Utah Code 20A-7-610. Return and canvass — Conflicting measures — Law effective on proclamation

20A-7-610. Return and canvass — Conflicting measures — Law effective on proclamation.

(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-7-610

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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101
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

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 local board of canvassers completes the canvass, the local clerk shall certify to the local legislative body the vote for and against the 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 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 are 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 laws, or that parts of two laws approved by the people at the same election are entirely in conflict, the local legislative body 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 local legislative body issues the proclamation described in Subsection (3), any qualified voter residing in the jurisdiction for a law that is declared by the local legislative body to be superseded by another law 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 approved 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 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 the difference in majorities.

Amended by Chapter 107, 2023 General Session

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