it so that there is some predictability. And so I'd ask for your support.
- Committee chair48:50
Thank you. And Representative Peterson for something I waive. Thank you. The motion is to recommend favorably for substitute house bill four 20 municipal office vacancy modifications. All in favor say aye. Aye. Aye. Aye. Opposed? Say no. Motion carries unanimously. Thank you representative.
- Feb 23, 2026 House floor debate▶ Watch
Transcript (6 turns)
- Clerk26:33
matter. Meeting clerk First substitute house Bill four 20 municipal office vacancy modifications by Representative Stoddard. This bill was heard in political subdivisions with the vote. 10 0 2
- Speaker Pro Tem (presiding)26:46
Representative Stoddard.
- Rep. Andrew Stoddard26:48
Thank you Mr. Speaker Pro Tem. Uh, and before I get started, I just wanna point out that I, I too am disappointed that HB four 20 does not deal with medical cannabis. We get to deal with the much more exciting topic of municipal vacancies. Now, if you actually looked at the bill for the small number of you that did, this bill may look familiar because last year we passed a very similar bill dealing with how we fill municipal vacancies. This issue came up in my own city of Midvale where we had a coin toss to elect our mayor. And because it was a three-way tie, it was not just one coin toss, there were 12 rounds of coin tosses. And so we have consistently worked on this issue the last few years. Um, coin toss works great when there's two candidates, doesn't work so great when there's more. So what this bill does is it makes it so that you can draw lots instead if there is more than a two-way tie. So, very similar to the bill passed last year that was vetoed by the governor because some quirks in the language. Uh, we have worked out with this. Uh, this is supported by the League of Cities and Towns and I'm open to any questions.
- Speaker Pro Tem (presiding)27:53
Thank you Representative Auter discussion to the bill. See none, Representative Stoddard for summation.
- Rep. Andrew Stoddard28:01
I'll waive. Thank you. Summation is waived.
- Speaker Pro Tem (presiding)28:04
Voting is open on first substitute house bill four 20 municipal office vacancy modifications. Representative Ivory being all present, having voted voting will be closed First substitute house bill four 20, having received 58 yay votes and nine nay votes passes, the house will be transmitted to the Senate for further consideration. Madam Reading, clerk
- Feb 26, 2026 Senate Government Operations and Political Subdivisions Committee▶ Watch
Transcript (20 turns)
- Chair Winterton (presiding)1:40:11
we've got first substitute house bill four 20 municipal office vacancy modifications. Representative Stoddard.
- Rep. Andrew Stoddard1:40:21
Thank you Mr. Chair. Committee members. Now, if you're looking at this bill thinking this seems really familiar, it's because it is last year we passed a bill almost identical to this, but because it included the phrase game of chance, it was veto by the governor for potentially running a foul of federal law, not the intent. So what we did is we just changed it in the bill to using lots. So this bill applies when there is a municipal vacancy and there are more than two involved in that vacancy under existing law. If there are two, we use a coin toss when it's a tie. Uh, in my city, Midvale, we had a, a mayoral vacancy and we went through 12 straight minutes of coin tosses to break a three-way tie. And it seems absurd that these are the processes we use to fill these vacancies, but it is what it is. And this bill just attempts to make it so that we're not using 12 minutes of coin tosses to determine that we can just use one process and be done. Um, I have Justin Lee here from the League of Cities and Towns, if he's okay to come up and speak to this Part of your pre presentation.
- Chair Winterton (presiding)1:41:31
Go ahead. Presentation. Yeah.
