20A-7-310 - Return and canvass -- Conflicting measures -- Law effective on proclamation.
20A-7-310. Return and canvass -- Conflicting measures -- Law effective onproclamation.
(1) The votes on the law proposed by the referendum petition shall be counted,canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
(2) After the state board of canvassers completes its canvass, the lieutenant governorshall certify to the governor the vote for and against the law proposed by the referendum petition.
(3) (a) The governor shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the state for and against each law proposed by areferendum petition; and
(ii) declares those laws proposed by a referendum petition that were approved bymajority vote to be in full force and effect as the law of Utah.
(b) When the governor believes that two proposed laws, or that parts of two proposedlaws approved by the people at the same election are entirely in conflict, he shall proclaim thatmeasure to be law that has received the greatest number of affirmative votes, regardless of thedifference in the majorities which those measures have received.
(4) (a) Within 10 days after the governor's proclamation, any qualified voter who signedthe referendum petition proposing the law that is declared by the governor to be superseded byanother measure approved at the same election may apply to the Supreme Court to review thegovernor's decision.
(b) The Supreme Court shall:
(i) consider the matter and decide whether or not the proposed laws are in conflict; and
(ii) certify its decision to the governor.
(5) Within 10 days after the Supreme Court certifies its decision, the governor shall:
(a) proclaim all those measures approved by the people as law that the Supreme Courthas determined are not in conflict; and
(b) of all those measures approved by the people as law that the Supreme Court hasdetermined to be in conflict, proclaim as law the one that received the greatest number ofaffirmative votes, regardless of difference in majorities.
Amended by Chapter 367, 2010 General Session