This document includes House Committee Amendments incorporated into the bill on Wed, Feb 3, 2016 at 1:50 PM by lsjones.
1     
BALLOT PROPOSITION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Justin L. Fawson

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to ballot propositions.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses requirements relating to preparing and publishing arguments for or
13     against a ballot proposition;
14          ▸     describes the duties of an election officer in relation to a ballot proposition and
15     arguments for or against a ballot proposition;
16          ▸     modifies deadlines relating to ballot propositions, arguments, and public meeting
17     requirements; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-7-101, as last amended by Laws of Utah 2014, Chapters 364 and 396
26          20A-7-402, as last amended by Laws of Utah 2012, Chapters 334 and 369
27          59-1-1604, as enacted by Laws of Utah 2014, Chapter 356
28          59-1-1605, as enacted by Laws of Utah 2014, Chapter 356
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 20A-7-101 is amended to read:
32          20A-7-101. Definitions.
33          As used in this chapter:
34          (1) "Budget officer" means:
35          (a) for a county, the person designated as budget officer in Section 17-19a-203;
36          (b) for a city, the person designated as budget officer in Subsection 10-6-106(5); or
37          (c) for a town, the town council.
38          (2) "Certified" means that the county clerk has acknowledged a signature as being the
39     signature of a registered voter.
40          (3) "Circulation" means the process of submitting an initiative or referendum petition
41     to legal voters for their signature.
42          (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
43     city, or town that is holding an election on a ballot proposition.
44          [(4)] (5) "Final fiscal impact statement" means a financial statement prepared after
45     voters approve an initiative that contains the information required by Subsection
46     20A-7-202.5(2) or 20A-7-502.5(2).
47          [(5)] (6) "Initial fiscal impact estimate" means:
48          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
49     application for an initiative petition; or
50          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
51     for an initiative or referendum petition.
52          [(6)] (7) "Initiative" means a new law proposed for adoption by the public as provided
53     in this chapter.
54          [(7)] (8) "Initiative packet" means a copy of the initiative petition, a copy of the
55     proposed law, and the signature sheets, all of which have been bound together as a unit.
56          [(8)] (9) "Legal signatures" means the number of signatures of legal voters that:
57          (a) meet the numerical requirements of this chapter; and
58          (b) have been certified and verified as provided in this chapter.
59          [(9)] (10) "Legal voter" means a person who:
60          (a) is registered to vote; or
61          (b) becomes registered to vote before the county clerk certifies the signatures on an
62     initiative or referendum petition.
63          [(10)] (11) "Local attorney" means the county attorney, city attorney, or town attorney
64     in whose jurisdiction a local initiative or referendum petition is circulated.
65          [(11)] (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
66     jurisdiction a local initiative or referendum petition is circulated.
67          [(12)] (13) (a) "Local law" includes an ordinance, resolution, master plan, and any
68     comprehensive zoning regulation adopted by ordinance or resolution.
69          (b) "Local law" does not include an individual property zoning decision.
70          [(13)] (14) "Local legislative body" means the legislative body of a county, city, or
71     town.
72          [(14)] (15) "Local obligation law" means a local law passed by the local legislative
73     body regarding a bond that was approved by a majority of qualified voters in an election.
74          [(15)] (16) "Local tax law" means a local law, passed by a political subdivision with an
75     annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
76          [(16)] (17) "Measure" means a proposed constitutional amendment, an initiative, or
77     referendum.
78          [(17)] (18) "Referendum" means a process by which a law passed by the Legislature or
79     by a local legislative body is submitted or referred to the voters for their approval or rejection.
80          [(18)] (19) "Referendum packet" means a copy of the referendum petition, a copy of
81     the law being submitted or referred to the voters for their approval or rejection, and the
82     signature sheets, all of which have been bound together as a unit.
83          [(19)] (20) (a) "Signature" means a holographic signature.
84          (b) "Signature" does not mean an electronic signature.
85          [(20)] (21) "Signature sheets" means sheets in the form required by this chapter that are
86     used to collect signatures in support of an initiative or referendum.
87          [(21)] (22) "Sponsors" means the legal voters who support the initiative or referendum
88     and who sign the application for petition copies.
89          [(22)] (23) "Sufficient" means that the signatures submitted in support of an initiative
90     or referendum petition have been certified and verified as required by this chapter.
91          [(23)] (24) "Verified" means acknowledged by the person circulating the petition as
92     required in Sections 20A-7-205 and 20A-7-305.
93          Section 2. Section 20A-7-402 is amended to read:
94          20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
95     Preparation -- Statement on front cover.
96          (1) The county or municipality that is subject to a ballot proposition shall prepare a
97     local voter information pamphlet that meets the requirements of this part.
98          (2) (a) The arguments for [and] or against a ballot proposition shall conform to the
99     requirements of this section.
