On July 6, state elections officials declared the petition insufficient because the shortfalls in the Cache and Utah county districts left sponsors with enough signatures in only 24 districts. After wrangling with numbers and specific questions on some individual signatures, attorneys for both sides now agree the petitions are short 228 signatures in Cache County and just two in Utah County.

Justices asked attorneys several questions of both sides throughout the arguments, apparently wrestling with the question of whether it is safe to assume a signature and a registered voter match based solely on sharing a name.

Attorneys for the petition sponsors said that, by signing a petition, Utahns certify that they are or intend to become registered voters, and that that should be legally binding.

Justice Ronald E. Nehring asked attorney Chris Yannelli, representing the Utah County clerk, how many of the signers who were disqualified will be prosecuted, since the clerk apparently believes they illegally signed without being registered to vote. Yannelli said he believed none would be prosecuted, a discrepancy Nehring questioned.

Chief Justice Christine M. Durham also expressed concern that there is an equal-protection violation because clerks in some counties may follow a procedure different from clerks in other counties.

Joel T. Zenger, an attorney for the petition sponsors, said he believes the court will issue a ruling or order very soon. Supreme Court rulings usually come months after arguments are heard, though election-related cases often require quicker resolutions.

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E-mail: dsmeath@desnews.com