2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to initiatives.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ when an initiative or a petition for an initiative proposes a tax increase, establishes
14 requirements for providing certain information relating to the percentage of the
15 proposed tax increase, including in the initiative petition, the notice of public
16 hearing, the fiscal impact statement, the voter information pamphlet, and the ballot
17 title;
18 ▸ changes the format of an initiative petition; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-7-101, as last amended by Laws of Utah 2016, Chapters 53, 176, and 365
27 20A-7-202, as last amended by Laws of Utah 2011, Chapters 17, 297, and 315
28 20A-7-202.5, as last amended by Laws of Utah 2013, Chapter 310
29 20A-7-203, as last amended by Laws of Utah 2014, Chapter 329
30 20A-7-204, as last amended by Laws of Utah 2011, Chapter 315
31 20A-7-204.1, as last amended by Laws of Utah 2013, Chapter 310
32 20A-7-209, as last amended by Laws of Utah 2012, Chapter 334
33 20A-7-402, as last amended by Laws of Utah 2016, Chapter 53
34 20A-7-502, as last amended by Laws of Utah 2011, Chapter 315
35 20A-7-502.5, as last amended by Laws of Utah 2014, Chapter 364
36 20A-7-503, as last amended by Laws of Utah 2014, Chapter 329
37 20A-7-508, as last amended by Laws of Utah 2008, Chapter 315
38 20A-7-513, as last amended by Laws of Utah 2014, Chapter 364
39 20A-7-702, as last amended by Laws of Utah 2016, Chapter 348
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 20A-7-101 is amended to read:
43 20A-7-101. Definitions.
44 As used in this chapter:
45 (1) "Budget officer" means:
46 (a) for a county, the person designated as budget officer in Section 17-19a-203;
47 (b) for a city, the person designated as budget officer in Subsection 10-6-106(5);
48 (c) for a town, the town council; or
49 (d) for a metro township, the person described in Subsection (1)(a) for the county in
50 which the metro township is located.
51 (2) "Certified" means that the county clerk has acknowledged a signature as being the
52 signature of a registered voter.
53 (3) "Circulation" means the process of submitting an initiative or referendum petition
54 to legal voters for their signature.
55 (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
56 city, or town that is holding an election on a ballot proposition.
57 (5) "Final fiscal impact statement" means a financial statement prepared after voters
58 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
59 20A-7-502.5(2).
60 (6) "Initial fiscal impact estimate" means:
61 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
62 application for an initiative petition; or
63 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
64 for an initiative or referendum petition.
65 (7) "Initiative" means a new law proposed for adoption by the public as provided in
66 this chapter.
67 (8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
68 law, and the signature sheets, all of which have been bound together as a unit.
69 (9) "Legal signatures" means the number of signatures of legal voters that:
70 (a) meet the numerical requirements of this chapter; and
71 (b) have been certified and verified as provided in this chapter.
72 (10) "Legal voter" means a person who:
73 (a) is registered to vote; or
74 (b) becomes registered to vote before the county clerk certifies the signatures on an
75 initiative or referendum petition.
76 (11) "Local attorney" means the county attorney, city attorney, or town attorney in
77 whose jurisdiction a local initiative or referendum petition is circulated.
78 (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
79 jurisdiction a local initiative or referendum petition is circulated.
80 (13) (a) "Local law" includes:
81 (i) an ordinance;
82 (ii) a resolution;
83 (iii) a master plan;
84 (iv) a comprehensive zoning regulation adopted by ordinance or resolution; or
85 (v) other legislative action of a local legislative body.
86 (b) "Local law" does not include an individual property zoning decision.
87 (14) "Local legislative body" means the legislative body of a county, city, town, or
88 metro township.
89 (15) "Local obligation law" means a local law passed by the local legislative body
90 regarding a bond that was approved by a majority of qualified voters in an election.
91 (16) "Local tax law" means a law, passed by a political subdivision with an annual or
92 biannual calendar fiscal year, that increases a tax or imposes a new tax.
93 (17) "Measure" means a proposed constitutional amendment, an initiative, or
94 referendum.
95 (18) "Referendum" means a process by which a law passed by the Legislature or by a
96 local legislative body is submitted or referred to the voters for their approval or rejection.
97 (19) "Referendum packet" means a copy of the referendum petition, a copy of the law
98 being submitted or referred to the voters for their approval or rejection, and the signature
99 sheets, all of which have been bound together as a unit.
100 (20) (a) "Signature" means a holographic signature.
101 (b) "Signature" does not mean an electronic signature.
102 (21) "Signature sheets" means sheets in the form required by this chapter that are used
103 to collect signatures in support of an initiative or referendum.
104 (22) "Sponsors" means the legal voters who support the initiative or referendum and
105 who sign the application for petition copies.
106 (23) "Sufficient" means that the signatures submitted in support of an initiative or
107 referendum petition have been certified and verified as required by this chapter.
108 (24) "Tax percentage difference" means the difference between the tax rate proposed
109 by an initiative or an initiative petition and the current tax rate.
110 (25) "Tax percentage increase" means a number calculated by dividing the tax
111 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
112 [
113 required in Sections 20A-7-205 and 20A-7-305.
114 Section 2. Section 20A-7-202 is amended to read:
115 20A-7-202. Statewide initiative process -- Application procedures -- Time to
116 gather signatures -- Grounds for rejection.
117 (1) Persons wishing to circulate an initiative petition shall file an application with the
118 lieutenant governor.