100          [(i)] (b) To prepare [arguments] an argument for or against a ballot proposition, [a
101     person] an eligible voter shall file a request with the [local legislative body] election officer at
102     least 65 days before the election at which the ballot proposition is to be voted [upon] on.
103          [(ii)] (c) If more than one [person] eligible voter requests the opportunity to prepare
104     [arguments] an argument for or against a ballot proposition, the [governing body] election
105     officer shall make the final designation according to the following criteria:
106          [(A)] (i) sponsors have priority in preparing an argument regarding a ballot
107     proposition; and
108          [(B)] (ii) members of the local legislative body have priority over others.
109          [(iii) (A)] (d) (i) Except as provided [by] in Subsection (2)[(a)(iv)](e), a sponsor of a
110     ballot proposition may prepare an argument in favor of the ballot proposition.
111          [(B)] (ii) Except as provided [by] in Subsection (2)[(a)(iv)](e), [a person] and subject
112     to Subsection (2)(c), an eligible voter opposed to the ballot proposition who submits a request
113     under Subsection (2)[(a)(i)](b) may prepare an argument against the ballot proposition.
114          [(iv) (A)] (e) (i) For a referendum, [a person] subject to Subsection (2)(c), an eligible
115     voter who is in favor of a law that is referred to the voters and who submits a request under
116     Subsection (2)[(a)(i)](b) may prepare an argument for adoption of the law.
117          [(B)] (ii) The sponsors of a referendum may prepare an argument against the adoption
118     of a law that is referred to the voters.
119          [(v) The arguments may not:]
120          (f) An eligible voter who submits an argument under this section shall:
121          [(A)] (i) ensure that the argument does not exceed 500 words in length; [or]
122          [(B)] (ii) ensure that the argument does not list more than five names as sponsors[.];
123          (iii) submit the argument to the election officer no later than 60 days before the
124     election day on which the ballot proposition will be submitted to the voters; and
125          (iv) include with the argument the eligible voter's name, residential address, postal
126     address, email address Ĥ→ if available ←Ĥ , and phone number.
127          [(vi) The arguments supporting and opposing any county or municipal ballot
128     proposition shall be filed with the local clerk not less than 50 days before the election at which
129     they are to be voted upon.]
130          (g) An election officer shall refuse to accept and publish an argument that is submitted
131     after the deadline described in Subsection (2)(f)(iii).
132          (3) (a) An election officer who timely receives the arguments in favor of and against a
133     ballot proposition shall, within one business day after the day on which the election office
134     receives both arguments, send, via mail or email:
135          (i) a copy of the argument in favor of the ballot proposition to the eligible voter who
136     submitted the argument against the ballot proposition; and
137          (ii) a copy of the argument against the ballot proposition to the eligible voter who
138     submitted the argument in favor of the ballot proposition.
139          (b) The eligible voter who submitted a timely argument in favor of the ballot
140     proposition:
141          (i) may submit to the election officer a rebuttal argument of the argument against the
142     ballot proposition;
143          (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
144          (iii) shall submit the rebuttal argument no later than 45 days before the election day on
145     which the ballot proposition will be submitted to the voters.
146          (c) The eligible voter who submitted a timely argument against the ballot proposition:
147          (i) may submit to the election officer a rebuttal argument of the argument in favor of
148     the ballot proposition;
149          (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
150          (iii) shall submit the rebuttal argument no later than 45 days before the election day on
151     which the ballot proposition will be submitted to the voters.
152          (d) An election officer shall refuse to accept and publish a rebuttal argument that is
153     submitted after the deadline described in Subsection (3)(b)(iii) or (3)(c)(iii).
154          (4) (a) Except as provided in Subsection (4)(b):
155          (i) an eligible voter may not modify an argument or rebuttal argument after the eligible
156     voter submits the argument or rebuttal argument to the election officer; and
157          (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
158     modify an argument or rebuttal argument.
159          (b) The election officer, and the eligible voter who submits an argument or rebuttal
160     argument, may jointly agree to modify an argument or rebuttal argument in order to:
161          (i) correct factual, grammatical, or spelling errors; and
162          (ii) reduce the number of words to come into compliance with the requirements of this
163     section.
164          (c) An election officer shall refuse to accept and publish an argument or rebuttal
165     argument if the eligible voter who submits the argument or rebuttal argument fails to negotiate,
166     in good faith, to modify the argument or rebuttal argument in accordance with Subsection
167     (4)(b).
168          (5) An election officer may designate another eligible voter to take the place of an
169     eligible voter described in this section if the original eligible voter is, due to injury, illness,
170     death, or another circumstance, unable to continue to fulfill the duties of an eligible voter
171     described in this section.
