20A-7-607 - Evaluation by the local clerk.
20A-7-607. Evaluation by the local clerk.
(1) When each referendum packet is received from a county clerk, the local clerk shallcheck off from his record the number of each referendum packet filed.
(2) (a) After all of the referendum packets have been received by the local clerk, the localclerk shall count the number of the names certified by the county clerks 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-7-601, 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-7-601, 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 referendum petition in the presence of any sponsor.
(4) (a) If the local clerk refuses to accept and file any referendum 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 referendum 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 165, 1995 General Session