119 (2) The application shall contain:
120 (a) the name and residence address of at least five sponsors of the initiative petition;
121 (b) a statement indicating that each of the sponsors:
122 (i) is a resident of Utah; and
123 (ii) has voted in a regular general election in Utah within the last three years;
124 (c) the signature of each of the sponsors, attested to by a notary public;
125 (d) a copy of the proposed law that includes:
126 (i) the title of the proposed law, which clearly expresses the subject of the law; and
127 (ii) the text of the proposed law; [
128 (e) if the initiative petition proposes a tax increase, the following statement, "This
129 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
130 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
131 increase in the current tax rate."; and
132 [
133 petition may be paid for doing so.
134 (3) The application and its contents are public when filed with the lieutenant governor.
135 (4) If the petition fails to qualify for the ballot of the election described in Subsection
136 20A-7-201(2)(b), the sponsors shall:
137 (a) submit a new application;
138 (b) obtain new signature sheets; and
139 (c) collect signatures again.
140 (5) The lieutenant governor shall reject the application or application addendum filed
141 under Subsection 20A-7-204.1[
142 (a) the law proposed by the initiative is patently unconstitutional;
143 (b) the law proposed by the initiative is nonsensical;
144 (c) the proposed law could not become law if passed;
145 (d) the proposed law contains more than one subject as evaluated in accordance with
146 Subsection (6);
147 (e) the subject of the proposed law is not clearly expressed in the law's title; or
148 (f) the law proposed by the initiative is identical or substantially similar to a law
149 proposed by an initiative that was submitted to the county clerks and lieutenant governor for
150 certification and evaluation within two years preceding the date on which the application for
151 this initiative was filed.
152 (6) To evaluate whether the proposed law contains more than one subject under
153 Subsection (5)(d), the lieutenant governor shall apply the same standard provided in Utah
154 Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
155 than one subject.
156 Section 3. Section 20A-7-202.5 is amended to read:
157 20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
158 to estimate.
159 (1) Within three working days of receipt of an application for an initiative petition, the
160 lieutenant governor shall submit a copy of the application to the Governor's Office of
161 Management and Budget.
162 (2) (a) The Governor's Office of Management and Budget shall prepare an unbiased,
163 good faith estimate of the fiscal impact of the law proposed by the initiative that contains:
164 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
165 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
166 the total estimated increase or decrease for each type of tax affected under the proposed law
167 and a dollar amount representing the total estimated increase or decrease in taxes under the
168 proposed law;
169 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
170 percentage increase;
171 [
172 bonds, notes, or other debt instruments, a dollar amount representing the total estimated
173 increase or decrease in public debt under the proposed law;
174 [
175 proposed law showing each source of funding and the percentage of total funding provided
176 from each source;
177 [
178 and local government entities under the proposed law; and
179 [
180 and of the estimated fiscal impact, if any, under the proposed law.
181 (b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
182 of Management and Budget shall include a summary statement in the initial fiscal impact
183 statement in substantially the following form:
184 "The Governor's Office of Management and Budget estimates that the law proposed by
185 this initiative would have no significant fiscal impact and would not result in either an increase
186 or decrease in taxes or debt."
187 (ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
188 Management and Budget shall include a summary statement in the initial fiscal impact estimate
189 in substantially the following form:
190 "The Governor's Office of Management and Budget estimates that the law proposed by
191 this initiative would result in a total fiscal expense/savings of $______, which includes a (type
192 of tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state
193 debt."
194 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
195 difficult to reasonably express in a summary statement, the Governor's Office of Management
196 and Budget may include in the summary statement a brief explanation that identifies those
197 factors affecting the variability or difficulty of the estimate.
198 (iv) If the proposed law imposes a tax increase, the Governor's Office of Management
199 and Budget shall include a summary statement in the initial fiscal impact estimate in
200 substantially the following form:
201 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
202 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
203 percent increase in the current tax rate."
204 (3) The Governor's Office of Management and Budget shall prepare an unbiased, good
205 faith estimate of the cost of printing and distributing information related to the initiative
206 petition in:
207 (a) the voter information pamphlet as required by Title 20A, Chapter 7, Part 7, Voter
208 Information Pamphlet; or
209 (b) the newspaper, as required by Section 20A-7-702.
210 (4) Within 25 calendar days from the date that the lieutenant governor delivers a copy
211 of the application, the Governor's Office of Management and Budget shall:
212 (a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
213 office; and
214 (b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
215 the initiative application.
216 (5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days of
217 the date of delivery of the initial fiscal impact estimate to the lieutenant governor's office, file a
218 petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
219 whole, is an inaccurate estimate of the fiscal impact of the initiative.
220 (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
221 to send notice of the petition to:
222 (A) any person or group that has filed an argument with the lieutenant governor's office
223 for or against the measure that is the subject of the challenge; and
224 (B) any political issues committee established under Section 20A-11-801 that has filed
225 written or electronic notice with the lieutenant governor that identifies the name, mailing or
226 email address, and telephone number of the person designated to receive notice about any
227 issues relating to the initiative.
228 (b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
229 Governor's Office of Management and Budget is based upon reasonable assumptions, uses
230 reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
231 of the initiative.
232 (ii) The Supreme Court may not revise the contents of, or direct the revision of, the
233 initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
234 evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
235 statement of the estimated fiscal impact of the initiative.
236 (iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
237 to a master to examine the issue and make a report in accordance with Utah Rules of Civil
238 Procedure, Rule 53.
239 (c) The Supreme Court shall certify to the lieutenant governor a fiscal impact estimate
240 for the measure that meets the requirements of this section.
241 Section 4. Section 20A-7-203 is amended to read:
242 20A-7-203. Form of initiative petition and signature sheets.
