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Section 303 - Registered voter initiation of adoption of optional plan -- Procedure.

UT Code § 17-52a-303 (2019) (N/A)
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(1) (a) Registered voters of a county may initiate the process of adopting an optional plan by filing with the county clerk a notice of intent to gather signatures for a petition: (i) for the establishment of a study committee described in Section 17-52a-401; or (ii) in a county with a population of 500,000 or more that operates under the county commission form of government under Section 17-52a-201, to adopt an optional plan that: (A) accompanies the petition described in this Subsection (1)(a)(ii) during the signature gathering process and accompanies the petition in the submission to the county clerk under Subsection (2)(b); and (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405. (b) A notice of intent described in Subsection (1)(a) shall: (i) designate five sponsors for the petition; (ii) designate a contact sponsor to serve as the primary contact for the petition sponsors; (iii) list the mailing address and telephone number of each of the sponsors; and (iv) be signed by each of the petition sponsors. (c) Registered voters of a county may not file a notice of intent to gather signatures in bad faith.

(a) Registered voters of a county may initiate the process of adopting an optional plan by filing with the county clerk a notice of intent to gather signatures for a petition: (i) for the establishment of a study committee described in Section 17-52a-401; or (ii) in a county with a population of 500,000 or more that operates under the county commission form of government under Section 17-52a-201, to adopt an optional plan that: (A) accompanies the petition described in this Subsection (1)(a)(ii) during the signature gathering process and accompanies the petition in the submission to the county clerk under Subsection (2)(b); and (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.

(i) for the establishment of a study committee described in Section 17-52a-401; or

(ii) in a county with a population of 500,000 or more that operates under the county commission form of government under Section 17-52a-201, to adopt an optional plan that: (A) accompanies the petition described in this Subsection (1)(a)(ii) during the signature gathering process and accompanies the petition in the submission to the county clerk under Subsection (2)(b); and (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.

(A) accompanies the petition described in this Subsection (1)(a)(ii) during the signature gathering process and accompanies the petition in the submission to the county clerk under Subsection (2)(b); and

(B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.

(b) A notice of intent described in Subsection (1)(a) shall: (i) designate five sponsors for the petition; (ii) designate a contact sponsor to serve as the primary contact for the petition sponsors; (iii) list the mailing address and telephone number of each of the sponsors; and (iv) be signed by each of the petition sponsors.

(i) designate five sponsors for the petition;

(ii) designate a contact sponsor to serve as the primary contact for the petition sponsors;

(iii) list the mailing address and telephone number of each of the sponsors; and

(iv) be signed by each of the petition sponsors.

(c) Registered voters of a county may not file a notice of intent to gather signatures in bad faith.

(2) (a) The sponsors of a petition may circulate the petition after filing a notice of intent to gather signatures under Subsection (1). (b) To be considered valid, the petition is required to be signed by registered voters residing in the county equal in number to at least 5% of the total number of votes cast in the county for all candidates for president of the United States at the most recent election at which a president of the United States was elected. (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit the completed petition and any amended or supplemental petition described in Subsection (4) with the county clerk not more than 180 days after the day on which the sponsors file the notice described in Subsection (1).

(a) The sponsors of a petition may circulate the petition after filing a notice of intent to gather signatures under Subsection (1).

(b) To be considered valid, the petition is required to be signed by registered voters residing in the county equal in number to at least 5% of the total number of votes cast in the county for all candidates for president of the United States at the most recent election at which a president of the United States was elected.

(c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit the completed petition and any amended or supplemental petition described in Subsection (4) with the county clerk not more than 180 days after the day on which the sponsors file the notice described in Subsection (1).

(3) Within 30 days after the day on which the sponsors submit a petition under Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county clerk shall: (a) determine whether the petition or amended or supplemental petition has been signed by the required number of registered voters; (b) (i) if the petition was signed by a sufficient number of registered voters: (A) certify the petition; (B) deliver the petition to the county legislative body; and (C) notify the contact sponsor in writing of the certification; or (ii) if the petition was not signed by a sufficient number of registered voters: (A) reject the petition; and (B) notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection; and (c) for a petition described in Subsection (1)(a)(ii), within 10 days after the day on which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk shall send a copy of the optional plan that accompanied the petition to the county attorney or, if the county does not have a county attorney, to the district attorney, for review in accordance with Section 17-52a-406.

