1     
INITIATIVE AND REFERENDUM AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian M. Greene

5     
Senate Sponsor: Alvin B. Jackson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code relating to initiatives and referenda.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definitions of a local law and a local tax law;
13          ▸     removes a criminal penalty relating to the statement on an initiative or referendum
14     petition that a person signing the petition has read and understands the law to which
15     the initiative or referendum relates;
16          ▸     establishes and modifies deadlines relating to the local initiative and referendum
17     process;
18          ▸     modifies provisions relating to property tax referenda; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          20A-1-609, as last amended by Laws of Utah 2011, Chapter 395
27          20A-7-101, as last amended by Laws of Utah 2014, Chapters 364 and 396
28          20A-7-504, as last amended by Laws of Utah 2000, Chapter 3
29          20A-7-601, as last amended by Laws of Utah 2014, Chapter 242

30          20A-7-602, as last amended by Laws of Utah 2000, Chapter 3
31          20A-7-603, as last amended by Laws of Utah 2014, Chapter 329
32          20A-7-604, as enacted by Laws of Utah 1994, Chapter 272
33          20A-7-606, as last amended by Laws of Utah 2014, Chapter 396
34          20A-7-613, as last amended by Laws of Utah 2015, Chapter 258
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 20A-1-609 is amended to read:
38          20A-1-609. Omnibus penalties.
39          [(1) Unless another penalty is specifically provided, any]
40          (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
41     this title is guilty of a class B misdemeanor.
42          (b) Subsection (1)(a) does not apply to:
43          (i) a provision of this title for which another penalty is expressly stated; or
44          (ii) Subsection 20A-7-203(2)(h), 20A-7-303(2)(h), 20A-7-503(2)(i), or
45     20A-7-603(2)(h).
46          (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, a person convicted of
47     any offense under this title may not:
48          (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
49     for any office during the election cycle in which the violation occurred;
50          (b) take or hold the office to which he was elected; and
51          (c) receive the emoluments of the office to which he was elected.
52          (3) (a) Any person convicted of any offense under this title forfeits the right to vote at
53     any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
54     20A-2-101.5.
55          (b) Any person may challenge the right to vote of a person described in Subsection
56     (3)(a) by following the procedures and requirements of Section 20A-3-202.
57          Section 2. Section 20A-7-101 is amended to read:

58          20A-7-101. Definitions.
59          As used in this chapter:
60          (1) "Budget officer" means:
61          (a) for a county, the person designated as budget officer in Section 17-19a-203;
62          (b) for a city, the person designated as budget officer in Subsection 10-6-106(5); or
63          (c) for a town, the town council.
64          (2) "Certified" means that the county clerk has acknowledged a signature as being the
65     signature of a registered voter.
66          (3) "Circulation" means the process of submitting an initiative or referendum petition
67     to legal voters for their signature.
68          (4) "Final fiscal impact statement" means a financial statement prepared after voters
69     approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
70     20A-7-502.5(2).
71          (5) "Initial fiscal impact estimate" means:
72          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
73     application for an initiative petition; or
74          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
75     for an initiative or referendum petition.
76          (6) "Initiative" means a new law proposed for adoption by the public as provided in
77     this chapter.
78          (7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
79     law, and the signature sheets, all of which have been bound together as a unit.
80          (8) "Legal signatures" means the number of signatures of legal voters that:
81          (a) meet the numerical requirements of this chapter; and
82          (b) have been certified and verified as provided in this chapter.
83          (9) "Legal voter" means a person who:
84          (a) is registered to vote; or
85          (b) becomes registered to vote before the county clerk certifies the signatures on an