243 (1) (a) Each proposed initiative petition shall be printed in substantially the following
244 form:
245 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
246 We, the undersigned citizens of Utah, respectfully demand that the following proposed
247 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
248 regular general election/session to be held/ beginning on _________(month\day\year);
249 Each signer says:
250 I have personally signed this petition;
251 I am registered to vote in Utah or intend to become registered to vote in Utah before the
252 certification of the petition names by the county clerk; and
253 My residence and post office address are written correctly after my name.
254 NOTICE TO SIGNERS:
255 Public hearings to discuss this petition were held at: (list dates and locations of public
256 hearings.)"
257 (b) If the initiative petition proposes a tax increase, the following statement shall
258 appear, in at least 14-point, bold type, immediately following the information described in
259 Subsection (1)(a):
260 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
261 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
262 percent increase in the current tax rate."
263 [
264 initiative petition.
265 (2) Each signature sheet shall:
266 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
267 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
268 that line blank for the purpose of binding;
269 (c) contain the title of the initiative printed below the horizontal line, in at least
270 14-point, bold type;
271 [
272
273
274
275
276
277 [
278
279 [
280
281 [
282
283
284
285
286 [
287 (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
288 wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
289 the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
290 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
291 Name (must be legible to be counted)";
292 (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
293 Voter";
294 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
295 and
296 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
297 Code";
298 [
299 may submit the information described in Subsection (2)[
300 statement printed or typed in not less than eight-point[
301 "By signing this petition, you are stating that you have read and understand the law
302 proposed by this petition."; and
303 [
304 (i) the title of the initiative, in at least 14-point, bold type;
305 (ii) the initial fiscal impact estimate's summary statement issued by the Governor's
306 Office of Management and Budget in accordance with Subsection 20A-7-202.5(2)(b),
307 including any update in accordance with Subsection 20A-7-204.1(4), and the cost estimate for
308 printing and distributing information related to the initiative petition in accordance with
309 Subsection 20A-7-202.5(3), in not less than 12-point, bold type;
310 (iii) the word "Warning," followed by the following statement in not less than
311 eight-point type:
312 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
313 other than the individual's own name, or to knowingly sign the individual's name more than
314 once for the same measure, or to sign an initiative petition when the individual knows that the
315 individual is not a registered voter and knows that the individual does not intend to become
316 registered to vote before the certification of the petition names by the county clerk.";
317 (iv) the following statement: "Birth date or age information is not required, but it may
318 be used to verify your identity with voter registration records. If you choose not to provide it,
319 your signature may not be verified as a valid signature if you change your address before
320 petition signatures are verified or if the information you provide does not match your voter
321 registration records."; and
322 (v) if the initiative petition proposes a tax increase, spanning the bottom of the sheet,
323 horizontally, in not less than 14-point, bold type, the following statement:
324 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
325 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
326 percent increase in the current tax rate."
327 (3) The final page of each initiative packet shall contain the following printed or typed
328 statement:
329 "Verification
330 State of Utah, County of ____
331 I, _______________, of ____, hereby state that:
332 I am a resident of Utah and am at least 18 years old;
333 All the names that appear in this packet were signed by [
334 professed to be the [
335 individuals signed [
336 I believe that each individual has printed and signed [
337 written [
338 registered to vote in Utah or intends to become registered to vote before the certification of the
339 petition names by the county clerk.
340 I have not paid or given anything of value to any person who signed this petition to
341 encourage that person to sign it.
342 ________________________________________________________________________
343 (Name) (Residence Address) (Date)"
344 (4) The forms prescribed in this section are not mandatory, and, if substantially
345 followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
346 errors.
347 Section 5. Section 20A-7-204 is amended to read:
348 20A-7-204. Circulation requirements -- Lieutenant governor to provide sponsors
349 with materials.
350 (1) In order to obtain the necessary number of signatures required by this part, the
351 sponsors shall circulate initiative packets that meet the form requirements of this part.
352 (2) The lieutenant governor shall furnish to the sponsors:
353 (a) a copy of the initiative petition, with any change submitted under Subsection
354 20A-7-204.1[
355 (b) one signature sheet.
356 (3) The sponsors of the petition shall:
357 (a) arrange and pay for the printing of all additional copies of the petition and signature
358 sheets; and
359 (b) ensure that the copies of the petition and signature sheets meet the form
360 requirements of this section.
361 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
362 initiative packets.
363 (b) The sponsors shall create those packets by binding a copy of the initiative petition,
364 a copy of the proposed law, and no more than 50 signature sheets together at the top in such a
365 way that the packets may be conveniently opened for signing.
366 (c) The sponsors need not attach a uniform number of signature sheets to each
367 initiative packet.
368 (5) (a) After the sponsors have prepared sufficient initiative packets, they shall return
369 them to the lieutenant governor.
370 (b) The lieutenant governor shall:
371 (i) number each of the initiative packets and return them to the sponsors within five
372 working days; and
373 (ii) keep a record of the numbers assigned to each packet.
374 Section 6. Section 20A-7-204.1 is amended to read:
375 20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
376 Changes to an initiative and initial fiscal impact estimate.
377 (1) (a) After issuance of the initial fiscal impact estimate by the Governor's Office of
378 Management and Budget and before circulating initiative petitions for signature statewide,
379 sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
380 follows:
381 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
382 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
383 County;
384 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
385 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
386 County;
387 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
388 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
389 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
390 County.
391 (b) Of the seven meetings, at least two of the meetings shall be held in a first or second
392 class county, but not in the same county.
