From Deseret News archives:

Open-space advocates take petition to high court

They hope review of signatures will put issue before voters

Published: Wednesday, July 21, 2004 9:24 p.m. MDT
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The Utah Supreme Court once again is being asked to weigh in on the state's controversial initiative law.

Proponents of a proposed $150 million bond measure to preserve open space on Tuesday petitioned the Supreme Court to review their signature-gathering results and ultimately allow Utahns to vote on the issue Nov. 4.

"This petition process has shown that Utahns care about protecting their clean drinking water, air quality and the many natural places that make our state unique," said Amanda Smith, president of Utahns for Clean Water, Clean Air & Quality Growth. "We are confident the Supreme Court will review the results and verify that the required number of Utahns signed petitions . . . giving all of us the right to vote on this incredibly important issue."

On July 6, state elections officials declared the petition insufficient to place the open-space proposal on the ballot — even though proponents collected more than 95,000 signatures, well above the minimum threshold to qualify for placement on the ballot.

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Utah law, however, requires that petitioners must gather signatures of at least 10 percent of registered voters in 26 of 29 state Senate districts. Elections officials determined that backers fell short in two districts — having collected the required number of signatures in only 24 of the 26 required districts.

Utahns for Clean Water, Clean Air & Quality Growth spent the past few days reviewing the signature-gathering results and believe they have met all the requirements to place the measure on the ballot. The group is now asking the Utah Supreme Court to review and verify the success of the signature-gathering effort. A ruling is expected sometime before July 30.

There have been numerous challenges to Utah's initiative process. They prompted the Utah Legislature last year to change the law that critics say is still too stringent, making it nearly impossible for issues to get on the ballot.

But backers are simply asking the Supreme Court to review the results, uphold the law and put the issue to voters.

"Clean rivers and streams, working family farms and ranches, community parks and open spaces, this is the core of what makes Utah a great place to live," said Budd Scruggs, vice president of Leucadia National and one of the original sponsors of the initiative petition. "In November, we will have a chance to ensure this core remains intact and healthy for our children and grandchildren."

If passed in November, the Utah Clean Water, Quality Growth and Open-Space Initiative will allow the state to bond for $150 million to fund projects throughout the state that protect water, air, wildlife habitat, agricultural land, and community parks and trails. The bond will be funded through a 0.05 percent sales tax increase for approximately 10 years, costing the average Utah family roughly $14 per year.


E-mail: donna@desnews.com

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