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) entitle each state initiative that has qualified for the ballot " Proposition Number __"
and give it a number as assigned under Section 20A-6-107;
(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
measure; and
(iii) 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 be not more than 100 words.
(c) For each state initiative, the official ballot shall show:
(i) the number of the initiative as determined by the Office of Legislative Research and
General Counsel;
(ii) the ballot title as determined by the Office of Legislative Research and General
Counsel; and
(iii) the initial fiscal impact estimate prepared under Section 20A-7-202.5.
(3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any sponsor
of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, by July 30, challenge 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) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the initiative.
(ii) The Supreme Court may not revise the wording of the ballot title unless the plaintiffs
rebut the presumption by clearly and convincingly establishing that the ballot title is patently
false or biased.
(c) 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
meets the requirements of this section.
(d) The lieutenant governor shall, no later than September 8, certify the title verified by
the Supreme Court to the county clerks to be printed on the official ballot.
Amended by Chapter 225, 2008 General Session
Amended by Chapter 315, 2008 General Session
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Last revised: Thursday, May 28, 2009