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H.B. 218
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INITIATIVE AND REFERENDUM PROCESS
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FOR SCHOOL DISTRICTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Katherine M. Bryson
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AN ACT RELATING TO LOCAL INITIATIVE AND REFERENDA; ESTABLISHING A
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PROCESS FOR CONDUCTING INITIATIVES AND REFERENDA ON LOCAL SCHOOL
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BOARD DECISIONS; MODIFYING DEFINITIONS; AND MAKING TECHNICAL
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CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-7-101, as last amended by Chapters 21 and 272, Laws of Utah 1994
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20A-7-401, as last amended by Chapter 272, Laws of Utah 1994
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20A-7-402, as last amended by Chapter 272, Laws of Utah 1994
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20A-7-501, as renumbered and amended by Chapter 272, Laws of Utah 1994
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20A-7-502, as last amended by Chapter 278, Laws of Utah 1997
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20A-7-503, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-506, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-510, as enacted by Chapter 272, Laws of Utah 1994
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20A-7-601, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-602, as enacted by Chapter 272, Laws of Utah 1994
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20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-606, as last amended by Chapter 45, Laws of Utah 1999
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20A-7-610, as enacted by Chapter 272, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-7-101
is amended to read:
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20A-7-101. Definitions.
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As used in this chapter:
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(1) "Certified" means that the county clerk has acknowledged a signature as being the
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signature of a registered voter.
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(2) "Circulation" means the process of submitting an initiative or referendum petition to
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legal voters for their signature.
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(3) "Initiative" means a new state law or local law proposed for adoption by the public as
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provided in this chapter.
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(4) "Initiative packet" means a copy of the initiative petition, a copy of the proposed state
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or local law, and the signature sheets, all of which have been bound together as a unit.
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(5) "Legal signatures" means the number of signatures of legal voters that:
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(a) meet the numerical requirements of this chapter; and
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(b) have been certified and verified as provided in this chapter.
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(6) "Legal voter" means a person who:
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(a) is registered to vote; or
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(b) becomes registered to vote before the county clerk certifies the signatures on an
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initiative or referendum petition.
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(7) (a) "Local law" includes an ordinance, resolution, master plan, and any comprehensive
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zoning regulations adopted by ordinance or resolution.
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(b) "Local law" includes a policy approved by the local legislative body if the policy
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affects persons other than the officers and employees of the county, city, town, or school district
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over which the local legislative body has jurisdiction.
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[(b)] (c) "Local law" does not include individual property zoning decisions.
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(8) "Local attorney" means the county attorney, city attorney, [or] town, or school district
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attorney in whose jurisdiction a local initiative or referendum petition is circulated.
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(9) "Local clerk" means the county clerk, city recorder, [or] town clerk, or school district
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business administrator in whose jurisdiction a local initiative or referendum petition is circulated.
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(10) "Local legislative body" means the legislative body of a county, city, or town or, for
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school districts, the local school board.
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(11) "Measure" means an initiative or referendum.
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(12) "Referendum" means a state law passed by the Legislature or a local law passed by
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a local legislative body that is being submitted to the voters for their approval or rejection.
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(13) "Referendum packet" means a copy of the referendum petition, a copy of the state law
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or local law being submitted to the voters for their approval or rejection, and the signature sheets,
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all of which have been bound together as a unit.
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(14) "Signature sheets" means sheets in the form required by this chapter that are used to
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collect signatures in support of an initiative or referendum.
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(15) "Sponsors" means the legal voters who support the initiative or referendum and who
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sign the application for petition copies.
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(16) "Sufficient" means that the signatures submitted in support of an initiative or
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referendum petition have been certified and verified as required by this chapter.
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(17) "Verified" means acknowledged by the person circulating the petition as required in
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Sections
20A-7-205
and
20A-7-305
.
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Section 2.
Section
20A-7-401
is amended to read:
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20A-7-401. Limitation -- Budgets.
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(1) The legal voters of any county, city, [or] town, or school district may not initiate
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budgets or changes in budgets.
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(2) The legal voters of any county, city, [or] town, or school district may not require any
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budget adopted by the local legislative body to be submitted to the voters.
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Section 3.
Section
20A-7-402
is amended to read:
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20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
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Preparation -- Statement on front cover.
