Evaluation by the lieutenant governor.

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  • (1) When the lieutenant governor receives a referendum packet from a county clerk, the lieutenant governor 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-7-306(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 lieutenant governor's website the number of signatures certified as of the date of the update.
    • (b) The lieutenant governor:
      • (i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient or insufficient 106 days after the end of the legislative session at which the law passed; 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 clerks, 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-7-301; 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-7-301, 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-7-301 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.
    • (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 lieutenant governor refuses to accept and file a referendum that a voter believes is legally sufficient, the voter may, no later than 10 days after the day on which the lieutenant governor declares the petition insufficient, apply to the appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.
    • (b) If the court determines that the referendum petition is legally sufficient, the lieutenant governor shall file the petition, with a verified copy of the judgment attached to the referendum petition, as of the date on which the 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.
  • (4) A petition determined to be sufficient in accordance with this section is qualified for the ballot.




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