2
3
4
5
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 [
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 [
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 [
53 in this chapter.
54 [
55 proposed law, and the signature sheets, all of which have been bound together as a unit.
56 [
57 (a) meet the numerical requirements of this chapter; and
58 (b) have been certified and verified as provided in this chapter.
59 [
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 [
64 in whose jurisdiction a local initiative or referendum petition is circulated.
65 [
66 jurisdiction a local initiative or referendum petition is circulated.
67 [
68 comprehensive zoning regulation adopted by ordinance or resolution.
69 (b) "Local law" does not include an individual property zoning decision.
70 [
71 town.
72 [
73 body regarding a bond that was approved by a majority of qualified voters in an election.
74 [
75 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
76 [
77 referendum.
78 [
79 by a local legislative body is submitted or referred to the voters for their approval or rejection.
80 [
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 [
84 (b) "Signature" does not mean an electronic signature.
85 [
86 used to collect signatures in support of an initiative or referendum.
87 [
88 and who sign the application for petition copies.
89 [
90 or referendum petition have been certified and verified as required by this chapter.
91 [
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 [
99 requirements of this section.
100 [
101
102 least 65 days before the election at which the ballot proposition is to be voted [
103 [
104 [
105 officer shall make the final designation according to the following criteria:
106 [
107 proposition; and
108 [
109 [
110 ballot proposition may prepare an argument in favor of the ballot proposition.
111 [
112 to Subsection (2)(c), an eligible voter opposed to the ballot proposition who submits a request
113 under Subsection (2)[
114 [
115 voter who is in favor of a law that is referred to the voters and who submits a request under
116 Subsection (2)[
117 [
118 of a law that is referred to the voters.
119 [
120 (f) An eligible voter who submits an argument under this section shall:
121 [
122 [
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 if available, and phone number.
127 [
128
129
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 [
173 impact estimate prepared for each initiative under Section 20A-7-502.5.
174 [
175
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) [
183 described in Subsection [
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 [
187
188 (ii) The summary shall state where a complete copy of the ballot proposition is
189 available for public review.
190 (c) (i) The [
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 [
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 [
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) [
209
210
211 designate one of the eligible voters to submit the argument [
212 (c) (i) [
213
214 under this section shall:
215 (A) ensure that the argument does not exceed 500 words in length; [
216 (B) [
217 before the determination date[
218 (C) include with the argument the eligible voter's name, residential address, postal
219 address, email address if available, and phone number.
220 [
221
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 [
225 receives the arguments in favor of and against a ballot proposition[
226
227 both arguments, send, via email or mail:
228 (i) a copy of the argument in favor of the ballot proposition to the [
229 voter who submitted the argument against the ballot proposition; and
230 (ii) a copy of the argument against the ballot proposition to the [
231 voter who submitted the argument in favor of the ballot proposition.
232 [
233
234 [
235
236 [
237
238 [
239 [
240 [
241
242 [
243 [
244
245 [
246 [
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 [
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 [
266 [
267
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 [
271 submits an argument or rebuttal argument, may jointly agree to modify an argument or a
272 rebuttal argument [
273
274
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 [
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 [
298 Subsection [
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 [
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.