20A-7-501. Initiatives — Signature requirements — Time requirements.
(1)
As used in this section:
Terms Used In Utah Code 20A-7-501
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.
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
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
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
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
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Municipality: means a city, town, or metro township. 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
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
“Number of active voters” means the number of active voters in the county, city, or town on the immediately preceding January 1.
(b)
“Voter participation area” means an area described in Subsection 20A-7-401.3(1)(a) or (2)(b).
(2)
An eligible voter seeking to have an initiative submitted to a local legislative body or to a vote of the people for approval or rejection shall, after filing an initiative application, obtain legal signatures equal to:
(a)
for a county of the first class:
(i)
7.75% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 7.75% of the number of active voters in at least 75% of the county’s voter participation areas;
(b)
for a metro township with a population of 100,000 or more, or a city of the first class:
(i)
7.5% of the number of active voters in the metro township or city; and
(ii)
beginning on January 1, 2020, 7.5% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
(c)
for a county of the second class:
(i)
8% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 8% of the number of active voters in at least 75% of the county’s voter participation areas;
(d)
for a metro township with a population of 65,000 or more but less than 100,000, or a city of the second class:
(i)
8.25% of the number of active voters in the metro township or city; and
(ii)
beginning on January 1, 2020, 8.25% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
(e)
for a county of the third class:
(i)
9.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 9.5% of the number of active voters in at least 75% of the county’s voter participation areas;
(f)
for a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:
(i)
10% of the number of active voters in the metro township or city; and
(ii)
beginning on January 1, 2020, 10% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
(g)
for a county of the fourth class:
(i)
11.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the county’s voter participation areas;
(h)
for a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:
(i)
11.5% of the number of active voters in the metro township or city; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
(i)
for a metro township with a population of 1,000 or more but less than 10,000, a city of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro township, city, or county; or
(j)
for a metro township with a population of less than 1,000, a town, or a county of the sixth class, 35% of the number of active voters in the metro township, town, or county.
(3)
If the total number of certified signatures collected for the initiative petition equals or exceeds the number of signatures required by this section, the clerk or recorder shall deliver the proposed law to the local legislative body at the local legislative body’s next meeting.
(4)
(a)
The local legislative body shall either adopt or reject the proposed law without change or amendment within 30 days after the day on which the local legislative body receives the proposed law under Subsection (3).
(b)
The local legislative body may:
(i)
adopt the proposed law and refer the proposed law to the people;
(ii)
adopt the proposed law without referring the proposed law to the people; or
(iii)
reject the proposed law.
(c)
If the local legislative body adopts the proposed law but does not refer the proposed law to the people, the proposed law is subject to referendum as with other local laws.
(d)
(i)
If a county legislative body rejects a proposed law, or takes no action on a proposed law, the county clerk shall submit the proposed law to the voters of the county at the next regular general election immediately after the initiative application for the proposed law is filed under Section 20A-7-502.
(ii)
If a local legislative body of a municipality rejects a proposed law, or takes no action on a proposed law, the municipal recorder or clerk shall submit the proposed law to the voters of the municipality at the next municipal general election immediately after the initiative application is filed under Section 20A-7-502.
(e)
(i)
If a local legislative body rejects a proposed law, or takes no action on a proposed law, the local legislative body may adopt a competing local law.
(ii)
The local legislative body shall prepare and adopt the competing local law within the 30-day period described in Subsection (4)(a).
(iii)
If a local legislative body adopts a competing local law, the clerk or recorder shall refer the competing local law to the voters of the county or municipality at the same election at which the law proposed by initiative is submitted under Subsection (4)(d).
(f)
If conflicting local laws are submitted to the people at the same election and two or more of the conflicting measures are approved by the people, the proposed law that receives the greatest number of affirmative votes shall control all conflicts.
