UT Code § 20A-7-607 (2021)
2021 Utah Code|Title 20A - Election Code|Chapter 7 - Issues Submitted to the Voters|Part 6 - Local Referenda - Procedures|Section 607 - Evaluation by the local clerk -- Determination of election for vote on referendum.

 Effective 5/5/2021  20A-7-607. Evaluation by the local clerk -- Determination of election for vote on referendum.    (1) When the local clerk receives a referendum packet from a county clerk, the local clerk shall record the number of the referendum packet received.     (2)   (a) The county clerk shall:   (i) post the names and voter identification numbers described in Subsection 20A-7-606(3)(c) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor, for at least 45 days; and     (ii) update on the local clerk's website the number of signatures certified as of the date of the update.       (b) The local clerk:   (i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient or insufficient no later than 111 days after the day of the deadline, described in Subsection 20A-7-606(1), to submit a referendum packet to the county clerk; or     (ii) may declare the petition to be insufficient before the day described in Subsection (2)(b)(i) if:   (A) the total of all valid signatures on timely and lawfully submitted signature packets that have been certified by the county clerk, plus the number of signatures on timely and lawfully submitted signature packets that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-601; or     (B) a requirement of this part has not been met.         (c) If the total number of names certified under this Subsection (2) equals or exceeds the number of names required under Section 20A-7-601, and the requirements of this part are met, the local clerk 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-7-601 or a requirement of this part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."     (e) The local clerk shall immediately notify any one of the sponsors of the local clerk's finding.     (f) After a petition is declared insufficient, a person may not submit additional signatures to qualify the petition for the ballot.       (3)   (a) If the local clerk refuses to accept and file any referendum petition, any voter may apply to a court for an extraordinary writ to compel the local clerk to do so within 10 days after the refusal.     (b) If the court determines that the referendum petition is legally sufficient, the local clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of the date on which the petition was originally offered for filing in the local clerk's office.     (c) If the court determines that any petition filed is not legally sufficient, the court may enjoin the local clerk and all other officers from:   (i) certifying or printing the ballot title and numbers of that measure on the official ballot for the next election; or     (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing, or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.         (4) A petition determined to be sufficient in accordance with this section is qualified for the ballot.     (5)   (a) Except as provided in Subsection (6)(b) or (c), if a referendum relates to legislative action taken after April 15, the election officer may not place the referendum on an election ballot until a primary election, a general election, or a special election the following year.     (b) The election officer may place a referendum described in Subsection (6)(a) on the ballot for a special, primary, or general election held during the year that the legislative action was taken if the following agree, in writing, on a timeline to place the referendum on that ballot:   (i) the local clerk;     (ii) the county clerk; and     (iii) the attorney for the county or municipality that took the legislative action.       (c) For a referendum on a land use law, if, before August 30, the local clerk or a court determines that the total number of certified names equals or exceeds the number of signatures required in Section 20A-7-601, the election officer shall place the referendum on the election ballot for:   (i) the next general election; or     (ii) another election, if the following agree, in writing, on a timeline to place the referendum on that ballot:   (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;     (B) the local clerk;     (C) the county clerk; and     (D) the attorney for the county or municipality that took the legislative action.          Amended by Chapter 80, 2021 General SessionAmended by Chapter 140, 2021 General Session