In relation to the manual referendum process, when the lieutenant governor receives a referendum packet from a county clerk, the lieutenant governor shall record the number of the referendum packet received.
Terms Used In Utah Code 20A-7-307
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
Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
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
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
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
Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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 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. 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
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor’s website, in a conspicuous location designated by the lieutenant governor, for at least 45 days; and
(ii)
update on the lieutenant governor’s website the number of signatures certified as of the date of the update; or
(b)
in relation to the electronic referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-315(4) on the lieutenant governor’s website, in a conspicuous location designated by the lieutenant governor, for at least 45 days; and
(ii)
update on the lieutenant governor’s website the number of signatures certified as of the date of the update.
(3)
The lieutenant governor:
(a)
shall, except as provided in Subsection (3)(b), declare the referendum petition to be sufficient or insufficient 106 days after the end of the legislative session at which the law passed; or
(b)
may declare the referendum petition to be insufficient before the day described in Subsection (3)(a) if:
(i)
in relation to the manual referendum process, the total of all valid signatures on timely and lawfully submitted referendum packets that have been certified by the county clerks, plus the number of signatures on timely and lawfully submitted referendum packets that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-301;
(ii)
in relation to the electronic referendum process, the total of all timely and lawfully submitted valid signatures that have been certified by the county clerks, plus the number of timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-301; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection (3) equals or exceeds the number of names required under Section 20A-7-301, and the requirements of this part are met, the lieutenant governor shall mark upon the front of the referendum petition the word “sufficient.”
(b)
If the total number of names certified under Subsection (3) does not equal or exceed the number of names required under Section 20A-7-301 or a requirement of this part is not met, the lieutenant governor shall mark upon the front of the referendum petition the word “insufficient.”
(c)
The lieutenant governor shall immediately notify any one of the sponsors of the lieutenant governor’s finding.
(d)
After a referendum petition is declared insufficient, a person may not submit additional signatures to qualify the referendum for the ballot.
(5)
(a)
If the lieutenant governor refuses to declare a referendum petition sufficient that a voter believes is legally sufficient, the voter may, no later than 10 days after the day on which the lieutenant governor declares the petition insufficient, apply to the appropriate court for an order finding the referendum petition legally sufficient.
(b)
If the court determines that the referendum petition is legally sufficient, the lieutenant governor shall mark the referendum petition “sufficient” and consider the declaration of sufficiency effective as of the date on which the referendum petition should have been declared sufficient by the lieutenant governor’s office.
(c)
If the court determines that a referendum petition filed is not legally sufficient, the court may enjoin the lieutenant governor and all other officers from certifying or printing the ballot title and numbers of that measure on the official ballot.
(6)
A referendum petition determined to be sufficient in accordance with this section is qualified for the ballot.
Amended by Chapter 107, 2023 General Session Amended by Chapter 116, 2023 General Session Amended by Chapter 116, 2023 General Session, (Coordination Clause)
