(1) Within 20 days after the day on which an eligible voter files an initiative application under Section 20A-7-502, counsel for the county, city, or town to which the initiative pertains shall:

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Terms Used In Utah Code 20A-7-502.7

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
  • Initiative application: means :
         (12)(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-202(2); or
         (12)(b) for a local initiative, an application described in Subsection 20A-7-502(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-502(2). 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.
  • Legally referable to voters: means :
         (18)(a) for a proposed local initiative, that the proposed local initiative is legally referable to voters under Section 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
  • 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
  • Voter: means an individual who:
         (79)(a) meets the requirements for voting in an election;
         (79)(b) meets the requirements of election registration;
         (79)(c) is registered to vote; and
         (79)(d) is listed in the official register book. See Utah Code 20A-1-102
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) review the proposed law that is the subject of the initiative application to determine whether the law is legally referable to voters; and
     (1)(b) notify the first three sponsors, in writing, whether the proposed law is:

          (1)(b)(i) legally referable to voters; or
          (1)(b)(ii) rejected as not legally referable to voters.
(2) A proposed law that is the subject of an initiative application is legally referable to voters unless:

     (2)(a) the proposed law:

          (2)(a)(i) is patently unconstitutional;
          (2)(a)(ii) is nonsensical;
          (2)(a)(iii) is administrative, rather than legislative, in nature;
          (2)(a)(iv) could not become law if passed;
          (2)(a)(v) contains more than one subject as evaluated in accordance with Subsection 20A-7-502(3); or
     (2)(b) is identical or substantially similar to a legally referable proposed law sought by an initiative application submitted to the local clerk, under Section 20A-7-502, within two years before the day on which the initiative application for the current proposed law is filed;
     (2)(c) the subject of the proposed law is not clearly expressed in the law’s title; or
     (2)(d) the initiative 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:

     (3)(a) reject a proposed initiative as not legally referable to voters; or
     (3)(b) bring a legal action, other than to appeal a court decision, challenging a proposed initiative on the grounds that the proposed initiative is not legally referable to voters.
(4) If a county, city, or town rejects a proposed initiative, a sponsor of the proposed initiative may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), appeal the decision to:

     (4)(a) district court; or
     (4)(b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
(5) If, on appeal, the court determines that the law proposed by the initiative application is legally referable to voters, the local clerk shall comply with Subsection 20A-7-504(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 appeal of the determination, is final.

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