20A-7-610 - Return and canvass -- Conflicting measures -- Law effective on proclamation.
20A-7-610. Return and canvass -- Conflicting measures -- Law effective onproclamation.
(1) The votes on the law proposed by the referendum petition shall be counted,canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
(2) After the local board of canvassers completes its canvass, the local clerk shall certifyto the local legislative body the vote for and against the law proposed by the referendum petition.
(3) (a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each lawproposed by a referendum petition; and
(ii) declares those laws proposed by a referendum petition that were approved bymajority vote to be in full force and effect as the law of the local jurisdiction.
(b) When the local legislative body determines that two proposed laws, or that parts oftwo proposed laws approved by the people at the same election are entirely in conflict, they shallproclaim that measure to be law that has received the greatest number of affirmative votes,regardless of the difference in the majorities which those measures have received.
(4) (a) Within 10 days after the local legislative body's proclamation, any qualified voterwho signed the referendum petition proposing the law that is declared by the local legislativebody to be superseded by another measure approved at the same election may apply to theSupreme Court to review the decision.
(b) The Supreme Court shall:
(i) consider the matter and decide whether or not the proposed laws are in conflict; and
(ii) certify its decision to the local legislative body.
(5) Within 10 days after the Supreme Court certifies its decision, the local legislativebody shall:
(a) proclaim all those measures approved by the people as law that the Supreme Courthas determined are not in conflict; and
(b) of all those measures approved by the people as law that the Supreme Court hasdetermined to be in conflict, proclaim as law the one that received the greatest number ofaffirmative votes, regardless of difference in majorities.
Amended by Chapter 367, 2010 General Session