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S.B. 165

             1     

ELECTION LAW AMENDMENTS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Curtis S. Bramble

             5     
House Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions in the Title 20A, Election Code.
             10      Highlighted Provisions:
             11          This bill:
             12          .    authorizes a person to vote in an election if the person registers to vote online at
             13      least 15 days before an election;
             14          .    requires the amount of signatures necessary for an initiative or referendum to be
             15      submit to a legislative body or qualify for placement on the ballot to be calculated
             16      based on the votes cast for President of the United States; and
             17          .    makes technical changes.
             18      Money Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          20A-2-102.5, as last amended by Laws of Utah 2008, Chapter 225
             25          20A-2-206, as enacted by Laws of Utah 2009, Chapter 89
             26          20A-7-201, as last amended by Laws of Utah 2008, Chapter 237
             27          20A-7-301, as last amended by Laws of Utah 1995, Chapter 153

             28          20A-7-501, as last amended by Laws of Utah 2010, Chapter 324
             29          20A-7-601, as last amended by Laws of Utah 2004, Chapter 258
             30     
             31      Be it enacted by the Legislature of the state of Utah:
             32          Section 1. Section 20A-2-102.5 is amended to read:
             33           20A-2-102.5. Voter registration deadline.
             34          (1) Except as provided in Section 20A-2-201 , Section 20A-2-206 , and [in Title 20A,]
             35      Chapter 3, Part 4, Voting by Members of the Military and by Other Persons Living or Serving
             36      Abroad, a person who fails to submit a correctly completed voter registration form on or before
             37      the voter registration deadline shall not be permitted to vote in the election.
             38          (2) The voter registration deadline shall be the date that is 30 calendar days before the
             39      date of the election.
             40          Section 2. Section 20A-2-206 is amended to read:
             41           20A-2-206. Electronic registration.
             42          (1) The lieutenant governor may create and maintain an electronic system for voter
             43      registration that is publicly available on the Internet.
             44          (2) An electronic system for voter registration shall require:
             45          (a) that an applicant have a valid driver license or identification card, issued under Title
             46      53, Chapter 3, Uniform Driver License Act, that reflects the person's current principal place of
             47      residence;
             48          (b) that the applicant provide the information required by Section 20A-2-104 , except
             49      that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
             50      and (4);
             51          (c) that the applicant attest to the truth of the information provided; and
             52          (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
             53      applicant's driver license or identification card signature, obtained under Title 53, Chapter 3,
             54      Uniform Driver License Act, for voter registration purposes.
             55          (3) Notwithstanding Section 20A-2-104 , an applicant using the electronic system for
             56      voter registration created under this section is not required to complete a printed registration
             57      form.
             58          (4) A system created and maintained under this section shall provide the notices

             59      concerning a voter's presentation of identification contained in Subsection 20A-2-104 (1).
             60          (5) The lieutenant governor shall obtain a digital copy of the applicant's driver license
             61      or identification card signature from the Driver License Division.
             62          (6) Upon receiving all information from an applicant and the Driver License Division,
             63      the lieutenant governor shall send the information to the county clerk for the county in which
             64      the applicant's principal place of residence is found for further action as required by Section
             65      20A-2-304 .
             66          (7) The lieutenant governor may use additional security measures to ensure the
             67      accuracy and integrity of an electronically submitted voter registration.
             68          (8) (a) If an individual applies to register under this section during the period beginning
             69      on the date after the voter registration deadline and ending on the date that is 15 calendar days
             70      before the date of a state wide election, the lieutenant governor shall:
             71          (i) accept the application for registration if the individual, on the date of the election,
             72      will be legally qualified and entitled to vote in a voting precinct in the state; and
             73          (ii) inform the individual that:
             74          (A) the individual is registered to vote in the pending election; and
             75          (B) for the pending election, the individual must vote on the day of the election and is
             76      not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
             77      individual registered too late.
             78          (b) If an individual applies to register under this section during the 14 calendar days
             79      before a statewide election, the lieutenant governor shall:
             80          (i) accept the application for registration if the individual, on the date of the election,
             81      will be legally qualified and entitled to vote in a voting precinct in the state; and
             82          (ii) inform the individual that the individual is registered to vote but may not vote in
             83      the pending election because the individual registered too late.
             84          Section 3. Section 20A-7-201 is amended to read:
             85           20A-7-201. Statewide initiatives -- Signature requirements -- Submission to the
             86      Legislature or to a vote of the people.
             87          (1) (a) A person seeking to have an initiative submitted to the Legislature for approval
             88      or rejection shall obtain:
             89          (i) legal signatures equal to 5% of the cumulative total of all votes cast by voters of this

