Effective 6/1/2022
20A-7-601. Referenda — General signature requirements — Signature requirements for land use laws, subjurisdictional laws, and transit area land use laws — Time requirements.
20A-7-601. Referenda — General signature requirements — Signature requirements for land use laws, subjurisdictional laws, and transit area land use laws — Time requirements.
- (1) As used in this section:
- (a) “Number of active voters” means the number of active voters in the county, city, or town on the immediately preceding January 1.
- (b) “Qualifying county” means a county that has created a small public transit district, as defined in Section 17B-2a-802, on or before January 1, 2022.
- (c) “Qualifying transit area” means:
- (i) a station area, as defined in Section 10-9a-403.1, for which the municipality with jurisdiction over the station area has satisfied the requirements of Subsection 10-9a-403.1(2)(a), as demonstrated by the adoption of a station area plan or resolution under Subsection 10-9a-403.1(2); or
- (ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created within a qualifying county.
- (d) “Subjurisdiction” means an area comprised of all precincts and subprecincts in the jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
- (e)
- (i) “Subjurisdictional law” means a local law or local obligation law passed by a local legislative body that imposes a tax or other payment obligation on property in an area that does not include all precincts and subprecincts under the jurisdiction of the county, city, town, or metro township.
- (ii) “Subjurisdictional law” does not include a land use law.
- (f) “Transit area land use law” means a land use law that relates to the use of land within a qualifying transit area.
- (g) “Voter participation area” means an area described in Subsection 20A-7-401.3(1)(a) or (2)(b).
- (2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have a local law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
- (a) for a county of the first class:
- (i) 7.75% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75% of the county’s voter participation areas;
- (b) for a metro township with a population of 100,000 or more, or a city of the first class:
- (i) 7.5% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (c) for a county of the second class:
- (i) 8% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of the county’s voter participation areas;
- (d) for a metro township with a population of 65,000 or more but less than 100,000, or a city of the second class:
- (i) 8.25% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (e) for a county of the third class:
- (i) 9.5% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75% of the county’s voter participation areas;
- (f) for a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:
- (i) 10% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (g) for a county of the fourth class:
- (i) 11.5% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the county’s voter participation areas;
- (h) for a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:
- (i) 11.5% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (i) for a metro township with a population of 1,000 or more but less than 10,000, a city of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro township, city, or county; or
- (j) for a metro township with a population of less than 1,000, a town, or a county of the sixth class, 35% of the number of active voters in the metro township, town, or county.
- (a) for a county of the first class:
- (3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land use law or local obligation law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
- (a) for a county of the first, second, third, or fourth class:
- (i) 16% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the county’s voter participation areas;
- (b) for a county of the fifth or sixth class:
- (i) 16% of the number of active voters in the county; and
- (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the county’s voter participation areas;
- (c) for a metro township with a population of 100,000 or more, or a city of the first class:
- (i) 15% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (d) for a metro township with a population of 65,000 or more but less than 100,000, or a city of the second class:
- (i) 16% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (e) for a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:
- (i) 27.5% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (f) for a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:
- (i) 29% of the number of active voters in the metro township or city; and
- (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (g) for a metro township with a population of 1,000 or more but less than 10,000, or a city of the fifth class, 35% of the number of active voters in the metro township or city; or
- (h) for a metro township with a population of less than 1,000 or a town, 40% of the number of active voters in the metro township or town.
- (a) for a county of the first, second, third, or fourth class:
- (4) A person seeking to have a subjurisdictional law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures of the residents in the subjurisdiction equal to:
- (a) 10% of the number of active voters in the subjurisdiction if the number of active voters exceeds 25,000;
- (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 25,000 but is more than 10,000;
- (c) 15% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 10,000 but is more than 2,500;
- (d) 20% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 2,500 but is more than 500;
- (e) 25% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 500 but is more than 250; and
- (f) 30% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 250.
- (5) An eligible voter seeking to have a transit area land use law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
- (a) for a county:
- (i) 20% of the number of active voters in the county; and
- (ii) 21% of the number of active voters in at least 75% of the county’s voter participation areas;
- (b) for a metro township with a population of 100,000 or more, or a city of the first class:
- (i) 20% of the number of active voters in the metro township or city; and
- (ii) 20% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (c) for a metro township with a population of 65,000 or more but less than 100,000, or a city of the second class:
- (i) 20% of the number of active voters in the metro township or city; and
- (ii) 21% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (d) for a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:
- (i) 34% of the number of active voters in the metro township or city; and
- (ii) 34% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas;
- (e) for a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:
- (i) 36% of the number of active voters in the metro township or city; and
- (ii) 36% of the number of active voters in at least 75% of the metro township’s or city’s voter participation areas; or
- (f) for a metro township with a population less than 10,000, a city of the fifth class, or a town, 40% of the number of active voters in the metro township, city, or town.
- (a) for a county:
- (6) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), or (5), any local law passed by a local legislative body shall file the application before 5 p.m. within seven days after the day on which the local law was passed.
- (7) Nothing in this section authorizes a local legislative body to impose a tax or other payment obligation on a subjurisdiction in order to benefit an area outside of the subjurisdiction.
Amended by Chapter 406, 2022 General Session