Title 20A Chapter 7 Section 211

Election Code
Issues Submitted to the Voters
Section 211
Return and canvass -- Conflicting measures -- Law effective on proclamation.

            

20A-7-211.   Return and canvass -- Conflicting measures -- Law effective on proclamation.

            (1) The votes on the law proposed by the initiative petition shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.

            (2) After the state board of canvassers completes its canvass, the lieutenant governor shall certify to the governor the vote for and against the law proposed by the initiative petition.

            (3) (a) The governor shall immediately issue a proclamation that:

            (i) gives the total number of votes cast in the state for and against each law proposed by an initiative petition; and

            (ii) declares those laws proposed by an initiative petition that were approved by majority vote to be in full force and effect as the law of Utah.

            (b) When the governor believes that two proposed laws, or that parts of two proposed laws approved by the people at the same election are entirely in conflict, he shall proclaim that measure to be law that has received the greatest number of affirmative votes, regardless of the difference in the majorities which those measures have received.

            (c) (i) Within 10 days after the governor's proclamation, any qualified voter who signed the initiative petition proposing the law that is declared by the governor to be superseded by another measure approved at the same election may apply to the Supreme Court to review the governor's decision.

            (ii) The court shall:

            (A) consider the matter and decide whether or not the proposed laws are in conflict; and

            (B) certify its decision to the governor.

            (4) Within 10 days after the Supreme Court certifies its decision, the governor shall:

            (a) proclaim all those measures approved by the people as law that the Supreme Court has determined are not in conflict; and

            (b) of all those measures approved by the people as law that the Supreme Court has determined to be in conflict, proclaim as law the one that received the greatest number of affirmative votes, regardless of difference in majorities.


Amended by Chapter 367, 2010 General Session