86     initiative or referendum petition.
87          (10) "Local attorney" means the county attorney, city attorney, or town attorney in
88     whose jurisdiction a local initiative or referendum petition is circulated.
89          (11) "Local clerk" means the county clerk, city recorder, or town clerk in whose
90     jurisdiction a local initiative or referendum petition is circulated.
91          (12) (a) "Local law" includes:
92          (i) an ordinance[,];
93          (ii) a resolution[,];
94          (iii) a master plan[, and any];
95          (iv) a comprehensive zoning regulation adopted by ordinance or resolution[.]; or
96          (v) other legislative action of a local legislative body.
97          (b) "Local law" does not include an individual property zoning decision.
98          (13) "Local legislative body" means the legislative body of a county, city, or town.
99          (14) "Local obligation law" means a local law passed by the local legislative body
100     regarding a bond that was approved by a majority of qualified voters in an election.
101          (15) "Local tax law" means a [local] law, passed by a political subdivision with an
102     annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
103          (16) "Measure" means a proposed constitutional amendment, an initiative, or
104     referendum.
105          (17) "Referendum" means a process by which a law passed by the Legislature or by a
106     local legislative body is submitted or referred to the voters for their approval or rejection.
107          (18) "Referendum packet" means a copy of the referendum petition, a copy of the law
108     being submitted or referred to the voters for their approval or rejection, and the signature
109     sheets, all of which have been bound together as a unit.
110          (19) (a) "Signature" means a holographic signature.
111          (b) "Signature" does not mean an electronic signature.
112          (20) "Signature sheets" means sheets in the form required by this chapter that are used
113     to collect signatures in support of an initiative or referendum.

114          (21) "Sponsors" means the legal voters who support the initiative or referendum and
115     who sign the application for petition copies.
116          (22) "Sufficient" means that the signatures submitted in support of an initiative or
117     referendum petition have been certified and verified as required by this chapter.
118          (23) "Verified" means acknowledged by the person circulating the petition as required
119     in Sections 20A-7-205 and 20A-7-305.
120          Section 3. Section 20A-7-504 is amended to read:
121          20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
122     materials.
123          (1) In order to obtain the necessary number of signatures required by this part, the
124     sponsors shall circulate initiative packets that meet the form requirements of this part.
125          (2) [The] Within five days after the day on which a local clerk receives an application
126     that complies with the requirements of Section 20A-7-502, the local clerk shall furnish to the
127     sponsors:
128          (a) one copy of the initiative petition; and
129          (b) one signature sheet.
130          (3) The sponsors of the petition shall:
131          (a) arrange and pay for the printing of all additional copies of the petition and signature
132     sheets; and
133          (b) ensure that the copies of the petition and signature sheets meet the form
134     requirements of this section.
135          (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
136     initiative packets.
137          (b) The sponsors shall create those packets by binding a copy of the initiative petition,
138     a copy of the proposed law, and no more than 50 signature sheets together at the top in such a
139     way that the packets may be conveniently opened for signing.
140          (c) The sponsors need not attach a uniform number of signature sheets to each
141     initiative packet.

142          (5) (a) After the sponsors have prepared sufficient initiative packets, they shall return
143     them to the local clerk.
144          (b) The local clerk shall:
145          (i) number each of the initiative packets and return them to the sponsors within five
146     working days; and
147          (ii) keep a record of the numbers assigned to each packet.
148          Section 4. Section 20A-7-601 is amended to read:
149          20A-7-601. Referenda -- General signature requirements -- Signature
150     requirements for land use laws and subjurisdictional laws -- Time requirements.
151          (1) Except as provided in Subsection (2) or (3), a person seeking to have a local law
152     passed by the local legislative body submitted to a vote of the people shall obtain legal
153     signatures equal to:
154          (a) 10% of all the votes cast in the county, city, or town for all candidates for president
155     of the United States at the last election at which a president of the United States was elected if
156     the total number of votes exceeds 25,000;
157          (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
158     president of the United States at the last election at which a president of the United States was
159     elected if the total number of votes does not exceed 25,000 but is more than 10,000;
160          (c) 15% of all the votes cast in the county, city, or town for all candidates for president
161     of the United States at the last election at which a president of the United States was elected if
162     the total number of votes does not exceed 10,000 but is more than 2,500;
163          (d) 20% of all the votes cast in the county, city, or town for all candidates for president
164     of the United States at the last election at which a president of the United States was elected if
165     the total number of votes does not exceed 2,500 but is more than 500;
166          (e) 25% of all the votes cast in the county, city, or town for all candidates for president
167     of the United States at the last election at which a president of the United States was elected if
168     the total number of votes does not exceed 500 but is more than 250; and
169          (f) 30% of all the votes cast in the county, city, or town for all candidates for president

