Instructions for a Local Referendum
Local Referenda Overview
A local referendum is a petition to put an existing law to a vote of the people for their approval or rejection. To place a local referendum on the ballot, the sponsors of a referendum must complete the procedures described below. Please note that referenda on a land use law, sub jurisdictional law, or property taxes are subject to modified requirements.
Disclaimer Statutory Governance
This information is not a substitute for Utah State Code, and it is not intended to be a comprehensive statement of law. If any inconsistency exists between this website and statute, the statutory language governs. referendum applications that were pending prior to May 13, 2019 are subject to older regulations and requirements; contact the local clerk for more information. Please consult Utah State Code Title 20A Chapter 7 Part 6.
Required Resources & Links
Political Issues Committee (PIC)
If a group of individuals raises or spends money in relation to a ballot proposition, it will likely need to register a Political Issues Committee (PIC) with the Lieutenant Governor’s Office and regularly disclose finances.
Signature Requirements Tables
Because classifications and the number of active voters vary from one jurisdiction to another, sponsors should contact their local clerk to determine their specific signature requirement.
The 11-Step referendum Process
Step 1: Determine the Referendum’s Signature Requirement
A referendum must collect a certain number of holographic (i.e., handwritten) signatures to be placed on the ballot. The signature requirement depends on the number of active voters within the jurisdiction, the jurisdiction’s classification, and the type of law being referred. (Utah Code 20A-7-601)
All referenda must obtain signatures from a percentage of active voters within the jurisdiction. However, beginning on January 1, 2020, sponsors in some jurisdictions must obtain a percentage of signatures within geographic areas called “voter participation areas.”
Step 2: File an Application with the Local Clerk
referendum applications must be submitted to the clerk before 5:00 pm within seven days after the day on which the local law was passed. Sponsors may obtain a referendum application from the local clerk, or create their own. The application must include: (Utah Code 20A-7-602)
- The name, residence address, and notarized signatures of at least five sponsors of the petition.
- A statement indicating that each sponsor is a resident of Utah and has voted in a election in Utah within the last three years.
- One copy of the ordinance or resolution that the referendum is challenging.
Step 3: Review and Analysis by the Local Government
1. Fiscal and Legal Impact Estimate
Within 3 business days of receiving the application, the local clerk forwards the referendum to the local budget officer to prepare an unbiased estimate of the fiscal and legal impact of repealing the law. (Utah Code 20A-7-602.5)
2. Referability to voters
The local government determines whether the referendum is legally referable to voters. It may be rejected if it is administrative rather than legislative, challenges more than one law, or if the application does not comply with legal requirements. Sponsors may appeal decisions in court within 10 days. (Utah Code 20A-7-602.7 and 602.8)
Step 4: Proposition Information Pamphlet
If referable, the local government distributes a proposition information pamphlet containing the application, arguments, and the fiscal/legal estimate. (Utah Code 20A-7-401.5)
- Arguments: Sponsors have 15 days to submit an argument (max 500 words) in favor. Both sponsors and the local government can revise arguments within 20 days.
- Distribution: The pamphlet is distributed via email, the Utah Public Notice website, the local government’s homepage, and sometimes utility bills.
Step 5: Collect Petition Signatures
The clerk provides the petition within 5 days of a positive determination. Sponsors print and bind the packets (cover page, law copy, pamphlet copy, 1-50 signature pages, and verification page). (Utah Code 20A-7-603)
Circulating: Circulators must be 18+. They must complete the verification sheet for their packet but cannot sign their own. If an individual wishes to sign but isn’t registered, they can fill out a registration form before their signature is submitted.
Step 6: Submit Petition Signatures to the County Clerk
Sponsors must submit all petition packets to the county clerk no later than 45 calendar days after the day the clerk provided the materials. (Utah Code 20A-7-605 and 606)
The county clerk will verify the signatures no later than 30 days after receiving them. (Note: Exceptions apply for tax rates exceeding the certified rate, requiring 40-day submission and 10-day verification).
Step 7: Drafting the ballot Title
Within 20 calendar days after submission, the local attorney writes an impartial 100-word ballot title. A proposition number is obtained from the lieutenant governor. Sponsors and the legislative body have 5 days to comment before it is finalized. (Utah Code 20A-7-608)
Step 8: Evaluation by the Local Clerk
After verification, the clerk tabulates valid signatures, compares them to the requirement, and declares the petition sufficient or insufficient. The clerk immediately notifies at least one sponsor. (Utah Code 20A-7-607)
Step 9: Law is Placed on Hold
If declared sufficient, the local law does not take effect until the voters approve of the local law at a election. (Utah Code 20A-7-601)
Step 10: Local Voter Information Pamphlet
If sufficient, a second pamphlet is distributed 45-15 days before the general election. It contains prior arguments, the text of the proposition, and Rebuttal Arguments (max 250 words, submitted no later than 45 days before the election). (Utah Code 20A-7-402)
Step 11: Election and Canvassing of Results
ballot Format: Includes proposition number, title, and choices of FOR and AGAINST. (Utah Code 20A-7-608)
Canvassing & Proclamation: A public meeting certifies results 7-14 days after the election. If approved, a proclamation puts it into effect. If rejected, the law is repealed. (20A-7-610)
Conflicting laws: If two conflicting laws are approved, only the one with the greatest number of FOR votes goes into effect.