Section 606 – Manual referendum process — Submitting the referendum petition — Certification of signatures by the county clerks — Transfer to local clerk.

Effective 1/1/2023
20A-7-606. Manual referendum process — Submitting the referendum petition — Certification of signatures by the county clerks — Transfer to local clerk.

• (1) This section applies only to the manual referendum process.

• (2)
  • (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified referendum packet to the county clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
    • (i) 30 days after the day on which the first individual signs the referendum packet; or
    • (ii) 45 days after the day on which the sponsors receive the items described in Subsection 20A-7-604(3) or from the local clerk.
  • (b) A person may not submit a referendum packet after the deadline described in Subsection (2)(a).

• (3) No later than 21 days after the day on which a county clerk receives a verified referendum packet under Subsection (2)(a), the county clerk shall:
  • (a) determine whether each signer is a registered voter according to the requirements of Section 20A-7-606.3;
  • (b) certify on the petition whether each name is that of a registered voter;
  • (c) provide the name, voter identification number, and date of signature of each registered voter certified under Subsection (3)(b); and
  • (d) deliver the verified packet to the local clerk.

• (4)
  • (a) If the county clerk timely receives a statement requesting signature removal under Subsection 20A-7-605(4), the county clerk shall:
    • (i) ensure that the voter’s name, voter identification number, and date of signature are not included in the posting described in Subsection 20A-7-607(2)(a); and
    • (ii) remove the voter’s signature from the signature packets and signature packet totals.
  • (b) The county clerk shall comply with Subsection (4)(a) before the later of:
    • (i) the deadline described in Subsection (3); or
    • (ii) two business days after the day on which the county clerk receives a statement requesting signature removal under Subsection 20A-7-605(4).
  • (c) The local clerk shall post a link in a conspicuous location on the local government’s website to the posting described in Subsection 20A-7-607(2)(a) during the period of time described in Subsection 20A-7-607(2)(a)(i).

• (5) The county clerk may not certify a signature under Subsection (3):
  • (a) on a referendum packet that is not verified in accordance with Section 20A-7-605; or
  • (b) that does not have a date of signature next to the signature.

• (6) A person may not retrieve a referendum packet from a county clerk, or make any alterations or corrections to a referendum packet, after the referendum packet is submitted to the county clerk.

Amended by Chapter 325, 2022 General Session