170     of the United States at the last election at which a president of the United States was elected if
171     the total number of votes does not exceed 250.
172          (2) (a) As used in this Subsection (2), "land use law" includes a land use development
173     code, an annexation ordinance, and comprehensive zoning ordinances.
174          (b) Except as provided in Subsection (3), a person seeking to have a land use law or
175     local obligation law passed by the local legislative body submitted to a vote of the people shall
176     obtain legal signatures equal to:
177          (i) in a county or in a city of the first or second class, 20% of all votes cast in the
178     county or city for all candidates for president of the United States at the last election at which a
179     president of the United States was elected; and
180          (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
181     city or town for all candidates for president of the United States at the last election at which a
182     president of the United States was elected.
183          (3) (a) As used in this Subsection (3):
184          (i) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
185     jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
186          (ii) "Subjurisdictional law" means a local law or local obligation law passed by a local
187     legislative body that imposes a tax or other payment obligation on property in an area that does
188     not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
189          (b) A person seeking to have a subjurisdictional law passed by the local legislative
190     body submitted to a vote of the people shall obtain legal signatures of the residents in the
191     subjurisdiction equal to:
192          (i) 10% of the total votes cast in the subjurisdiction for all candidates for president of
193     the United States at the last election at which a president of the United States was elected if the
194     total number of votes exceeds 25,000;
195          (ii) 12-1/2% of all the votes cast in the subjurisdiction for all candidates for president
196     of the United States at the last election at which a president of the United States was elected if
197     the total number of votes does not exceed 25,000 but is more than 10,000;

198          (iii) 15% of all the votes cast in the subjurisdiction for all candidates for president of
199     the United States at the last election at which a president of the United States was elected if the
200     total number of votes does not exceed 10,000 but is more than 2,500;
201          (iv) 20% of all the votes cast in the subjurisdiction for all candidates for president of
202     the United States at the last election at which a president of the United States was elected if the
203     total number of votes does not exceed 2,500 but is more than 500;
204          (v) 25% of all the votes cast in the subjurisdiction for all candidates for president of the
205     United States at the last election at which a president of the United States was elected if the
206     total number of votes does not exceed 500 but is more than 250; and
207          (vi) 30% of all the votes cast in the subjurisdiction for all candidates for president of
208     the United States at the last election at which a president of the United States was elected if the
209     total number of votes does not exceed 250.
210          (4) (a) Sponsors of any referendum petition challenging, under Subsection (1), (2), or
211     (3) any local law passed by a local legislative body shall file the application within five days
212     after the passage of the local law.
213          (b) Except as provided in Subsection (4)(c), when a referendum petition has been
214     declared sufficient, the local law that is the subject of the petition does not take effect unless
215     and until the local law is approved by a vote of the people.
216          (c) When a referendum petition challenging a subjurisdictional law has been declared
217     sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
218     and until the subjurisdictional law is approved by a vote of the people who reside in the
219     subjurisdiction.
220          (5) If the referendum passes, the local law that was challenged by the referendum is
221     repealed as of the date of the election.
222          (6) Nothing in this section authorizes a local legislative body to impose a tax or other
223     payment obligation on a subjurisdiction in order to benefit an area outside of the
224     subjurisdiction.
225          Section 5. Section 20A-7-602 is amended to read:

