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Utah Statutes § 20A-7-510 Return and canvass - Conflicting measures - Law effective on proclamation

⤴ Up to Part 5: Local Initiatives - Procedures

Statute Text

(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 local board of canvassers completes the canvass, the local clerk shall certify to the local legislative body the vote for and against the law proposed by the initiative petition.
(3)
(a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each law proposed by an initiative petition; and
(ii) declares those laws proposed by an initiative petition that are approved by majority vote to be in full force and effect as the law of the local jurisdiction.
(b) When the local legislative body determines that two proposed laws, or that parts of two proposed laws approved by the people at the same election are entirely in conflict, the local legislative body shall proclaim as law the initiative that received the greatest number of affirmative votes, regardless of the difference in the majorities which those initiatives have received.
(c)
(i) Within 10 days after the day on which the local legislative body issues the proclamation, any qualified voter who signed the initiative petition proposing the law that is declared by the local legislative body to be superseded by another initiative approved at the same election may bring an action in the appropriate court to review the decision.
(ii) The court shall:
(A) consider the matter and decide whether the proposed laws are entirely in conflict; and
(B) issue an order, consistent with the court's decision, to the local legislative body.
(4) Within 10 days after the day on which the court enters an order under Subsection (3)(c)(ii), the local legislative body shall:
(a) proclaim as law all initiatives approved by the people that the court determines are not in conflict; and
(b) for the initiatives approved by the people as law that the court determines to be in conflict, proclaim as law the initiative that received the greatest number of affirmative votes, regardless of the difference in majorities.

History

Amended by Chapter 107 , 2023 General Session , § 51 , eff. 5/3/2023 .

Amended by Chapter 140 , 2021 General Session , § 35 , eff. 5/5/2021 .

Amended by Chapter 203 , 2019 General Session , § 20 , eff. 5/14/2019 .

Amended by Chapter 367 , 2010 General Session .

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