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2023 Utah Code
Title 20A - Election Code
Chapter 7 - Issues Submitted to the Voters
Part 6 - Local Referenda - Procedures
Section 607 - Evaluation by the local clerk -- Determination of election for vote on referendum.
Universal Citation: UT Code § 20A-7-607 (2023)
Effective 5/3/2023
20A-7-607. Evaluation by the local clerk -- Determination of election for vote on referendum.
Amended by Chapter 107, 2023 General Session
Amended by Chapter 116, 2023 General Session
20A-7-607. Evaluation by the local clerk -- Determination of election for vote on referendum.
- (1) In relation to the manual referendum process, when the local clerk receives a referendum packet from a county clerk, the local clerk shall record the number of the referendum packet received.
- (2) The county clerk shall:
- (a) in relation to the manual referendum process:
- (i) post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor, for at least 45 days; and
- (ii) update on the local clerk's website the number of signatures certified as of the date of the update; or
- (b) in relation to the electronic referendum process:
- (i) post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor, for at least 45 days; and
- (ii) update on the lieutenant governor's website the number of signatures certified as of the date of the update.
- (a) in relation to the manual referendum process:
- (3) The local clerk:
- (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be sufficient or insufficient:
- (i) in relation to the manual referendum process, no later than 111 days after the day of the deadline, described in Subsection 20A-7-105(5)(a)(iv), to submit a referendum packet to the county clerk; or
- (ii) in relation to the electronic referendum process, no later than 111 days after the day of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
- (b) may declare the referendum petition to be insufficient before the day described in Subsection (3)(a) if:
- (i) in relation to the manual referendum process, the total of all valid signatures on timely and lawfully submitted referendum packets that have been certified by the county clerk, plus the number of signatures on timely and lawfully submitted referendum packets that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-601;
- (ii) in relation to the electronic referendum process, the total of all timely and lawfully submitted valid signatures that have been certified by the county clerks, plus the number of timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-601; or
- (iii) a requirement of this part has not been met.
- (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be sufficient or insufficient:
- (4)
- (a) If the total number of names certified under Subsection (3) equals or exceeds the number of names required under Section 20A-7-601, and the requirements of this part are met, the local clerk shall mark upon the front of the referendum petition the word "sufficient."
- (b) If the total number of names certified under Subsection (3) does not equal or exceed the number of names required under Section 20A-7-601 or a requirement of this part is not met, the local clerk shall mark upon the front of the referendum petition the word "insufficient."
- (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's finding.
- (d) After a referendum petition is declared insufficient, a person may not submit additional signatures to qualify the referendum for the ballot.
- (5)
- (a) If the local clerk refuses to declare a referendum petition sufficient, any voter may, no later than 10 days after the day on which the local clerk declares the referendum petition insufficient, apply to the appropriate court for an order finding the referendum petition legally sufficient.
- (b) If the court determines that the referendum petition is legally sufficient, the local clerk shall mark the referendum petition "sufficient" and consider the declaration of sufficiency effective as of the date on which the referendum petition should have been declared sufficient by the local clerk's office.
- (c) If the court determines that a referendum petition filed is not legally sufficient, the court may enjoin the local clerk and all other officers from:
- (i) certifying or printing the ballot title and numbers of that referendum on the official ballot for the next election; or
- (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing, or mailing the ballot title and numbers of that referendum under Section 20A-7-609.5.
- (6) A referendum petition determined to be sufficient in accordance with this section is qualified for the ballot.
- (7)
- (a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to legislative action taken after April 15, the election officer may not place the referendum on an election ballot until a primary election, a general election, or a special election the following year.
- (b) The election officer may place a referendum described in Subsection (7)(a) on the ballot for a special, primary, or general election held during the year that the legislative action was taken if the following agree, in writing, on a timeline to place the referendum on that ballot:
- (i) the local clerk;
- (ii) the county clerk; and
- (iii) the attorney for the county or municipality that took the legislative action.
- (c) For a referendum on a land use law, if, before August 30, the local clerk or a court determines that the total number of certified names equals or exceeds the number of signatures required in Section 20A-7-601, the election officer shall place the referendum on the election ballot for:
- (i) the next general election; or
- (ii) another election, if the following agree, in writing, on a timeline to place the referendum on that ballot:
- (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
- (B) the local clerk;
- (C) the county clerk; and
- (D) the attorney for the county or municipality that took the legislative action.
Amended by Chapter 107, 2023 General Session
Amended by Chapter 116, 2023 General Session
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