“Approved device” means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process.
Terms Used In Utah Code 20A-7-101
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
Budget officer: means :
(a)
for a county, the person designated as finance officer as defined in Section 17-36-3;
(b)
for a city, the person designated as budget officer in Subsection 10-6-106(4);
(c)
for a town, the town council; or
(d)
for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located. See Utah Code 20A-7-101
Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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
Electronic initiative process: means :
(a)
as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
Initiative application: means :
(a)
for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
(b)
for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). See Utah Code 20A-7-101
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.
Land use law: means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution. See Utah Code 20A-7-101
Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
Legally referable to voters: means :
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. See Utah Code 20A-7-101
Local law: includes :
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section 10-9a-103; or
(v)
other legislative action of a local legislative body. 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
Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
Manual referendum process: means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
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 application: means :
(a)
for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
(b)
for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). 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
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. See Utah Code 20A-7-101
Standard local ballot proposition: means a local ballot proposition for an initiative or a referendum. See Utah Code 20A-7-101
Tax percentage difference: means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate. See Utah Code 20A-7-101
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
for a county, the person designated as finance officer as defined in Section 17-36-3;
(b)
for a city, the person designated as budget officer in Subsection 10-6-106(4);
(c)
for a town, the town council; or
(d)
for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located.
(3)
“Certified” means that the county clerk has acknowledged a signature as being the signature of a registered voter.
(4)
“Circulation” means the process of submitting an initiative petition or a referendum petition to legal voters for their signature.
(5)
“Electronic initiative process” means:
(a)
as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
(b)
as it relates to a local initiative, the process, described in Sections 20A-7-514 and 20A-21-201, for gathering signatures.
(6)
“Electronic referendum process” means:
(a)
as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or
(b)
as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201, for gathering signatures.
(7)
“Eligible voter” means a legal voter who resides in the jurisdiction of the county, city, or town that is holding an election on a ballot proposition.
(8)
“Final fiscal impact statement” means a financial statement prepared after voters approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or 20A-7-502.5(2).
(9)
“Initial fiscal impact statement” means a financial statement prepared under Section 20A-7-202.5 after the filing of a statewide initiative application.
(10)
“Initial fiscal impact and legal statement” means a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local referendum.
(11)
“Initiative” means a new law proposed for adoption by the public as provided in this chapter.
(12)
“Initiative application” means:
(a)
for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
(b)
for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2).
(13)
“Initiative packet” means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit.
(14)
“Initiative petition”:
(a)
as it relates to a statewide initiative, using the manual initiative process:
(i)
means the form described in Subsection 20A-7-203(2)(a), petitioning for submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-203(2)(b);
(b)
as it relates to a statewide initiative, using the electronic initiative process:
(i)
means the form described in Subsections 20A-7-215(2) and (3), petitioning for submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-215(5)(b);
(c)
as it relates to a local initiative, using the manual initiative process:
(i)
means the form described in Subsection 20A-7-503(2)(a), petitioning for submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-503(2)(b); or
(d)
as it relates to a local initiative, using the electronic initiative process:
(i)
means the form described in Subsection 20A-7-514(2)(a), petitioning for submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in Subsection 20A-7-514(4)(a).
(15)
(a)
“Land use law” means a law of general applicability, enacted based on the weighing of broad, competing policy considerations, that relates to the use of land, including land use regulation, a general plan, a land use development code, an annexation ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or resolution.
(b)
“Land use law” does not include a land use decision, as defined in Section 10-9a-103 or 17-27a-103.
(16)
“Legal signatures” means the number of signatures of legal voters that:
(a)
meet the numerical requirements of this chapter; and
(b)
have been obtained, certified, and verified as provided in this chapter.
(17)
“Legal voter” means an individual who is registered to vote in Utah.
(18)
“Legally referable to voters” means:
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502.7; or
(b)
for a proposed local referendum, that the proposed local referendum is legally referable to voters under Section 20A-7-602.7.
(19)
“Local attorney” means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated.
(20)
“Local clerk” means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated.
(21)
(a)
“Local law” includes:
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section 10-9a-103; or
(v)
other legislative action of a local legislative body.
(b)
“Local law” does not include a land use decision, as defined in Section 10-9a-103.
(22)
“Local legislative body” means the legislative body of a county, city, town, or metro township.
(23)
“Local obligation law” means a local law passed by the local legislative body regarding a bond that was approved by a majority of qualified voters in an election.
(24)
“Local tax law” means a law, passed by a political subdivision with an annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
(25)
“Manual initiative process” means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs.
(26)
“Manual referendum process” means the process for gathering signatures for a referendum using paper signature packets that a signer physically signs.
(27)
“Measure” means a proposed constitutional amendment, an initiative, or referendum.
(28)
“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.
(29)
“Referendum application” means:
(a)
for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
(b)
for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2).
(30)
“Referendum packet” means a copy of the referendum petition, a copy of the law being submitted or referred to the voters for their approval or rejection, and the signature sheets, all of which have been bound together as a unit.
(31)
“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.
(32)
“Signature”:
(a)
for a statewide initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet described in Section 20A-7-203; and
(B)
does not include an electronic signature;
(b)
for a statewide referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet described in Section 20A-7-303; and
(B)
does not include an electronic signature;
(c)
for a local initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet described in Section 20A-7-503; and
(B)
does not include an electronic signature; or
(d)
for a local referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet described in Section 20A-7-603; and
(B)
does not include an electronic signature.
(33)
“Signature sheets” means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum.
(34)
“Special local ballot proposition” means a local ballot proposition that is not a standard local ballot proposition.
(35)
“Sponsors” means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application.
(36)
(a)
“Standard local ballot proposition” means a local ballot proposition for an initiative or a referendum.
(b)
“Standard local ballot proposition” does not include a property tax referendum described in Section 20A-7-613.
(37)
“Tax percentage difference” means the difference between the tax rate proposed by an initiative or an initiative petition and the current tax rate.
(38)
“Tax percentage increase” means a number calculated by dividing the tax percentage difference by the current tax rate and rounding the result to the nearest thousandth.
(39)
“Verified” means acknowledged by the person circulating the petition as required in Section 20A-7-105.
Amended by Chapter 107, 2023 General Session Amended by Chapter 116, 2023 General Session
