20A-7-602.7. Referability to voters of local law other than land use law.

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

Effective 5/7/2025

(1)Within 20 calendar 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-calendar-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.

(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 calendar days after the day on which the determination, and any challenge or appeal of the determination, is final.

Amended by Chapter 448 , 2025 General Session