20A-7-307. Evaluation by the lieutenant governor.
(1) When each referendum packet is received from a county clerk, the lieutenant
governor shall check off from his record the number of each referendum packet filed.
(2) (a) After all of the referendum 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 no later than 60 days after the end
of the legislative session at which the law passed.
(b) If the total number of certified names from each verified signature sheet equals or
exceeds the number of names required by Section 20A-7-301, 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-7-301, 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) (a) If the lieutenant governor refuses to accept and file any referendum petition, any
voter may apply to the supreme court for an extraordinary writ to compel him to do so within ten
days after the refusal.
(b) If the supreme court determines that the referendum 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.
(c) 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 153, 1995 General Session
Amended by Chapter 165, 1995 General Session
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Last revised: Thursday, May 28, 2009