(1)  Whenever there is presented to the county legislative body of any county a petition signed by registered voters of the county, in number equal to a majority of the votes cast at the preceding general election, praying for the submission of the question of the removal of the county seat, it shall be the duty of the county legislative body to submit the question of the removal at the next general election to the registered voters of the county.

Terms Used In Utah Code 17-11-2

  • County legislative body: means :Utah Code 68-3-12.5
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
    • (2) 

    (a)  Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.

    (b)  Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (2)(a), the county clerk shall:

    (i)  use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1);

    (ii)  certify on the petition whether each name is that of a registered voter in the county; and

    (iii)  deliver the certified petition to the county legislative body.

    (3) 

    (a)  A voter who signs a petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.

    (b)  A statement described in Subsection (3)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).

    (c)  The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.

    (4)  The election shall be conducted and the returns canvassed in all respects as provided by law for the conducting of general elections and canvassing the returns.

    (5)  A proposition of removal of the county seat may not be submitted in the same county more than once in four years, or within four years after the day on which a proposition of removal of the county seat is submitted.

    Amended by Chapter 116, 2023 General Session

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