According to assistant attorney general Thom Roberts, who represents Herbert, the state regulates who votes on an issue based on who initiates the process.

"If a school district wanted to change itself, all the people that voted those people in vote to ratify that decision," Roberts said. "Here, you have a situation where the cities have gotten together and said, 'We think this is a good idea.' The Legislature has allowed them to make that decision based on their feasibility study and empowered them to do it."

Herriman Mayor Lynn Crane says an east-side split from the Jordan School District is different than an annexation because the east side will keep many of the resources that have been provided by the west side.

"The difference is, when (cities) annex, they don't take assets from whom they leave," Crane said. "If (the east-side cities) want to create their own school district and leave the (Jordan School District's) assets alone, I'm fine."

Unless Stewart intervenes and rules that the election is unconstitutional, Roberts said Swensen will be required by law to tally the votes, and Herbert will be required to ratify the results.

Stewart said he will make a decision before the Nov. 6 vote.

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