             90      state for all candidates for [governor] President of the United States at the last regular general
             91      election at which a [governor] President of the United States was elected; and
             92          (ii) from each of at least 26 Utah State Senate districts, legal signatures equal to 5% of
             93      the total of all votes cast in that district for all candidates for [governor] President of the United
             94      States at the last regular general election at which a [governor] President of the United States
             95      was elected.
             96          (b) If, at any time not less than 10 days before the beginning of an annual general
             97      session of the Legislature, the lieutenant governor declares sufficient any initiative petition that
             98      is signed by enough voters to meet the requirements of this Subsection (1), the lieutenant
             99      governor shall deliver a copy of the petition and the cover sheet required by Subsection (1)(c)
             100      to the president of the Senate, the speaker of the House, and the director of the Office of
             101      Legislative Research and General Counsel.
             102          (c) In delivering a copy of the petition, the lieutenant governor shall include a cover
             103      sheet that contains:
             104          (i) the cumulative total of all votes cast by voters of this state for all candidates for
             105      [governor] President of the United States at the last regular general election at which a
             106      [governor] President of the United States was elected;
             107          (ii) the total of all votes cast in each Utah State Senate district for all candidates for
             108      [governor] President of the United States at the last regular general election at which a
             109      [governor] President of the United States was elected;
             110          (iii) the total number of certified signatures received for the submitted initiative; and
             111          (iv) the total number of certified signatures received from each Utah State Senate
             112      district for the submitted initiative.
             113          (2) (a) A person seeking to have an initiative submitted to a vote of the people for
             114      approval or rejection shall obtain:
             115          (i) legal signatures equal to 10% of the cumulative total of all votes cast by voters of
             116      this state for all candidates for [governor] President of the United States at the last regular
             117      general election at which a [governor] President of the United States was elected; and
             118          (ii) from each of at least 26 Utah State Senate districts, legal signatures equal to 10% of
             119      the total of all votes cast in that district for all candidates for [governor] President of the United
             120      States at the last regular general election at which a [governor] President of the United States

             121      was elected.
             122          (b) If an initiative petition meets the requirements of this part and the lieutenant
             123      governor declares the initiative petition to be sufficient, the lieutenant governor shall submit
             124      the proposed law to a vote of the people at the next regular general election.
             125          (3) The lieutenant governor shall provide the following information from the official
             126      canvass of the last regular general election at which a [governor] President of the United States
             127      was elected to any interested person:
             128          (a) the cumulative total of all votes cast by voters in this state for all candidates for
             129      [governor] President of the United States; and
             130          (b) for each Utah State Senate district, the total of all votes cast in that district for all
             131      candidates for [governor] President of the United States.
             132          Section 4. Section 20A-7-301 is amended to read:
             133           20A-7-301. Referendum -- Signature requirements -- Submission to voters.
             134          (1) (a) A person seeking to have a law passed by the Legislature submitted to a vote of
             135      the people shall obtain:
             136          (i) legal signatures equal to 10% of the cumulative total of all votes cast by voters of
             137      this state for all candidates for [governor] President of the United States at the last regular
             138      general election at which a [governor] President of the United States was elected; and
             139          (ii) from each of at least 15 counties, legal signatures equal to 10% of the total of all
             140      votes cast in that county for all candidates for [governor] President of the United States at the
             141      last regular general election at which a [governor] President of the United States was elected.
             142          (b) When the lieutenant governor declares a referendum petition sufficient under this
             143      part, the governor shall issue an executive order that:
             144          (i) directs that the referendum be submitted to the voters at the next regular general
             145      election; or
             146          (ii) calls a special election according to the requirements of Section 20A-1-203 and
             147      directs that the referendum be submitted to the voters at that special election.
             148          (2) When a referendum petition has been declared sufficient, the law that is the subject
             149      of the petition does not take effect unless and until it is approved by a vote of the people at a
             150      regular general election or a statewide special election.
             151          (3) The lieutenant governor shall provide to any interested person from the official

             152      canvass of the last regular general election at which a [governor] President of the United States
             153      was elected:
             154          (a) the cumulative total of all votes cast by voters of this state for all candidates for
             155      [governor] President of the United States; and
             156          (b) for each county, the total of all votes cast in that county for all candidates for
             157      [governor] President of the United States.
             158          Section 5. Section 20A-7-501 is amended to read:
             159           20A-7-501. Initiatives.
             160          (1) (a) Except as provided in Subsection (1)(b), a person seeking to have an initiative
             161      submitted to a local legislative body or to a vote of the people for approval or rejection shall
             162      obtain legal signatures equal to:
             163          (i) 10% of all the votes cast in the county, city, or town for all candidates for
             164      [governor] President of the United States at the last election at which a [governor] President of
             165      the United States was elected if the total number of votes exceeds 25,000;
             166          (ii) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
             167      [governor] President of the United States at the last election at which a [governor] President of
             168      the United States was elected if the total number of votes does not exceed 25,000 but is more
             169      than 10,000;
             170          (iii) 15% of all the votes cast in the county, city, or town for all candidates for
             171      [governor] President of the United States at the last election at which a [governor] President of
             172      the United States was elected if the total number of votes does not exceed 10,000 but is more
             173      than 2,500;
             174          (iv) 20% of all the votes cast in the county, city, or town for all candidates for
             175      [governor] President of the United States at the last election at which a [governor] President of
             176      the United States was elected if the total number of votes does not exceed 2,500 but is more
             177      than 500;
             178          (v) 25% of all the votes cast in the county, city, or town for all candidates for
             179      [governor] President of the United States at the last election at which a [governor] President of
             180      the United States was elected if the total number of votes does not exceed 500 but is more than
             181      250; and
             182          (vi) 30% of all the votes cast in the county, city, or town for all candidates for

