Section 207 - Evaluation by the lieutenant governor.

UT Code § 20A-7-207 (2019) (N/A)
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(1) When an initiative packet is received from a county clerk, the lieutenant governor shall check off from the record the number of the initiative packet received.

(2) (a) The lieutenant governor shall, within 14 days after the day on which the lieutenant governor receives an initiative packet from a county clerk: (i) count the number of the names certified by the county clerks on each verified signature sheet; and (ii) update on the lieutenant governor's website the number of signatures certified as of the date of the update. (b) The lieutenant governor shall declare the petition to be sufficient or insufficient on or before April 30 before the regular general election described in Subsection 20A-7-201(2)(b). (c) If the total number of names certified under this Subsection (2) equals or exceeds the number of names required under Section 20A-7-201, and the requirements of this part are met, the lieutenant governor shall mark upon the front of the petition the word "sufficient." (d) If the total number of names certified under this Subsection (2) does not equal or exceed the number of names required under Section 20A-7-201 or a requirement of this part is not met, the lieutenant governor shall mark upon the front of the petition the word "insufficient." (e) The lieutenant governor shall immediately notify any one of the sponsors of the lieutenant governor's finding.

(a) The lieutenant governor shall, within 14 days after the day on which the lieutenant governor receives an initiative packet from a county clerk: (i) count the number of the names certified by the county clerks on each verified signature sheet; and (ii) update on the lieutenant governor's website the number of signatures certified as of the date of the update.

(i) count the number of the names certified by the county clerks on each verified signature sheet; and

(ii) update on the lieutenant governor's website the number of signatures certified as of the date of the update.

(b) The lieutenant governor shall declare the petition to be sufficient or insufficient on or before April 30 before the regular general election described in Subsection 20A-7-201(2)(b).

(c) If the total number of names certified under this Subsection (2) equals or exceeds the number of names required under Section 20A-7-201, and the requirements of this part are met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."

(d) If the total number of names certified under this Subsection (2) does not equal or exceed the number of names required under Section 20A-7-201 or a requirement of this part is not met, the lieutenant governor shall mark upon the front of the petition the word "insufficient."

(e) The lieutenant governor shall immediately notify any one of the sponsors of the lieutenant governor's finding.

(3) After a petition is declared insufficient, the sponsors may not submit additional signatures to qualify the petition for the ballot.

(4) (a) If the lieutenant governor refuses to accept and file an initiative petition that a sponsor believes is legally sufficient, any voter may, not later than May 15, apply to the appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file the initiative petition. (b) If the court certifies that the initiative petition is legally sufficient, the lieutenant governor shall file the initiative petition, with a verified copy of the judgment attached to the initiative petition, as of the date on which the initiative petition was originally offered for filing in the lieutenant governor's office. (c) If the court determines that a petition filed is not legally sufficient, the 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.

(a) If the lieutenant governor refuses to accept and file an initiative petition that a sponsor believes is legally sufficient, any voter may, not later than May 15, apply to the appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file the initiative petition.

(b) If the court certifies that the initiative petition is legally sufficient, the lieutenant governor shall file the initiative petition, with a verified copy of the judgment attached to the initiative petition, as of the date on which the initiative petition was originally offered for filing in the lieutenant governor's office.

(c) If the court determines that a petition filed is not legally sufficient, the 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.

(5) A petition determined to be sufficient in accordance with this section is qualified for the ballot.