Title 20A Chapter 7 Section 601

Election Code
Issues Submitted to the Voters
Section 601
Referenda -- General signature requirements -- Signature requirements for land use laws -- Time requirements.

            

20A-7-601.   Referenda -- General signature requirements -- Signature requirements for land use laws -- Time requirements.

            (1) Except as provided in Subsection (2), a person seeking to have a law passed by the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:

            (a) 10% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected if the total number of votes exceeds 25,000;

            (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected if the total number of votes does not exceed 25,000 but is more than 10,000;

            (c) 15% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected if the total number of votes does not exceed 10,000 but is more than 2,500;

            (d) 20% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected if the total number of votes does not exceed 2,500 but is more than 500;

            (e) 25% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected if the total number of votes does not exceed 500 but is more than 250; and

            (f) 30% of all the votes cast in the county, city, or town for all candidates for President of the United States at the last election at which a President of the United States was elected if the total number of votes does not exceed 250.

            (2) (a) As used in this Subsection (2), "land use law" includes a land use development code, an annexation ordinance, and comprehensive zoning ordinances.

            (b) A person 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:

            (i) in a county or in a city of the first or second class, 20% of all votes cast in the county or city for all candidates for President of the United States at the last election at which a President of the United States was elected; and

            (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the city or town for all candidates for President of the United States at the last election at which a President of the United States was elected.

            (3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2), any local law passed by a local legislative body shall file the application within five days after the passage of the local law.

            (b) When a referendum petition has been declared sufficient, the local law that is the subject of the petition does not take effect unless and until the local law is approved by a vote of the people.

            (4) If the referendum passes, the local law that was challenged by the referendum is repealed as of the date of the election.


Amended by Chapter 72, 2012 General Session