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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to local referenda.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends signature threshold requirements relating to a proposed referendum on a
13 county land use law; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-7-601, as last amended by Laws of Utah 2019, Chapters 203 and 255
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 20A-7-601 is amended to read:
25 20A-7-601. Referenda -- General signature requirements -- Signature
26 requirements for land use laws and subjurisdictional laws -- Time requirements.
27 (1) As used in this section:
28 (a) "Number of active voters" means the number of active voters in the county, city, or
29 town on the immediately preceding January 1.
30 (b) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
31 jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
32 (c) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
33 local legislative body that imposes a tax or other payment obligation on property in an area that
34 does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
35 or metro township.
36 (ii) "Subjurisdictional law" does not include a land use law.
37 (d) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
38 or (2)(b).
39 (2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
40 law passed by the local legislative body submitted to a vote of the people shall obtain legal
41 signatures equal to:
42 (a) for a county of the first class:
43 (i) 7.75% of the number of active voters in the county; and
44 (ii) [
45 75% of the county's voter participation areas;
46 (b) for a metro township with a population of 100,000 or more, or a city of the first
47 class:
48 (i) 7.5% of the number of active voters in the metro township or city; and
49 (ii) [
50 of the metro township's or city's voter participation areas;
51 (c) for a county of the second class:
52 (i) 8% of the number of active voters in the county; and
53 (ii) [
54 of the county's voter participation areas;
55 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
56 a city of the second class:
57 (i) 8.25% of the number of active voters in the metro township or city; and
58 (ii) [
59 75% of the metro township's or city's voter participation areas;
60 (e) for a county of the third class:
61 (i) 9.5% of the number of active voters in the county; and
62 (ii) [
63 of the county's voter participation areas;
64 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
65 city of the third class:
66 (i) 10% of the number of active voters in the metro township or city; and
67 (ii) [
68 of the metro township's or city's voter participation areas;
69 (g) for a county of the fourth class:
70 (i) 11.5% of the number of active voters in the county; and
71 (ii) [
72 75% of the county's voter participation areas;
73 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
74 city of the fourth class:
75 (i) 11.5% of the number of active voters in the metro township or city; and
76 (ii) [
77 75% of the metro township's or city's voter participation areas;
78 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
79 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
80 township, city, or county; or
81 (j) for a metro township with a population of less than 1,000, a town, or a county of the
82 sixth class, 35% of the number of active voters in the metro township, town, or county.
83 (3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
84 law or local obligation law passed by the local legislative body submitted to a vote of the
85 people shall obtain legal signatures equal to:
86 [
87 (a) for a local obligation law in a county:
88 (i) 16% of the number of active voters in the county; and
89 (ii) [
90 of the county's voter participation areas;
91 [
92 (b) for a land use law in a county, [
93 county; [
94 [
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96 (c) for a metro township with a population of 100,000 or more, or a city of the first
97 class:
98 (i) 15% of the number of active voters in the metro township or city; and
99 (ii) [
100 of the metro township's or city's voter participation areas;
101 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
102 a city of the second class:
103 (i) 16% of the number of active voters in the metro township or city; and
104 (ii) [
105 of the metro township's or city's voter participation areas;
106 (e) for a metro township with a population of 30,000 or more but less than 65,000, or a
107 city of the third class:
108 (i) 27.5% of the number of active voters in the metro township or city; and
109 (ii) [
110 75% of the metro township's or city's voter participation areas;
111 (f) for a metro township with a population of 10,000 or more but less than 30,000, or a
112 city of the fourth class:
113 (i) 29% of the number of active voters in the metro township or city; and
114 (ii) [
115 of the metro township's or city's voter participation areas;
116 (g) for a metro township with a population of 1,000 or more but less than 10,000, or a
117 city of the fifth class, 35% of the number of active voters in the metro township or city; or
118 (h) for a metro township with a population of less than 1,000 or a town, 40% of the
119 number of active voters in the metro township or town.
120 (4) A person seeking to have a subjurisdictional law passed by the local legislative
121 body submitted to a vote of the people shall obtain legal signatures of the residents in the
122 subjurisdiction equal to:
123 (a) 10% of the number of active voters in the subjurisdiction if the number of active
124 voters exceeds 25,000;
125 (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
126 active voters does not exceed 25,000 but is more than 10,000;
127 (c) 15% of the number of active voters in the subjurisdiction if the number of active
128 voters does not exceed 10,000 but is more than 2,500;
129 (d) 20% of the number of active voters in the subjurisdiction if the number of active
130 voters does not exceed 2,500 but is more than 500;
131 (e) 25% of the number of active voters in the subjurisdiction if the number of active
132 voters does not exceed 500 but is more than 250; and
133 (f) 30% of the number of active voters in the subjurisdiction if the number of active
134 voters does not exceed 250.
135 (5) (a) Sponsors of any referendum petition challenging, under Subsection (2), (3), or
136 (4), any local law passed by a local legislative body shall file the application before 5 p.m.
137 within seven days after the day on which the local law was passed.
138 (b) Except as provided in Subsection (5)(c), when a referendum petition has been
139 declared sufficient, the local law that is the subject of the petition does not take effect unless
140 and until the local law is approved by a vote of the people.
141 (c) When a referendum petition challenging a subjurisdictional law has been declared
142 sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
143 and until the subjurisdictional law is approved by a vote of the people who reside in the
144 subjurisdiction.
145 (6) If the referendum passes, the local law that was challenged by the referendum is
146 repealed as of the date of the election.
147 (7) Nothing in this section authorizes a local legislative body to impose a tax or other
148 payment obligation on a subjurisdiction in order to benefit an area outside of the
149 subjurisdiction.