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(1) The county [or], municipality, or school district that is the subject of an initiative or
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referenda shall prepare a local voter information pamphlet that meets the requirements of this part.
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(2) (a) The arguments for and against initiatives and referenda shall conform to the
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requirements of this section.
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(b) Persons wishing to prepare arguments for and against initiatives and referenda shall
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file a request with the local legislative body at least 45 days before the election at which the
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proposed measure is to be voted upon.
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(c) If more than one person or group requests the opportunity to prepare arguments for or
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against any measure, the [governing] local legislative body shall make the final designation
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according to the following criteria:
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(i) sponsors have priority in making the argument for a measure; and
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(ii) members of the local legislative body have priority over others.
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(d) The arguments in favor of the measure shall be prepared by the sponsors, whether of
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the local legislative body or of a voter or voter group, but not more than five names shall appear
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as sponsors.
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(e) The arguments against the measure shall be prepared by opponents from among the
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local legislative body, if any, or from among voters requesting permission of the local legislative
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body to prepare these arguments.
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(f) The arguments may not exceed 500 words in length.
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(g) The arguments supporting and opposing any county or municipal measure shall be filed
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with the local clerk not less than 30 days before the election at which they are to be voted upon.
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(3) (a) In preparing the local voter information pamphlet, the local legislative body shall:
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(i) ensure that the arguments are printed on the same sheet of paper upon which the
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proposed measure is also printed;
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(ii) ensure that the following statement is printed on the front cover or the heading of the
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first page of the printed arguments:
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"The arguments for or against the proposed measure(s) are the opinions of the authors.";
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(iii) pay for the printing and binding of the local voter information pamphlet; and
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(iv) ensure that the local clerk distributes the pamphlets either by mail or carrier not less
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than eight days before the election at which the measures are to be voted upon.
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(b) (i) If the proposed measure exceeds 500 words in length, the local legislative body may
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direct the local clerk to summarize the measure in 500 words or less.
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(ii) The summary shall state where a complete copy of the measure is available for public
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review.
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Section 4.
Section
20A-7-501
is amended to read:
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20A-7-501. Initiatives.
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(1) (a) Except as provided in Subsection (1)(b), a person seeking to have an initiative
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submitted to a local legislative body or to a vote of the people for approval or rejection shall obtain
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legal signatures equal to:
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(i) 10% of all the votes cast in the county, city, [or] town, or school district for all
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candidates for governor at the last election at which a governor was elected if the total number of
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votes exceeds 25,000;
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(ii) 12-1/2% of all the votes cast in the county, city, [or] town, or school district for all
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candidates for governor at the last election at which a governor was elected if the total number of
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votes does not exceed 25,000 but is more than 10,000;
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(iii) 15% of all the votes cast in the county, city, [or] town, or school district for all
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candidates for governor at the last election at which a governor was elected if the total number of
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votes does not exceed 10,000 but is more than 2,500;
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(iv) 20% of all the votes cast in the county, city, [or] town, or school district for all
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candidates for governor at the last election at which a governor was elected if the total number of
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votes does not exceed 2,500 but is more than 500;
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(v) 25% of all the votes cast in the county, city, [or] town, or school district for all
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candidates for governor at the last election at which a governor was elected if the total number of
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votes does not exceed 500 but is more than 250; and
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(vi) 30% of all the votes cast in the county, city, [or] town, or school district for all
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candidates for governor at the last election at which a governor was elected if the total number of
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votes does not exceed 250.
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(b) (i) In addition to the signature requirements of Subsection (1)(a), a person seeking to
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have an initiative submitted to a local legislative body or to a vote of the people for approval or
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rejection in a county, city, or town where the local legislative body is elected from council districts
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shall obtain, from each of a majority of council districts, legal signatures equal to the percentages
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established in Subsection (1)(a).
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(ii) In addition to the signature requirements of Subsection (1)(a), a person seeking to have
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an initiative submitted to a local school board or to a vote of the people for approval or rejection
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in a local school district shall obtain, from each of a majority of local school board districts, legal
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signatures equal to the percentages established in Subsection (1)(a).
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(2) If the total number of certified names from each verified signature sheet equals or
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exceeds the number of names required by this section, the clerk [or], recorder, or business
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administrator shall deliver the proposed law to the local legislative body at its next meeting.
