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 the state 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 ten 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the initiative petition proposing the law that is declared by the governor to be superseded by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) immediately consider the matter and decide whether or not the proposed laws are in
conflict; and
(B) within ten days after the matter is submitted to it for decision, certify its decision to
the governor.
(4) Within 30 days after his previous proclamation, 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.
Enacted by Chapter 1, 1994 General Session
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Last revised: Thursday, May 28, 2009