Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
with the assistance of officers of the county in which the special district is located from whom the clerk requests assistance, determine whether the petition meets the requirements of Section 17B-1-1303 and Subsection 17B-1-1304(1); and
(b)
(i)
if the clerk determines that the petition complies with the requirements, certify the petition and mail or deliver written notification of the certification to the contact sponsor; or
(ii)
if the clerk determines that the petition fails to comply with any of the requirements, reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to the contact sponsor.
(2)
For a registered voter petition, the county clerk shall determine or shall assist a board of trustees or municipal clerk or recorder with determining whether a signer is a registered voter using the procedures described in Section 20A-1-1002.
(3)
(a)
If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be amended to correct the deficiencies for which it was rejected and then refiled.
(b)
A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be used toward fulfilling the applicable signature requirement of the petition as amended under Subsection (3)(a).
(4)
The clerk shall process an amended petition filed under Subsection (3)(a) in the same manner as an original petition under Subsection (1).
(5)
(a)
A signer of a petition may withdraw or, once withdrawn, reinstate the signer’s signature at any time before the public hearing under Section 17B-1-1306 by submitting a written statement requesting withdrawal or reinstatement with the clerk.
(b)
For a registered voter petition:
(i)
a statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2); and
(ii)
the county clerk shall determine or shall assist a board of trustees or municipal clerk or recorder with determining whether to remove or reinstate the signer’s signature using the procedures described in Subsection 20A-1-1003(3).
Amended by Chapter 15, 2023 General Session Amended by Chapter 116, 2023 General Session
