Referability to voters of local law other than land use law

(1) Within 20 calendar days after the day on which an eligible voter files a referendum application under Section 20A-7-602 for a local law other than a land use law, counsel for the county, city, or town to which the referendum pertains shall: (a) review the referendum application to determine whether the proposed referendum is legally referable to voters; and (b) notify the first three sponsors, in writing, whether the proposed referendum is: (i) legally referable to voters; or (ii) rejected as not legally referable to voters. (2) For a local law other than a land use law, a proposed referendum is legally referable to voters unless: (a) the proposed referendum challenges an action that is administrative, rather than legislative, in nature; (b) the proposed referendum challenges more than one law passed by the local legislative body; or (c) the referendum application was not timely filed or does not comply with the requirements of this part. (3) After the end of the 20-calendar-day period described in Subsection (1), a county, city, or town may not, for a local law other than a land use law: (a) reject a proposed referendum as not legally referable to voters; or (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a proposed referendum on the grounds that the proposed referendum is not legally referable to voters. (4) (a) If, under Subsection (1)(b)(ii), a county, city, or town rejects a proposed referendum concerning a local law other than a land use law, a sponsor of the proposed referendum may, within 10 days after the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision to: (i) the Supreme Court, by means of an extraordinary writ, if possible; or (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ under Subsection (4)(a)(i). (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a) terminates the referendum. (5) If, on a challenge or appeal, the court determines that the proposed referendum described in Subsection (4) is legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101, within five calendar days after the day on which the determination, and any challenge or appeal of the determination, is final.