There is a newer version
of
this Section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 610 - Return and canvass -- Conflicting measures -- Law effective on proclamation.
Universal Citation: UT Code § 20A-7-610 (2021)
Effective 5/5/2021
20A-7-610. Return and canvass -- Conflicting measures -- Law effective on proclamation.
Amended by Chapter 140, 2021 General Session
20A-7-610. Return and canvass -- Conflicting measures -- Law effective on proclamation.
- (1) The votes on the proposed law that is the subject of the referendum petition shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
- (2) After the local board of canvassers completes the canvass, the local clerk shall certify to the local legislative body the vote for and against the proposed law that is the subject of the referendum petition.
- (3)
- (a) The local legislative body shall immediately issue a proclamation that:
- (i) gives the total number of votes cast in the local jurisdiction for and against each proposed law that is the subject of a referendum petition; and
- (ii) in accordance with Section 20A-7-611, declares those laws that are the subject of a referendum petition that were approved by majority vote to be in full force and effect as the law of the local jurisdiction.
- (b) When the local legislative body determines that two proposed laws, or that parts of two proposed laws approved by the people at the same election are entirely in conflict, the local legislative body shall proclaim that measure to be law that received the greatest number of affirmative votes, regardless of the difference in the majorities which those measures have received.
- (a) The local legislative body shall immediately issue a proclamation that:
- (4)
- (a) Within 10 days after the day on which the local legislative body issues the proclamation, any qualified voter residing in the jurisdiction for a law that is declared by the local legislative body to be superseded by another measure approved at the same election may bring an action in the appropriate court to review the decision.
- (b) The court shall:
- (i) consider the matter and decide whether the proposed laws are entirely in conflict; and
- (ii) issue an order, consistent with the court's decision, to the local legislative body.
- (5) Within 10 days after the day on which the court enters an order under Subsection (4)(b)(ii), the local legislative body shall:
- (a) proclaim as law all measures approved by the people that the court determines are not in conflict; and
- (b) for the measures approved by the people as law that the court determines to be in conflict, proclaim as law the measure that received the greatest number of affirmative votes, regardless of the difference in majorities.
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.