226          20A-7-602. Local referendum process -- Application procedures.
227          (1) Persons wishing to circulate a referendum petition shall file an application with the
228     local clerk.
229          (2) The application shall contain:
230          (a) the name and residence address of at least five sponsors of the referendum petition;
231          (b) a certification indicating that each of the sponsors:
232          (i) is a resident of Utah; and
233          (ii) (A) if the referendum challenges a county [ordinance] local law, has voted in a
234     regular general election in Utah within the last three years; or
235          (B) if the referendum challenges a municipal [ordinance] local law, has voted in a
236     regular municipal election in Utah within the last three years;
237          (c) the signature of each of the sponsors, attested to by a notary public; and
238          (d) (i) if the referendum challenges an ordinance or resolution, one copy of the law[.];
239     or
240          (ii) if the referendum challenges a local law that is not an ordinance or resolution, a
241     written description of the local law, including the result of the vote on the local law.
242          Section 6. Section 20A-7-603 is amended to read:
243          20A-7-603. Form of referendum petition and signature sheets.
244          (1) (a) Each proposed referendum petition shall be printed in substantially the
245     following form:
246          "REFERENDUM PETITION To the Honorable ____, County Clerk/City
247     Recorder/Town Clerk:
248          We, the undersigned citizens of Utah, respectfully order that [Ordinance No. ____,
249     entitled (title of ordinance, and, if the petition is against less than the whole ordinance, set forth
250     here the part or parts on which the referendum is sought)] (description of local law or portion
251     of local law being challenged), passed by the ____ be referred to the voters for their approval
252     or rejection at the regular/municipal general election to be held on
253     __________(month\day\year);

254          Each signer says:
255          I have personally signed this petition;
256          I am registered to vote in Utah or intend to become registered to vote in Utah before the
257     certification of the petition names by the county clerk; and
258          My residence and post office address are written correctly after my name."
259          (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
260     referendum to each referendum petition.
261          (2) Each signature sheet shall:
262          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
263          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
264     that line blank for the purpose of binding;
265          (c) contain the title of the referendum printed below the horizontal line;
266          (d) contain the word "Warning" printed or typed at the top of each signature sheet
267     under the title of the referendum;
268          (e) contain, to the right of the word "Warning," the following statement printed or
269     typed in not less than eight-point, single-leaded type:
270          "It is a class A misdemeanor for [anyone] an individual to sign [any] a referendum
271     petition with any other name than [his] the individual's own name, or to knowingly [to] sign
272     [his] the individual's name more than once for the same measure, or to sign a referendum
273     petition when [he] the individual knows [he] that the individual is not a registered voter and
274     knows that [he] the individual does not intend to become registered to vote before the
275     certification of the petition names by the county clerk.";
276          (f) contain horizontally ruled lines three-eighths inch apart under the "Warning"
277     statement required by this section;
278          (g) be vertically divided into columns as follows:
279          (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
280     wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
281     the middle;

282          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
283     Name (must be legible to be counted)";
284          (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
285     Voter";
286          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
287     and
288          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
289     Code";
290          (h) spanning the sheet horizontally beneath each row on which a registered voter may
291     submit the information described in Subsection (2)(g), contain the following statement printed
292     or typed in not less than eight-point, single-leaded type: "By signing this petition, you are
293     stating that you have read and understand the law this petition seeks to overturn."; and
294          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
295     information is not required, but it may be used to verify your identity with voter registration
296     records. If you choose not to provide it, your signature may not be verified as a valid signature
297     if you change your address before petition signatures are verified or if the information you
298     provide does not match your voter registration records."
299          (3) The final page of each referendum packet shall contain the following printed or
300     typed statement:
301          "Verification
302          State of Utah, County of ____
303          I, _______________, of ____, hereby state that:
304          I am a resident of Utah and am at least 18 years old;
305          All the names that appear in this referendum packet were signed by persons who
306     professed to be the persons whose names appear in it, and each of them signed his name on it
307     in my presence;
308          I believe that each has printed and signed his name and written his post office address
309     and residence correctly, and that each signer is registered to vote in Utah or intends to become

