20A-7-507 - Evaluation by the local clerk.
20A-7-507. Evaluation by the local clerk.
(1) When each initiative packet is received from a county clerk, the local clerk shallcheck off from his record the number of each initiative packet filed.
(2) (a) After all of the initiative packets have been received by the local clerk, the localclerk shall count the number of the names certified by the county clerk that appear on eachverified signature sheet.
(b) If the total number of certified names from each verified signature sheet equals orexceeds the number of names required by Section 20A-7-501, the local clerk shall mark upon thefront of the petition the word "sufficient."
(c) If the total number of certified names from each verified signature sheet does notequal or exceed the number of names required by Section 20A-7-501, the local clerk shall markupon the front of the petition the word "insufficient."
(d) The local clerk shall immediately notify any one of the sponsors of his finding.
(3) If the local clerk finds the total number of certified signatures from each verifiedsignature sheet to be insufficient, any sponsor may file a written demand with the local clerk for arecount of the signatures appearing on the initiative petition in the presence of any sponsor.
(4) (a) Once a petition is declared insufficient, the sponsors may not submit additionalsignatures to qualify the petition for the pending election.
(b) If the petition is declared insufficient, the petition sponsors may submit additionalsignatures to qualify the petition for:
(i) the next regular general election following the pending regular general election if thepetition was a county initiative petition; or
(ii) the next municipal general election if the petition was a municipal initiative petition.
(5) (a) If the local clerk refuses to accept and file any initiative petition, any voter mayapply to the supreme court for an extraordinary writ to compel him to do so within 10 days afterthe refusal.
(b) If the supreme court determines that the initiative petition is legally sufficient, thelocal clerk shall file it, with a verified copy of the judgment attached to it, as of the date on whichit 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 local clerk and all other officers from certifying or printing theballot title and numbers of that measure on the official ballot for the next election.
Amended by Chapter 133, 2002 General Session