20A-7-307 - Evaluation by the lieutenant governor.
20A-7-307. Evaluation by the lieutenant governor.
(1) When each referendum packet is received from a county clerk, the lieutenantgovernor shall check off from the record the number of each referendum packet filed.
(2) (a) After all of the referendum packets have been received by the lieutenant governorand the lieutenant governor has removed the signatures as required by Section 20A-7-306, 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 no later than 60 days after the endof the legislative session at which the law passed.
(b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds thenumber of names required by Section 20A-7-301, 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-7-301, 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) (a) If the lieutenant governor refuses to accept and file any referendum petition, anyvoter may apply to the supreme court for an extraordinary writ to compel him to do so within 10days after the refusal.
(b) If the supreme court determines that the referendum 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.
(c) 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