20A-7-510.  Return and canvass — Conflicting measures — Law effective on proclamation.

(1)  The votes on the law proposed by the initiative petition shall be counted, canvassed, and delivered as provided in 3.

Terms Used In Utah Code 20A-7-510

  • Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101
  • 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
  • Voter: means an individual who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book. See Utah Code 20A-1-102
(2)  After the local board of canvassers completes the canvass, the local clerk shall certify to the local legislative body the vote for and against the law proposed by the initiative petition.

(3) 

(a)  The local legislative body shall immediately issue a proclamation that:

(i)  gives the total number of votes cast in the local jurisdiction for and against each law proposed by an initiative petition; and

(ii)  declares those laws proposed by an initiative petition that are approved by majority vote to be in full force and effect as the law of the local jurisdiction.

(b)  When the local legislative body determines that two proposed laws, or that parts of two proposed laws approved by the people at the same election are entirely in conflict, the local legislative body shall proclaim as law the initiative that received the greatest number of affirmative votes, regardless of the difference in the majorities which those initiatives have received.

(c) 

(i)  Within 10 days after the day on which the local legislative body issues the proclamation, any qualified voter who signed the initiative petition proposing the law that is declared by the local legislative body to be superseded by another initiative approved at the same election may bring an action in the appropriate court to review the decision.

(ii)  The court shall:

(A)  consider the matter and decide whether the proposed laws are entirely in conflict; and

(B)  issue an order, consistent with the court’s decision, to the local legislative body.

(4)  Within 10 days after the day on which the court enters an order under Subsection (3)(c)(ii), the local legislative body shall:

(a)  proclaim as law all initiatives approved by the people that the court determines are not in conflict; and

(b)  for the initiatives approved by the people as law that the court determines to be in conflict, proclaim as law the initiative that received the greatest number of affirmative votes, regardless of the difference in majorities.

Amended by Chapter 107, 2023 General Session

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