First Substitute H.B. 146

Representative Carl R. Saunders proposes to substitute the following bill:

1 VOTER INFORMATION PAMPHLET
2 AMENDMENTS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carl R. Saunders
6 AN ACT RELATING TO ELECTIONS; ALLOWING ARGUMENTS AND REBUTTALS
7 SUBMITTED FOR THE VOTER INFORMATION PAMPHLET TO BE MODIFIED UNDER
8 CERTAIN CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-7-704, as enacted by Chapter 1 and last amended by Chapter 153, Laws of Utah 1995
12 20A-7-705, as enacted by Chapter 1 and last amended by Chapter 153, Laws of Utah 1995
13 20A-7-706, as enacted by Chapter 1 and last amended by Chapter 153, Laws of Utah 1995
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 20A-7-704 is amended to read:
16 20A-7-704. Initiative measures -- Arguments for and against -- Voters' requests for
17 argument -- Ballot arguments.
18 (1) (a) (i) (A) By August 20 of the regular general election year, the sponsors of any
19 initiative petition that has been declared sufficient by the lieutenant governor may deliver to the
20 lieutenant governor an argument for the adoption of the measure.
21 (B) If two or more sponsors wish to submit arguments for the measure, the lieutenant
22 governor shall designate one of them to submit the argument for his side of the measure.
23 (ii) (A) Any member of the Legislature may request permission to submit an argument
24 against the adoption of the measure.
25 (B) If two or more legislators wish to submit an argument against the measure, the

26 presiding officers of the Senate and House of Representatives shall jointly designate one of them
27 to submit the argument to the lieutenant governor.
28 (b) The sponsors and the legislators submitting arguments shall ensure that each argument:
29 (i) does not exceed 500 words in length; and
30 (ii) is delivered by August 20.
31 (2) (a) (i) If an argument for or against a measure to be submitted to the voters by initiative
32 petition has not been filed within the time required by Subsection (1), any voter may request the
33 lieutenant governor for permission to prepare an argument for the side on which no argument has
34 been prepared.
35 (ii) If two or more voters request permission to submit arguments on the same side of a
36 measure, the lieutenant governor shall designate one of the voters to write the argument.
37 (b) Any argument prepared under this subsection shall be submitted to the lieutenant
38 governor by August 30.
39 (3) The lieutenant governor may not accept a ballot argument submitted under this section
40 unless it is accompanied by:
41 (a) the name and address of the person submitting it, if it is submitted by an individual
42 voter; or
43 (b) the name and address of the organization and the names and addresses of at least two
44 of its principal officers, if it is submitted on behalf of an organization.
45 (4) (a) Except as provided in Subsection (4)(c), the authors may not amend or change the
46 arguments after they are submitted to the lieutenant governor.
47 (b) Except as provided in Subsection (4)(c), the lieutenant governor may not alter the
48 arguments in any way.
49 (c) The lieutenant governor and the authors of an argument may jointly modify an
50 argument after it is submitted if:
51 (i) they jointly agree that changes to the argument must be made to correct spelling or
52 grammatical errors; and
53 (ii) the argument has not yet been submitted for typesetting.
54 Section 2. Section 20A-7-705 is amended to read:
55 20A-7-705. Measures to be submitted to voters and referendum measures --
56 Preparation of argument of adoption.

