In relation to the manual initiativeprocess, when a local clerk receives an initiative packet from a county clerk, the local clerk shall record the number of the initiative packet received.
Terms Used In Utah Code 20A-7-507
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 initiative process: means :
(a)
as it relates to a statewide initiative, the process, described in Sections 20A-7-215 and 20A-21-201, for gathering signatures; or
Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
Initiative packet: means a copy of the initiative petition, a copy of the proposed law, and the signature sheets, all of which have been bound together as a unit. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Manual initiative process: means the process for gathering signatures for an initiative using paper signature packets that a signer physically signs. See Utah Code 20A-7-101
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
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 90 days; and
(ii)
update on the local government’s website the number of signatures certified as of the date of the update; or
(b)
in relation to the electronic initiative process:
(i)
post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-516(4) on the lieutenant governor’s website, in a conspicuous location designated by the lieutenant governor, for at least 90 days; and
(ii)
update on the local government’s website the number of signatures certified as of the date of the update.
(3)
The local clerk:
(a)
shall, except as provided in Subsection (3)(b), declare the initiative petition to be sufficient or insufficient:
(i)
in relation to the manual initiative process, no later than 21 days after the day of the applicable deadline described in Subsection 20A-7-105(5)(a)(iii); or
(ii)
in relation to the electronic initiative process, no later than 21 days after the day of the applicable deadline described in Subsection 20A-7-516(2); or
(b)
may declare the initiative petition to be insufficient before the day described in Subsection (3)(a) if:
(i)
in relation to the manual initiative process, the total of all valid signatures on timely and lawfully submitted initiative packets that have been certified by the county clerks, plus the number of signatures on timely and lawfully submitted initiative packets that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-501;
(ii)
in relation to the electronic initiative 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-7-501; 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 by Section 20A-7-501 and the requirements of this part are met, the local clerk shall mark upon the front of the initiative 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 by Section 20A-7-501 or a requirement of this part is not met, the local clerk shall mark upon the front of the initiative petition the word “insufficient.”
(c)
The local clerk shall immediately notify any one of the sponsors of the local clerk’s finding.
(d)
After an initiative petition is declared insufficient, a person may not submit additional signatures to qualify the initiative for the ballot.
(5)
If the local clerk finds the total number of certified signatures for the initiative petition to be insufficient, any sponsor may file a written demand with the local clerk for a recount of the signatures collected for the initiative petition in the presence of any sponsor.
(6)
An initiative 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
