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H.B. 146 Enrolled
AN ACT RELATING TO ELECTIONS; ALLOWING ARGUMENTS AND REBUTTALS
SUBMITTED FOR THE VOTER INFORMATION PAMPHLET TO BE MODIFIED UNDER
CERTAIN CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-7-704, as enacted by Chapter 1 and last amended by Chapter 153, Laws of Utah 1995
20A-7-705, as enacted by Chapter 1 and last amended by Chapter 153, Laws of Utah 1995
20A-7-706, as enacted by Chapter 1 and last amended by Chapter 153, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-7-704 is amended to read:
20A-7-704. Initiative measures -- Arguments for and against -- Voters' requests for
argument -- Ballot arguments.
(1) (a) (i) (A) By August 20 of the regular general election year, the sponsors of any
initiative petition that has been declared sufficient by the lieutenant governor may deliver to the
lieutenant governor an argument for the adoption of the measure.
(B) If two or more sponsors wish to submit arguments for the measure, the lieutenant
governor shall designate one of them to submit the argument for his side of the measure.
(ii) (A) Any member of the Legislature may request permission to submit an argument
against the adoption of the measure.
(B) If two or more legislators wish to submit an argument against the measure, the
presiding officers of the Senate and House of Representatives shall jointly designate one of them
to submit the argument to the lieutenant governor.
(b) The sponsors and the legislators submitting arguments shall ensure that each argument:
(i) does not exceed 500 words in length; and
(ii) is delivered by August 20.
(2) (a) (i) If an argument for or against a measure to be submitted to the voters by initiative
petition has not been filed within the time required by Subsection (1), any voter may request the
lieutenant governor for permission to prepare an argument for the side on which no argument has
been prepared.
(ii) If two or more voters request permission to submit arguments on the same side of a
measure, the lieutenant governor shall designate one of the voters to write the argument.
(b) Any argument prepared under this subsection shall be submitted to the lieutenant
governor by August 30.
(3) The lieutenant governor may not accept a ballot argument submitted under this section
unless it is accompanied by:
(a) the name and address of the person submitting it, if it is submitted by an individual voter;
or
(b) the name and address of the organization and the names and addresses of at least two of
its principal officers, if it is submitted on behalf of an organization.
(4) (a) Except as provided in Subsection (4)(c), the authors may not amend or change the
arguments after they are submitted to the lieutenant governor.
(b) Except as provided in Subsection (4)(c), the lieutenant governor may not alter the
arguments in any way.
(c) The lieutenant governor and the authors of an argument may jointly modify an argument
after it is submitted if:
(i) they jointly agree that changes to the argument must be made to correct spelling or
grammatical errors; and
(ii) the argument has not yet been submitted for typesetting.
Section 2. Section 20A-7-705 is amended to read:
20A-7-705. Measures to be submitted to voters and referendum measures --
Preparation of argument of adoption.
(1) (a) Whenever the Legislature submits any measure to the voters or whenever an act of
the Legislature is referred to the voters by referendum petition, the presiding officer of the house of
origin of the measure shall appoint the sponsor of the measure or act and one member of either house
who voted with the majority to pass the act or submit the measure to draft an argument for the
adoption of the measure.
(b) (i) The argument may not exceed 500 words in length.
(ii) If the sponsor of the measure or act desires separate arguments to be written in favor by
each person appointed, separate arguments may be written but the combined length of the two
arguments may not exceed 500 words.
(2) (a) If a measure or act submitted to the voters by the Legislature or by referendum
petition was not adopted unanimously by the Legislature, the presiding officer of each house shall,
at the same time as appointments to an argument in its favor are made, appoint one member who
voted against the measure or act from their house to write an argument against the measure or act.
(b) (i) The argument may not exceed 500 words.
(ii) If those members appointed to write an argument against the measure or act desire
separate arguments to be written in opposition to the measure or act by each person appointed,
separate arguments may be written, but the combined length of the two arguments may not exceed
500 words.
(3) (a) The legislators appointed by the presiding officer of the Senate or House of
Representatives to submit arguments shall submit them to the lieutenant governor not later than June
1.
(b) [
arguments after they are submitted to the lieutenant governor.
(c) [
arguments in any way.
(d) The lieutenant governor and the authors of an argument may jointly modify an argument
after it is submitted if:
(i) they jointly agree that changes to the argument must be made to correct spelling or
grammatical errors; and
(ii) the argument has not yet been submitted for typesetting.
(4) (a) If an argument for or an argument against a measure submitted to the voters by the
Legislature or by referendum petition has not been filed by a member of the Legislature within the
time required by this section, any voter may request the presiding officer of the house in which the
measure originated for permission to prepare and file an argument for the side on which no argument
has been prepared by a member of the Legislature.
(b) (i) The presiding officer of the house of origin shall grant permission unless two or more
voters request permission to submit arguments on the same side of a measure.
(ii) If two or more voters request permission to submit arguments on the same side of a
measure, the presiding officer shall designate one of the voters to write the argument.
(c) Any argument prepared under this subsection shall be submitted to the lieutenant
governor not later than June 15.
(d) The lieutenant governor may not accept a ballot argument submitted under this section
unless it is accompanied by:
(i) the name and address of the person submitting it, if it is submitted by an individual voter;
or
(ii) the name and address of the organization and the names and addresses of at least two of
its principal officers, if it is submitted on behalf of an organization.
(e) Except as provided in Subsection (4)(g), the authors may not amend or change the
arguments after they are submitted to the lieutenant governor.
(f) Except as provided in Subsection (4)(g), the lieutenant governor may not alter the
arguments in any way.
(g) The lieutenant governor and the authors of an argument may jointly modify an argument
after it is submitted if:
(i) they jointly agree that changes to the argument must be made to correct spelling or
grammatical errors; and
(ii) the argument has not yet been submitted for typesetting.
Section 3. Section 20A-7-706 is amended to read:
20A-7-706. Copies of arguments to be sent to opposing authors -- Rebuttal arguments.
(1) When the lieutenant governor has received the arguments for and against a measure to
be submitted to the voters, [
arguments in favor of the measure to the authors of the arguments against and copies of the
arguments against to the authors of the arguments in favor.
(2) The authors may prepare and submit rebuttal arguments not exceeding 250 words.
(3) (a) The rebuttal arguments must be filed with the lieutenant governor not later than June
30.
(b) Except as provided in Subsection (3)(d), the authors may not amend or change the
rebuttal arguments after they are submitted to the lieutenant governor.
(c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
arguments in any way.
(d) The lieutenant governor and the authors of a rebuttal argument may jointly modify a
rebuttal argument after it is submitted if:
(i) they jointly agree that changes to the rebuttal argument must be made to correct spelling
or grammatical errors; and
(ii) the rebuttal argument has not yet been submitted for typesetting.
(4) The lieutenant governor shall ensure that:
(a) rebuttal arguments are printed in the same manner as the direct arguments; and
(b) each rebuttal argument follows immediately after the direct argument which it seeks to
rebut.
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