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An initiative must collect a certain number of holographic (handwritten) signatures to be placed on the ballot. The signature requirement depends on the total number of active voters within the jurisdiction and the jurisdiction’s classification as of January 1 of the year in which the initiative is filed. (Utah Code 20A-7-501)

Because these requirements are based on active voters and classifications, they change regularly. Beginning January 1, 2020, some jurisdictions require a percentage of signatures within geographic areas called “voter participation areas.”

Sponsors may obtain an application from the local clerk or create their own. County laws go to the county clerk; municipal laws go to the municipal clerk. Applications must include: (Utah Code 20A-7-502)

• The name, residence address, and notarized signatures of at least five sponsors.
• A statement indicating each sponsor is a registered Utah voter.
• The full text of the proposed law with a clear subject title.
• If proposing a tax increase, specific statutory phrasing stating the tax rate difference and percentage increase.

1. Fiscal and Legal Impact Estimate

Within 3 business days, the clerk forwards the application to the local budget officer. Within 20 calendar days, the officer prepares an unbiased fiscal/legal impact estimate and sends it to the first three sponsors. (Utah Code 20A-7-502.5)

2. Referability to Voters

Simultaneously, the local government decides within 20 days if the law is legally referable. It may be rejected if it contains multiple subjects, is unconstitutional, is administrative rather than legislative, or was submitted similarly within the past two years. Sponsors have 10 days to appeal rejections in court. (Utah Code 20A-7-502.7)

If referable, a proposition information pamphlet is distributed. (Utah Code 20A-7-401.5)

• Submitting Arguments: Sponsors have 15 days to submit a max 500-word argument in favor. The local government may also write an argument. Both parties have until 20 days post-application to revise.
• Distribution: Clerks distribute the pamphlet via the Utah Public Notice website, the local government homepage, resident email lists, and potentially on utility bills/newsletters.

The local clerk provides the petition copy within 5 days of a referability determination. Sponsors are responsible for printing and binding. (Utah Code 20A-7-501, 503, 504)

• Format: Packets must have a cover page, law copy, pamphlet copy, 1-50 signature pages, and a circulator verification page, bound securely across the top.
• Circulating: Circulators must be 18+. Paid gatherers must be paid hourly (not per signature) and wear a clerk-assigned ID badge. (Utah Code 20A-7-104)
• Signers: Non-registered voters can sign if they also fill out a voter registration form. Individuals can remove their signature within 90 days by submitting a statement to the clerk.

Sponsors must deliver packets to the county clerk by the sooner of: (Utah Code 20A-7-105 & 507)

• 316 days after the application was filed; OR
• April 15th immediately before the regular general election.

The clerk will verify the signatures no later than 21 days after receipt. Verified municipal packets are forwarded to the municipal clerk.

Within 20 calendar days after submission, the local government attorney writes a 100-word impartial ballot title. A proposition number (e.g., Proposition #6) is obtained from the lieutenant governor’s office. (Utah Code 20A-7-508)

Sponsors and the legislative body have 5 days to submit comments on the draft title to the clerk, which the attorney may choose to review and implement.

The clerk tabulates valid signatures and declares the petition sufficient or insufficient. If insufficient, no additional signatures can be added, but sponsors can formally demand a recount in their presence. (Utah Code 20A-7-507)

If sufficient, the legislative body receives the law at its next meeting and has 30 days to: (Utah Code 20A-7-501)

• Adopt the proposed law and refer it to the people;
• Adopt the proposed law without referring it to the people;
• Reject the proposed law; or
• Adopt a competing law and refer both to the people.

If rejected or ignored, the clerk automatically submits the law to voters at the next general election.

If sufficient, a second pamphlet (the Voter Information Pamphlet) is distributed 45-15 days before the general election. (Utah Code 20A-7-402)

It contains prior arguments, the fiscal impact statement, the text/summary of the initiative, and Rebuttal Arguments (max 250 words, submitted by sponsors/opponents no later than 45 days before the election).

Ballot Format: Includes the proposition number, title, and FOR/AGAINST choices placed at the end of the ballot. (Utah Code 20A-7-508)

Canvassing: A public meeting certifies results 7-14 days after the election. If approved, the legislative body issues a proclamation putting it into effect. (20A-7-510)

Conflicts: If two conflicting initiatives pass, the one with the greatest number of FOR votes supersedes the other.

Unless the initiative specifies an effective date, it takes effect 5 calendar days after the date of the official proclamation. (Utah Code 20A-7-511)

Within 60 days of approval, the local budget officer completes another fiscal review. If the statement exceeds the initial estimate by 25% or more, the legislative body may: (Utah Code 20A-7-513)

• Repeal the law;
• Amend the law; or
• Pass a resolution informing voters they may file an initiative petition to repeal the law.