20A-7-207 - Evaluation by the lieutenant governor.
20A-7-207. Evaluation by the lieutenant governor.
(1) When each initiative packet is received from a county clerk, the lieutenant governorshall check off from the record the number of each initiative packet filed.
(2) (a) After all of the initiative packets have been received by the lieutenant governorand the lieutenant governor has removed the signatures as required by Section 20A-7-206, thelieutenant governor shall:
(i) count the number of the names certified by the county clerks that remain on eachverified signature sheet; and
(ii) declare the petition to be sufficient or insufficient by June 1 before the regulargeneral election.
(b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds thenumber of names required by Section 20A-7-201, the lieutenant governor shall mark upon thefront of the petition the word "sufficient."
(c) If the total number of names counted under Subsection (2)(a)(i) does not equal orexceed the number of names required by Section 20A-7-201, the lieutenant governor shall markupon the front of the petition the word "insufficient."
(d) The lieutenant governor shall immediately notify any one of the sponsors of hisfinding.
(3) Once a petition is declared insufficient, the sponsors may not submit additionalsignatures to qualify the petition for the pending regular general election.
(4) (a) If the lieutenant governor refuses to accept and file any initiative petition that asponsor believes is legally sufficient, any voter may, by June 15, apply to the supreme court foran extraordinary writ to compel the lieutenant governor to do so.
(b) The supreme court shall:
(i) determine whether or not the initiative petition is legally sufficient; and
(ii) certify its findings to the lieutenant governor.
(c) If the supreme court certifies that the initiative petition is legally sufficient, thelieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the dateon which it was originally offered for filing in his office.
(d) If the supreme court determines that any petition filed is not legally sufficient, thesupreme court may enjoin the lieutenant governor and all other officers from certifying orprinting the ballot title and numbers of that measure on the official ballot for the next election.
Amended by Chapter 225, 2010 General Session
Amended by Chapter 367, 2010 General Session