36-1-204. Uncertain boundaries -- How resolved.

444 words·~2 min read·/ut/title-36/chapter-1/36-1-204

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

Effective 11/16/2021

(1)As used in this section:

(a)"Affected party" means:

(i)a representative whose Utah State House of Representatives district boundary is uncertain because the feature used to establish the district boundary in the House shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether the representative or another individual resides in a particular House district;

(ii)a candidate for representative whose House district boundary is uncertain because the feature used to establish the district boundary in the House shapefile has been removed, modified, or is unable to be identified or who is uncertain about whether the candidate or another individual resides in a particular House district; or

(iii)an individual who is uncertain about which House district contains the individual's residence because the feature used to establish the district boundary in the House shapefile has been removed, modified, or is unable to be identified.

(b)"Feature" means a geographic or other identifiable tangible or intangible object such as a road or political subdivision boundary that is used to establish a House district boundary.

(a)An affected party may file a written request petitioning the lieutenant governor to determine:

(i)the precise location of the House district boundary;

(ii)the number of the House district in which an individual resides; or

(iii)both Subsections (2)(a)(i) and

(ii).

(b)In order to make the determination required by Subsection (2)(a) , the lieutenant governor shall review:

(i)the House block equivalency file and the resulting House shapefile; and

(ii)any other relevant data such as aerial photographs, aerial maps, or other data about the area.

(c)Within five days of receipt of the request, the lieutenant governor shall:

(i)complete the review described in Subsection (2)(b) ; and

(ii)make a determination.

(d)When the lieutenant governor determines the location of the House district boundary, the lieutenant governor shall:

(i)prepare a certification identifying the appropriate House district boundary and attaching a map, if necessary; and

(ii)send a copy of the certification to:

(A)the affected party;

(B)the county clerk of the affected county; and

(C)the Utah Geospatial Resource Center created under Section 63A-16-505 .

(e)If the lieutenant governor determines the number of the House district in which a particular individual resides, the lieutenant governor shall send a letter identifying that district by number to:

(i)the individual;

(ii)the affected party who filed the petition, if different than the individual whose House district number was identified; and

(iii)the county clerk of the affected county.

Amended by Chapter 5 , 2021 Special Session 2