Current through the 2024 Fourth Special Session
Section 20A-7-602.7 - Referability to voters of local law other than land use law(1) Within 20 days after the day on which an eligible voter files a referendum application under Section 20A-7-602 for a local law other than a land use law, counsel for the county, city, or town to which the referendum pertains shall:(a) review the referendum application to determine whether the proposed referendum is legally referable to voters; and(b) notify the first three sponsors, in writing, whether the proposed referendum is: (i) legally referable to voters; or(ii) rejected as not legally referable to voters.(2) For a local law other than a land use law, a proposed referendum is legally referable to voters unless:(a) the proposed referendum challenges an action that is administrative, rather than legislative, in nature;(b) the proposed referendum challenges more than one law passed by the local legislative body; or(c) the referendum application was not timely filed or does not comply with the requirements of this part.(3) After the end of the 20-day period described in Subsection (1), a county, city, or town may not, for a local law other than a land use law:(a) reject a proposed referendum as not legally referable to voters; or(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a proposed referendum on the grounds that the proposed referendum is not legally referable to voters.(4)(a) If, under Subsection (1)(b)(ii), a county, city, or town rejects a proposed referendum concerning a local law other than a land use law, a sponsor of the proposed referendum may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision to:(i) the Supreme Court, by means of an extraordinary writ, if possible; or(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ under Subsection (4)(a)(i).(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) terminates the referendum.(5) If, on a challenge or appeal, the court determines that the proposed referendum described in Subsection (4) is legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101, within five days after the day on which the determination, and any challenge or appeal of the determination, is final.Amended by Chapter 438, 2024 General Session ,§ 73, eff. 5/1/2024.Amended by Chapter 107, 2023 General Session ,§ 60, eff. 5/3/2023.Amended by Chapter 325, 2022 General Session ,§ 41, eff. 1/1/2023.Amended by Chapter 418, 2021 General Session ,§ 16, eff. 5/5/2021.Added by Chapter 203, 2019 General Session ,§ 26, eff. 5/14/2019.