172          [(b)] (6) The local voter information pamphlet shall include a copy of the initial fiscal
173     impact estimate prepared for each initiative under Section 20A-7-502.5.
174          [(3)] (7) (a) In preparing the local voter information pamphlet, the [local legislative
175     body] election officer shall:
176          (i) ensure that the arguments are printed on the same sheet of paper upon which the
177     ballot proposition is also printed;
178          (ii) ensure that the following statement is printed on the front cover or the heading of
179     the first page of the printed arguments:
180          "The arguments for or against a ballot proposition are the opinions of the authors.";
181          (iii) pay for the printing and binding of the local voter information pamphlet; and
182          (iv) [ensure that the local clerk distributes] distribute either the pamphlets or the notice
183     described in Subsection [(3)] (7)(c) either by mail or carrier not less than 15 days before, but
184     not more than 45 days before, the election at which the ballot propositions are to be voted
185     upon.
186          (b) (i) If the proposed measure exceeds 500 words in length, the [local legislative body
187     may direct the local clerk to] election officer may summarize the measure in 500 words or less.
188          (ii) The summary shall state where a complete copy of the ballot proposition is
189     available for public review.
190          (c) (i) The [local legislative body] election officer may distribute a notice printed on a
191     postage prepaid, preaddressed return form that a person may use to request delivery of a voter
192     information pamphlet by mail.
193          (ii) The notice described in Subsection [(3)] (7)(c)(i) shall include:
194          (A) the address of the Statewide Electronic Voter Information Website authorized by
195     Section 20A-7-801; and
196          (B) the phone number a voter may call to request delivery of a voter information
197     pamphlet by mail or carrier.
198          Section 3. Section 59-1-1604 is amended to read:
199          59-1-1604. Arguments for and against a ballot proposition -- Rebuttal arguments
200     -- Posting arguments.
201          (1) The arguments for or against a ballot proposition shall conform to the requirements
202     of this section.
203          [(1)] (2) (a) (i) The governing body of a taxing entity shall submit to the election
204     officer an argument in favor of a ballot proposition.
205          (ii) To prepare an argument for or against a ballot proposition, an eligible voter shall
206     file a request with the election officer at least 65 days before the election at which the ballot
207     proposition is to be voted on.
208          (b) [(i) Any eligible voter may submit to the election officer an argument against the
209     ballot proposition. (ii)] If two or more eligible voters wish to submit an argument [under
210     Subsection (1)(b)(i)] for, or an argument against, a ballot proposition, the election officer shall
211     designate one of the eligible voters to submit the argument [described in Subsection (1)(b)(i)].
212          (c) (i) [Subject to Subsection (1)(c)(ii), the election officer shall ensure that each
213     argument submitted under this Subsection (1):] An eligible voter who submits an argument
214     under this section shall:
215          (A) ensure that the argument does not exceed 500 words in length; [and]
216          (B) [is submitted not] submit the argument to the election officer no less than 60 days
217     before the determination date[.]; and
218          (C) include with the argument the eligible voter's name, residential address, postal
219     address, email address Ĥ→ if available ←Ĥ , and phone number.
220          [(ii) The election officer shall ensure that each argument submitted under Subsection
221     (1)(b)(ii) is submitted not less than 50 days before the determination date.]
222          (ii) An election officer shall refuse to accept and publish an argument that is submitted
223     after the deadline described in Subsection (2)(c)(i)(B).
224          [(2)] (3) (a) [When the election officer has received] An election officer who timely
225     receives the arguments in favor of and against a ballot proposition[, the election officer shall
226     immediately] shall, within one business day after the day on which the election officer receives
227     both arguments, send, via email or mail:
228          (i) a copy of the argument in favor of the ballot proposition to the [author of] eligible
229     voter who submitted the argument against the ballot proposition; and
230          (ii) a copy of the argument against the ballot proposition to the [author of] eligible
231     voter who submitted the argument in favor of the ballot proposition.
232          [(b) (i) The author of the argument in favor of the ballot proposition may submit to the
233     election officer a rebuttal argument directed to the argument against the ballot proposition.]
234          [(ii) The author of the argument against the ballot proposition may submit to the
235     election officer a rebuttal argument directed to the argument in favor of the ballot proposition.]
236          [(c) The election officer shall ensure that each rebuttal argument submitted under
237     Subsection (2)(b):]
238          [(i) does not exceed 250 words in length; and]
239          [(ii) is submitted not less than 40 days before the determination date.]
240          [(d) (i) An author of an argument described in Subsection (1) may designate a person to
241     submit a rebuttal argument described in this Subsection (2).]
242          [(ii) A person designated in Subsection (2)(d)(i) shall be an eligible voter.]
243          [(3) A person submitting an argument under this section shall provide the election
244     officer with:]
245          [(a) the person's name and address; and]
246          [(b) an email address by which the person may be contacted.]
