(1) As used in this section: (a) "Number of active voters" means the number of active voters in the county, city, or town on the immediately preceding January 1. (b) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a) or (2)(b). (2) An eligible voter seeking to have an initiative submitted to a local legislative body or to a vote of the people for approval or rejection shall, after filing an initiative application, obtain legal signatures equal to: (a) for a county of the first class: (i) 7.75% of the number of active voters in the county; and (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75% of the county's voter participation areas; (b) for a city of the first class: (i) 7.5% of the number of active voters in the city; and (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75% of the city's voter participation areas; (c) for a county of the second class: (i) 8% of the number of active voters in the county; and (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of the county's voter participation areas; (d) for a city of the second class: (i) 8.25% of the number of active voters in the city; and (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75% of the city's voter participation areas; (e) for a county of the third class: (i) 9.5% of the number of active voters in the county; and (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75% of the county's voter participation areas; (f) for a city of the third class: (i) 10% of the number of active voters in the city; and (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75% of the city's voter participation areas; (g) for a county of the fourth class: (i) 11.5% of the number of active voters in the county; and (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the county's voter participation areas; (h) for a city of the fourth class: (i) 11.5% of the number of active voters in the city; and (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the city's voter participation areas; (i) for a city of the fifth class or a county of the fifth class, 25% of the number of active voters in the city or county; or (j) for a town or a county of the sixth class, 35% of the number of active voters in the town or county. (3) If the total number of certified signatures collected for the initiative petition equals or exceeds the number of signatures required by this section, the clerk or recorder shall deliver the proposed law to the local legislative body at the local legislative body's next meeting. (4) (a) The local legislative body shall either adopt or reject the proposed law without change or amendment within 30 calendar days after the day on which the local legislative body receives the proposed law under Subsection (3). (b) The local legislative body may: (i) adopt the proposed law and refer the proposed law to the people; (ii) adopt the proposed law without referring the proposed law to the people; or (iii) reject the proposed law. (c) If the local legislative body adopts the proposed law but does not refer the proposed law to the people, the proposed law is subject to referendum as with other local laws. (d) (i) If a county legislative body rejects a proposed law, or takes no action on a proposed law, the county clerk shall submit the proposed law to the voters of the county at the next regular general election immediately after the initiative application for the proposed law is filed under Section 20A-7-502. (ii) If a local legislative body of a municipality rejects a proposed law, or takes no action on a proposed law, the municipal recorder or clerk shall submit the proposed law to the voters of the municipality at the next municipal general election immediately after the initiative application is filed under Section 20A-7-502. (e) (i) If a local legislative body rejects a proposed law, or takes no action on a proposed law, the local legislative body may adopt a competing local law. (ii) The local legislative body shall prepare and adopt the competing local law within the 30- calendar-day period described in Subsection (4)(a). (iii) If a local legislative body adopts a competing local law, the clerk or recorder shall refer the competing local law to the voters of the county or municipality at the same election at which the law proposed by initiative is submitted under Subsection (4)(d). (f) If conflicting local laws are submitted to the people at the same election and two or more of the conflicting measures are approved by the people, the proposed law that receives the greatest number of affirmative votes shall control all conflicts.
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