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2023 Utah Code
Title 20A - Election Code
Chapter 7 - Issues Submitted to the Voters
Part 6 - Local Referenda - Procedures
Section 611 - Temporary stay -- Effective date -- Effect of repeal by local legislative body.
Universal Citation: UT Code § 20A-7-611 (2023)
Effective 5/3/2023
20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative body.
Amended by Chapter 107, 2023 General Session
20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative body.
- (1) Any law submitted to the people by referendum petition that is rejected by the voters at any election is repealed as of the date of the election.
- (2) If, at the time during the process described in Subsection 20A-7-607(2), the local clerk determines that, at that point in time, an adequate number of signatures are certified to comply with the signature requirements, the local clerk shall:
- (a) issue an order temporarily staying the law from going into effect; and
- (b) continue the process of certifying signatures and removing signatures as required by this part.
- (3) The temporary stay described in Subsection (2) remains in effect, regardless of whether a future count falls below the signature threshold, until the day on which:
- (a) if the local clerk declares the referendum petition insufficient, five days after the day on which the local clerk declares the referendum petition insufficient; or
- (b) if the local clerk declares the referendum petition sufficient, the day on which the local legislative body issues the proclamation described in Section 20A-7-610.
- (4) A law submitted to the people by referendum that is approved by the voters at an election takes effect the later of:
- (a) five days after the date of the official proclamation of the vote by the local legislative body; or
- (b) the effective date specified in the approved law.
- (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the local clerk declares the referendum petition insufficient, the law that is the subject of the referendum petition takes effect the later of:
- (a) five days after the day on which the local clerk declares the petition insufficient; or
- (b) the effective date specified in the proposed law.
- (6)
- (a) A law approved by the people under this part is not subject to veto.
- (b) The local legislative body may amend any laws approved by the people under this part after the people approve the law.
- (7) If the local legislative body repeals a law challenged by referendum petition under this part, the referendum petition is void and no further action on the referendum petition is required.
Amended by Chapter 107, 2023 General Session
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