There is a newer version
of
this Section
2021 Utah Code
Title 20A - Election Code
Chapter 7 - Issues Submitted to the Voters
Part 6 - Local Referenda - Procedures
Section 601 - Referenda -- General signature requirements -- Signature requirements for land use laws and subjurisdictional laws -- Time requirements.
Universal Citation: UT Code § 20A-7-601 (2021)
Effective 5/5/2021
20A-7-601. Referenda -- General signature requirements -- Signature requirements for land use laws and subjurisdictional laws -- Time requirements.
Amended by Chapter 140, 2021 General Session
20A-7-601. Referenda -- General signature requirements -- Signature requirements for land use laws and subjurisdictional laws -- Time requirements.
- (1) As used in this section:
- (a) "Number of active voters" means the number of active voters in the county, city, or town on the immediately preceding January 1.
- (b) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
- (c)
- (i) "Subjurisdictional law" means a local law or local obligation law passed by a local legislative body that imposes a tax or other payment obligation on property in an area that does not include all precincts and subprecincts under the jurisdiction of the county, city, town, or metro township.
- (ii) "Subjurisdictional law" does not include a land use law.
- (d) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a) or (2)(b).
- (2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
- (a) for a county of the first class:
- (i) 7.75% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75% of the county's voter participation areas;
- (b) for a metro township with a population of 100,000 or more, or a city of the first class:
- (i) 7.5% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (c) for a county of the second class:
- (i) 8% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of the county's voter participation areas;
- (d) for a metro township with a population of 65,000 or more but less than 100,000, or a city of the second class:
- (i) 8.25% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (e) for a county of the third class:
- (i) 9.5% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75% of the county's voter participation areas;
- (f) for a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:
- (i) 10% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (g) for a county of the fourth class:
- (i) 11.5% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the county's voter participation areas;
- (h) for a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:
- (i) 11.5% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (i) for a metro township with a population of 1,000 or more but less than 10,000, a city of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro township, city, or county; or
- (j) for a metro township with a population of less than 1,000, a town, or a county of the sixth class, 35% of the number of active voters in the metro township, town, or county.
- (a) for a county of the first class:
- (3) Except as provided in Subsection (4), an eligible voter seeking to have a land use law or local obligation law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
- (a) for a county of the first, second, third, or fourth class:
- (i) 16% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the county's voter participation areas;
- (b) for a county of the fifth or sixth class:
- (i) 16% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the county's voter participation areas;
- (c) for a metro township with a population of 100,000 or more, or a city of the first class:
- (i) 15% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (d) for a metro township with a population of 65,000 or more but less than 100,000, or a city of the second class:
- (i) 16% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (e) for a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:
- (i) 27.5% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (f) for a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:
- (i) 29% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75% of the metro township's or city's voter participation areas;
- (g) for a metro township with a population of 1,000 or more but less than 10,000, or a city of the fifth class, 35% of the number of active voters in the metro township or city; or
- (h) for a metro township with a population of less than 1,000 or a town, 40% of the number of active voters in the metro township or town.
- (a) for a county of the first, second, third, or fourth class:
- (4) A person seeking to have a subjurisdictional law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures of the residents in the subjurisdiction equal to:
- (a) 10% of the number of active voters in the subjurisdiction if the number of active voters exceeds 25,000;
- (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 25,000 but is more than 10,000;
- (c) 15% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 10,000 but is more than 2,500;
- (d) 20% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 2,500 but is more than 500;
- (e) 25% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 500 but is more than 250; and
- (f) 30% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 250.
- (5) Sponsors of any referendum petition challenging, under Subsection (2), (3), or (4), any local law passed by a local legislative body shall file the application before 5 p.m. within seven days after the day on which the local law was passed.
- (6) Nothing in this section authorizes a local legislative body to impose a tax or other payment obligation on a subjurisdiction in order to benefit an area outside of the subjurisdiction.
Amended by Chapter 140, 2021 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