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(3) (a) The local legislative body shall either adopt or reject the proposed law without
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change or amendment within 30 days of receipt of the proposed law.
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(b) The local legislative body may:
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(i) adopt the proposed law and refer it to the people;
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(ii) adopt the proposed law without referring it to the people; or
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(iii) reject the proposed law.
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(c) If the local legislative body adopts the proposed law but does not refer it to the people,
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it is subject to referendum as with other local laws.
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(d) (i) If a county legislative body rejects a proposed local law for a county [ordinance or
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amendment], or takes no action on it, the county clerk shall submit it to the voters of the county
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at the next regular general election.
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(ii) If a local legislative body rejects a proposed [municipal ordinance or amendment] local
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law for a municipality, or takes no action on it, the municipal recorder or clerk shall submit it to
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the voters of the municipality at the next municipal general election.
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(iii) If a local legislative body rejects a proposed local law for a local school district, or
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takes no action on it, the business administrator shall submit it to the voters of the school district
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at the next regular general election.
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(e) (i) If the local legislative body rejects the proposed ordinance or amendment, or takes
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no action on it, the local legislative body may adopt a competing local law.
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(ii) The local legislative body shall prepare and adopt the competing local law within the
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30 days allowed for its action on the measure proposed by initiative petition.
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(iii) If the local legislative body adopts a competing local law, the clerk or recorder shall
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submit it to the voters of the county or municipality at the same election at which the initiative
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proposal is submitted.
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(f) If conflicting local laws are submitted to the people at the same election and two or
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more of the conflicting measures are approved by the people, then the measure that receives the
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greatest number of affirmative votes shall control all conflicts.
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Section 5.
Section
20A-7-502
is amended to read:
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20A-7-502. Local initiative process -- Application procedures.
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(1) Persons wishing to circulate an initiative petition shall file an application with the local
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clerk.
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(2) The application shall contain:
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(a) the name and residence address of at least five sponsors of the initiative petition;
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(b) a statement indicating that each of the sponsors:
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(i) is a registered voter; and
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(ii) (A) if the initiative seeks to enact a local law for a county [ordinance], has voted in a
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regular general election in Utah within the last three years; [or]
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(B) if the initiative seeks to enact a [municipal ordinance] local law for a municipality, has
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voted in a regular municipal election in Utah:
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(I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
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(II) within the last five years, if the sponsor's failure to vote within the last three years is
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due to the sponsor's residing in a municipal district that participates in a municipal election every
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four years; or
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(C) if the initiative seeks to enact a local law for a school district, has voted in a regular
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general election in Utah within the last three years;
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(c) the signature of each of the sponsors, attested to by a notary public; and
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(d) a copy of the proposed law.
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Section 6.
Section
20A-7-503
is amended to read:
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20A-7-503. Form of initiative petitions and signature sheets.
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(1) (a) Each proposed initiative petition shall be printed in substantially the following
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form:
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"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
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Clerk/School District Business Administrator:
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We, the undersigned citizens of Utah, respectfully demand that the following proposed law
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be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal
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voters of the county/city/town/school district, if the legislative body rejects the proposed law or
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takes no action on it.
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Each signer says:
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I have personally signed this petition;
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I am registered to vote in Utah or intend to become registered to vote in Utah before the
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certification of the petition names by the county clerk; and
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My residence and post office address are written correctly after my name."
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(b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
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petition.
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(2) Each signature sheet shall:
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(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
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(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
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blank for the purpose of binding;
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(c) contain the title of the initiative printed below the horizontal line;
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(d) contain the word "Warning" printed or typed at the top of each signature sheet under
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the title of the initiative;
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(e) contain, to the right of the word "Warning," the following statement printed or typed
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in not less than eight-point, single leaded type:
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"It is a class A misdemeanor for anyone to sign any initiative petition with any other name
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than his own, or knowingly to sign his name more than once for the same measure, or to sign an
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initiative petition when he knows he is not a registered voter and knows that he does not intend
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to become registered to vote before the certification of the petition names by the county clerk.";
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(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
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by this section;
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(g) be vertically divided into columns as follows:
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(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
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headed with "For Office Use Only", and be subdivided with a light vertical line down the middle
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with the left subdivision entitled "Registered" and the right subdivision left untitled;
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(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
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(must be legible to be counted)";
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(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
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and
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(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
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and
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(h) contain the following statement, printed or typed upon the back of each sheet:
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"Verification
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State of Utah, County of ____
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I, _______________, of ____, hereby state that:
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I am a resident of Utah;
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All the names that appear on this sheet were signed by persons who professed to be the
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persons whose names appear in it, and each of them signed his name on it in my presence;
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I believe that each has printed and signed his name and written his post office address and
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residence correctly, and that each signer is registered to vote in Utah or intends to become
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registered to vote before the certification of the petition names by the county clerk.