247          (b) The eligible voter who submitted a timely argument in favor of the ballot
248     proposition:
249          (i) may submit to the election officer a rebuttal argument of the argument against the
250     ballot proposition;
251          (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
252          (iii) shall submit the rebuttal argument no later than 45 days before the election day on
253     which the ballot proposition will be submitted to the voters.
254          (c) The eligible voter who submitted a timely argument against the ballot proposition:
255          (i) may submit to the election officer a rebuttal argument of the argument in favor of
256     the ballot proposition;
257          (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
258          (iii) shall submit the rebuttal argument no later than 45 days before the election day on
259     which the ballot proposition will be submitted to the voters.
260          (d) An election officer shall refuse to accept and publish a rebuttal argument that is
261     submitted after the deadline described in Subsection (3)(b)(iii) or (3)(c)(iii).
262          (4) (a) Except as provided in Subsection [(4)(c), an author may not amend or change]
263     (4)(b):
264          (i) an eligible voter may not modify an argument or rebuttal argument after the eligible
265     voter submits the argument or rebuttal argument [is submitted] to the election officer[.]; and
266          [(b) Except as provided in Subsection (4)(c), the election officer may not alter an
267     argument or rebuttal argument in any way.]
268          (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
269     modify an argument or rebuttal argument.
270          [(c)] (b) The election officer, and [an author of an argument] the eligible voter who
271     submits an argument or rebuttal argument, may jointly agree to modify an argument or a
272     rebuttal argument [after the argument or rebuttal argument is submitted if the election officer
273     and the author jointly agree that changes to the argument or rebuttal argument must be made to
274     correct spelling, factual, or grammatical errors.] in order to:
275          (i) correct factual, grammatical, and spelling errors; and
276          (ii) reduce the number of words to come into compliance with the requirements of this
277     section.
278          (c) An election officer shall refuse to accept and publish an argument or rebuttal
279     argument if the eligible voter who submits the argument or rebuttal argument fails to negotiate,
280     in good faith, to modify the argument or rebuttal argument in accordance with Subsection
281     (4)(b).
282          (5) An election officer may designate another eligible voter to take the place of an
283     eligible voter described in this section if the original eligible voter is, due to injury, illness,
284     death, or another circumstance, unable to continue to fulfill the duties of an eligible voter
285     described in this section.
286          [(5) The governing body]
287          (6) The election officer of a taxing entity shall:
288          (a) post the arguments and rebuttal arguments on the Statewide Electronic Voter
289     Information Website as described in Section 20A-7-801 for 30 consecutive days before the
290     determination date;
291          (b) if a taxing entity has a public website, post all arguments and rebuttal arguments in
292     a prominent place on the taxing entity's public website for 30 consecutive days before the
293     determination date; and
294          (c) if the taxing entity publishes a newsletter or other periodical, post all arguments and
295     rebuttal arguments in the next scheduled newsletter or other periodical published before the
296     determination date.
297          [(6) For purposes of] (7) When posting an argument and rebuttal argument under
298     Subsection [(5), the governing body] (6), the election officer of a taxing entity shall ensure that:
299          (a) a rebuttal argument is posted in the same manner as a direct argument;
300          (b) each rebuttal argument follows immediately after the direct argument that it seeks
301     to rebut; and
302          (c) information regarding the public meeting required by Section 59-1-1605 follows
303     immediately after the posted arguments, including the date, time, and place of the public
304     meeting.
305          Section 4. Section 59-1-1605 is amended to read:
306          59-1-1605. Public meeting requirements.
307          (1) The governing body of a taxing entity shall conduct a public meeting in accordance
308     with this section no more than [14] 45, but at least four, days before the determination date.
309          (2) The governing body of the taxing entity shall allow equal time, within a reasonable
310     limit, for a presentation of the arguments:
311          (a) in favor of the ballot proposition; and
312          (b) against the ballot proposition.
313          (3) (a) A governing body of a taxing entity conducting a public meeting described in
314     Subsection (1) shall provide an interested party desiring to be heard an opportunity to present
315     oral testimony within reasonable time limits.
316          (b) A taxing entity shall hold a public meeting described in this section beginning at or
317     after 6 p.m.
318          (4) (a) A taxing entity shall provide a digital audio recording of a public meeting
319     described in Subsection (1) no later than three days after the date of the public meeting.
320          (b) For purposes of providing the digital audio recording described in Subsection
321     (4)(a), a governing body of a taxing entity shall:
322          (i) if a taxing entity has a public website, provide access to the digital audio recording
323     described in Subsection (4)(a) on the taxing entity's public website; or
324          (ii) provide a digital copy of the recording described in Subsection (4)(a) to members
325     of the public at the taxing entity's primary government office building.




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