Terms Used In Utah Code > Title 20A > Chapter 7 > Part 3 - Statewide Referenda

• Academic education: means an educational program that is offered by a degree-granting institution. See Utah Code 53B-1-101.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Allegation: something that someone says happened.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved device: means a device described in Subsection 20A-21-201(4) used to gather signatures for the electronic initiative process, the electronic referendum process, or the electronic candidate qualification process. See Utah Code 20A-7-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized guardian: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
       (4)(a) an opinion question specifically authorized by the Legislature;
       (4)(b) a constitutional amendment;
       (4)(c) an initiative;
       (4)(d) a referendum;
       (4)(e) a bond proposition;
       (4)(f) a judicial retention question;
       (4)(g) an incorporation of a city or town; or
       (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
• Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
• Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-401
• Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
• Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
• Career and technical education: means an educational program that:
       (3)(a) is designed to meet industry needs;
       (3)(b) leads to:

            (3)(b)(i) a certificate; or

            (3)(b)(ii) a degree; and
       (3)(c) may qualify for funding under the Carl D. See Utah Code 53B-1-101.5
• Certified: means that the county clerk has acknowledged a signature as being the signature of a registered voter. See Utah Code 20A-7-101
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditional gift: means a gift as defined in Subsection (4) that is subject to conditions:
       (1)(a) imposed, requested, or provided by a foreign government or foreign person; and
       (1)(b) that relate to:

            (1)(b)(i) what kinds of teachers or students may benefit from the gift; or

            (1)(b)(ii) a description of the subject matter to be taught with the support of the gift. See Utah Code 53B-1-201
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• degree-granting institution: means an institution of higher education described in Subsection 53B-1-102(1)(a). See Utah Code 53B-1-101.5
• Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 53-27-101
• Donor: The person who makes a gift.
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• 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
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 20A-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign government: means a government other than the government of:
       (2)(a) the United States;
       (2)(b) a state within the United States;
       (2)(c) a territory or possession of the United States; or
       (2)(d) a political subdivision of the United States. See Utah Code 53B-1-201
• Foreign person: means :
       (3)(a) a foreign government defined in Subsection (2);
       (3)(b) an individual who is not a citizen or national of the United States or of a territory or protectorate of the United States;
       (3)(c) a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized under the laws of a foreign government or that has its principal place of business located outside the United States;
       (3)(d) if known by the higher education institution, a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized pursuant to the laws of the United States or a state within the United States, if a majority of the stock or other equity interest is directly or indirectly owned by, or which derives a majority of its funding from:

            (3)(d)(i) a foreign government;

            (3)(d)(ii) an individual described in Subsection (3)(b); or

            (3)(d)(iii) an entity described in Subsection (3)(c) or (d); or
       (3)(e) if known by the higher education institution, a committee or other group in which a majority of the membership is composed of:

            (3)(e)(i) a foreign government;

            (3)(e)(ii) an individual described in Subsection (3)(b); or

            (3)(e)(iii) an entity described in Subsection (3)(c) or (d). See Utah Code 53B-1-201
• Gift: means an endowment, scholarship, gift, donation, or grant of money or property of any kind. See Utah Code 53B-1-201
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care professional: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
• Higher education institution: means an institution in the state system of higher education as defined in Section 53B-1-102. See Utah Code 53B-1-201
• Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
• institution: means an institution of higher education described in Section 53B-1-102. See Utah Code 53B-1-401
• Institution board of trustees: means :
       (6)(a) an institution of higher education board of trustees described in Section 53B-2-103; or
       (6)(b) a technical college board of trustees described in Section 53B-2a-108. See Utah Code 53B-1-101.5
• Invisible condition: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
• Invisible condition alert program: means the voluntary disclosure of an invisible condition in accordance with Section 53-27-102 or Subsection 41-1a-213(6), 53-3-207(4), or 53-3-805(5). See Utah Code 53-27-101
• 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.
• Law enforcement agency: means an entity or division of:
            (1)(e)(i)

                 (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;

                 (1)(e)(i)(B) a state institution of higher education; or

                 (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
            (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal signatures: means the number of signatures of legal voters that:
       (16)(a) meet the numerical requirements of this chapter; and
       (16)(b) have been obtained, certified, and verified as provided in this chapter. See Utah Code 20A-7-101
• Legal voter: means an individual who is registered to vote in Utah. See Utah Code 20A-7-101
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Majority leader: see Floor Leaders
• 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
• Measure: means a proposed constitutional amendment, an initiative, or referendum. See Utah Code 20A-7-101
• Minority leader: See Floor Leaders
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
• Quorum: The number of legislators that must be present to do business.
• 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 application: means :
       (30)(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
       (30)(b) for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). 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 :
       (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
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restricted foreign entity: means :
       (6)(a) a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;
       (6)(b) any affiliate of a company described in Subsection (6)(a);
       (6)(c) the country with a commercial or defense industrial base of which a company described in Subsection (6)(a) is a part; or
       (6)(d) any subsidiary of a company described in Subsection (6)(a) or a country described in Subsection (6)(c). See Utah Code 53B-1-201
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. 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
• Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
• 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
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
• Statute: A law passed by a legislature.
• Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
• Technical education: means career and technical education that:
            (8)(a)(i) leads to a certificate; or
            (8)(a)(ii) is short-term training. See Utah Code 53B-1-101.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Verified: means acknowledged by the person circulating the petition as required in Section 20A-7-105. See Utah Code 20A-7-101
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• 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