36-1-105 - Uncertain boundaries -- How resolved.
36-1-105. Uncertain boundaries -- How resolved.
(1) As used in this section, "affected party" means:
(a) a senator whose Utah State Senate 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 Senate district;
(b) a candidate for senator whose Senate 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 Senate district; or
(c) a person who is uncertain about which Senate district contains the person's residencebecause the identifying feature used to establish the district boundary has been removed,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 Senate district boundary;
(ii) the number of the Senate 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 Senate district boundary,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 Senate district in which aparticular person resides, the lieutenant governor shall send a letter identifying that district bynumber to:
(i) the person;
(ii) the affected party who filed the petition, if different than the person whose Senatedistrict number was identified; and
(iii) the county clerk of the affected county.
Amended by Chapter 169, 2005 General Session