310     registered to vote before the certification of the petition names by the county clerk.
311          _____________________________"
312          (4) The forms prescribed in this section are not mandatory, and, if substantially
313     followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical
314     errors.
315          Section 7. Section 20A-7-604 is amended to read:
316          20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
317     materials.
318          (1) In order to obtain the necessary number of signatures required by this part, the
319     sponsors shall circulate referendum packets that meet the form requirements of this part.
320          (2) [The] Within five days after the day on which a local clerk receives an application
321     that complies with the requirements of Section 20A-7-602, the local clerk shall furnish to the
322     sponsors:
323          (a) five copies of the referendum petition; and
324          (b) five signature sheets.
325          (3) The sponsors of the petition shall:
326          (a) arrange and pay for the printing of all additional copies of the petition and signature
327     sheets; and
328          (b) ensure that the copies of the petition and signature sheets meet the form
329     requirements of this section.
330          (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
331     referendum packets.
332          (b) The sponsors shall create those packets by binding a copy of the referendum
333     petition, a copy of the law that is the subject of the referendum, and no more than 50 signature
334     sheets together at the top in such a way that the packets may be conveniently opened for
335     signing.
336          (c) The sponsors need not attach a uniform number of signature sheets to each
337     referendum packet.

338          (5) (a) After the sponsors have prepared sufficient referendum packets, they shall
339     return them to the local clerk.
340          (b) The local clerk shall:
341          (i) number each of the referendum packets and return them to the sponsors within five
342     working days; and
343          (ii) keep a record of the numbers assigned to each packet.
344          Section 8. Section 20A-7-606 is amended to read:
345          20A-7-606. Submitting the referendum petition -- Certification of signatures by
346     the county clerks -- Transfer to local clerk.
347          (1) (a) The sponsors shall deliver each signed and verified referendum packet to the
348     county clerk of the county in which the packet was circulated no later than 45 days after the day
349     on which the [local law is passed] sponsors receive the items described in Subsection
350     20A-7-604(2) from the local clerk.
351          (b) A sponsor may not submit a referendum packet after the deadline established in this
352     Subsection (1).
353          (2) (a) No later than 15 days after the day on which a county clerk receives a
354     referendum packet under Subsection (1)(a), the county clerk shall:
355          (i) check the names of all persons completing the verification on the last page of each
356     referendum packet to determine whether those persons are Utah residents and are at least 18
357     years old; and
358          (ii) submit the name of each of those persons who is not a Utah resident or who is not
359     at least 18 years old to the attorney general and county attorney.
360          (b) The county clerk may not certify a signature under Subsection (3) on a referendum
361     packet that is not verified in accordance with Section 20A-7-605.
362          (3) No later than 30 days after the day on which a county clerk receives a referendum
363     packet under Subsection (1)(a), the county clerk shall:
364          (a) determine whether each signer is a registered voter according to the requirements of
365     Section 20A-7-606.3;

