Section 105 - Uncertain boundaries -- How resolved.

UT Code § 36-1-105 (2019) (N/A)
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(1) As used in this section: (a) "Affected party" means: (i) a senator whose Utah State Senate district boundary is uncertain because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether or not the senator or another person resides in a particular Senate district; (ii) a candidate for senator whose Senate district boundary is uncertain because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether or not the candidate or another person resides in a particular Senate district; or (iii) a person who is uncertain about which Senate district contains the person's residence because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified. (b) "Feature" means a geographic or other tangible or intangible mark such as a road or political subdivision boundary that is used to establish a Senate district boundary.

(a) "Affected party" means: (i) a senator whose Utah State Senate district boundary is uncertain because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether or not the senator or another person resides in a particular Senate district; (ii) a candidate for senator whose Senate district boundary is uncertain because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether or not the candidate or another person resides in a particular Senate district; or (iii) a person who is uncertain about which Senate district contains the person's residence because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified.

(i) a senator whose Utah State Senate district boundary is uncertain because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether or not the senator or another person resides in a particular Senate district;

(ii) a candidate for senator whose Senate district boundary is uncertain because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether or not the candidate or another person resides in a particular Senate district; or

(iii) a person who is uncertain about which Senate district contains the person's residence because the feature used to establish the district boundary in the Senate shapefile has been removed, modified, or is unable to be identified.

(b) "Feature" means a geographic or other tangible or intangible mark such as a road or political subdivision boundary that is used to establish a Senate district boundary.

(2) (a) An affected party may file a written request petitioning the lieutenant governor to determine: (i) the precise location of the Senate district boundary; (ii) the number of the Senate district in which a person resides; or (iii) both Subsections (2)(a)(i) and (ii). (b) In order to make the determination required by Subsection (2)(a), the lieutenant governor shall review: (i) the Senate shapefile; and (ii) other relevant data such as aerial photographs, aerial maps, or other data about the area. (c) Within five days of receipt of the request, the lieutenant governor shall: (i) review the Senate shapefile; (ii) review any relevant data; and (iii) make a determination. (d) When the lieutenant governor determines the location of the Senate district boundary, the lieutenant governor shall: (i) prepare a certification identifying the appropriate Senate district boundary and attaching a map, if necessary; and (ii) send a copy of the certification to: (A) the affected party; (B) the county clerk of the affected county; and (C) the Automated Geographic Reference Center created under Section 63F-1-506. (e) If the lieutenant governor determines the number of the Senate district in which a particular person resides, the lieutenant governor shall send a letter identifying that district by number to: (i) the person; (ii) the affected party who filed the petition, if different than the person whose Senate district number was identified; and (iii) the county clerk of the affected county.

(a) An affected party may file a written request petitioning the lieutenant governor to determine: (i) the precise location of the Senate district boundary; (ii) the number of the Senate district in which a person resides; or (iii) both Subsections (2)(a)(i) and (ii).

(i) the precise location of the Senate district boundary;

(ii) the number of the Senate district in which a person resides; or

(iii) both Subsections (2)(a)(i) and (ii).

(b) In order to make the determination required by Subsection (2)(a), the lieutenant governor shall review: (i) the Senate shapefile; and (ii) other relevant data such as aerial photographs, aerial maps, or other data about the area.

(i) the Senate shapefile; and

(ii) other relevant data such as aerial photographs, aerial maps, or other data about the area.

(c) Within five days of receipt of the request, the lieutenant governor shall: (i) review the Senate shapefile; (ii) review any relevant data; and (iii) make a determination.

(i) review the Senate shapefile;

(ii) review any relevant data; and

(iii) make a determination.

(d) When the lieutenant governor determines the location of the Senate district boundary, the lieutenant governor shall: (i) prepare a certification identifying the appropriate Senate district boundary and attaching a map, if necessary; and (ii) send a copy of the certification to: (A) the affected party; (B) the county clerk of the affected county; and (C) the Automated Geographic Reference Center created under Section 63F-1-506.

(i) prepare a certification identifying the appropriate Senate district boundary and attaching a map, if necessary; and

(ii) send a copy of the certification to: (A) the affected party; (B) the county clerk of the affected county; and (C) the Automated Geographic Reference Center created under Section 63F-1-506.

(A) the affected party;

(B) the county clerk of the affected county; and

(C) the Automated Geographic Reference Center created under Section 63F-1-506.

(e) If the lieutenant governor determines the number of the Senate district in which a particular person resides, the lieutenant governor shall send a letter identifying that district by number to: (i) the person; (ii) the affected party who filed the petition, if different than the person whose Senate district number was identified; and (iii) the county clerk of the affected county.

(i) the person;

(ii) the affected party who filed the petition, if different than the person whose Senate district number was identified; and

(iii) the county clerk of the affected county.