- Justin Lee, Deputy Director, Utah League of Cities and Towns1:41:35
Uh, thank you Mr. Chair. Justin, the deputy Director, Utah League of the City and towns, and I want to thank the sponsor for working with us on this bill. Uh, like I said, this is a problem that, uh, came up. Well, I guess lemme give a little further history in that it used to say by lots, that's what the code said, but they didn't really define what bylaw was. So there was a lot of different ways that, uh, councils were dealing with. And so a couple of years ago in code, it was changed to the coin toss, which seemed like a clean way to do it. And none of us really thought about the fact that if you have a three-way tie, coins only have two sites. And that gets really confusing. So as the sponsor said, we worked last year to clean this up, we felt like it was in a really good place. And then just had that one phrase, the game of chance that, uh, gave the governor's office some pause and, and vetoed this what we thought was very sensible, bill. So we worked with the sponsor again this year to clean some of these things up. Uh, we think it's a lot more clear. I think vacancies, um, are always a tricky situation at a municipal vacancy. If you've ever been through one of those, you interview the candidates in an open meeting, you take the vote in the open meeting while they're sitting there. Um, so it, it's a, it's a high emotion place and anything we can do to bring some certainty to that process and take some of that emotion out and some of those, those issues out, uh, we would like to do. And we think this bill gets us there. So we're in support of the bill and think this will, will help clarify a lot of those provisions. Okay. And that is my presentation.
- Chair Winterton (presiding)1:42:52
All right. We've got a question.
- Sen. Nate Blouin1:42:53
Let's go over to Senator Blum. Yeah, thank you. Have you Considered using calci? Uh, I heard that app as potentially on the fritz here in the state.
- Chair Winterton (presiding)1:43:05
So, all right. Someone's out. Yeah. Thank you. Yeah. Okay, let's, uh, go to public comment on this one. Is there anyone here that would like, okay, we've got one. Come on up.
- Unknown speaker1:43:19speaker not certain
I thought Rep Burton sucked out all the people with him, so No, it's a riveting bill. Yeah.
- Maryann Christensen, Executive Director, Utah Legislative Watch1:43:30
Marianne Christensen, executive director of Utah Legislative Watch. I'm actually here to speak against the bill. He's presenting it like, it's just, oh, we're just, we're just saying that they can use a, a way of chance to determine a, a tiebreaker, but if you read farther, it gets really complex. It says if the municipality doesn't comply with all these rules, then we get the LG involved. And if the LG doesn't comply, we get the governor in involved. And if the governor doesn't, by that time, I'm reading the bill. And in my summary, I just put, this is way too complex. I don't get what this bill's about, so I would aju to vote against it. Thank you.
- Unknown speaker1:44:09speaker not certain
Well, maybe just in the way of thought. I mean, when we have a county, a vacancy in a county, uh, county council, any kind of elected, yeah. We give the, the locals the opportunity to do it. If they don't do it in 30 days, then it turns to the governor and he fill the position. So kind of puts pressure that, you know, we're serious, we want to have it done. That's my first thought is we do do stuff like this so we're not kicking the can. So Mr. Lee, you back up for
- Justin Lee, Deputy Director, Utah League of Cities and Towns1:44:40
I would love to if Yeah, if, well maybe if I could respond to that Mr. Chair. Um, so you're exactly correct on the, uh, the county council, and this is actually already code for, uh, municipalities. When the drafting attorneys, uh, reified this section, they took a lot of language. You can see it, it's all crossed out and then dropped it down below. Um, for whatever drafting reason they had to do that, but that's already in the code. So right now, if a counsel did not fill that vacancy in 30 days, then the lieutenant governor would tell them, you've got 30 more days. You've really gotta do the same thing we do with the counties. And at that point, the governor could appoint someone. Um, that was, uh, I think about four years ago that was taken from, uh, county code is the example then put into municipal code. So that's current code already. Uh, we've never gotten to that point. It's kind of the big hammer in case someone, you know, really decided not to do that. We were very close. I can tell you about, I wanna say eight years ago when you Uintah county to, to having that need to happen. But when that threat comes out, everyone gets their stuff together and gets it done. So it, it's never been used, but it is kind of the big stick in the background. Yeah, we definitely wanna leave it on the local level if Possible. Yes.
- Chair Winterton (presiding)1:45:44
Okay. Uh, we'll close public comment, then come back for further consideration. Yes. Senator Vickers. Thank you, Mr. Chair.
