20A-7-604. Manual referendumprocess — Circulation requirements — Local clerk to provide sponsors with materials.
(1)
This section applies only to the manual referendum process.
Terms Used In Utah Code 20A-7-604
Circulation: means the process of submitting an initiative petition or a referendum petition to legal voters for their signature. 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
Legally referable to voters: means :
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 20A-7-502. 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 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
Process: means a writ or summons issued in the course of a judicial proceeding. See 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 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
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Signature sheets: means sheets in the form required by this chapter that are used under the manual initiative process or the manual referendum process to collect signatures in support of an initiative or referendum. 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
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors or an agent of the sponsors shall, after the sponsors receive the documents described in Subsections (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the form requirements of this part.
(3)
Within five days after the day on which a county, city, town, metro township, or court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is legally referable to voters, the local clerk shall provide the sponsors with a copy of the referendum petition and a signature sheet.
(4)
The sponsors of the referendum petition shall:
(a)
arrange and pay for the printing of all documents that are part of the referendum packets; and
(b)
ensure that the referendum packets and the documents described in Subsection (4)(a) meet the form requirements of this section.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the referendum packets for circulation by creating multiple referendum packets.
(b)
The sponsors or an agent of the sponsors shall create referendum packets by binding a copy of the referendum petition with the text of the law that is the subject of the referendum and no more than 50 signature sheets together at the top in a manner that the referendum packets may be conveniently opened for signing.
(c)
A referendum packet is not required to have a uniform number of signature sheets.
(d)
The sponsors or an agent of the sponsors shall include, with each packet, a copy of the proposition information pamphlet provided to the sponsors under Subsection 20A-7-401.5(4)(b).
(6)
(a)
The sponsors or an agent of the sponsors shall, before gathering signatures:
(i)
contact the county clerk to receive a range of numbers that the sponsors may use to number referendum packets;
(ii)
sign an agreement with the local clerk, specifying the range of numbers that the sponsor will use to number the referendum packets; and
(iii)
number each referendum packet, sequentially, within the range of numbers provided by the county clerk, starting with the lowest number in the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number a referendum packet in a manner not directed by the county clerk; or
(ii)
circulate or submit a referendum packet that is not numbered in the manner directed by the county clerk.