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_____________________________"
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(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
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the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
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Section 7.
Section
20A-7-506
is amended to read:
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20A-7-506. Submitting the initiative petition -- Certification of signatures by the
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county clerks -- Transfer to local clerk.
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(1) [No later than 120 days before any regular general election, for county initiatives, or
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municipal general election, for municipal initiatives, the] The sponsors shall deliver each signed
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and verified initiative packet to the county clerk of the county in which the packet was circulated[.]
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no later than 120 days before:
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(a) the regular general election, for county initiatives and school district initiatives; or
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(b) the municipal general election, for municipal initiatives.
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(2) No later than 90 days before any general election, the county clerk shall:
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(a) check the names of all persons completing the verification on the back of each
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signature sheet to determine whether or not those persons are residents of Utah; and
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(b) submit the name of each of those persons who is not a Utah resident to the attorney
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general and county attorney.
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(3) No later than 60 days before any general election, the county clerk shall:
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(a) check all the names of the signers against the official registers to determine whether
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or not the signer is a voter;
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(b) certify on the petition whether or not each name is that of a voter; and
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(c) deliver all of the packets to the local clerk.
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Section 8.
Section
20A-7-510
is amended to read:
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20A-7-510. Return and canvass -- Conflicting measures -- Law effective on
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proclamation.
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(1) The votes on the law proposed by the initiative petition shall be counted, canvassed,
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and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
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(2) After the local board of canvassers completes its canvass, the [local] county clerk, for
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county and school district initiatives, and the municipal clerk, for municipal initiatives, shall certify
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[to the local legislative body] the vote for and against the law proposed by the initiative petition
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to the appropriate local legislative body.
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(3) (a) The local legislative body shall immediately issue a proclamation that:
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(i) gives the total number of votes cast in the local jurisdiction for and against each law
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proposed by an initiative petition; and
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(ii) declares those laws proposed by an initiative petition that were approved by majority
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vote to be in full force and effect as the law of the local jurisdiction.
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(b) When the local legislative body determines that two proposed laws, or that parts of two
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proposed laws approved by the people at the same election are entirely in conflict, they shall
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proclaim that measure to be law that has received the greatest number of affirmative votes,
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regardless of the difference in the majorities which those measures have received.
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(c) (i) Within ten days after the local legislative body's proclamation, any qualified voter
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who signed the initiative petition proposing the law that is declared by the local legislative body
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to be superseded by another measure approved at the same election may apply to the supreme court
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to review the decision.
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(ii) The court shall:
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(A) immediately consider the matter and decide whether or not the proposed laws are in
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conflict; and
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(B) within ten days after the matter is submitted to it for decision, certify its decision to
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the local legislative body.
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(4) Within 30 days after its previous proclamation, the local legislative body shall:
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(a) proclaim all those measures approved by the people as law that the supreme court has
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determined are not in conflict; and
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(b) of all those measures approved by the people as law that the supreme court has
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determined to be in conflict, proclaim as law the one that received the greatest number of
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affirmative votes, regardless of difference in majorities.
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Section 9.
Section
20A-7-601
is amended to read:
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20A-7-601. Referenda -- General signature requirements -- Signature requirements
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for land use laws -- Time requirements.
