The Utah Supreme Court gave sponsors of the Utah Clean Water, Quality Growth and Open Space Initiative another chance to make the November ballot Friday, ordering a re-examination of hundreds of signatures thrown out by clerks in Utah and Cache counties.
Initiative backers want voters to consider a $150 million bond to purchase open space and fund projects that protect drinking water, air quality, wildlife habitat, family farms and ranches and historic and cultural landmarks throughout the state.
Although the group collected about 133,000 signatures - many more than the 76,000 required to put the issue on the ballot - the Lieutenant Governor's Office declined to ratify the petitions earlier this month. The office claimed the group fell two districts short of gathering 10 percent of the registered voters in 26 of 29 Senate districts, a secondary requirement lawmakers recently inserted into the citizen-initiative process.
On Thursday, Utah's high court ordered a re-examination of the signatures, ruling state law did not allow clerks in Utah and Cache counties to reject some signatures solely based on addresses that did not correspond with those on the voter rolls.
"Re-examination should be conducted immediately and the petitions resubmitted as soon as possible to the office of the Lieutenant Governor for approval and placement on the ballot, if warranted," the justices wrote Friday.
The state had argued on appeal that county clerks should be allowed to decide how to verify signatures.
Amanda Smith, president of Utahns for Clean Water, Clean Air & Quality Growth, said the Supreme Court made clear in its decision that even though each county clerk has his or her own way of verifying signatures, "we can't allow 29 individuals to say, 'Well, I kind of feel like counting these today,' or 'I kind of don't.' Because obviously they're elected and they have political pressures on them."
With the court's decision, Smith added, the justices are also sending a message that "a voter shouldn't be disenfranchised just for moving between the time they registered to vote and the time they might sign a petition or even vote."
When the county clerks in Utah and Cache counties recount the petition signatures, Smith said, the initiative should make its way to the November ballot.
''In Utah County, we were only short two signatures [before Friday's ruling], and in Cache County we were short 221,'' Smith said. ''But when we went through the signatures they didn't count - 90 percent or more because of address differences - we found 646 signatures they didn't count the first time around. So we're confident when they go back through with the directions of the Supreme Court saying, 'You can't throw them out for a different address,' that they will have to find that we're on the ballot, that we made the numbers required.''
What's next:
1. County clerks in Utah and Cache counties will re-examine the signatures on the Utah Clean Water, Quality Growth and Open Space Initiative petitions.
2. The county clerks and state elections officials will determine if enough signatures are valid to qualify the initiative for the ballot.
3. If so, the initiative will qualify in 26 of 29 Utah counties and be on the Nov. 2 ballot.


