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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Within 20 days after the day on which an eligible voter files a referendum application under Section 20A-7-602 for a local law other than a land use law, counsel for the county, city, or town to which the referendum pertains shall:
(a) review the referendum application to determine whether the proposed referendum is legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) For a local law other than a land use law, a proposed referendum is legally referable to voters unless:
(a) the proposed referendum challenges an action that is administrative, rather than legislative, in nature;
(b) the proposed referendum challenges more than one law passed by the local legislative body; or
(c) the referendum application was not timely filed or does not comply with the requirements of this part.
(3) After the end of the 20-day period described in Subsection (1), a county, city, or town may not, for a local law other than a land use law:
(a) reject a proposed referendum as not legally referable to voters; or
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a proposed referendum on the grounds that the proposed referendum is not legally referable to voters.
(4)(a) If, under Subsection (1)(b)(ii), a county, city, or town rejects a proposed referendum concerning a local law other than a land use law, a sponsor of the proposed referendum may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision to:
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ under Subsection (4)(a)(i).
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) terminates the referendum.
(5) If, on a challenge or appeal, the court determines that the proposed referendum described in Subsection (4) is legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101, within five days after the day on which the determination, and any challenge or appeal of the determination, is final.
Cite this article: FindLaw.com - Utah Code Title 20A. Election Code § 20A-7-602.7. Referability to voters of local law other than land use law - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-20a-election-code/ut-code-sect-20a-7-602-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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