Checkout our iOS App for a better way to browser and research.
(1) Within 20 days after the day on which an eligible voter files an application to circulate an initiative petition under Section 20A-7-502, counsel for the county, city, town, or metro township to which the initiative pertains shall:
(a) review the proposed law in the initiative application to determine whether the law is legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed law is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) A proposed law in an initiative application is legally referable to voters unless:
(a) the proposed law is patently unconstitutional;
(b) the proposed law is nonsensical;
(c) the proposed law is administrative, rather than legislative, in nature;
(d) the proposed law could not become law if passed;
(e) the proposed law contains more than one subject as evaluated in accordance with Subsection 20A-7-502(3);
(f) the subject of the proposed law is not clearly expressed in the law's title;
(g) the proposed law is identical or substantially similar to a legally referable proposed law sought by an initiative application submitted to the local clerk, under Section 20A-7-502, within two years before the day on which the application for the current proposed initiative is filed; or
(h) the application for the proposed law was not timely filed or does not comply with the requirements of this part.
(3) After the end of the 20-day period described in Subsection (1), a county, city, town, or metro township may not:
(a) reject a proposed initiative as not legally referable to voters; or
(b) bring a legal action, other than to appeal a court decision, challenging a proposed initiative on the grounds that the proposed initiative is not legally referable to voters.
(4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of the proposed initiative may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), appeal the decision to:
(a) district court; or
(b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
(5) If, on appeal, the court determines that the law proposed in the initiative petition is legally referable to voters, the local clerk shall comply with Subsection 20A-7-504(2) within five days after the day on which the determination, and any appeal of the determination, is final.