§ 53G-3-401 — Consolidation of school districts -- Resolution by local school board members -- Petition by electors -- Certification of petition signatures -- Removal of signature -- Election.

(1) Two or more school districts may unite and form a single school district in one of the following ways:

(1)(a) a majority of the members of each of the local school boards of the affected districts shall approve and present to the county legislative body of the affected counties a resolution to consolidate the districts. Once this is done, consolidation shall be established under this chapter; or
(1)(b) a majority of the members of the local school board of each affected district, or 15% of the registered voters in each of the affected districts, shall sign and present a petition to the county legislative body of each affected county. The question shall be voted upon at an election called for that purpose, which shall be the next general or municipal election. Consolidation shall occur if a majority of those voting on the question in each district favor consolidation.
(2) If a registered voter petition is presented to the county legislative body under Subsection (1)(b):

(2)(a) within three business days after the day on which the county legislative body receives the petition, the county legislative body shall provide the petition to the county clerk; and
(2)(b) within 14 days after the day on which a county clerk receives a petition from the county legislative body, the county clerk shall:
(2)(b)(i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1)(b) for a registered voter petition;
(2)(b)(ii) certify on the petition whether each name is that of a registered voter in one of the affected districts; and
(2)(b)(iii) deliver the certified petition to the county legislative body.
(3) (3)(a) A voter who signs a registered voter petition under Subsection (1)(b) may have the voter's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
(3)(b) A statement described in Subsection (3)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(3)(c) 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.
(4) The elections required under Subsection (1)(b) shall be conducted and the returns canvassed as provided by election laws.

Legislative History

Amended by Chapter 116, 2023 General Session