Chief Sponsor: Patrice M. Arent

Senate Sponsor: ____________


9     General Description:
10          This bill modifies the Election Code to establish procedures for submitting a
11     nonbinding opinion question to the voters of Utah.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     establishes procedures for submitting a nonbinding opinion question to the voters of
16     Utah;
17          ▸     describes the duties of the lieutenant governor and county clerks in submitting the
18     opinion question to the voters;
19          ▸     establishes procedures for the ballot form, voter information pamphlet, public
20     notice, manner of voting, and canvass of returns in relation to the nonbinding
21     opinion question; and
22          ▸     provides a repealer.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          20A-6-107, as enacted by Laws of Utah 2008, Chapter 315
30          63I-2-220, as last amended by Laws of Utah 2014, Chapter 3
31          63I-2-236, as last amended by Laws of Utah 2015, Chapters 118 and 219
32     ENACTS:
33          36-16b-101, Utah Code Annotated 1953
34          36-16b-102, Utah Code Annotated 1953
35          36-16b-103, Utah Code Annotated 1953
36          36-16b-201, Utah Code Annotated 1953
37          36-16b-202, Utah Code Annotated 1953
38          36-16b-203, Utah Code Annotated 1953
39          36-16b-204, Utah Code Annotated 1953
40          36-16b-301, Utah Code Annotated 1953
41          36-16b-302, Utah Code Annotated 1953
42          36-16b-303, Utah Code Annotated 1953
43          36-16b-304, Utah Code Annotated 1953

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 20A-6-107 is amended to read:
47          20A-6-107. Numbering of ballot propositions, bond propositions, and nonbinding
48     opinion questions -- Duties of election officer and lieutenant governor.
49          (1) (a) Except as provided in Subsections (1)(b) and (1)(c), each ballot proposition
50     shall be listed on the ballot under the heading "Proposition #___", with the number of the ballot
51     proposition placed in the blank.
52          (b) Each proposed amendment to the Utah Constitution shall be listed on the ballot
53     under the heading "Constitutional Amendment ___", with a letter placed in the blank.
54          (c) Each bond proposition that has qualified for the ballot shall be listed on the ballot
55     under the title assigned to each bond proposition under Section 11-14-206.
56          (2) Each nonbinding opinion question submitted to a vote of the people under Title 36,
57     Chapter 16b, Nonbinding Statewide Public Opinion Questions, shall be listed on the ballot
58     under the heading "Nonbinding Opinion Question #___," with the number of the nonbinding

59     opinion question placed in the blank.
60          [(2)] (3) (a) When an election officer or other person given authority to prepare or
61     number ballot propositions receives a ballot proposition that is eligible for inclusion on the
62     ballot, they shall ask the lieutenant governor to assign a number to the ballot proposition.
63          (b) (i) Upon request from an election officer or other person given authority to prepare
64     or number ballot propositions, the lieutenant governor shall assign each ballot proposition a
65     unique number, except as provided under Subsection [(2)] (3)(b)(iii).
66          (ii) Ballot proposition numbers shall be assigned sequentially, in the order requests for
67     ballot proposition numbers are received.
68          (iii) The same ballot proposition number may be assigned to multiple ballot
69     propositions if:
70          (A) the sponsors of each ballot proposition agree, in writing, to share the number; and
71          (B) the ballot propositions sharing the same number are identical in their terms,
72     purpose, and effect, with jurisdiction being the only significant difference between the ballot
73     propositions.
74          (4) When the lieutenant governor receives a joint resolution for a nonbinding opinion
75     question under Section 36-16b-202, the lieutenant governor shall:
76          (a) assign a number to the nonbinding opinion question that is unique to the
77     nonbinding opinion question; and
78          (b) assign numbers to each nonbinding opinion question sequentially, in the order in
79     which the lieutenant governor receives the joint resolutions.
80          Section 2. Section 36-16b-101 is enacted to read:

Part 1. General Provisions

83          36-16b-101. Title.
84          (1) This chapter is known as "Nonbinding Statewide Public Opinion Questions."
85          (2) This part is known as "General Provisions."
86          Section 3. Section 36-16b-102 is enacted to read:
87          36-16b-102. Definitions.
88          As used in this chapter:
89          (1) "Opinion question" means a nonbinding question that is submitted to all legal

90     voters of the state in accordance with this chapter.
91          (2) "Originating house" means:
92          (a) the Utah House of Representatives if the resolution is a House joint resolution; or
93          (b) the Utah State Senate if the resolution is a Senate joint resolution.
94          (3) "Regular general election" means the same as that term is defined in Section
95     20A-1-102.
96          Section 4. Section 36-16b-103 is enacted to read:
97          36-16b-103. Exemption.
98          Title 20A, Chapter 7, Issues Submitted to the Voters, does not apply to an opinion
99     question.
100          Section 5. Section 36-16b-201 is enacted to read:
Part 2. Submission of Nonbinding Opinion Questions to Voters

102          36-16b-201. Title.
103          This part is known as "Submission of Nonbinding Opinion Questions to Voters."
104          Section 6. Section 36-16b-202 is enacted to read:
105          36-16b-202. Resolution to submit nonbinding opinion questions to voters.
106          (1) The Legislature may submit an opinion question to the legal voters of the state by
107     passing a joint resolution in accordance with the requirements of this section.
108          (2) The joint resolution described in Subsection (1) shall include:
109          (a) the language of the opinion question as it will appear on the ballot;
110          (b) a statement directing that the lieutenant governor submit the language of the
111     opinion question to the legal voters of the state for their approval or rejection; and
112          (c) language designating the date of the regular general election in which the opinion
113     question shall be submitted to the voters.
114          (3) After passage by both houses of the Legislature, the originating house shall submit
115     the joint resolution to the lieutenant governor with instructions that the opinion question
116     specified in the joint resolution be submitted to the legal voters on the regular general election
117     date specified in the resolution.
118          Section 7. Section 36-16b-203 is enacted to read:
119          36-16b-203. Lieutenant governor's duties.
120          (1) After receipt of a joint resolution described in Section 36-16b-202, the lieutenant

