H.B. 44 Enrolled

1

REFERENDUM BALLOT PROPOSITION
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Fred R Hunsaker
6 Senate Sponsor: Peter C. Knudson
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code to amend the manner in which a ballot proposition
11 is worded for a statewide or local referendum.
12 Highlighted Provisions:
13 This bill:
14 . clarifies that the definition of "referendum" is a process to submit or refer a certain
15 law to voters for their final approval or rejection;
16 . provides that a vote "for" on a referendum question means the voter is in favor of
17 the law taking effect;
18 . provides that a vote "against" on a referendum question means the voter is against
19 the law taking effect; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 20A-7-101, as last amended by Laws of Utah 2009, Chapter 202
28 20A-7-309, as last amended by Laws of Utah 2009, Chapter 202
29 20A-7-609, as last amended by Laws of Utah 2009, Chapter 202

30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-7-101 is amended to read:
33 20A-7-101. Definitions.
34 As used in this chapter:
35 (1) "Budget officer" means:
36 (a) for [counties] a county, the person designated as budget officer in Section
37 17-19-19 ;
38 (b) for [cities] a city, the person designated as budget officer in Subsection
39 10-6-106 (5); or
40 (c) for [towns] a town, the town council.
41 (2) "Certified" means that the county clerk has acknowledged a signature as being the
42 signature of a registered voter.
43 (3) "Circulation" means the process of submitting an initiative or referendum petition
44 to legal voters for their signature.
45 (4) "Final fiscal impact statement" means a financial statement prepared after voters
46 approve an initiative that contains the information required by Subsection 20A-7-202.5 (2) or
47 20A-7-502.5 (2).
48 (5) "Initial fiscal impact estimate" means a financial statement prepared according to
49 the terms of Section 20A-7-202.5 or 20A-7-502.5 after the filing of an application for an
50 initiative petition.
51 (6) "Initiative" means a new law proposed for adoption by the public as provided in
52 this chapter.
53 (7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
54 law, and the signature sheets, all of which have been bound together as a unit.
55 (8) "Legal signatures" means the number of signatures of legal voters that:
56 (a) meet the numerical requirements of this chapter; and
57 (b) have been certified and verified as provided in this chapter.

58 (9) "Legal voter" means a person who:
59 (a) is registered to vote; or
60 (b) becomes registered to vote before the county clerk certifies the signatures on an
61 initiative or referendum petition.
62 [(11)] (10) "Local attorney" means the county attorney, city attorney, or town attorney
63 in whose jurisdiction a local initiative or referendum petition is circulated.
64 [(12)] (11) "Local clerk" means the county clerk, city recorder, or town clerk in whose
65 jurisdiction a local initiative or referendum petition is circulated.
66 [(10)] (12) (a) "Local law" includes an ordinance, resolution, master plan, and any
67 comprehensive zoning [regulations] regulation adopted by ordinance or resolution.
68 (b) "Local law" does not include an individual property zoning [decisions] decision.
69 (13) "Local legislative body" means the legislative body of a county, city, or town.
70 (14) "Measure" means a proposed constitutional amendment, an initiative, or
71 referendum.
72 (15) "Referendum" means a process by which a law passed by the Legislature or by a
73 local legislative body [that is being submitted] is submitted or referred to the voters for their
74 approval or rejection.
75 (16) "Referendum packet" means a copy of the referendum petition, a copy of the law
76 being submitted or referred to the voters for their approval or rejection, and the signature
77 sheets, all of which have been bound together as a unit.
78 (17) "Signature sheets" means sheets in the form required by this chapter that are used
79 to collect signatures in support of an initiative or referendum.
80 (18) "Sponsors" means the legal voters who support the initiative or referendum and
81 who sign the application for petition copies.
82 (19) "Sufficient" means that the signatures submitted in support of an initiative or
83 referendum petition have been certified and verified as required by this chapter.
84 (20) "Verified" means acknowledged by the person circulating the petition as required
85 in Sections 20A-7-205 and 20A-7-305 .

86 Section 2. Section 20A-7-309 is amended to read:
87 20A-7-309. Form of ballot -- Manner of voting.
88 (1) The county clerks shall ensure that the number and ballot title verified to them by
89 the lieutenant governor are presented upon the official ballot with, immediately adjacent to
90 them, the words "For" and "Against," each word presented with an adjacent square in which
91 the elector may indicate [his] the elector's vote.
92 (2) [Voters] (a) (i) A voter desiring to vote in favor of [preventing] the law that is the
93 subject of the referendum [from taking effect] shall mark the square adjacent to the word
94 "For[," and those]."
95 (ii) The law that is the subject of the referendum takes effect if a majority of voters
96 mark "For."
97 (b) (i) A voter desiring to vote against [preventing] the law that is the subject of the
98 referendum petition [from taking effect] shall mark the square adjacent to the word "Against."
99 (ii) The law that is the subject of the referendum does not take effect if a majority of
100 voters mark "Against."
101 Section 3. Section 20A-7-609 is amended to read:
102 20A-7-609. Form of ballot -- Manner of voting.
103 (1) The local clerk shall ensure that the number and ballot title are presented upon the
104 official ballot with, immediately adjacent to them, the words "For" and "Against," each word
105 presented with an adjacent square in which the elector may indicate [his] the elector's vote.
106 (2) (a) Except as provided in Subsection (2)(c), and unless the county legislative body
107 calls a special election, the county clerk shall ensure that county referenda that have qualified
108 for the ballot appear on the next regular general election ballot.
109 (b) Unless the municipal legislative body calls a special election, the municipal
110 recorder or clerk shall ensure that municipal referenda that have qualified for the ballot appear
111 on the next regular municipal election ballot.
112 (c) For referenda held in relation to the adoption of an ordinance imposing a county
113 option sales and use tax under Section 59-12-1102 , the county clerk shall ensure that referenda

114 that have qualified for the ballot appear on the ballot at the earlier of:
115 (i) the next regular general election that is more than 155 days after the date of the
116 adoption of the ordinance; or
117 (ii) the next municipal general election that is more than 155 days after the date of the
118 adoption of the ordinance.
119 (3) [Voters] (a) (i) A voter desiring to vote in favor of [repealing the law proposed by
120 the referendum petition] the law that is the subject of the referendum shall mark the square
121 adjacent to the word "For[," and those]."
122 (ii) The law that is the subject of the referendum is effective if a majority of voters
123 mark "For."
124 (b) (i) A voter desiring to vote against [repealing the law proposed by] the law that is
125 the subject of the referendum petition shall mark the square following the word "Against."
126 (ii) The law that is the subject of the referendum is not effective if a majority of voters
127 mark "Against."