393 (2) At least three calendar days before the date of the public hearing, the sponsors
394 shall:
395 (a) provide written notice of the public hearing to:
396 (i) the lieutenant governor for posting on the state's website; and
397 (ii) each state senator, state representative, and county commission or county council
398 member who is elected in whole or in part from the region where the public hearing will be
399 held; and
400 (b) publish written notice of the public hearing detailing its time, date, and location:
401 (i) in at least one newspaper of general circulation in each county in the region where
402 the public hearing will be held; and
403 (ii) on the Utah Public Notice Website created in Section 63F-1-701.
404 (3) If the initiative petition proposes a tax increase, the written notice described in
405 Subsection (2) shall include the following statement, in bold, in the same font and point size as
406 the largest font and point size appearing in the notice:
407 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
408 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
409 percent increase in the current tax rate."
410 [
411 (i) video tape or audio tape the public hearing and, when the hearing is complete,
412 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
413 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
414 each speaker and summarizing each speaker's comments.
415 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
416 public.
417 [
418 Subsection (1)(a) and before circulating an initiative petition for signatures, the sponsors of the
419 initiative petition may change the text of the proposed law if:
420 (i) a change to the text is:
421 (A) germane to the text of the proposed law filed with the lieutenant governor under
422 Section 20A-7-202; and
423 (B) consistent with the requirements of Subsection 20A-7-202(5); and
424 (ii) each sponsor signs, attested to by a notary public, an application addendum to
425 change the text of the proposed law.
426 (b) (i) Within three working days of receipt of an application addendum to change the
427 text of the proposed law in an initiative petition, the lieutenant governor shall submit a copy of
428 the application addendum to the Governor's Office of Management and Budget.
429 (ii) The Governor's Office of Management and Budget shall update the initial fiscal
430 impact estimate by following the procedures and requirements of Section 20A-7-202.5 to
431 reflect a change to the text of the proposed law.
432 Section 7. Section 20A-7-209 is amended to read:
433 20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
434 Research and General Counsel.
435 (1) By June 5 before the regular general election, the lieutenant governor shall deliver a
436 copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
437 Research and General Counsel.
438 (2) (a) The Office of Legislative Research and General Counsel shall:
439 (i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
440 and give it a number as assigned under Section 20A-6-107;
441 (ii) prepare an impartial ballot title for each initiative summarizing the contents of the
442 measure; and
443 (iii) return each petition and ballot title to the lieutenant governor by June 26.
444 (b) The ballot title may be distinct from the title of the proposed law attached to the
445 initiative petition, and shall be not more than 100 words.
446 (c) If the initiative proposes a tax increase, the Office of Legislative Research and
447 General Counsel shall include the following statement, in bold, in the ballot title:
448 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
449 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
450 increase in the current tax rate."
451 [
452 (i) the number of the initiative as determined by the Office of Legislative Research and
453 General Counsel;
454 (ii) the ballot title as determined by the Office of Legislative Research and General
455 Counsel; and
456 (iii) the initial fiscal impact estimate prepared under Section 20A-7-202.5 or updated
457 under Section 20A-7-204.1.
458 (3) By June 27, the lieutenant governor shall mail a copy of the ballot title to any
459 sponsor of the petition.
460 (4) (a) (i) At least three of the sponsors of the petition may, by July 6, challenge the
461 wording of the ballot title prepared by the Office of Legislative Research and General Counsel
462 to the Supreme Court.
463 (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
464 to send notice of the appeal to:
465 (A) any person or group that has filed an argument for or against the measure that is the
466 subject of the challenge; or
467 (B) any political issues committee established under Section 20A-11-801 that has filed
468 written or electronic notice with the lieutenant governor that identifies the name, mailing or
469 email address, and telephone number of the person designated to receive notice about any
470 issues relating to the initiative.
471 (b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
472 Research and General Counsel is an impartial summary of the contents of the initiative.
473 (ii) The Supreme Court may not revise the wording of the ballot title unless the
474 plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
475 patently false or biased.
476 (c) The Supreme Court shall:
477 (i) examine the ballot title;
478 (ii) hear arguments; and
479 (iii) certify to the lieutenant governor a ballot title for the measure that meets the
480 requirements of this section.
481 (d) The lieutenant governor shall certify the title verified by the Supreme Court to the
482 county clerks to be printed on the official ballot.
483 Section 8. Section 20A-7-402 is amended to read:
484 20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
485 Preparation -- Statement on front cover.
486 (1) The county or municipality that is subject to a ballot proposition shall prepare a
487 local voter information pamphlet that meets the requirements of this part.
488 (2) (a) The arguments for or against a ballot proposition shall conform to the
489 requirements of this section.
490 (b) To prepare an argument for or against a ballot proposition, an eligible voter shall
491 file a request with the election officer at least 65 days before the election at which the ballot
492 proposition is to be voted on.
493 (c) If more than one eligible voter requests the opportunity to prepare an argument for
494 or against a ballot proposition, the election officer shall make the final designation according to
495 the following criteria:
496 (i) sponsors have priority in preparing an argument regarding a ballot proposition; and
497 (ii) members of the local legislative body have priority over others.
498 (d) (i) Except as provided in Subsection (2)(e), a sponsor of a ballot proposition may
499 prepare an argument in favor of the ballot proposition.
500 (ii) Except as provided in Subsection (2)(e), and subject to Subsection (2)(c), an
501 eligible voter opposed to the ballot proposition who submits a request under Subsection (2)(b)
502 may prepare an argument against the ballot proposition.
503 (e) (i) For a referendum, subject to Subsection (2)(c), an eligible voter who is in favor
504 of a law that is referred to the voters and who submits a request under Subsection (2)(b) may
505 prepare an argument for adoption of the law.
