H.B. 274

1

REFERENDUM PROCEDURE
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Hogue
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions of the Election Code related to referendum procedures.
9 Highlighted Provisions:
10 This bill:
11 . provides a procedure for the certification of state and local referendum applications;
12 . clarifies that the lieutenant governor or local clerk is required to prepare and provide
13 a referendum petition and petition signature pages that meet the requirements of the
14 referendum law;
15 . prohibits the lieutenant governor or local clerk from invalidating a referendum
16 petition or signature sheets based on a failure to meet the requirements of the
17 referendum law if the petition and signature sheets match those prepared by the
18 lieutenant governor or local clerk;
19 . requires the lieutenant governor or local clerk to provide a referendum petition and
20 petition signature sheets within three working days after the date the referendum
21 application is filed; and
22 . permits the Supreme Court to either enforce or enjoin certification of the
23 referendum for the ballot if an action is brought by a voter.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 20A-7-302, as last amended by Chapter 153, Laws of Utah 1995
31 20A-7-304, as last amended by Chapter 153, Laws of Utah 1995
32 20A-7-307, as last amended by Chapters 153 and 165, Laws of Utah 1995
33 20A-7-602, as last amended by Chapter 3, Laws of Utah 2000
34 20A-7-604, as enacted by Chapter 272, Laws of Utah 1994
35 20A-7-607, as last amended by Chapter 165, Laws of Utah 1995
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-7-302 is amended to read:
39 20A-7-302. Referendum process -- Application procedures -- Certification of
40 application.
41 (1) Persons wishing to circulate a referendum petition shall file an application with the
42 lieutenant governor within five calendar days after the end of the legislative session at which
43 the law passed.
44 (2) The application shall contain:
45 (a) the name and residence address of at least five sponsors of the referendum petition;
46 (b) a certification indicating that each of the sponsors:
47 (i) is a voter; and
48 (ii) has voted in a regular general election in Utah within the last three years;
49 (c) the signature of each of the sponsors, attested to by a notary public; and
50 (d) a copy of the law that is subject to the referendum.
51 (3) At the time a sponsor submits a referendum application:
52 (a) the lieutenant governor shall certify that the application meets the requirements of
53 Subsection (2) and file the application; or
54 (b) if the application does not meet the requirements of Subsection (2), the lieutenant
55 governor shall:
56 (i) identify the corrections that must be made in order to meet the requirements of
57 Subsection (2); and
58 (ii) immediately file the application after the sponsor makes the required corrections.

59 (4) After a referendum application is filed with the lieutenant governor, there is a
60 presumption that the application meets the requirements of Subsection (2) and qualifies for a
61 referendum, which presumption is rebuttable only upon showing by clear and convincing
62 evidence that the application is deficient.
63 Section 2. Section 20A-7-304 is amended to read:
64 20A-7-304. Circulation requirements -- Lieutenant governor to provide sponsors
65 with materials.
66 (1) In order to obtain the necessary number of signatures required by this part, the
67 sponsors shall circulate referendum packets that meet the form requirements of this part.
68 (2) [The] Within three working days after the date that the referendum application was
69 filed, the lieutenant governor shall:
70 (a) prepare a referendum petition and a signature sheet that meet the requirements of
71 this part; and
72 (b) furnish to the sponsors:
73 [(a)] (i) a copy of the referendum petition; and
74 [(b)] (ii) a signature sheet.
75 (3) The sponsors of the petition shall:
76 (a) arrange and pay for the printing of all additional copies of the petition and signature
77 sheets; and
78 (b) ensure that the copies of the petition and signature sheets meet the form
79 requirements of this section.
80 (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
81 referendum packets.
82 (b) The sponsors shall create those packets by binding a copy of the referendum
83 petition, a copy of the law that is the subject of the referendum, and no more than 50 signature
84 sheets together at the top in such a way that the packets may be conveniently opened for
85 signing.
86 (c) The sponsors need not attach a uniform number of signature sheets to each
87 referendum packet.
88 (5) (a) After the sponsors have prepared sufficient referendum packets, they shall
89 return them to the lieutenant governor.

90 (b) The lieutenant governor shall:
91 (i) number each of the referendum packets and return them to the sponsors within five
92 working days; and
93 (ii) keep a record of the numbers assigned to each packet.
94 Section 3. Section 20A-7-307 is amended to read:
95 20A-7-307. Evaluation by the lieutenant governor.
96 (1) When each referendum packet is received from a county clerk, the lieutenant
97 governor shall check off from his record the number of each referendum packet filed.
98 (2) (a) After all of the referendum packets have been received by the lieutenant
99 governor, the lieutenant governor shall:
100 (i) count the number of the names certified by the county clerks that appear on each
101 verified signature sheet; and
102 (ii) declare the petition to be sufficient or insufficient no later than 60 days after the
103 end of the legislative session at which the law passed.
104 (b) If the total number of certified names from each verified signature sheet equals or
105 exceeds the number of names required by Section 20A-7-301 , the lieutenant governor shall
106 mark upon the front of the petition the word "sufficient."
107 (c) If the total number of certified names from each verified signature sheet does not
108 equal or exceed the number of names required by Section 20A-7-301 , the lieutenant governor
109 shall mark upon the front of the petition the word "insufficient."
110 (d) The lieutenant governor shall immediately notify any one of the sponsors of his
111 finding.
112 (3) (a) If the lieutenant governor refuses to [accept and file any referendum petition]
113 certify the referendum for the ballot, any voter may apply to the Supreme Court for an
114 extraordinary writ to compel him to do so within ten days after the refusal.
115 (b) If the Supreme Court determines that the referendum [petition is legally sufficient,
116 the lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
117 date on which it was originally offered for filing in his office] meets the legal requirements to
118 be placed on the ballot, the Supreme Court shall order the lieutenant governor and all other
119 officers to certify and print the ballot title and numbers of that measure on the official ballot for
120 the next election.

