20A-7-301.  Referendum — Signature requirements — Submission to voters.

(1) 

Terms Used In Utah Code 20A-7-301

  • 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
  • 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. See Utah Code 20A-7-101
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • 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 election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
  • 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
  • Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
    • (a)  A person seeking to have a law passed by the Legislature submitted to a vote of the people shall, after filing a referendum application, obtain:

    (i)  legal signatures equal to 8% of the number of active voters in the state on January 1 immediately following the last regular general election; and

    (ii)  from at least 15 Senate districts, legal signatures equal to 8% of the number of active voters in that Senate district on January 1 immediately following the last regular general election.

    (b)  When the lieutenant governor declares that a referendum petition is signed by a sufficient number of voters to meet the requirements of Subsection (1)(a), the governor shall issue an executive order that:

    (i)  directs that the referendum be submitted to the voters at the next regular general election; or

    (ii)  calls a special election according to the requirements of Section 20A-1-203 and directs that the referendum be submitted to the voters at that special election.

    • (2)  When the lieutenant governor declares that a referendum petition is signed by a sufficient number of voters, the law that is the subject of the petition does not take effect unless and until it is approved by a vote of the people at a regular general election or a statewide special election.

    (3)  The lieutenant governor shall provide the following information to any interested person:

    (a)  the number of active voters in the state on January 1 immediately following the last regular general election; and

    (b)  for each county, the number of active voters in that Senate district on January 1 immediately following the last regular general election.

    Amended by Chapter 107, 2023 General Session

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