20A-7-610. Return and canvass -- Conflicting measures -- Law effective on proclamation.

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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 local board of canvassers completes the canvass, the local clerk shall certify to the local legislative body the vote for and against the law that is the subject of the referendum petition.

(a)The local legislative body shall immediately issue a proclamation that:

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

(ii)in accordance with Section 20A-7-611 , 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 the local jurisdiction.

(b)When the local legislative body determines that two laws, or that parts of two laws approved by the people at the same election are entirely in conflict, the local legislative body 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 local legislative body issues the proclamation described in Subsection

(3), any qualified voter residing in the jurisdiction for a law that is declared by the local legislative body to be superseded by another law approved at the same election may bring an action in the appropriate court to review the decision.

(b)The court shall:

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

(ii)issue an order, consistent with the court's decision, to the local legislative body.

(5)Within 10 calendar days after the day on which the court enters an order under Subsection (4)(b)(ii) , the local legislative body 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 the difference in majorities.

Amended by Chapter 448 , 2025 General Session