121 (c) If the Supreme Court determines that [any petition filed is not legally sufficient] the
122 referendum does not meet the legal requirements to be placed on the ballot, the Supreme Court
123 [may] shall enjoin the lieutenant governor and all other officers from certifying or printing the
124 ballot title and numbers of that measure on the official ballot for the next election.
125 Section 4. Section 20A-7-602 is amended to read:
126 20A-7-602. Local referendum process -- Application procedures -- Certification
127 of application.
128 (1) Persons wishing to circulate a referendum petition shall file an application with the
129 local clerk.
130 (2) The application shall contain:
131 (a) the name and residence address of at least five sponsors of the referendum petition;
132 (b) a certification indicating that each of the sponsors:
133 (i) is a resident of Utah; and
134 (ii) (A) if the referendum challenges a county ordinance, has voted in a regular general
135 election in Utah within the last three years; or
136 (B) if the referendum challenges a municipal ordinance, has voted in a regular
137 municipal election in Utah within the last three years;
138 (c) the signature of each of the sponsors, attested to by a notary public; and
139 (d) one copy of the law that is subject to the referendum.
140 (3) At the time a sponsor submits a referendum application:
141 (a) the local clerk shall certify that the application meets the requirements of
142 Subsection (2) and file the application; or
143 (b) if the application does not meet the requirements of Subsection (2), the local clerk
144 shall:
145 (i) identify the corrections that must be made in order to meet the requirements of
146 Subsection (2); and
147 (ii) immediately file the application after the sponsor has made the required
148 corrections.
149 (4) After a referendum application is filed with the local clerk, there is a presumption
150 that the application meets the requirements of Subsection (2) and qualifies for a referendum,
151 which presumption is rebuttable only upon a showing by clear and convincing evidence that the

152 application is deficient.
153 Section 5. Section 20A-7-604 is amended to read:
154 20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
155 materials.
156 (1) In order to obtain the necessary number of signatures required by this part, the
157 sponsors shall circulate referendum packets that meet the form requirements of this part.
158 (2) [The] Within three working days after the date that the referendum application was
159 filed, the local clerk shall:
160 (a) prepare a referendum petition and signature sheets that meet the requirements of
161 this part; and
162 (b) furnish to the sponsors:
163 [(a)] (i) five copies of the referendum petition; and
164 [(b)] (ii) five signature sheets.
165 (3) The sponsors of the petition shall:
166 (a) arrange and pay for the printing of all additional copies of the petition and signature
167 sheets; and
168 (b) ensure that the copies of the petition and signature sheets meet the form
169 requirements of this section.
170 (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
171 referendum packets.
172 (b) The sponsors shall create those packets by binding a copy of the referendum
173 petition, a copy of the law that is the subject of the referendum, and no more than 50 signature
174 sheets together at the top in such a way that the packets may be conveniently opened for
175 signing.
176 (c) The sponsors need not attach a uniform number of signature sheets to each
177 referendum packet.
178 (5) (a) After the sponsors have prepared sufficient referendum packets, they shall
179 return them to the local clerk.
180 (b) The local clerk shall:
181 (i) number each of the referendum packets and return them to the sponsors within five
182 working days; and

183 (ii) keep a record of the numbers assigned to each packet.
184 Section 6. Section 20A-7-607 is amended to read:
185 20A-7-607. Evaluation by the local clerk.
186 (1) When each referendum packet is received from a county clerk, the local clerk shall
187 check off from his record the number of each referendum packet filed.
188 (2) (a) After all of the referendum packets have been received by the local clerk, the
189 local clerk shall count the number of the names certified by the county clerks that appear on
190 each verified signature sheet.
191 (b) If the total number of certified names from each verified signature sheet equals or
192 exceeds the number of names required by Section 20A-7-601 , the local clerk shall mark upon
193 the front of the petition the word "sufficient."
194 (c) If the total number of certified names from each verified signature sheet does not
195 equal or exceed the number of names required by Section 20A-7-601 , the local clerk shall mark
196 upon the front of the petition the word "insufficient."
197 (d) The local clerk shall immediately notify any one of the sponsors of his finding.
198 (3) If the local clerk finds the total number of certified signatures from each verified
199 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
200 for a recount of the signatures appearing on the referendum petition in the presence of any
201 sponsor.
202 (4) (a) If the local clerk refuses to [accept and file any referendum petition] certify the
203 referendum for the ballot, any voter may apply to the Supreme Court for an extraordinary writ
204 to compel him to do so within ten days after the refusal.
205 (b) If the Supreme Court determines that the referendum [petition is legally sufficient,
206 the local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on
207 which it was originally offered for filing in his office] meets the legal requirements to be placed
208 on the ballot, the Supreme Court shall order the local clerk and all other officers to certify and
209 print the ballot title and numbers of that measure on the official ballot for the next election.
210 (c) If the Supreme Court determines that [any petition filed is not legally sufficient] the
211 referendum does not meet the legal requirements to be placed on the ballot, the Supreme Court
212 [may] shall enjoin the local clerk and all other officers from certifying or printing the ballot
213 title and numbers of that measure on the official ballot for the next election.

Legislative Review Note
as of 1-26-05 4:39 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel