Details about the Provo referendum:
On August 31, 2020 Utahns for Medical Freedom (UMF) filed a referendum on Provo’s recent COVID-19 reaction ordinance 2020-36R. This contentious edict was passed by the Provo City council on August 25th, vetoed by the Mayor on the 26th, and overridden by the council on the 27th . The council erroneously asserts they have the final say on these draconian measures. According to Provo City’s recorder Amanda Ercanbrack the covid edict is in effect and will remain in effect unless 3,200 valid signatures are gathered to put the law on hold for a 2021 ballot. However, the Utah Constitution Article VI Sec. 1 (2)(b) states that the legal voters of any ...city…may...require any law or ordinance passed by the law making body of the ...city...to be submitted to the voters thereof, as provided by statute, BEFORE the law or ordinance may take effect.”
As a referendum has been filed, this law is supposed to be on hold until the culmination of the referendum process, regardless of whether or not it is in time for the next ballot.
Provo City's attorney Brian Jones argues that according to Utah Code Section 20A-7-601(5)(b), part of the statute governing referenda states that when a referendum petition has been declared sufficient, which is after enough signatures have been counted, that is the point at which the law does not take effect. However, other lawyers argue that the Constitution is controlling, not the statute.
The ordinance is self-expiring on November 15th of this year unless renewed by the council. Signatures might be validated before the council meets again to vote on October 20th to extend or end the mandate, if the county clerk is not busy with the election yet and does not take the full 30 days they are allowed to count them. If there are enough signatures by that point, due to public pressure, it is highly unlikely that the Provo City Council would continue the ordinance.
However, Amanda said that even if all the signatures are gathered within just a few days, if Provo City and the Utah County Clerk use their maximum 25 days to give us the signature packets, then 32 days to verify and count signatures, plus 20 days to put it on the ballot, if wouldn't be on the ballot until after the ordinance expires anyways. Plus the deadline was April 15th to make this year's ballot. This information can be used to try to dissuade any person or group from filing referendums on "temporary" ordinances that expire prior to the conclusion of the referendum process, which could be repeated process indefinitely if the ordinance is renewed repeatedly throughout the next year until it can be voted on November 2021. This is why it is imperative that Provo citizens give resistance to the mandate.
While our efforts will focus mainly on gathering signatures, there is also an option to file an emergency writ with the Utah supreme court to declare that this Provo City ordinance cannot be enforced until the referendum process has been concluded. We may raise funds to pay our legal fees to file an injunction to stop Provo from illegally enforcing the mandate before it has been voted on.
IF UNCHALLENGED, LOCAL REFERENDUMS WILL BE EFFECTIVELY DISABLED. Provo City is the lynch pin. If they get away with flagrantly violating the Utah Constitution to enforce this ordinance in Provo City, the same abuses will happen statewide and the incursions will increase exponentially over time. Like Provo City, other counties and cities are passing "temporary" ordinances that expire prior to the reasonable conclusion of any referendum process. They will simply pass new "temporary" ordinances in the same manner. This will effectively bar the people's right to challenge any local ordinance via a referendum, because they will never be able to challenge it in time to stop it.
While responses to COVD-19 are all over the spectrum, one point is certain: The People of the State of Utah are the final say in all legislative matters. We’ve had enough of overbearing, uneducated, knee-jerk reactions that curtail or eliminate the people's right to decide on controversial matters concerning their health and safety.
Regardless of Provo City’s unconstitutional attempt to now enforce this edict, many Provo Citizens who believe in health freedom are organizing in preparation to sign the petition, which started September 26.
The Provo Covid-19 ordinance 2020-36R can be found here.
On August 31, 2020 Utahns for Medical Freedom (UMF) filed a referendum on Provo’s recent COVID-19 reaction ordinance 2020-36R. This contentious edict was passed by the Provo City council on August 25th, vetoed by the Mayor on the 26th, and overridden by the council on the 27th . The council erroneously asserts they have the final say on these draconian measures. According to Provo City’s recorder Amanda Ercanbrack the covid edict is in effect and will remain in effect unless 3,200 valid signatures are gathered to put the law on hold for a 2021 ballot. However, the Utah Constitution Article VI Sec. 1 (2)(b) states that the legal voters of any ...city…may...require any law or ordinance passed by the law making body of the ...city...to be submitted to the voters thereof, as provided by statute, BEFORE the law or ordinance may take effect.”
As a referendum has been filed, this law is supposed to be on hold until the culmination of the referendum process, regardless of whether or not it is in time for the next ballot.
Provo City's attorney Brian Jones argues that according to Utah Code Section 20A-7-601(5)(b), part of the statute governing referenda states that when a referendum petition has been declared sufficient, which is after enough signatures have been counted, that is the point at which the law does not take effect. However, other lawyers argue that the Constitution is controlling, not the statute.
The ordinance is self-expiring on November 15th of this year unless renewed by the council. Signatures might be validated before the council meets again to vote on October 20th to extend or end the mandate, if the county clerk is not busy with the election yet and does not take the full 30 days they are allowed to count them. If there are enough signatures by that point, due to public pressure, it is highly unlikely that the Provo City Council would continue the ordinance.
However, Amanda said that even if all the signatures are gathered within just a few days, if Provo City and the Utah County Clerk use their maximum 25 days to give us the signature packets, then 32 days to verify and count signatures, plus 20 days to put it on the ballot, if wouldn't be on the ballot until after the ordinance expires anyways. Plus the deadline was April 15th to make this year's ballot. This information can be used to try to dissuade any person or group from filing referendums on "temporary" ordinances that expire prior to the conclusion of the referendum process, which could be repeated process indefinitely if the ordinance is renewed repeatedly throughout the next year until it can be voted on November 2021. This is why it is imperative that Provo citizens give resistance to the mandate.
While our efforts will focus mainly on gathering signatures, there is also an option to file an emergency writ with the Utah supreme court to declare that this Provo City ordinance cannot be enforced until the referendum process has been concluded. We may raise funds to pay our legal fees to file an injunction to stop Provo from illegally enforcing the mandate before it has been voted on.
IF UNCHALLENGED, LOCAL REFERENDUMS WILL BE EFFECTIVELY DISABLED. Provo City is the lynch pin. If they get away with flagrantly violating the Utah Constitution to enforce this ordinance in Provo City, the same abuses will happen statewide and the incursions will increase exponentially over time. Like Provo City, other counties and cities are passing "temporary" ordinances that expire prior to the reasonable conclusion of any referendum process. They will simply pass new "temporary" ordinances in the same manner. This will effectively bar the people's right to challenge any local ordinance via a referendum, because they will never be able to challenge it in time to stop it.
While responses to COVD-19 are all over the spectrum, one point is certain: The People of the State of Utah are the final say in all legislative matters. We’ve had enough of overbearing, uneducated, knee-jerk reactions that curtail or eliminate the people's right to decide on controversial matters concerning their health and safety.
Regardless of Provo City’s unconstitutional attempt to now enforce this edict, many Provo Citizens who believe in health freedom are organizing in preparation to sign the petition, which started September 26.
The Provo Covid-19 ordinance 2020-36R can be found here.