506 (ii) The sponsors of a referendum may prepare an argument against the adoption of a
507 law that is referred to the voters.
508 (f) An eligible voter who submits an argument under this section shall:
509 (i) ensure that the argument does not exceed 500 words in length;
510 (ii) ensure that the argument does not list more than five names as sponsors;
511 (iii) submit the argument to the election officer no later than 60 days before the
512 election day on which the ballot proposition will be submitted to the voters; and
513 (iv) include with the argument the eligible voter's name, residential address, postal
514 address, email address if available, and phone number.
515 (g) An election officer shall refuse to accept and publish an argument that is submitted
516 after the deadline described in Subsection (2)(f)(iii).
517 (3) (a) An election officer who timely receives the arguments in favor of and against a
518 ballot proposition shall, within one business day after the day on which the election office
519 receives both arguments, send, via mail or email:
520 (i) a copy of the argument in favor of the ballot proposition to the eligible voter who
521 submitted the argument against the ballot proposition; and
522 (ii) a copy of the argument against the ballot proposition to the eligible voter who
523 submitted the argument in favor of the ballot proposition.
524 (b) The eligible voter who submitted a timely argument in favor of the ballot
525 proposition:
526 (i) may submit to the election officer a rebuttal argument of the argument against the
527 ballot proposition;
528 (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
529 (iii) shall submit the rebuttal argument no later than 45 days before the election day on
530 which the ballot proposition will be submitted to the voters.
531 (c) The eligible voter who submitted a timely argument against the ballot proposition:
532 (i) may submit to the election officer a rebuttal argument of the argument in favor of
533 the ballot proposition;
534 (ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
535 (iii) shall submit the rebuttal argument no later than 45 days before the election day on
536 which the ballot proposition will be submitted to the voters.
537 (d) An election officer shall refuse to accept and publish a rebuttal argument that is
538 submitted after the deadline described in Subsection (3)(b)(iii) or (3)(c)(iii).
539 (4) (a) Except as provided in Subsection (4)(b):
540 (i) an eligible voter may not modify an argument or rebuttal argument after the eligible
541 voter submits the argument or rebuttal argument to the election officer; and
542 (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
543 modify an argument or rebuttal argument.
544 (b) The election officer, and the eligible voter who submits an argument or rebuttal
545 argument, may jointly agree to modify an argument or rebuttal argument in order to:
546 (i) correct factual, grammatical, or spelling errors; and
547 (ii) reduce the number of words to come into compliance with the requirements of this
548 section.
549 (c) An election officer shall refuse to accept and publish an argument or rebuttal
550 argument if the eligible voter who submits the argument or rebuttal argument fails to negotiate,
551 in good faith, to modify the argument or rebuttal argument in accordance with Subsection
552 (4)(b).
553 (5) An election officer may designate another eligible voter to take the place of an
554 eligible voter described in this section if the original eligible voter is, due to injury, illness,
555 death, or another circumstance, unable to continue to fulfill the duties of an eligible voter
556 described in this section.
557 (6) (a) The local voter information pamphlet shall include a copy of the initial fiscal
558 impact estimate prepared for each initiative under Section 20A-7-502.5.
559 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
560 include the following statement in bold type:
561 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
562 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
563 increase in the current tax rate."
564 (7) (a) In preparing the local voter information pamphlet, the election officer shall:
565 (i) ensure that the arguments are printed on the same sheet of paper upon which the
566 ballot proposition is also printed;
567 (ii) ensure that the following statement is printed on the front cover or the heading of
568 the first page of the printed arguments:
569 "The arguments for or against a ballot proposition are the opinions of the authors.";
570 (iii) pay for the printing and binding of the local voter information pamphlet; and
571 (iv) distribute either the pamphlets or the notice described in Subsection (7)(c) either by
572 mail or carrier not less than 15 days before, but not more than 45 days before, the election at
573 which the ballot propositions are to be voted upon.
574 (b) (i) If the proposed measure exceeds 500 words in length, the election officer may
575 summarize the measure in 500 words or less.
576 (ii) The summary shall state where a complete copy of the ballot proposition is
577 available for public review.
578 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
579 preaddressed return form that a person may use to request delivery of a voter information
580 pamphlet by mail.
581 (ii) The notice described in Subsection (7)(c)(i) shall include:
582 (A) the address of the Statewide Electronic Voter Information Website authorized by
583 Section 20A-7-801; and
584 (B) the phone number a voter may call to request delivery of a voter information
585 pamphlet by mail or carrier.
586 Section 9. Section 20A-7-502 is amended to read:
587 20A-7-502. Local initiative process -- Application procedures.
588 (1) Persons wishing to circulate an initiative petition shall file an application with the
589 local clerk.
590 (2) The application shall contain:
591 (a) the name and residence address of at least five sponsors of the initiative petition;
592 (b) a statement indicating that each of the sponsors:
593 (i) is a registered voter; and
594 (ii) (A) if the initiative seeks to enact a county ordinance, has voted in a regular general
595 election in Utah within the last three years; or
596 (B) if the initiative seeks to enact a municipal ordinance, has voted in a regular
597 municipal election in Utah:
598 (I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
599 (II) within the last five years, if the sponsor's failure to vote within the last three years
600 is due to the sponsor's residing in a municipal district that participates in a municipal election
601 every four years;
602 (c) the signature of each of the sponsors, attested to by a notary public; [
603 (d) a copy of the proposed law that includes:
604 (i) the title of the proposed law, which clearly expresses the subject of the law; and
605 (ii) the text of the proposed law[
606 (e) if the initiative petition proposes a tax increase, the following statement, "This
607 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
608 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
609 increase in the current tax rate."
