Referability to voters of local law other than land use law.
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(1) Within 20 days after the day on which an eligible voter files an application to circulate a referendum petition under Section 20A-7-602 for a local law other than a land use law, counsel for the county, city, town, or metro township to which the referendum pertains shall:
(a) review the application to determine whether the proposed referendum is legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) For a local law other than a land use law, a proposed referendum is legally referable to voters unless:
(a) the proposed referendum challenges an action that is administrative, rather than legislative, in nature;
(b) the proposed referendum challenges more than one law passed by the local legislative body; or
(c) the application for the proposed referendum 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, for a local law other than a land use law:
(a) reject a proposed referendum as not legally referable to voters; or
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a proposed referendum on the grounds that the proposed referendum is not legally referable to voters.
(4)
(a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a proposed referendum concerning a local law other than a land use law, a sponsor of the proposed referendum may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision to:
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ under Subsection (4)(a)(i).
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) terminates the referendum.
(5) If, on a challenge or appeal, the court determines that the proposed referendum described in Subsection (4) is legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(2) within five days after the day on which the determination, and any challenge or appeal of the determination, is final.