From Deseret News archives:

Ruling opens door to open space

Signatures from 2 counties are called valid

Published: Monday, Aug. 16, 2004 12:51 p.m. MDT
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The court included a suggestion to the Legislature that it clarify the process to avoid future complications.

"It may be that further attention from the Legislature would be helpful regarding certification standards for county clerks," the court wrote, pointing out that attorneys for both sides of the issue argued that inclusion of additional identifying information — such as a birth date — would improve the accuracy of signature verification.

The signatures in question will now be re-evaluated by the clerks in Utah and Cache counties, and if they find enough signatures were gathered under the new standards, they will present them to the lieutenant governor's office for certification. After that, a ballot title and neutral ballot language will have to be drafted and approved by both sides, and arguments for and against the tax increase may be submitted for inclusion in the voter information guide. All of this must be done by a Sept. 3 deadline for the initiative to appear on November's ballot.

"I think we'll make it," said Amanda Smith, president of Utahns for Clean Water. She said after going through a last-minute court battle to get the signatures reconsidered, her group will push hard to meet the deadline.

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"We've had overwhelming support in this state for people who want the opportunity to protect clean air and clean water in our critical lands," she said. "It's something we have to push forward with."

Calls to the state attorney general's office, which argued against the re-evaluation of the signatures, were not returned Friday afternoon. The Utah and Cache county clerks also could not be reached for comment.

If approved, the initiative would fund a $150 million effort to preserve open space statewide and fund projects that protect water, air, wildlife habitat, agricultural land and community parks and trails. The project would be funding by a sales tax bond that would be repaid over 10 years with a sales tax increase of 0.05 percent. Smith estimated the increase would cost the average Utah family about $14 a year.


Contributing: Associated Press

E-mail: dsmeath@desnews.com

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