610 (3) A proposed law submitted under this section may not contain more than one subject
611 to the same extent a bill may not pass containing more than one subject as provided in Utah
612 Constitution, Article VI, Section 22.
613 Section 10. Section 20A-7-502.5 is amended to read:
614 20A-7-502.5. Initial fiscal and legal impact estimate -- Preparation of estimate --
615 Challenge to estimate.
616 (1) Within three working days of receipt of an application for an initiative petition, the
617 local clerk shall submit a copy of the application to the county, city, or town's budget officer.
618 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
619 faith estimate of the fiscal and legal impact of the law proposed by the initiative that contains:
620 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
621 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
622 the total estimated increase or decrease for each type of tax affected under the proposed law
623 and a dollar amount representing the total estimated increase or decrease in taxes under the
624 proposed law;
625 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
626 percentage increase;
627 [
628 bonds, notes, or other debt instruments, a dollar amount representing the total estimated
629 increase or decrease in public debt under the proposed law;
630 [
631 proposed law showing each source of funding and the percentage of total funding provided
632 from each source;
633 [
634 and local government entities under the proposed law;
635 [
636 (A) any significant effects on a person's vested property rights;
637 (B) any significant effects on other laws or ordinances;
638 (C) any significant legal liability the city, county, or town may incur; and
639 (D) any other significant legal impact as determined by the budget officer and the legal
640 counsel; and
641 [
642 and of the estimated fiscal impact, if any, under the proposed law.
643 (b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
644 shall include a summary statement in the initial fiscal impact statement in substantially the
645 following form:
646 "The (title of the local budget officer) estimates that the law proposed by this initiative
647 would have no significant fiscal impact and would not result in either an increase or decrease in
648 taxes or debt."
649 (ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
650 shall include a summary statement in the initial fiscal impact estimate in substantially the
651 following form:
652 "The (title of the local budget officer) estimates that the law proposed by this initiative
653 would result in a total fiscal expense/savings of $______, which includes a (type of tax or
654 taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
655 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
656 difficult to reasonably express in a summary statement, the local budget officer may include in
657 the summary statement a brief explanation that identifies those factors affecting the variability
658 or difficulty of the estimate.
659 (iv) If the proposed law would increase taxes, the local budget officer shall include a
660 summary statement in the initial fiscal impact statement in substantially the following form:
661 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
662 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
663 percent increase in the current tax rate."
664 (3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
665 printing and distributing information related to the initiative petition in the voter information
666 pamphlet as required by Section 20A-7-402.
667 (4) Within 25 calendar days from the date that the local clerk delivers a copy of the
668 application, the budget officer shall:
669 (a) deliver a copy of the initial fiscal impact estimate, including the legal impact
670 estimate, to the local clerk's office; and
671 (b) mail a copy of the initial fiscal impact estimate, including the legal impact estimate,
672 to the first five sponsors named in the application.
673 (5) (a) Three or more of the sponsors of the petition may, within 20 calendar days of
674 the date of delivery of the initial fiscal impact estimate to the local clerk's office, file a petition
675 with the Supreme Court, alleging that the initial fiscal impact estimate, including the legal
676 impact estimate, taken as a whole, is an inaccurate estimate of the fiscal or legal impact of the
677 initiative.
678 (b) (i) There is a presumption that the initial fiscal impact estimate, including the legal
679 impact estimate, prepared by the budget officer and legal counsel is based upon reasonable
680 assumptions, uses reasonable data, and applies accepted analytical methods to present the
681 estimated fiscal and legal impact of the initiative.
682 (ii) The Supreme Court may not revise the contents of, or direct the revision of, the
683 initial fiscal impact estimate, including the legal impact estimate, unless the plaintiffs rebut the
684 presumption by clear and convincing evidence that establishes that the fiscal estimate,
685 including the legal impact estimate, taken as a whole, is an inaccurate statement of the
686 estimated fiscal or legal impact of the initiative.
687 (iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate,
688 including the legal impact estimate, to a master to examine the issue and make a report in
689 accordance with Utah Rules of Civil Procedure, Rule 53.
690 (c) The Supreme Court shall certify to the local clerk an initial fiscal impact estimate,
691 including the legal impact estimate, for the measure that meets the requirements of this section.
692 Section 11. Section 20A-7-503 is amended to read:
693 20A-7-503. Form of initiative petitions and signature sheets.
694 (1) (a) Each proposed initiative petition shall be printed in substantially the following
695 form:
696 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
697 Clerk:
698 We, the undersigned citizens of Utah, respectfully demand that the following proposed
699 law be submitted to: the legislative body for its approval or rejection at its next meeting; and
700 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
701 no action on it.
702 Each signer says:
703 I have personally signed this petition;
704 I am registered to vote in Utah or intend to become registered to vote in Utah before the
705 certification of the petition names by the county clerk; and
706 My residence and post office address are written correctly after my name."
707 (b) If the initiative petition proposes a tax increase, the following statement shall
708 appear, in at least 14-point, bold type, immediately following the information described in
709 Subsection (1)(a):
710 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
711 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
712 percent increase in the current tax rate."
713 [
714 initiative petition.