57 (1) (a) Whenever the Legislature submits any measure to the voters or whenever an act of
58 the Legislature is referred to the voters by referendum petition, the presiding officer of the house
59 of origin of the measure shall appoint the sponsor of the measure or act and one member of either
60 house who voted with the majority to pass the act or submit the measure to draft an argument for
61 the adoption of the measure.
62 (b) (i) The argument may not exceed 500 words in length.
63 (ii) If the sponsor of the measure or act desires separate arguments to be written in favor
64 by each person appointed, separate arguments may be written but the combined length of the two
65 arguments may not exceed 500 words.
66 (2) (a) If a measure or act submitted to the voters by the Legislature or by referendum
67 petition was not adopted unanimously by the Legislature, the presiding officer of each house shall,
68 at the same time as appointments to an argument in its favor are made, appoint one member who
69 voted against the measure or act from their house to write an argument against the measure or act.
70 (b) (i) The argument may not exceed 500 words.
71 (ii) If those members appointed to write an argument against the measure or act desire
72 separate arguments to be written in opposition to the measure or act by each person appointed,
73 separate arguments may be written, but the combined length of the two arguments may not exceed
74 500 words.
75 (3) (a) The legislators appointed by the presiding officer of the Senate or House of
76 Representatives to submit arguments shall submit them to the lieutenant governor not later than
77 June 1.
78 (b) [The] Except as provided in Subsection (3)(d), the authors may not amend or change
79 the arguments after they are submitted to the lieutenant governor.
80 (c) [The] Except as provided in Subsection (3)(d), the lieutenant governor may not alter
81 the arguments in any way.
82 (d) The lieutenant governor and the authors of an argument may jointly modify an
83 argument after it is submitted if:
84 (i) they jointly agree that changes to the argument must be made to correct spelling or
85 grammatical errors; and
86 (ii) the argument has not yet been submitted for typesetting.
87 (4) (a) If an argument for or an argument against a measure submitted to the voters by the

88 Legislature or by referendum petition has not been filed by a member of the Legislature within the
89 time required by this section, any voter may request the presiding officer of the house in which the
90 measure originated for permission to prepare and file an argument for the side on which no
91 argument has been prepared by a member of the Legislature.
92 (b) (i) The presiding officer of the house of origin shall grant permission unless two or
93 more voters request permission to submit arguments on the same side of a measure.
94 (ii) If two or more voters request permission to submit arguments on the same side of a
95 measure, the presiding officer shall designate one of the voters to write the argument.
96 (c) Any argument prepared under this subsection shall be submitted to the lieutenant
97 governor not later than June 15.
98 (d) The lieutenant governor may not accept a ballot argument submitted under this section
99 unless it is accompanied by:
100 (i) the name and address of the person submitting it, if it is submitted by an individual
101 voter; or
102 (ii) the name and address of the organization and the names and addresses of at least two
103 of its principal officers, if it is submitted on behalf of an organization.
104 (e) Except as provided in Subsection (4)(g), the authors may not amend or change the
105 arguments after they are submitted to the lieutenant governor.
106 (f) Except as provided in Subsection (4)(g), the lieutenant governor may not alter the
107 arguments in any way.
108 (g) The lieutenant governor and the authors of an argument may jointly modify an
109 argument after it is submitted if:
110 (i) they jointly agree that changes to the argument must be made to correct spelling or
111 grammatical errors; and
112 (ii) the argument has not yet been submitted for typesetting.
113 Section 3. Section 20A-7-706 is amended to read:
114 20A-7-706. Copies of arguments to be sent to opposing authors -- Rebuttal
115 arguments.
116 (1) When the lieutenant governor has received the arguments for and against a measure
117 to be submitted to the voters, [he] the lieutenant governor shall immediately send copies of the
118 arguments in favor of the measure to the authors of the arguments against and copies of the

119 arguments against to the authors of the arguments in favor.
120 (2) The authors may prepare and submit rebuttal arguments not exceeding 250 words.
121 (3) (a) The rebuttal arguments must be filed with the lieutenant governor not later than June
122 30.
123 (b) Except as provided in Subsection (3)(d), the authors may not amend or change the
124 rebuttal arguments after they are submitted to the lieutenant governor.
125 (c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
126 arguments in any way.
127 (d) The lieutenant governor and the authors of a rebuttal argument may jointly modify a
128 rebuttal argument after it is submitted if:
129 (i) they jointly agree that changes to the rebuttal argument must be made to correct spelling
130 or grammatical errors; and
131 (ii) the rebuttal argument has not yet been submitted for typesetting.
132 (4) The lieutenant governor shall ensure that:
133 (a) rebuttal arguments are printed in the same manner as the direct arguments; and
134 (b) each rebuttal argument follows immediately after the direct argument which it seeks
135 to rebut.