Return and canvass -- Conflicting measures.

Checkout our iOS App for a better way to browser and research.



  • (1) The votes on the law proposed by the referendum petition shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
  • (2) After the state board of canvassers completes its canvass, the lieutenant governor shall certify to the governor the vote for and against the law proposed by the referendum petition.
  • (3)
    • (a) The governor shall immediately issue a proclamation that:
      • (i) gives the total number of votes cast in the state for and against each law proposed by a referendum petition; and
      • (ii) declares those laws proposed by a referendum petition that were approved by majority vote to be in full force and effect as the law of Utah on the effective date described in Section 20A-7-311.
    • (b) When the governor believes that two proposed laws, or that parts of two proposed laws approved by the people at the same election are entirely in conflict, the governor shall proclaim that measure to be law that has received the greatest number of affirmative votes, regardless of the difference in the majorities which those measures have received.
  • (4)
    • (a) Within 10 days after the governor's proclamation, any qualified voter who signed the referendum petition proposing the law that is declared by the governor to be superseded by another measure approved at the same election may apply to the appropriate court to review the governor's decision.
    • (b) The court shall:
      • (i) consider the matter and decide whether the proposed laws are in conflict; and
      • (ii) enter an order consistent with the court's decision.
  • (5) Within 10 days after the day on which the court enters an order described in Subsection (4)(b)(ii), the governor shall:
    • (a) proclaim all those measures approved by the people as law that the court determines are not in conflict; and
    • (b) of all those measures approved by the people as law that the court determines to be in conflict, proclaim as law the one that receives the greatest number of affirmative votes, regardless of difference in majorities.




Download our app to see the most-to-date content.