715 (2) Each signature sheet shall:
716 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
717 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
718 that line blank for the purpose of binding;
719 (c) contain the title of the initiative printed below the horizontal line, in at least
720 14-point, bold type;
721 [
722
723
724
725
726 [
727
728 [
729
730 [
731
732
733
734
735 [
736
737 [
738 (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
739 wide, be headed with "For Office Use Only", and be subdivided with a light vertical line down
740 the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
741 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
742 Name (must be legible to be counted)";
743 (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
744 Voter";
745 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
746 and
747 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
748 Code";
749 [
750 may submit the information described in Subsection (2)[
751 statement printed or typed in not less than eight-point[
752 "By signing this petition, you are stating that you have read and understand the law
753 proposed by this petition."; and
754 [
755 (i) the title of the initiative, in at least 14-point, bold type;
756 (ii) the initial fiscal impact estimate's summary statement issued by the budget officer
757 in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
758 distributing information related to the initiative petition in accordance with Subsection
759 20A-7-502.5(3), in not less than 12-point, bold type;
760 (iii) the word "Warning," followed by the following statement in not less than
761 eight-point type:
762 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
763 other than the individual's own name, or to knowingly sign the individual's name more than
764 once for the same measure, or to sign an initiative petition when the individual knows that the
765 individual is not a registered voter and knows that the individual does not intend to become
766 registered to vote before the certification of the petition names by the county clerk.";
767 (iv) the following statement: "Birth date or age information is not required, but it may
768 be used to verify your identity with voter registration records. If you choose not to provide it,
769 your signature may not be verified as a valid signature if you change your address before
770 petition signatures are verified or if the information you provide does not match your voter
771 registration records."; and
772 (v) if the initiative petition proposes a tax increase, spanning the bottom of the sheet,
773 horizontally, in not less than 14-point, bold type, the following statement:
774 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
775 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
776 percent increase in the current tax rate."
777 (3) The final page of each initiative packet shall contain the following printed or typed
778 statement:
779 "Verification
780 State of Utah, County of ____
781 I, _______________, of ____, hereby state that:
782 I am a resident of Utah and am at least 18 years old;
783 All the names that appear in this initiative packet were signed by [
784 individuals who professed to be the [
785 of [
786 I believe that each individual has printed and signed [
787 written [
788 registered to vote in Utah or intends to become registered to vote before the certification of the
789 petition names by the county clerk.
790 _____________________________"
791 (4) The forms prescribed in this section are not mandatory, and, if substantially
792 followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
793 errors.
794 Section 12. Section 20A-7-508 is amended to read:
795 20A-7-508. Ballot title -- Duties of local clerk and local attorney.
796 (1) Whenever an initiative petition is declared sufficient for submission to a vote of the
797 people, the local clerk shall deliver a copy of the petition and the proposed law to the local
798 attorney.
799 (2) The local attorney shall:
800 (a) entitle each county or municipal initiative that has qualified for the ballot
801 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
802 (b) prepare a proposed ballot title for the initiative;
803 (c) file the proposed ballot title and the numbered initiative titles with the local clerk
804 within 15 days after the date the initiative petition is declared sufficient for submission to a
805 vote of the people; and
806 (d) promptly provide notice of the filing of the proposed ballot title to:
807 (i) the sponsors of the petition; and
808 (ii) the local legislative body for the jurisdiction where the initiative petition was
809 circulated.
810 (3) (a) The ballot title may be distinct from the title of the proposed law attached to the
811 initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
812 (b) In preparing a ballot title, the local attorney shall, to the best of [
813 attorney's ability, give a true and impartial statement of the purpose of the measure.
814 (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
815 for or against the measure.
816 (d) If the initiative proposes a tax increase, the local attorney shall include the
817 following statement, in bold, in the ballot title:
818 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
819 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
820 increase in the current tax rate."
821 (4) (a) Within five calendar days after the date the local attorney files a proposed ballot
822 title under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative
823 petition was circulated and the sponsors of the petition may file written comments in response
824 to the proposed ballot title with the local clerk.
825 (b) Within five calendar days after the last date to submit written comments under
826 Subsection (4)(a), the local attorney shall:
827 (i) review any written comments filed in accordance with Subsection (4)(a);
828 (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
829 (iii) return the petition and file the ballot title with the local clerk.
830 (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
831 be printed on the official ballot.
832 (5) Immediately after the local attorney files a copy of the ballot title with the local
833 clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
834 petition and the local legislative body for the jurisdiction where the initiative petition was
835 circulated.
836 (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
837 comply with the requirements of this section, the decision of the local attorney may be
838 appealed by a petition to the Supreme Court that is brought by:
839 (i) at least three sponsors of the initiative petition; or
840 (ii) a majority of the local legislative body for the jurisdiction where the initiative
841 petition was circulated.
842 (b) The Supreme Court shall examine the measures and consider arguments, and, in its
843 decision, may certify to the local clerk a ballot title for the measure that fulfills the intent of this
844 section.
845 (c) The local clerk shall print the title certified by the Supreme Court on the official
846 ballot.
847 Section 13. Section 20A-7-513 is amended to read:
848 20A-7-513. Fiscal review -- Repeal, amendment, or resubmission.
849 (1) No later than 60 days after the date of an election in which the voters approve an
850 initiative petition, the budget officer shall:
851 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
852 using current financial information and containing the information required by Subsection
853 20A-7-502.5(2), except for the information required by Subsection
854 20A-7-502.5(2)(a)[
855 (b) deliver a copy of the final fiscal impact statement to:
856 (i) the local legislative body of the jurisdiction where the initiative was circulated;
857 (ii) the local clerk; and
858 (iii) the first five sponsors listed on the initiative application.
859 (2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
860 or more, the local legislative body shall review the final fiscal impact statement and may, by a
861 majority vote:
862 (a) repeal the law established by passage of the initiative;
863 (b) amend the law established by the passage of the initiative; or
864 (c) pass a resolution informing the voters that they may file an initiative petition to
865 repeal the law enacted by the passage of the initiative.