366          (b) certify on the referendum petition whether each name is that of a registered voter;
367     and
368          (c) deliver all of the verified referendum packets to the local clerk.
369          Section 9. Section 20A-7-613 is amended to read:
370          20A-7-613. Property tax referendum petition.
371          (1) As used in this section[: (a) "Certified], "certified tax rate" [is as] means the same
372     as that term is defined in Subsection 59-2-924(3)(a).
373          [(b) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year
374     that begins on July 1 and ends on June 30.]
375          (2) Except as provided in this section, the requirements of this part apply to a
376     referendum petition challenging a [fiscal year] taxing entity's legislative body's vote to impose
377     a tax rate that exceeds the certified tax rate.
378          (3) Notwithstanding Subsection 20A-7-604(5), the local clerk shall number each of the
379     referendum packets and return them to the sponsors within two working days.
380          (4) Notwithstanding Subsection 20A-7-606(1), the sponsors shall deliver each signed
381     and verified referendum packet to the county clerk of the county in which the packet was
382     circulated no later than 40 days after the day on which the local clerk complies with Subsection
383     (3).
384          (5) Notwithstanding Subsections 20A-7-606(2) and (3), the county clerk shall take the
385     actions required in Subsections 20A-7-606(2) and (3) within 10 working days after the day on
386     which the county clerk receives the signed and verified referendum packet as described in
387     Subsection (4).
388          (6) The local clerk shall take the actions required by Section 20A-7-607 within two
389     working days after the day on which the local clerk receives the referendum packets from the
390     county clerk.
391          (7) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
392     ballot title within two working days after the day on which the referendum petition is declared
393     sufficient for submission to a vote of the people.

394          (8) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
395     ballot under this section shall appear on the ballot for the earlier of the next regular general
396     election or the next municipal general election unless a special election is called.
397          (9) Notwithstanding the requirements related to absentee ballots under this title:
398          (a) the election officer shall prepare absentee ballots for those voters who have
399     requested an absentee ballot as soon as possible after the ballot title is prepared as described in
400     Subsection (7); and
401          (b) the election officer shall mail absentee ballots on a referendum under this section
402     the later of:
403          (i) the time provided in Section 20A-3-305 or 20A-16-403; or
404          (ii) the time that absentee ballots are prepared for mailing under this section.
405          (10) Section 20A-7-402 does not apply to a referendum described in this section.
406          (11) (a) If a majority of voters does not vote against imposing the tax at a rate
407     calculated to generate the increased revenue budgeted, adopted, and approved by the [fiscal
408     year] taxing entity's legislative body:
409          (i) the certified tax rate for the fiscal year during which the referendum petition is filed
410     is its most recent certified tax rate; and
411          (ii) the proposed increased revenues for purposes of establishing the certified tax rate
412     for the fiscal year after the fiscal year described in Subsection (11)(a)(i) are the proposed
413     increased revenues budgeted, adopted, and approved by the [fiscal year] taxing entity's
414     legislative body before the filing of the referendum petition.
415          (b) If a majority of voters votes against imposing a tax at the rate established by the
416     vote of the [fiscal year] taxing entity's legislative body, the certified tax rate for the [fiscal year]
417     taxing entity is [its] the taxing entity's most recent certified tax rate.
418          (c) If the tax rate is set in accordance with Subsection (11)(a)(ii), a [fiscal year] taxing
419     entity is not required to comply with the notice and public hearing requirements of Section
420     59-2-919 if the [fiscal year] taxing entity complies with those notice and public hearing
421     requirements before the referendum petition is filed.

422          (12) The ballot title shall, at a minimum, include in substantially this form the
423     following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
424     sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
425     budgeted, adopted, and approved by the [name of the taxing entity]".
426          (13) A [fiscal year] taxing entity shall pay the county the costs incurred by the county
427     that are directly related to meeting the requirements of this section and that the county would
428     not have incurred but for compliance with this section.
429          (14) (a) An election officer shall include on a ballot a referendum that has not yet
430     qualified for placement on the ballot, if:
431          (i) sponsors file an application for a referendum described in this section;
432          (ii) the ballot will be used for the election for which the sponsors are attempting to
433     qualify the referendum; and
434          (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
435     the day on which the ballot will be printed.
436          (b) If an election officer includes on a ballot a referendum described in Subsection
437     (14)(a), the ballot title shall comply with Subsection (12).
438          (c) If an election officer includes on a ballot a referendum described in Subsection
439     (14)(a) that does not qualify for placement on the ballot, the election officer shall inform the
440     voters by any practicable method that the referendum has not qualified for the ballot and that
441     votes cast in relation to the referendum will not be counted.