§ 1-40-136. Bills Enacted in the Second Regular Session of the Seventy-Second General Assembly That Include an Act Subject to Petition Clause – Legislative Declaration
(1) (a) The general assembly finds and declares that: (I) The second regular session of the seventy-second general assembly convened on January 8, 2020, and was scheduled to adjourn sine die on May 6, 2020, pursuant to section 8 of article V of the state constitution and Joint Rule 23 (d) of the joint rules […]
§ 1-40-132. Enforcement
(1) The secretary of state is charged with the administration and enforcement of the provisions of this article relating to initiated or referred measures and state constitutional amendments. The secretary of state shall have the authority to promulgate rules as may be necessary to administer and enforce any provision of this article that relates to […]
§ 1-40-133. Retention of Petitions
After a period of three years from the time of submission of the petitions to the secretary of state, if it is determined that the retention of the petitions is no longer necessary, the secretary of state may destroy the petitions. Source: L. 93: Entire article amended with relocations, p. 696, § 1, effective May […]
§ 1-40-134. Withdrawal of Initiative Petition
The designated representatives of the proponents of an initiative petition may withdraw the petition from consideration as a ballot issue by filing a letter with the secretary of state requesting that the petition not be placed on the ballot. The letter shall be signed and acknowledged by both designated representatives before an officer authorized to […]
§ 1-40-135. Petition Entities – Requirements – Definition
(1) As used in this section, “petition entity” means any person or issue committee that directly or indirectly provides compensation to a circulator to circulate a ballot petition. (2) (a) It is unlawful for any petition entity to provide compensation to a circulator to circulate a petition without first obtaining a license therefor from the […]
§ 1-40-119. Procedure for Hearings
At any hearing held under this article, the party protesting the finding of the secretary of state concerning the sufficiency of signatures shall have the burden of proof. Hearings shall be had as soon as is conveniently possible and shall be concluded within thirty days after the commencement thereof, and the result of such hearings […]
§ 1-40-120. Filing in Federal Court
In case a complaint has been filed with the federal district court on the grounds that a petition is insufficient due to failure to comply with any federal law, rule, or regulation, the petition may be withdrawn by the two persons designated pursuant to section 1-40-104 to represent the signers of the petition and, within […]
§ 1-40-121. Designated Representatives – Expenditures Related to Petition Circulation – Report – Penalty – Definitions
(1) As used in this section, unless the context otherwise requires: (a) “Expenditure” shall have the same meaning as set forth in section 2 (8) of article XXVIII of the state constitution and includes a payment to a circulator. (b) “False address” means the street address, post office box, city, state, or any other designation […]
§ 1-40-122. Certification of Ballot Titles
(1) The secretary of state, at the time the secretary of state certifies to the county clerk and recorder of each county the names of the candidates for state and district offices for general election, shall also certify to them the ballot titles and numbers of each initiated and referred measure filed in the office […]
§ 1-40-123. Counting of Votes – Effective Date – Conflicting Provisions
(1) The votes on all measures submitted to the people shall be counted and properly entered after the votes for candidates for office cast at the same election are counted and shall be counted, canvassed, and returned and the result determined and certified in the manner provided by law concerning other elections. The secretary of […]