17B-1-507. Withdrawal petition certification -- Amended petition.
(1) Within 30 days after the filing of a petition under Sectionsand, the board of trustees of the special district in which the area proposed to be withdrawn is located shall: 17B-1-504 17B-1-506 as necessary and with the assistance of the county clerk of the county in which the area proposed to be withdrawn is located, use the procedures described in Sectionto determine whether a signer is a registered voter; and 20A-1-1002 with the assistance of officers of the county in which the area proposed to be withdrawn is located, determine whether the petition meets the requirements of Sectionsand; and 17B-1-504 17B-1-506 if the petition complies with the requirements set forth in Sectionsand, certify the petition and mail or deliver written notification of the certification to the contact sponsor; or 17B-1-504 17B-1-506 if the petition fails to comply with any of the requirements set forth in Sectionsand, reject the petition as insufficient and mail or deliver written notification of the rejection and the reasons for the rejection to the contact sponsor. 17B-1-504 17B-1-506
(2) If the board rejects the petition under Subsection, the petition may be amended to correct the deficiencies for which it was rejected and then refiled within 60 days after notice of the rejection. (1)(b)(ii) A valid signature on a petition that was rejected under Subsectionmay be used toward fulfilling the applicable signature requirement for an amended petition refiled under Subsection. (1)(b)(ii) (2)(a)
(3) The board of trustees shall process an amended petition refiled under Subsectionin the same manner as an original petition under Subsection. If an amended petition is rejected for failure to comply with the requirements of Sectionsand, the board of trustees shall issue a final rejection of the petition for insufficiency and mail or deliver written notice of the final rejection to the contact sponsor. (2)(a) (1) 17B-1-504 17B-1-506
(4) A signer of a petition for which there has been a final rejection under Subsectionfor insufficiency may seek judicial review of the board of trustees' final decision to reject the petition as insufficient. (3) Judicial review under Subsectionshall be initiated by filing an action in state district court in the county in which a majority of the area proposed to be withdrawn is located. (4)(a) The court in which an action is filed under this Subsectionmay not overturn the board of trustees' decision to reject the petition unless the court finds that: (4) the board of trustees' decision was arbitrary or capricious; or the petition materially complies with the requirements set forth in Sectionsand. 17B-1-504 17B-1-506 The court may award costs and expenses of an action under this section, including reasonable attorney fees, to the prevailing party.