§ 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 […]
§ 1-40-136. 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 […]
§ 1-40-115. Ballot – Voting – Publication
(1) Measures shall appear upon the official ballot by ballot title only. The measures shall be placed on the ballot in the order in which they were certified to the ballot and as provided in section 1-5-407 (5), (5.3), and (5.4). (2) (a) All ballot measures shall be printed on the official ballot in that […]
§ 1-40-116. Validation – Ballot Issues – Random Sampling – Rules
(1) For ballot issues, each section of a petition to which there is attached an affidavit of the registered elector who circulated the petition that each signature thereon is the signature of the person whose name it purports to be and that to the best of the knowledge and belief of the affiant each of […]
§ 1-40-117. Statement of Sufficiency – Cure
(1) After examining the petition: (a) If the petition proposes a law, the secretary of state shall issue a statement as to whether a sufficient number of valid signatures appears to have been submitted to certify the petition to the ballot; or (b) If the petition proposes an amendment to the state constitution, the secretary […]
§ 1-40-118. Protest
(1) A protest in writing, under oath, together with three copies thereof, may be filed in the district court for the county in which the petition has been filed by some registered elector, within fifteen days after the secretary of state issues a statement as to whether the petition has a sufficient number of valid […]
§ 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 […]