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H.B. 124 Enrolled
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:
(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:
(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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