Downs v. Thompson
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The Supreme Court answered three questions certified to it by the United States District Court for the District of Utah in this case challenging a civil fine issued under the Political Activities of Public Entities Act, Utah Code 20A-11-1205, answering, inter alia, that a Utah state district court does not have appellate jurisdiction to review the Utah County Board of Commissioners' decision upholding a fine levied under the statute.
Further, the Supreme Court answered (1) the term "ballot proposition" as used in Utah Code 10A-11-1205(1) encompasses the entire referendum process, including the period of time before a referendum's sponsors have obtained the requisite number of signatures on the referendum petition; and (2) the term "ballot proposition" as used in section 10A-11-1205(1) includes the signature gathering phase of the referendum process, even if the challenged local government action is later found to be administrative in nature and therefore not subject to a referendum.
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