866 Section 14. Section 20A-7-702 is amended to read:
867 20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
868 (1) The lieutenant governor shall ensure that all information submitted for publication
869 in the voter information pamphlet is:
870 (a) printed and bound in a single pamphlet;
871 (b) printed in clear readable type, no less than 10 point, except that the text of any
872 measure may be set forth in eight-point type; and
873 (c) printed on a quality and weight of paper that best serves the voters.
874 (2) The voter information pamphlet shall contain the following items in this order:
875 (a) a cover title page;
876 (b) an introduction to the pamphlet by the lieutenant governor;
877 (c) a table of contents;
878 (d) a list of all candidates for constitutional offices;
879 (e) a list of candidates for each legislative district;
880 (f) a 100-word statement of qualifications for each candidate for the office of governor,
881 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
882 candidate to the lieutenant governor's office before 5 p.m. on the date that falls 105 days before
883 the date of the election;
884 (g) information pertaining to all measures to be submitted to the voters, beginning a
885 new page for each measure and containing, in the following order for each measure:
886 (i) a copy of the number and ballot title of the measure;
887 (ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
888 the Legislature or by referendum;
889 (iii) the impartial analysis of the measure prepared by the Office of Legislative
890 Research and General Counsel;
891 (iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
892 measure, the arguments against the measure, and the rebuttal to the arguments against the
893 measure, with the name and title of the authors at the end of each argument or rebuttal;
894 (v) for each constitutional amendment, a complete copy of the text of the constitutional
895 amendment, with all new language underlined, and all deleted language placed within brackets;
896 (vi) for each initiative qualified for the ballot[
897 (A) a copy of the measure as certified by the lieutenant governor and a copy of the
898 fiscal impact estimate prepared according to Section 20A-7-202.5; and
899 (B) if the initiative proposes a tax increase, the following statement in bold type:
900 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
901 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
902 increase in the current tax rate."; and
903 (vii) for each referendum qualified for the ballot, a complete copy of the text of the law
904 being submitted to the voters for their approval or rejection, with all new language underlined
905 and all deleted language placed within brackets, as applicable;
906 (h) a description provided by the Judicial Performance Evaluation Commission of the
907 selection and retention process for judges, including, in the following order:
908 (i) a description of the judicial selection process;
909 (ii) a description of the judicial performance evaluation process;
910 (iii) a description of the judicial retention election process;
911 (iv) a list of the criteria of the judicial performance evaluation and the minimum
912 performance standards;
913 (v) the names of the judges standing for retention election; and
914 (vi) for each judge:
915 (A) a list of the counties in which the judge is subject to retention election;
916 (B) a short biography of professional qualifications and a recent photograph;
917 (C) a narrative concerning the judge's performance;
918 (D) for each standard of performance, a statement identifying whether or not the judge
919 met the standard and, if not, the manner in which the judge failed to meet the standard;
920 (E) a statement identifying whether or not the Judicial Performance Evaluation
921 Commission recommends the judge be retained or declines to make a recommendation and the
922 number of votes for and against the commission's recommendation;
923 (F) any statement provided by a judge who is not recommended for retention by the
924 Judicial Performance Evaluation Commission under Section 78A-12-203;
925 (G) in a bar graph, the average of responses to each survey category, displayed with an
926 identification of the minimum acceptable score as set by Section 78A-12-205 and the average
927 score of all judges of the same court level; and
928 (H) a website address that contains the Judicial Performance Evaluation Commission's
929 report on the judge's performance evaluation;
930 (i) for each judge, a statement provided by the Utah Supreme Court identifying the
931 cumulative number of informal reprimands, when consented to by the judge in accordance with
932 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
933 censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
934 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
935 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
936 that the judge has received;
937 (j) an explanation of ballot marking procedures prepared by the lieutenant governor,
938 indicating the ballot marking procedure used by each county and explaining how to mark the
939 ballot for each procedure;
940 (k) voter registration information, including information on how to obtain an absentee
941 ballot;
942 (l) a list of all county clerks' offices and phone numbers; and
943 (m) on the back cover page, a printed copy of the following statement signed by the
944 lieutenant governor:
945 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
946 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
947 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
948 correct according to law.
949 SEAL
950 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
951 of ____ (month), ____ (year)
952
(signed) ____________________________________
953
Lieutenant Governor"
954 (3) No earlier than 75 days, and no later than 15 days, before the day on which voting
955 commences, the lieutenant governor shall:
956 (a) (i) distribute one copy of the voter information pamphlet to each household within
957 the state;
958 (ii) distribute to each household within the state a notice:
959 (A) printed on a postage prepaid, preaddressed return form that a person may use to
960 request delivery of a voter information pamphlet by mail;
961 (B) that states the address of the Statewide Electronic Voter Information Website
962 authorized by Section 20A-7-801; and
963 (C) that states the phone number a voter may call to request delivery of a voter
964 information pamphlet by mail; or
965 (iii) ensure that one copy of the voter information pamphlet is placed in one issue of
966 every newspaper of general circulation in the state;
967 (b) ensure that a sufficient number of printed voter information pamphlets are available
968 for distribution as required by this section;
969 (c) provide voter information pamphlets to each county clerk for free distribution upon
970 request and for placement at polling places; and
971 (d) ensure that the distribution of the voter information pamphlets is completed 15 days
972 before the election.
973 (4) The lieutenant governor may distribute a voter information pamphlet at a location
974 frequented by a person who cannot easily access the Statewide Electronic Voter Information
975 Website authorized by Section 20A-7-801.