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H.B. 124 Enrolled

                 

AMENDMENTS TO VOTER INFORMATION PAMPHLET

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: J. Morgan Philpot

                  This act modifies Election Code provisions governing the Voter Information Pamphlet. This
                  act requires notice of an appeal of the ballot title or impartial analysis to opponents of
                  measures submitted to the voters.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-7-209, as last amended by Chapter 21, Laws of Utah 1999
                      20A-7-308, as last amended by Chapters 20 and 153, Laws of Utah 1995
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-7-209 is amended to read:
                       20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
                  Research and General Counsel.
                      (1) By July 6 before the regular general election, the lieutenant governor shall deliver a
                  copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
                  Research and General Counsel.
                      (2) (a) The Office of Legislative Research and General Counsel shall:
                      (i) prepare a ballot title for each initiative; and
                      (ii) return each petition and ballot title to the lieutenant governor by July 20.
                      (b) The ballot title may be distinct from the title of the proposed law attached to the
                  initiative petition, and shall express, in not more than 100 words, the purpose of the measure.
                      (c) The ballot title and the number of the measure as determined by the Office of
                  Legislative Research and General Counsel shall be printed on the official ballot.
                      (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
                  to the best of its ability, give a true and impartial statement of the purpose of the measure.
                      (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for
                  or against the measure.


                      (3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor of
                  the petition.
                      (4) (a) (i) If the ballot title furnished by the Office of Legislative Research and General
                  Counsel is unsatisfactory or does not comply with the requirements of this section, at least three of
                  the sponsors of the petition may, by July 30, appeal the wording of the ballot title prepared by the
                  Office of Legislative Research and General Counsel to the Supreme Court.
                      (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor to send
                  notice of the appeal to:
                      (A) any person or group that has filed an argument for or against the measure that is the
                  subject of the challenge; or
                      (B) any political issues committee established under Section 20A-11-801 that has filed
                  written or electronic notice with the lieutenant governor that identifies the name, mailing or email
                  address, and telephone number of the person designated to receive notice about any issues relating
                  to the initiative.
                      (b) The Supreme Court shall:
                      (i) examine the ballot title;
                      (ii) hear arguments; and
                      (iii) by August 10, certify to the lieutenant governor a ballot title for the measure that fulfills
                  the intent of this section.
                      (c) By September 1, the lieutenant governor shall certify the title verified to him by the
                  Supreme Court to the county clerks to be printed on the official ballot.
                      Section 2. Section 20A-7-308 is amended to read:
                       20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
                  Research and General Counsel.
                      (1) Whenever a referendum petition is declared sufficient for submission to a vote of the
                  people, the lieutenant governor shall deliver a copy of the petition and the proposed law to the Office
                  of Legislative Research and General Counsel.
                      (2) (a) The Office of Legislative Research and General Counsel shall:

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                      (i) prepare a ballot title for the referendum; and
                      (ii) return the petition and the ballot title to the lieutenant governor within 15 days after its
                  receipt.
                      (b) The ballot title may be distinct from the title of the law that is the subject of the petition,
                  and shall express, in not more than 100 words, the purpose of the measure.
                      (c) The ballot title and the number of the measure as determined by the Office of Legislative
                  Research and General Counsel shall be printed on the official ballot.
                      (d) In preparing ballot titles, the Office of Legislative Research and General Counsel shall,
                  to the best of its ability, give a true and impartial statement of the purpose of the measure.
                      (e) The ballot title may not intentionally be an argument, or likely to create prejudice, for or
                  against the measure.
                      (3) Immediately after the Office of Legislative Research and General Counsel files a copy
                  of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of the ballot
                  title to any of the sponsors of the petition.
                      (4) (a) (i) If the ballot title furnished by the Office of Legislative Research and General
                  Counsel is unsatisfactory or does not comply with the requirements of this section, at least three of
                  the sponsors of the petition may, within 15 days of the date the lieutenant governor mails the ballot
                  title, appeal the wording of the ballot title prepared by the Office of Legislative Research and
                  General Counsel to the Supreme Court.
                      (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor to send
                  notice of the appeal to:
                      (A) any person or group that has filed an argument for or against the measure that is the
                  subject of the challenge; or
                      (B) any political issues committee established under Section 20A-11-801 that has filed
                  written or electronic notice with the lieutenant governor that identifies the name, mailing or email
                  address, and telephone number of the person designated to receive notice about any issues relating
                  to the initiative.
                      (b) The Supreme Court shall:

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                      (i) examine the ballot title;
                      (ii) hear arguments; and
                      (iii) within five days of its decision, certify to the lieutenant governor a ballot title for the
                  measure that fulfills the intent of this section.
                      (c) The lieutenant governor shall certify the title verified to him by the Supreme Court to the
                  county clerks to be printed on the official ballot.

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