10-2a-209. Processing of petition by county clerk -- Certification or rejection -- Petition modification.

345 words·~2 min read·/ut/title-10/chapter-2a/10-2a-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)Within 45 days after the day on which a petition for incorporation is filed under Section 10-2a-208 , the county clerk shall:

(i)use the procedures described in Section 20A-1-1002 todetermine whether a signer is a registered voter; and

(ii)determine whether the petition for incorporation complies with Section 10-2a-208 ; and

(i)if the county clerk determines that the petition for incorporation complies with Section 10-2a-208 , certify the petition for incorporation and notify in writing the contact sponsor of the certification; or

(ii)if the county clerk determines that the petition for incorporation fails to comply with Section 10-2a-208 , reject the petition for incorporation and notify the contact sponsor in writing of the rejection and the reasons for the rejection.

(a)If the county clerk rejects a petition for incorporation under Subsection (1)(b)(ii) , the sponsors of the petition for incorporation may correct the deficiencies for which the petition for incorporation was rejected and refile the petition for incorporation with the county clerk.

(b)Notwithstanding the deadline described in Subsection 10-2a-208(1) , the sponsors of the petition for incorporation may file a modified petition for incorporation under Subsection (2)(a) no later than 30 days after the day on which the county clerk notifies the contact sponsor of rejection under Subsection (1)(b)(ii) .

(c)A valid signature on a petition for incorporation described in Section 10-2a-208 may be used toward fulfilling the signature requirement described in Subsection 10-2a-208(1) for a petition for incorporation that is modified under Subsection (2)(a) .

(a)Within 20 days after the day on which the county clerk receives a modified petition for incorporation under Subsection (2)(a) , the county clerk shall review the modified petition for incorporation in accordance with Subsection

(1).

(b)The sponsors of a petition for incorporation may not modify the petition for incorporation more than once.

Amended by Chapter 116 , 2023 General Session

Amended by Chapter 224 , 2023 General Session