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(1) Except as provided in Subsection (2), a person seeking to have a law passed by the local
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legislative body submitted to a vote of the people shall obtain legal signatures equal to:
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(a) 10% of all the votes cast in the county, city, [or] town, or school district for all
308
candidates for governor at the last election at which a governor was elected if the total number of
309
votes exceeds 25,000;
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(b) 12-1/2% of all the votes cast in the county, city, [or] town, or school district for all
311
candidates for governor at the last election at which a governor was elected if the total number of
312
votes does not exceed 25,000 but is more than 10,000;
313
(c) 15% of all the votes cast in the county, city, [or] town, or school district for all
314
candidates for governor at the last election at which a governor was elected if the total number of
315
votes does not exceed 10,000 but is more than 2,500;
316
(d) 20% of all the votes cast in the county, city, [or] town, or school district for all
317
candidates for governor at the last election at which a governor was elected if the total number of
318
votes does not exceed 2,500 but is more than 500;
319
(e) 25% of all the votes cast in the county, city, [or] town, or school district for all
320
candidates for governor at the last election at which a governor was elected if the total number of
321
votes does not exceed 500 but is more than 250; and
322
(f) 30% of all the votes cast in the county, city, [or] town, or school district for all
323
candidates for governor at the last election at which a governor was elected if the total number of
324
votes does not exceed 250.
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(2) (a) As used in this Subsection (2), "land use law" includes a land use development code,
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an annexation ordinance, and comprehensive zoning ordinances.
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(b) A person seeking to have a land use law passed by the local legislative body submitted
328
to a vote of the people shall obtain legal signatures equal to:
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(i) in counties and first and second class cities, 20% of all votes cast in the county or city
330
for all candidates for governor at the last election at which a governor was elected; and
331
(ii) in third class cities and towns, 35% of all the votes cast in the city or town for all
332
candidates for governor at the last election at which a governor was elected.
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(3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2), any
334
local law passed by a local legislative body shall file the petition within 35 days after the passage
335
of the local law.
336
(b) The local law remains in effect until repealed by the voters via referendum.
337
(4) If the referendum passes, the local law that was challenged by the referendum is
338
repealed as of the date of the election.
339
Section 10.
Section
20A-7-602
is amended to read:
340
20A-7-602. Local referendum process -- Application procedures.
341
(1) Persons wishing to circulate a referendum petition shall file an application with the
342
local clerk.
343
(2) The application shall contain:
344
(a) the name and residence address of at least five sponsors of the referendum petition;
345
(b) a certification indicating that each of the sponsors:
346
(i) is a voter; and
347
(ii) (A) if the referendum challenges a local law for a county [ordinance], has voted in a
348
regular general election in Utah within the last three years; [or]
349
(B) if the referendum challenges a [municipal ordinance] local law for a municipality, has
350
voted in a regular municipal election in Utah within the last three years; or
351
(C) if the referendum challenges a local law for a local school district, has voted in a
352
regular general election in Utah within the last three years;
353
(c) the signature of each of the sponsors, attested to by a notary public; and
354
(d) five copies of the law.
355
Section 11.
Section
20A-7-603
is amended to read:
356
20A-7-603. Form of referendum petition and signature sheets.
357
(1) (a) Each proposed referendum petition shall be printed in substantially the following
358
form:
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"REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
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Clerk/School District Business Administrator:
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We, the undersigned citizens of Utah, respectfully order that [Ordinance]
362
Ordinance/Resolution/Policy No. ____, entitled (title of ordinance, resolution, or policy, and, if
363
the petition is against less than the whole ordinance, resolution, or policy set forth here the part or
364
parts [on] upon which the referendum is sought), passed by the ____ be referred to the voters for
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their approval or rejection at the regular/municipal general election to be held on the ____ day of
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____, [19] 20 __;
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Each signer says:
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I have personally signed this petition;
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I am registered to vote in Utah or intend to become registered to vote in Utah before the
370
certification of the petition names by the county clerk; and
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My residence and post office address are written correctly after my name."
372
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
373
referendum to each referendum petition.
