Saturday, August 11, 2012

Utah State Code Allows Voters to get signatures for a referendum petition. 20-A-7-601

3(a)(2) states "(2), any local law passed by a local legislative body . . . ".can be challenged by a referendum petition.

     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.

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