20A-7-310. Return and canvass -- Conflicting measures.

374 words·~2 min read·/ut/title-20a/chapter-7/20a-7-310

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

Effective 5/7/2025

(1)The votes on the law that is the subject of the referendum petition shall be counted, canvassed, and delivered as provided in Chapter 4, Part 3, Canvassing Returns.

(2)After the state board of canvassers completes its canvass, the lieutenant governor shall certify to the governor the vote for and against the law that is the subject of the referendum petition.

(a)The governor shall immediately issue a proclamation that:

(i)gives the total number of votes cast in the state for and against each law that is the subject of a referendum petition; and

(ii)declares those laws that are the subject of a referendum petition that are approved by majority vote to be in full force and effect as the law of Utah on the effective date described in Section 20A-7-311 .

(b)When the governor determines that two laws, or that parts of two laws approved by the people at the same election are entirely in conflict, the governor shall proclaim to be law the law that received the greatest number of affirmative votes, regardless of the difference in the majorities which those approved laws received.

(a)Within 10 days after the day on which the governor issues the proclamation described in Subsection

(3), any qualified voter who signed the referendum petition for the law that is declared by the governor to be superseded by another law approved at the same election may apply to the appropriate court to review the governor's decision.

(b)The court shall:

(i)consider the matter and decide whether the approved laws are in conflict; and

(ii)enter an order consistent with the court's decision.

(5)Within 10 calendar days after the day on which the court enters an order described in Subsection (4)(b)(ii) , the governor shall:

(a)proclaim as law all those laws approved by the people that the court determines are not in conflict; and

(b)of all those laws approved by the people as law that the court determines to be in conflict, proclaim as law the one that receives the greatest number of affirmative votes, regardless of difference in majorities.

Amended by Chapter 448 , 2025 General Session