§ 20A-13-104. Uncertain boundaries -- How resolved.


Latest version.
  • (1) As used in this section, "affected party" means:
    (a) a representative whose Congressional district boundary is uncertain because the boundary in the Congressional shapefile used to establish the district boundary has been removed, modified, or is unable to be identified or who is uncertain about whether or not the representative or another person resides in a particular Congressional district;
    (b) a candidate for Congressional representative whose Congressional district boundary is uncertain because the boundary in the Congressional shapefile used to establish the district boundary has been removed, modified, or is unable to be identified or who is uncertain about whether or not the candidate or another person resides in a particular Congressional district; or
    (c) a person who is uncertain about which Congressional district contains the person's residence because the boundary in the Congressional shapefile used to establish the district boundary has been removed, modified, or is unable to be identified.
    (2)
    (a) An affected party may file a written request petitioning the lieutenant governor to determine:
    (i) the precise location of the Congressional district boundary;
    (ii) the number of the Congressional district in which a person resides; or
    (iii) both Subsections (2)(a)(i) and (ii).
    (b) In order to make the determination required by Subsection (2)(a), the lieutenant governor shall review the Congressional shapefile and obtain and review other relevant data such as aerial photographs, aerial maps, or other data about the area.
    (c) Within five days of receipt of the request, the lieutenant governor shall review the Congressional shapefile, obtain and review any relevant data, and make a determination.
    (d) When the lieutenant governor determines the location of the Congressional district boundary, the lieutenant governor shall:
    (i) prepare a certification identifying the appropriate boundary and attaching a map, if necessary; and
    (ii) send a copy of the certification to:
    (A) the affected party;
    (B) the county clerk of the affected county; and
    (C) the Automated Geographic Reference Center created under Section 63F-1-506.
    (e) If the lieutenant governor determines the number of the Congressional district in which a particular person resides, the lieutenant governor shall send a letter identifying that district by number to:
    (i) the person;
    (ii) the affected party who filed the petition, if different than the person whose Congressional district number was identified; and
    (iii) the county clerk of the affected county.
Amended by Chapter 383, 2013 General Session