             183      [governor] President of the United States at the last election at which a [governor] President of
             184      the United States was elected if the total number of votes does not exceed 250.
             185          (b) In addition to the signature requirements of Subsection (1)(a), a person seeking to
             186      have an initiative submitted to a local legislative body or to a vote of the people for approval or
             187      rejection in a county, city, or town where the local legislative body is elected from council
             188      districts shall obtain, from each of a majority of council districts, legal signatures equal to the
             189      percentages established in Subsection (1)(a).
             190          (2) If the total number of certified names from each verified signature sheet equals or
             191      exceeds the number of names required by this section, the clerk or recorder shall deliver the
             192      proposed law to the local legislative body at its next meeting.
             193          (3) (a) The local legislative body shall either adopt or reject the proposed law without
             194      change or amendment within 30 days of receipt of the proposed law.
             195          (b) The local legislative body may:
             196          (i) adopt the proposed law and refer it to the people;
             197          (ii) adopt the proposed law without referring it to the people; or
             198          (iii) reject the proposed law.
             199          (c) If the local legislative body adopts the proposed law but does not refer it to the
             200      people, it is subject to referendum as with other local laws.
             201          (d) (i) If a county legislative body rejects a proposed county ordinance or amendment,
             202      or takes no action on it, the county clerk shall submit it to the voters of the county at the next
             203      regular general election.
             204          (ii) If a local legislative body rejects a proposed municipal ordinance or amendment, or
             205      takes no action on it, the municipal recorder or clerk shall submit it to the voters of the
             206      municipality at the next municipal general election.
             207          (e) (i) If the local legislative body rejects the proposed ordinance or amendment, or
             208      takes no action on it, the local legislative body may adopt a competing local law.
             209          (ii) The local legislative body shall prepare and adopt the competing local law within
             210      the 30 days allowed for its action on the measure proposed by initiative petition.
             211          (iii) If the local legislative body adopts a competing local law, the clerk or recorder
             212      shall submit it to the voters of the county or municipality at the same election at which the
             213      initiative proposal is submitted.

             214          (f) If conflicting local laws are submitted to the people at the same election and two or
             215      more of the conflicting measures are approved by the people, then the measure that receives the
             216      greatest number of affirmative votes shall control all conflicts.
             217          Section 6. Section 20A-7-601 is amended to read:
             218           20A-7-601. Referenda -- General signature requirements -- Signature
             219      requirements for land use laws -- Time requirements.
             220          (1) Except as provided in Subsection (2), a person seeking to have a law passed by the
             221      local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
             222          (a) 10% of all the votes cast in the county, city, or town for all candidates for
             223      [governor] President of the United States at the last election at which a [governor] President of
             224      the United States was elected if the total number of votes exceeds 25,000;
             225          (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
             226      [governor] President of the United States at the last election at which a [governor] President of
             227      the United States was elected if the total number of votes does not exceed 25,000 but is more
             228      than 10,000;
             229          (c) 15% of all the votes cast in the county, city, or town for all candidates for
             230      [governor] President of the United States at the last election at which a [governor] President of
             231      the United States was elected if the total number of votes does not exceed 10,000 but is more
             232      than 2,500;
             233          (d) 20% of all the votes cast in the county, city, or town for all candidates for
             234      [governor] President of the United States at the last election at which a [governor] President of
             235      the United States was elected if the total number of votes does not exceed 2,500 but is more
             236      than 500;
             237          (e) 25% of all the votes cast in the county, city, or town for all candidates for
             238      [governor] President of the United States at the last election at which a [governor] President of
             239      the United States was elected if the total number of votes does not exceed 500 but is more than
             240      250; and
             241          (f) 30% of all the votes cast in the county, city, or town for all candidates for
             242      [governor] President of the United States at the last election at which a [governor] President of
             243      the United States was elected if the total number of votes does not exceed 250.
             244          (2) (a) As used in this Subsection (2), "land use law" includes a land use development

             245      code, an annexation ordinance, and comprehensive zoning ordinances.
             246          (b) A person seeking to have a land use law passed by the local legislative body
             247      submitted to a vote of the people shall obtain legal signatures equal to:
             248          (i) in a county or in a city of the first or second class, 20% of all votes cast in the
             249      county or city for all candidates for [governor] President of the United States at the last election
             250      at which a [governor] President of the United States was elected; and
             251          (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
             252      city or town for all candidates for [governor] President of the United States at the last election
             253      at which a [governor] President of the United States was elected.
             254          (3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2),
             255      any local law passed by a local legislative body shall file the petition within 45 days after the
             256      passage of the local law.
             257          (b) The local law remains in effect until repealed by the voters via referendum.
             258          (4) If the referendum passes, the local law that was challenged by the referendum is
             259      repealed as of the date of the election.




Legislative Review Note
    as of 2-25-11 12:33 PM

Office of Legislative Research and General Counsel

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