20A-13-104 - Uncertain boundaries -- How resolved.
20A-13-104. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a representative whose Congressional district boundary is uncertain because theidentifying feature used to establish the district boundary has been removed, modified, or isunable to be identified or who is uncertain about whether or not he or another person resides in aparticular Congressional district;
(b) a candidate for Congressional representative whose Congressional district boundaryis uncertain because the identifying feature used to establish the district boundary has beenremoved, modified, or is unable to be identified or who is uncertain about whether or not he oranother person resides in a particular Congressional district; or
(c) a person who is uncertain about which Congressional district contains the person'sresidence because the identifying feature used to establish the district boundary has beenremoved, modified, or is unable to be identified.
(2) (a) An affected party may file a written request petitioning the lieutenant governor todetermine:
(i) the precise location of the Congressional district boundary;
(ii) the number of the Congressional district in which a person resides; or
(iii) both Subsections (2)(a)(i) and (ii).
(b) In order to make the determination required by Subsection (2)(a), the lieutenantgovernor shall review the official maps and obtain and review other relevant data such as censusblock and tract descriptions, aerial photographs, aerial maps, or other data about the area.
(c) Within five days of receipt of the request, the lieutenant governor shall review themaps, obtain and review any relevant data, and make a determination.
(d) When the lieutenant governor determines the location of the Congressional districtboundary, the lieutenant governor shall:
(i) prepare a certification identifying the appropriate boundary and attaching a map, ifnecessary; and
(ii) send a copy of the certification to:
(A) the affected party;
(B) the county clerk of the affected county; and
(C) the Automated Geographic Reference Center created under Section 63F-1-506.
(e) If the lieutenant governor determines the number of the Congressional district inwhich a particular person resides, the lieutenant governor shall send a letter identifying thatdistrict by number to:
(i) the person;
(ii) the affected party who filed the petition, if different than the person whoseCongressional district number was identified; and
(iii) the county clerk of the affected county.
Amended by Chapter 169, 2005 General Session