(1) This section applies only to the electronic referendum process.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 20A-7-616

  • Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
  • Electronic referendum process: means :
         (6)(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313 and 20A-21-201, for gathering signatures; or
         (6)(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and 20A-21-201, for gathering signatures. See Utah Code 20A-7-101
  • 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
  • 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 petition: means :
         (32)(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;
         (32)(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;
         (32)(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
         (32)(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
  • 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
  • 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
(2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8, that the referendum is legally referable to voters.
(3) The local clerk shall send to each individual who provides a valid email address during the signature-gathering process an email that includes the following:

     (3)(a) the subject of the email shall include the following statement, “Notice Regarding Your Petition Signature”; and
     (3)(b) the body of the email shall include the following statement in 12-point type:

     “You signed a petition for the following referendum:

     [insert title of referendum]

     To access a copy of the referendum petition, the law that is the subject of the referendum petition, and information on the deadline for removing your signature from the referendum petition, please visit the following link: [insert a uniform resource locator that takes the individual directly to the page on the lieutenant governor’s website that includes the information referred to in the email].”

(4) Except as provided in Subsection (5), the county clerk shall, within two business days after the day on which the signature of an individual who signs a referendum petition is certified under Section 20A-21-201, post the name, voter identification number, and date of signature of the individual on the lieutenant governor’s website, in a conspicuous location designated by the lieutenant governor, for at least 45 days.
(5)

     (5)(a) If the local clerk timely receives a statement requesting signature removal under Subsection 20A-7-615(4), the local clerk shall:

          (5)(a)(i) ensure that the voter’s name, voter identification number, and date of signature are not included in the posting described in Subsection (4); and
          (5)(a)(ii) remove the voter’s signature from the referendum petition and the signature totals.
     (5)(b) The local clerk shall comply with Subsection (5)(a) before the later of:

          (5)(b)(i) the deadline described in Subsection (4); or
          (5)(b)(ii) two business days after the day on which the county clerk receives a statement requesting signature removal under Subsection 20A-7-615(4).
  Previous section
Next section  
 Part 6 Contents