Utah Code 20A-7-204. Manual initiative process — Circulation requirements — Lieutenant governor to provide sponsors with materials
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(1) This section applies only to the manual initiative process.
Terms Used In Utah Code 20A-7-204
- 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
- Initial fiscal impact statement: means a financial statement prepared under Section
Utah Code 20A-7-101 - 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
(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 Subsection (3), circulate initiative packets that meet the form requirements of this part.
(3) The lieutenant governor shall provide the sponsors with a copy of the initiative petition and a signature sheet within three days after the day on which the following conditions are fulfilled:
(3)(a) the sponsors hold the final hearing required under Section 20A-7-204.1 ;
(3)(b) the sponsors provide to the Office of the Lieutenant Governor the video tape, audio tape, or comprehensive minutes described in Subsection 20A-7-204.1 (4) for each public hearing described in Section 20A-7-204.1 ;
(3)(c)
(3)(c)(i) the sponsors give written notice to the Office of the Lieutenant Governor that the sponsors waive the opportunity to change the text of the proposed law under Subsection 20A-7-204.1 (5);
(3)(c)(ii) the deadline, described in Subsection 20A-7-204.1 (5)(a), for changing the text of the proposed law passes without the sponsors filing an application addendum in accordance with Subsection 20A-7-204.1 (5); or
(3)(c)(iii) if the sponsors file an application addendum in accordance with Subsection 20A-7-204.1 (5), the Office of the Legislative Fiscal Analyst provides to the Office of the Lieutenant Governor:
(3)(c)(iii)(A) an updated initial fiscal impact statement, in accordance with Subsection 20A-7-204.1 (5)(b); or
(3)(c)(iii)(B) a written notice indicating that no changes to the initial fiscal impact statement are necessary;
(3)(d)
(3)(d)(i) the sponsors give written notice to the Office of the Lieutenant Governor that the sponsors waive the opportunity to:
(3)(d)(i)(A) challenge the initial fiscal impact statement in court; and
(3)(d)(i)(B) if applicable, challenge the updated initial fiscal impact statement in court;
(3)(d)(ii) the deadline, described in Subsection 20A-7-202.5 (4)(a)(i), for:
(3)(d)(ii)(A) challenging the initial fiscal impact statement in court passes without the sponsors filing a petition to challenge; and
(3)(d)(ii)(B) if applicable, challenging the updated initial fiscal impact statement in court passes without the sponsors filing a petition to challenge; or
(3)(d)(iii) if the sponsors timely file a petition challenging the initial fiscal impact statement in court or, if applicable, the updated initial fiscal impact statement in court, and the court’s decision becomes final; and
(3)(e) the sponsors sign an agreement, under Subsection (6)(a), with the Office of the Lieutenant Governor specifying the range of numbers that the sponsors will use to number the initiative packets.
(4) The sponsors of the initiative shall:
(4)(a) arrange and pay for the printing of all documents that are part of the initiative packets; and
(4)(b) ensure that the initiative packets and the documents described in Subsection (4)(a) meet the requirements of this part.
(5)
(5)(a) The sponsors or an agent of the sponsors may prepare the initiative packets for circulation by creating multiple initiative packets.
(5)(b) The sponsors or an agent of the sponsors shall create the initiative packets by binding a copy of the initiative petition with the text of the proposed law, including any modification made under Subsection 20A-7-204.1 (5) and no more than 50 signature sheets together at the top in a manner that the initiative packets may be conveniently opened for signing.
(5)(c) An initiative packet is not required to have a uniform number of signature sheets.
(6)
(6)(a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(6)(a)(i) contact the lieutenant governor’s office to receive a range of numbers that the sponsors may use to number initiative packets;
(6)(a)(ii) sign an agreement with the Office of the Lieutenant Governor, specifying the range of numbers that the sponsors will use to number the initiative packets; and
(6)(a)(iii) number each initiative packet, sequentially, within the range of numbers provided by the lieutenant governor’s office, starting with the lowest number in the range.
(6)(b) The sponsors or an agent of the sponsors may not:
(6)(b)(i) number an initiative packet in a manner not directed by the lieutenant governor’s office; or
(6)(b)(ii) circulate or submit an initiative packet that is not numbered in the manner directed by the lieutenant governor’s office.