- Sen. John Vickers1:46:02
I would make a motion that we favorably recommend HB four 21st sub
- Chair Winterton (presiding)1:46:07
Okay. Discussion back to the sponsor for summation.
- Rep. Andrew Stoddard1:46:13
Uh, I appreciate you taking the time on this. Um, like I said, this, this process isn't perfect, but it's what we've got and we just wanna make it as clear as possible so that it, so that it does work in these situations that happen more frequently than, than they should.
- Unknown speaker1:46:26speaker not certain
So you're hoping that it gets through without a veto, huh?
- Rep. Andrew Stoddard1:46:31
Yeah, I've already got too many of those in my career, so,
- Chair Winterton (presiding)1:46:35
Okay. We'll come back to Senator Vickers for summation. I waive.
- Chair Winterton (presiding)1:46:40
All right. Motion was, uh, first substitute house bill four 20 out favorably. All those in favors, aye. Aye. Aye. Any opposed? Okay. That is unanimous. Thank you. All right. Shepherds. Oh, the rules say it was for Shepherd. Um, and the rules say, um, you can, since it won't change the, um, but the chair just has To Okay. Say a New tally. All right. We, we have a request to change a vote on, uh, third substitute house bill 3 91. It won't change the outcome of the voting, but, uh, Senator Bloom wants to be recorded as a nay on that one. That'd be what, three to two or three to two? Yeah. Okay. Okay. It still passes, so we'll make note of that.
- Chair Winterton (presiding)1:47:48
And I think we're at the end of our agenda, having the other bill polled. So looking for one final motion. Senator Buss adjourn. Thank you. Motion to adjourn. All those in favor say aye. Aye. Aye. We are adjourned.
- Mar 6, 2026 Senate floor debate▶ Watch
Transcript (20 turns)
- Senate President Adams (presiding)2:04:35speaker not certain
The bill is uncircled to the bill. Senator.
- Sen. Karen Kwan2:04:38
Thank you Mr. President. So this is a, uh, bill that we saw last year, um, and it was vetoed, but we made it better. It's, uh, in a municipal vacancy when there is a tie of three or more candidates, this gives the, uh, locals, uh, the control to use a random and a fair selection way. Uh, to break a three-way, this three-way tie, um, it, you still can use a coin toss for a two-way tie. Uh, but the need for this was Midvale just, uh, had this happen where they went 12 rounds of coin tosses. West Valley City had the, the same issue. And I've heard of other municipalities having the same issue as well. Um, and this bill is, um, supported by the league. So that concludes my presentation. Thank you. Looking for a discussion this year.
- Senate President Adams (presiding)2:05:34
Senator Fillmore.
- Sen. Lincoln Fillmore2:05:37
Thank you. Uh, under this bill, would it be appropriate to have the two candidates play a game of Texas Holden? Okay. I, I'll take that. Senator Kwan, will you yield?
- Sen. Karen Kwan2:05:51
I I will, You don't need to on that one, but if you want to that's okay. I, I will yield, but I have no clever retort for that. So, uh, if maybe we can take it off, uh, offline. Thank you, Mr. President. Now it's going.
- Senate President Adams (presiding)2:06:04
Here we go. Senator Owens.
- Sen. Derrin R. Owens2:06:07
Mr. President, I, uh, actually like the, the, this idea of, um, instead of going 12 rounds of coin toss, think of the last person they have the best chance to get in versus the one who had to win their way all the way across. But, but I want to, um, share a little story about, this is, uh, d deuces card deuce clubs. I was raised in show Low Arizona. Two two words show low and I wanna, um, tell you about what Senator Fillmore just mentioned. Marion Clark and Cro and Croy and e Cooley owned a hundred thousand acres. This is back in the 18 hundreds when the way you settled a dispute was with a gun fight. Instead of fighting over the a hundred thousand acres that they, these guys hated each other, they declined. They decided to play a game of cards, win or take all a hundred thousand acre wrench. The game lasted all night. When the last hand began, Cooley needed one point. Clark told Cooley, show low and the ranch is yours. Cooley turned over the deuce of clubs, thereby naming the town of Show Low Arizona. So it has happened in the past. I support the bill Show Low. Keep that deuce.