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(2) Each signature sheet shall:
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(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
376
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
377
blank for the purpose of binding;
378
(c) contain the title of the referendum printed below the horizontal line;
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(d) contain the word "Warning" printed or typed at the top of each signature sheet under
380
the title of the referendum;
381
(e) contain, to the right of the word "Warning," the following statement printed or typed
382
in not less than eight-point, single leaded type:
383
"It is a class A misdemeanor for anyone to sign any referendum petition with any other
384
name than his own, or knowingly to sign his name more than once for the same measure, or to sign
385
a referendum petition when he knows he is not a registered voter and knows that he does not intend
386
to become registered to vote before the certification of the petition names by the county clerk.";
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(f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
388
by this section;
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(g) be vertically divided into columns as follows:
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(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
391
headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
392
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
393
(must be legible to be counted)";
394
(iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
395
and
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(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
397
and
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(h) contain the following statement, printed or typed upon the back of each sheet:
399
"Verification
400
State of Utah, County of ____
401
I, _______________, of ____, hereby state that:
402
I am a resident of Utah;
403
All the names that appear on this sheet were signed by persons who professed to be the
404
persons whose names appear in it, and each of them signed his name on it in my presence;
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I believe that each has printed and signed his name and written his post office address and
406
residence correctly, and that each signer is registered to vote in Utah or intends to become
407
registered to vote before the certification of the petition names by the county clerk.
408
_____________________________"
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(3) The forms prescribed in this section are not mandatory, and, if substantially followed,
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the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
411
Section 12.
Section
20A-7-606
is amended to read:
412
20A-7-606. Submitting the referendum petition -- Certification of signatures by the
413
county clerks -- Transfer to local clerk.
414
(1) [No later than 120 days before any regular general election for county referenda, or
415
municipal general election for local referenda, the] The sponsors shall deliver each signed and
416
verified referendum packet to the county clerk of the county in which the packet was circulated[.]
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no later than 120 days before:
418
(a) the regular general election, for county initiatives and school district initiatives; or
419
(b) the municipal general election, for municipal initiatives.
420
(2) No later than 90 days before any general election, the county clerk shall:
421
(a) check the names of all persons completing the verification on the back of each
422
signature sheet to determine whether or not those persons are Utah residents; and
423
(b) submit the name of each of those persons who is not a Utah resident to the attorney
424
general and county attorney.
425
(3) No later than 60 days before any general election, the county clerk shall:
426
(a) check all the names of the signers against the official registers to determine whether
427
or not the signer is a voter;
428
(b) certify on the referendum petition whether or not each name is that of a voter; and
429
(c) deliver all of the referendum packets to the local clerk.
430
Section 13.
Section
20A-7-610
is amended to read:
431
20A-7-610. Return and canvass -- Conflicting measures -- Law effective on
432
proclamation.
433
(1) The votes on the law proposed by the referendum petition shall be counted, canvassed,
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and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
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(2) After the local board of canvassers completes its canvass, the [local] county clerk, for
436
county and school district initiatives, and the municipal clerk, for municipal initiatives, shall certify
437
[to the local legislative body] the vote for and against the law proposed by the referendum petition
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to the appropriate local legislative body.
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(3) (a) The local legislative body shall immediately issue a proclamation that:
440
(i) gives the total number of votes cast in the local jurisdiction for and against each law
441
proposed by a referendum petition; and
442
(ii) declares those laws proposed by a referendum petition that were approved by majority
443
vote to be in full force and effect as the law of the local jurisdiction.
444
(b) When the local legislative body determines that two proposed laws, or that parts of two
445
proposed laws approved by the people at the same election are entirely in conflict, they shall
446
proclaim that measure to be law that has received the greatest number of affirmative votes,
447
regardless of the difference in the majorities which those measures have received.
448
(4) (a) Within ten days after the local legislative body's proclamation, any qualified voter
449
who signed the referendum petition proposing the law that is declared by the local legislative body
450
to be superseded by another measure approved at the same election may apply to the supreme court
451
to review the decision.
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(b) The supreme court shall:
453
(i) immediately consider the matter and decide whether or not the proposed laws are in
454
conflict; and
455
(ii) within ten days after the matter is submitted to it for decision, certify its decision to the
456
local legislative body.
457
(5) Within 30 days after its previous proclamation, the local legislative body shall:
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(a) proclaim all those measures approved by the people as law that the supreme court has
459
determined are not in conflict; and
460
(b) of all those measures approved by the people as law that the supreme court has
461
determined to be in conflict, proclaim as law the one that received the greatest number of
462
affirmative votes, regardless of difference in majorities.
Legislative Review Note
as of 1-5-00 2:15 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.