(a) determine whether the petition or amended or supplemental petition has been signed by the required number of registered voters;

(b) (i) if the petition was signed by a sufficient number of registered voters: (A) certify the petition; (B) deliver the petition to the county legislative body; and (C) notify the contact sponsor in writing of the certification; or (ii) if the petition was not signed by a sufficient number of registered voters: (A) reject the petition; and (B) notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection; and

(i) if the petition was signed by a sufficient number of registered voters: (A) certify the petition; (B) deliver the petition to the county legislative body; and (C) notify the contact sponsor in writing of the certification; or

(A) certify the petition;

(B) deliver the petition to the county legislative body; and

(C) notify the contact sponsor in writing of the certification; or

(ii) if the petition was not signed by a sufficient number of registered voters: (A) reject the petition; and (B) notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection; and

(A) reject the petition; and

(B) notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection; and

(c) for a petition described in Subsection (1)(a)(ii), within 10 days after the day on which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk shall send a copy of the optional plan that accompanied the petition to the county attorney or, if the county does not have a county attorney, to the district attorney, for review in accordance with Section 17-52a-406.

(4) The sponsors of a petition circulated under this section may submit supplemental signatures for the petition: (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and (b) before the earlier of: (i) the deadline described in Subsection (2)(c); or (ii) 20 days after the day on which the county clerk rejects the petition under Subsection (3)(b)(ii).

(a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and

(b) before the earlier of: (i) the deadline described in Subsection (2)(c); or (ii) 20 days after the day on which the county clerk rejects the petition under Subsection (3)(b)(ii).

(i) the deadline described in Subsection (2)(c); or

(ii) 20 days after the day on which the county clerk rejects the petition under Subsection (3)(b)(ii).

(5) With the unanimous approval of petition sponsors, a petition filed under this section may be withdrawn at any time within 90 days after the day on which the county clerk certifies the petition under Subsection (3)(b)(i) and no later than 45 days before an election under Section 17-52a-501 if: (a) the petition included a notification to petition signers, in conspicuous language and in a conspicuous location, that the petition sponsors are authorized to withdraw the petition; and (b) the petition has at least three sponsors.

(a) the petition included a notification to petition signers, in conspicuous language and in a conspicuous location, that the petition sponsors are authorized to withdraw the petition; and

(b) the petition has at least three sponsors.

(6) (a) Notwithstanding Subsection 17-52a-301(3), registered voters of a county may circulate a petition under this section after a county legislative body initiates the process to adopt an optional plan under Subsection 17-52a-302(1)(a) in order to qualify to select a member of an appointment committee that is formed as a result of the process initiated by the county legislative body. (b) Notwithstanding Subsection (2)(c), registered voters who circulate a petition described in Subsection (6)(a) may not submit the completed petition less than 30 days before the day of the election described in Section 17-52a-304. (c) Notwithstanding Subsection (4), registered voters who circulate a petition described in Subsection (6)(a) may not amend or submit supplemental signatures for the petition unless: (i) the county clerk makes the determination described in Subsection (3) before the deadline described in Subsection (6)(b); and (ii) the registered voters submit the amended or supplemented petition before the deadline described in Subsection (6)(b).

(a) Notwithstanding Subsection 17-52a-301(3), registered voters of a county may circulate a petition under this section after a county legislative body initiates the process to adopt an optional plan under Subsection 17-52a-302(1)(a) in order to qualify to select a member of an appointment committee that is formed as a result of the process initiated by the county legislative body.

(b) Notwithstanding Subsection (2)(c), registered voters who circulate a petition described in Subsection (6)(a) may not submit the completed petition less than 30 days before the day of the election described in Section 17-52a-304.

(c) Notwithstanding Subsection (4), registered voters who circulate a petition described in Subsection (6)(a) may not amend or submit supplemental signatures for the petition unless: (i) the county clerk makes the determination described in Subsection (3) before the deadline described in Subsection (6)(b); and (ii) the registered voters submit the amended or supplemented petition before the deadline described in Subsection (6)(b).

(i) the county clerk makes the determination described in Subsection (3) before the deadline described in Subsection (6)(b); and

(ii) the registered voters submit the amended or supplemented petition before the deadline described in Subsection (6)(b).

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Section 303 - Registered voter initiation of adoption of optional plan -- Procedure.