- Senate President Adams (presiding)2:07:24
Uh, Senator Kwan, I don't see any further discussion. I'm gonna go to you for summation in a motion. Oh, hold is there? Oh, Senator Riebe, there's too many people standing around you back there. Didn't see you up. Go ahead.
- Sen. Kathleen A. Riebe2:07:38
Thank you, Mr. President. I, I support this bill, but I have a little remorse. My husband actually won his seat on the city council by a coin toss. So, uh, he'll be sad that that's no longer an option, but I support this bill.
- Senate President Adams (presiding)2:07:49
Thank you. Now for summation and a motion.
- Sen. Karen Kwan2:07:52
Thank you, Mr. President. The coin toss is still an option, uh, for two or, or, uh, for, for a tie between two people. Coins coin toss is still in, uh, play there and, uh, municipalities can choose to use a coin coin toss if they, uh, would like to do that. Um, but this is a, a choosing by lots is actually something that came about by ancient e uh, ancient, uh, Athens. And I'm, so, it has been around for a long time. Uh, but I'm not gonna go into the whole history of this and I will call the question, Mr. President.
- Senate President Adams (presiding)2:08:31
Thank you. And the question is, under suspension of the rule, shall first substitute House Bill four 20 pass Roll call votes.
- Senate President Adams (presiding)2:08:37
Senator Ipson Baldy Aye. Lewin Aye. Brammer Bus Colmore as Camilla Fillmore Aye. Grover Aye. Harper Hankins. Aye. Ipson a Johnson Quan Aye. McKay Mikel Milner Musselman Owens Pitcher Lum Rebe Aye. Sandal Stevenson Stratton Bickers Aye. Ler Wilson Winterton. President Adams Aye. First substitute house Bill four 20. Having received 27 yay votes, zero nay votes. Two being absent passes, his body will be signed by the president. Return to the house for the signature of the speaker.
- Senate President Adams (presiding)2:09:43
Second substitute house Bill 2 61 Second Substitute House Bill 2 61, electronic Information Privacy Act amendments. Senator Weiler. Senator Weiler.
- Sen. Todd Weiler2:09:54
Thank you Mr. Chair. Uh, this bill clarifies how law enforcement can obtain electronic data across jurisdictions while also ensuring compliance with Utah's Electronic Privacy Act. The Good House sponsor worked with the ags office, DPS, Libertas Defense Counsel and Comcast, uh, to reach a, a bill that has a lot of stakeholder input. And with that, I'll yield to any questions.
- Senate President Adams (presiding)2:10:19
See no questions. Going to you for a motion.
- Sen. Todd Weiler2:10:22
Thank you. Under suspension of the rules, I move that Second substitute house Bill 2 61 pass. Thank you.
- Senate President Adams (presiding)2:10:27
And the question is, under suspension of the rules shall second substitute house bill two sixty one pass. Roll call Vote. Senator Vickers Baldry. Lewin B Brammer Bus Comore Escamia Fillmore Grover Harper Kinins Ipson Johnson. Juab McKay. Mikel Milner Musman Owens Pitcher Plum Rebe Sandal Stevenson Stratton Vickers. Vicars. Weiler Aye. Wilson Winterton pitcher. Okay, hold on. Aye. Pitcher. Aye. Plum, plum. Senator Plumb President. Senator Plumb. Oh, she got it. Blue one President Adams Aye. Second sub to house Bill 2 61. Having received 22 yay votes, five nay votes, two being absent passes, this body will be signed by the President and returned to the house for the signature of the speaker.
- Senate President Adams (presiding)2:12:07
Senator Sandall. Senator Sandall.
- Sen. Scott D. Sandall2:12:09
Thank you Mr. President. Uh, Mr. President and colleagues, uh, I want