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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-701

A municipality disincorporation petition must meet signature and filing requirements, be checked by the county clerk, and may lead to a court-ordered election if valid.

Source excerpt

election orderingpetition filingsignature validation
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“A municipality disincorporation petition must meet signature and filing requirements, be checked by the county clerk, and may lead to a court-ordered election if valid.”

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Subsection 10-2-701(3)

A signature counts as valid under this section only if it is by a registered voter who lives in the municipality proposed for disincorporation.

Section 10-2-701(3)

Subsection 10-2-701(5)(b)

The certifying person must certify on the petition whether each name is that of a registered voter from the municipality.

Section 10-2-701(5)(b)

Subsection 10-2-701(6)(b)

A statement described in Subsection (6)(a) must comply with the requirements in Subsection 20A-1-1003(2).

Section 10-2-701(6)(b)

Subsection 10-2-701(8)

If the district court finds the petition meets the stated section requirements and is otherwise complete, it must order a municipal dissolution question put to the voters.

Section 10-2-701(8)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 14 of 14 provisions

Provision 14

Part 10-2-7

part 10-2-7 Dissolution of Municipalities

§ 10-2-701Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election.Provision

Source excerpt

A municipality disincorporation petition must meet signature and filing requirements, be checked by the county clerk, and may lead to a court-ordered election if valid.

Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election. Disincorporation of a municipality shall be initiated upon petition. The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election. No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation. The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer. Within 21 days after the day on which the county clerk receives a petition, the county clerk shall: use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2) ; and certify on the petition whether each name is that of a registered voter from the municipality. A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2) . The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature. If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality. The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality.
Section 10-2-701Verify source
§ 10-2-701(1)Subsection 10-2-701(1)Provision

Source excerpt

A municipality’s disincorporation must be initiated when a petition is filed.

Disincorporation of a municipality shall be initiated upon petition.
Section 10-2-701(1)Verify source
§ 10-2-701(2)Subsection 10-2-701(2)Provision

Source excerpt

A petition must have signatures equal to 25% of the votes cast in the municipality at the last congressional election.

The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election.
Section 10-2-701(2)Verify source
§ 10-2-701(3)Subsection 10-2-701(3)Provision

Source excerpt

A signature counts as valid under this section only if it is by a registered voter who lives in the municipality proposed for disincorporation.

No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation.
Section 10-2-701(3)Verify source
§ 10-2-701(4)Subsection 10-2-701(4)Provision

Source excerpt

A petition with the specified number of signatures must be filed with the county clerk for validation.

The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer.
Section 10-2-701(4)Verify source
§ 10-2-701(5)Subsection 10-2-701(5)Provision

Source excerpt

The county clerk must, within 21 days after receiving a petition, use the procedures in Section 20A-1-1002 to check whether the petition meets Subsection (2) and certify whether each name is a registered municipal voter.

Within 21 days after the day on which the county clerk receives a petition, the county clerk shall: use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2) ; and certify on the petition whether each name is that of a registered voter from the municipality.
Section 10-2-701(5)Verify source
§ 10-2-701(5)(a)Subsection 10-2-701(5)(a)Provision

Source excerpt

Use the procedures in Section 20A-1-1002 to decide whether the petition meets Subsection (2)’s requirements.

use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2) ; and
Section 10-2-701(5)(a)Verify source
§ 10-2-701(5)(b)Subsection 10-2-701(5)(b)Provision

Source excerpt

The certifying person must certify on the petition whether each name is that of a registered voter from the municipality.

certify on the petition whether each name is that of a registered voter from the municipality.
Section 10-2-701(5)(b)Verify source
§ 10-2-701(6)Subsection 10-2-701(6)Provision

Source excerpt

A voter who signed a petition may ask the county clerk to remove the voter’s signature by filing a statement within 3 business days after the petition is filed.

A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2) . The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
Section 10-2-701(6)Verify source
§ 10-2-701(6)(a)Subsection 10-2-701(6)(a)Provision

Source excerpt

A voter who signed a petition may ask the county clerk to remove the voter’s signature by filing a statement within three business days after the petition is filed.

A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
Section 10-2-701(6)(a)Verify source
§ 10-2-701(6)(b)Subsection 10-2-701(6)(b)Provision

Source excerpt

A statement described in Subsection (6)(a) must comply with the requirements in Subsection 20A-1-1003(2).

A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2) .
Section 10-2-701(6)(b)Verify source
§ 10-2-701(6)(c)Subsection 10-2-701(6)(c)Provision

Source excerpt

The county clerk must use the procedures in Subsection 20A-1-1003(3) to decide whether to remove a signature from a petition after receiving a timely, valid removal request.

The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
Section 10-2-701(6)(c)Verify source
§ 10-2-701(7)Subsection 10-2-701(7)Provision

Source excerpt

If the county clerk finds the petition valid, the clerk must file the original with the district court and give a copy to the municipality’s governing body.

If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality.
Section 10-2-701(7)Verify source
§ 10-2-701(8)Subsection 10-2-701(8)Provision

Source excerpt

If the district court finds the petition meets the stated section requirements and is otherwise complete, it must order a municipal dissolution question put to the voters.

The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality.
Section 10-2-701(8)Verify source

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