10-2-110 - Processing of petition by county clerk -- Certification or rejection -- Processing priority.
10-2-110. Processing of petition by county clerk -- Certification or rejection --Processing priority.
(1) Within 45 days of the filing of a petition under Section 10-2-109, the county clerkshall:
(a) with the assistance of other county officers from whom the clerk requests assistance,determine whether the petition meets the requirements of Section 10-2-109; and
(b) (i) if the clerk determines that the petition meets those requirements, certify thepetition, deliver it to the county legislative body, and notify in writing the contact sponsor of thecertification; or
(ii) if the clerk determines that the petition fails to meet any of those requirements, rejectthe petition and notify the contact sponsor in writing of the rejection and the reasons for therejection.
(2) (a) If the county clerk rejects a petition under Subsection (1)(b)(ii), the petition maybe modified to correct the deficiencies for which it was rejected and then refiled with the countyclerk.
(b) A modified petition under Subsection (2)(a) may be filed at any time until 30 daysafter the county clerk notifies the contact sponsor under Subsection (1)(b)(ii), even though themodified petition is filed after the expiration of the deadline provided in Subsection 10-2-109(1).
(c) A signature on an incorporation petition under Section 10-2-109 may be used towardfulfilling the signature requirement of Subsection 10-2-109(2)(a) for the petition as modifiedunder Subsection (2)(a).
(3) (a) Within 20 days of the county clerk's receipt of a modified petition underSubsection (2)(a), the county clerk shall follow the same procedure for the modified petition asprovided under Subsection (1) for an original petition.
(b) If a county clerk rejects a modified petition under Subsection (1)(b)(ii), no furthermodification of that petition may be filed.
Amended by Chapter 3, 1997 Special Session 2