Utah Code 20A-7-310. Return and canvass — Conflicting measures

20A-7-310. Return and canvass — Conflicting measures.

(1)	The votes on the law that is the subject of the referendum petition shall be counted, canvassed, and delivered as provided in 3.

Terms Used In Utah Code 20A-7-310

Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Referendum petition: means :

(a)	as it relates to a statewide referendum, using the manual referendum process, the form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;

(b)	as it relates to a statewide referendum, using the electronic referendum process, the form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the Legislature to legal voters for their approval or rejection;

(c)	as it relates to a local referendum, using the manual referendum process, the form described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal voters for their approval or rejection; or

(d)

as it relates to a local referendum, using the electronic referendum process, the form described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters for their approval or rejection. See Utah Code 20A-7-101

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Voter: means an individual who:

(a)	meets the requirements for voting in an election;

(b)	meets the requirements of election registration;

(c)	is registered to vote; and

(d)	is listed in the official register book. See Utah Code 20A-1-102
(2)	After the state board of canvassers completes its canvass, the lieutenant governor shall certify to the governor the vote for and against the law that is the subject of the referendum petition.

(3)

(a)

The governor shall immediately issue a proclamation that:

(i)	gives the total number of votes cast in the state for and against each law that is the subject of a referendum petition; and

(ii)	declares those laws that are the subject of a referendum petition that are approved by majority vote to be in full force and effect as the law of Utah on the effective date described in Section 20A-7-311.

(b)

When the governor determines that two laws, or that parts of two laws approved by the people at the same election are entirely in conflict, the governor shall proclaim to be law the law that received the greatest number of affirmative votes, regardless of the difference in the majorities which those approved laws received.

(4)

(a)

Within 10 days after the day on which the governor issues the proclamation described in Subsection (3), any qualified voter who signed the referendum petition for the law that is declared by the governor to be superseded by another law approved at the same election may apply to the appropriate court to review the governor’s decision.

(b)

The court shall:

(i)	consider the matter and decide whether the approved laws are in conflict; and

(ii)	enter an order consistent with the court’s decision.

(5)

Within 10 days after the day on which the court enters an order described in Subsection (4)(b)(ii), the governor shall:

(a)	proclaim as law all those laws approved by the people that the court determines are not in conflict; and

(b)	of all those laws approved by the people as law that the court determines to be in conflict, proclaim as law the one that receives the greatest number of affirmative votes, regardless of difference in majorities.

Amended by Chapter 107, 2023 General Session

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