2023 Utah Code › Title 20A - Election Code › Chapter 7 - Issues Submitted to the Voters › Part 5 - Local Initiatives - Procedures › Section 507 - Evaluation by the local clerk.

Effective 5/3/2023
20A-7-507.
Evaluation by the local clerk.
(1) In relation to the manual initiative process, when a local clerk receives an initiative packet from a county clerk, the local clerk shall record the number of the initiative packet received.
(2) The county clerk shall:
(a) in relation to the manual initiative process:
(i) post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor, for at least 90 days; and
(ii) update on the local government's website the number of signatures certified as of the date of the update; or
(b) in relation to the electronic initiative process:
(i) post the names, voter identification numbers, and dates of signatures described in Subsection 20A-7-516(4) on the lieutenant governor's website, in a conspicuous location designated by the lieutenant governor, for at least 90 days; and
(ii) update on the local government's website the number of signatures certified as of the date of the update.
(3) The local clerk:
(a) shall, except as provided in Subsection (3)(b), declare the initiative petition to be sufficient or insufficient:
(i) in relation to the manual initiative process, no later than 21 days after the day of the applicable deadline described in Subsection 20A-7-105(5)(a)(iii); or
(ii) in relation to the electronic initiative process, no later than 21 days after the day of the applicable deadline described in Subsection 20A-7-516(2); or
(b) may declare the initiative petition to be insufficient before the day described in Subsection (3)(a) if:
(i) in relation to the manual initiative process, the total of all valid signatures on timely and lawfully submitted initiative packets that have been certified by the county clerks, plus the number of signatures on timely and lawfully submitted initiative packets that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-501;
(ii) in relation to the electronic initiative process, the total of all timely and lawfully submitted valid signatures that have been certified by the county clerks, plus the number of timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is less than the number of names required under Section 20A-7-501; or
(iii) a requirement of this part has not been met.
(4)
(a) If the total number of names certified under Subsection (3) equals or exceeds the number of names required by Section 20A-7-501 and the requirements of this part are met, the local clerk shall mark upon the front of the initiative petition the word "sufficient."
(b) If the total number of names certified under Subsection (3) does not equal or exceed the number of names required by Section 20A-7-501 or a requirement of this part is not met, the local clerk shall mark upon the front of the initiative petition the word "insufficient."
(c) The local clerk shall immediately notify any one of the sponsors of the local clerk's finding.
(d) After an initiative petition is declared insufficient, a person may not submit additional signatures to qualify the initiative for the ballot.
(5) If the local clerk finds the total number of certified signatures for the initiative petition to be insufficient, any sponsor may file a written demand with the local clerk for a recount of the signatures collected for the initiative petition in the presence of any sponsor.
(6) An initiative petition determined to be sufficient in accordance with this section is qualified for the ballot.
Amended by Chapter 107, 2023 General Session
Amended by Chapter 116, 2023 General Session