121     governor shall:
122          (a) submit the opinion question to the legal voters of Utah as required by the
123     resolution;
124          (b) comply with Section 36-16b-302; and
125          (c) except as provided in Section 36-16b-103, comply with all relevant provisions of
126     Title 20A, Election Code, relating to the conduct of elections.
127          (2) The lieutenant governor may establish additional requirements for county clerks to
128     facilitate the conduct of the election.
129          Section 8. Section 36-16b-204 is enacted to read:
130          36-16b-204. Duties of county clerks.
131          Each county clerk shall, with respect to an opinion question described in this chapter,
132     comply with:
133          (1) the requirements of Title 20A, Election Code, relating to regular general elections;
134          (2) the requirements of Section 36-16b-302; and
135          (3) any other requirement imposed by the lieutenant governor.
136          Section 9. Section 36-16b-301 is enacted to read:
Part 3. Voting and Canvassing

138          36-16b-301. Title.
139          This part is known as "Voting and Canvassing."
140          Section 10. Section 36-16b-302 is enacted to read:
141          36-16b-302. Procedures -- Ballot title -- Publication of nonbinding opinion
142     question.
143          (1) The lieutenant governor, the Office of Legislative Research and General Counsel,
144     and each county clerk shall comply with the procedures described in this section whenever the
145     Legislature authorizes an opinion question under Section 36-16b-202.
146          (2) If the Legislature passes a resolution described in Section 36-16b-202, the Office of
147     Legislative Research and General Counsel shall, on or before July 20:
148          (a) draft a ballot title that summarizes the subject matter of the opinion question; and
149          (b) deliver the ballot title to the lieutenant governor.
150          (3) On or before August 31, the lieutenant governor shall certify the number and ballot
151     title of the opinion question to each county clerk in accordance with Section 20A-6-107.

152          (4) No more than 60 days nor less than 14 days before the date of the regular general
153     election, the lieutenant governor shall cause the full text of the opinion question to be
154     published in at least one newspaper in every county of the state where a newspaper is
155     published.
156          (5) Each county clerk shall cause both the number and title of the opinion question to
157     be:
158          (a) printed on the ballot to be used on election day;
159          (b) printed on the sample ballot; and
160          (c) otherwise published as required by law.
161          Section 11. Section 36-16b-303 is enacted to read:
162          36-16b-303. Ballot form -- Manner of voting.
163          The lieutenant governor shall ensure that a ballot containing an opinion question
164     includes:
165          (1) a number and ballot title;
166          (2) the text of the opinion question; and
167          (3) (a) the words "FOR" and "AGAINST," each word presented with an adjacent
168     square in which the voter may indicate the voter's vote; or
169          (b) all possible responses to the opinion question, each response presented with an
170     adjacent square in which the voter may indicate the voter's vote.
171          Section 12. Section 36-16b-304 is enacted to read:
172          36-16b-304. Canvass of returns.
173          (1) The county legislative body shall conduct a public canvass of the returns from the
174     opinion question election no later than 14 days after the day on which the regular general
175     election is held.
176          (2) Each county clerk shall:
177          (a) make a certified abstract of the record of the canvassers detailing the votes cast on
178     the opinion question; and
179          (b) seal the transcript, endorse on the transcript, "Election Returns," and transmit the
180     transcript to the lieutenant governor's office so that the lieutenant governor receives the
181     transcript on or before the fifth day before the day designated for the meeting of the state board
182     of canvassers.

183          (3) The state board of canvassers established under Section 20A-4-306 shall meet to
184     compute and determine the vote on the opinion question.
185          (4) The lieutenant governor may, in accordance with the requirements of Title 20A,
186     Election Code, establish additional requirements for county clerks to facilitate the conduct of
187     an election on an opinion question described in this chapter.
188          Section 13. Section 63I-2-220 is amended to read:
189          63I-2-220. Repeal dates, Title 20A.
190          [(1) Section 20A-3-704 is repealed January 1, 2016.]
191          [(2) Section 20A-5-410 is repealed January 1, 2016.]
192          [(3) (a) Subsection 20A-7-101(1)(a)(i), the language that states "of the first class" and
193     "; or" is repealed January 1, 2015.]
194          [(b) Subsection 20A-7-101(1)(a)(ii), the language that states "for a county not
195     described in Subsection (1)(a)(i), a person designated as budget officer in Section 17-19-19" is
196     repealed January 1, 2015.]
197          [(4) Section 20A-9-403.1 is repealed on January 1, 2015.]
198          On January 1, 2017, Subsections 20A-6-107(2) and (4) are repealed and the remaining
199     subsections, and references to those subsections, are renumbered accordingly.
200          Section 14. Section 63I-2-236 is amended to read:
201          63I-2-236. Repeal dates -- Title 36.
202          (1) Title 36, Chapter 16b, Nonbinding Statewide Public Opinion Questions, is repealed
203     on January 1, 2017.
204          [(1)] (2) Sections 36-28-101 through 36-28-104 are repealed July 1, 2019.
205          [(2)] (3) Section 36-29-102 is repealed July 1, 2016.

Legislative Review Note
Office of Legislative Research and General Counsel