53G-3-301.1. Creation of a new school district -- Citizens' petition -- Procedures to follow -- Removal or reinstatement of signature.

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Effective 5/25/2026

(1)Citizens may file a petition to create a new school district in accordance with this section and Section 53G-3-301 .

(a)The county clerk shall ensure that a petition described in Subsection

(1)is signed by registered voters residing within the geographical boundaries of the proposed new school district in an amount equal to at least 10% of all votes cast within the geographic boundaries of the proposed new school district for all candidates for president of the United States at the last regular general election at which a president of the United States was elected.

(b)The sponsors of a petition described in Subsection

(1)shall file the petition with the clerk of each county in which any part of the proposed new school district is located.

(c)The petition sponsors shall ensure that the petition described in Subsection

(1):

(i)indicates the typed or printed name and current residence address of each voter who signs the petition;

(ii)describes the proposed new school district boundaries; and

(iii)designates up to five signers of the petition as sponsors, designating one as the contact sponsor, with the mailing address and telephone number of each.

(d)The first page of a petition described in this section shall include the following statement in at least the same size type as the majority of the other statements on the page:

"WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDS

If you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record."

(i)A signer of a petition described in Subsection

(1)may remove or, once removed, reinstate the signer's signature by filing a written statement requesting removal or reinstatement with the county clerk no later than three business days after the day on which the petition is filed with the county clerk.

(ii)A statement described in Subsection (3)(a)(i) shall comply with the requirements described in Subsection 20A-1-1003

(2).

(iii)The county clerk shall use the procedures described in Subsection 20A-1-1003

(3)to determine whether to remove or reinstate an individual's signature from a petition after receiving a timely, valid statement.

(b)The county clerk shall use the procedures described in Section 20A-1-1002 to determine whether the petition has been signed by the required number of registered voters residing within the geographical boundaries of the proposed new school district.

(4)Within 14 days after the day on which a petition described in Subsection

(1)is filed, the clerk of each county with which the request or petition is filed shall:

(a)determine whether the petition complies with Subsections

(2)and

(3), as applicable, and Section 53G-3-301 ; and

(i)if the county clerk determines that the request or petition complies with the applicable requirements:

(A)certify the petition and deliver the certified petition to the county legislative body; and

(B)mail or deliver written notification of the certification to the contact sponsor; or

(ii)if the county clerk determines that the petition fails to comply with any of the applicable requirements, reject the petition and notify the contact sponsor in writing of the rejection and reasons for the rejection.

(a)If the county clerk fails to certify or reject a petition within the time specified in Subsection

(4), the petition is considered to be certified.

(b)If the county clerk rejects a petition, the individual who submitted the petition may amend the petition to correct the deficiencies for which the county clerk rejected the petition and refile the petition.

(6)Within 10 days after the day on which a county legislative body receives a certified petition as described in Subsection

(4)or

(5), the county legislative body shall request a feasibility study.

(a)The county legislative body shall:

(i)provide for a 30-day public comment period to begin on the day the county legislative body receives the study under Subsection

(6); and

(ii)hold at least two public hearings on the study and recommendations.

(b)Within five business days after the day on which the public comment period ends, the legislative body of each county with which a petition is filed shall vote on the creation of the proposed new school district.

(c)A county legislative body approves a petition proposing a new school district if a majority of the members of the legislative body vote in favor of the petition.

(a)Within five business days after the day on which a county legislative body approves a petition proposing a new school district under Subsection

(7), the county legislative body shall provide notice of the approval and a copy of the petition to which the approval relates to the county clerk of each county described in Subsection (2)(b) .

(b)If each county described in Subsection (2)(b) approves a petition proposing a new school district, the county clerks of the counties shall submit the proposal for the creation of a new school district to all legal voters in the proposed new school district for approval or rejection at the next regular general election that is at least 65 days after the day on which all of the counties described in Subsection (2)(b) have complied with Subsection (8)(a) .

(c)The new school district proposed in the petition and the reorganized new school district are created if a majority of the voters in the proposed new school district vote in favor of creating the new school district.

Amended by Chapter 102 , 2026 General Session