20A-7-207.   Evaluation by the lieutenant governor.
     (1) When each initiative packet is received from a county clerk, the lieutenant governor shall check off from his record the number of each initiative packet filed.
     (2) (a) After all of the initiative packets have been received by the lieutenant governor, the lieutenant governor shall:
     (i) count the number of the names certified by the county clerks that appear on each verified signature sheet; and
     (ii) declare the petition to be sufficient or insufficient by June 1 before the regular general election.
     (b) If the total number of certified names from each verified signature sheet equals or exceeds the number of names required by Section 20A-7-201, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
     (c) If the total number of certified names from each verified signature sheet does not equal or exceed the number of names required by Section 20A-7-201, the lieutenant governor shall mark upon the front of the petition the word "insufficient."
     (d) The lieutenant governor shall immediately notify any one of the sponsors of his finding.
     (3) Once a petition is declared insufficient, the sponsors may not submit additional signatures to qualify the petition for the pending regular general election.
     (4) (a) If the lieutenant governor refuses to accept and file any initiative petition that a sponsor believes is legally sufficient, any voter may, by June 15, apply to the supreme court for an extraordinary writ to compel the lieutenant governor to do so.
     (b) The supreme court shall:
     (i) determine whether or not the initiative petition is legally sufficient; and
     (ii) certify its findings to the lieutenant governor by July 30.
     (c) If the supreme court certifies that the initiative petition is legally sufficient, the lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the date on which it was originally offered for filing in his office.
     (d) If the supreme court determines that any petition filed is not legally sufficient, the supreme court may enjoin the lieutenant governor and all other officers from certifying or printing the ballot title and numbers of that measure on the official ballot for the next election.

Amended by Chapter 237, 2008 General Session
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Last revised: Thursday, May 28, 2009