7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code to establish procedures for submitting a
10 nonbinding opinion question to the voters of Utah.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ establishes procedures for submitting a nonbinding opinion question to the voters of
16 ▸ describes the duties of the lieutenant governor and county clerks in submitting the
17 opinion question to the voters;
18 ▸ establishes procedures for the ballot form, voter information pamphlet, public
19 notice, manner of voting, and canvass of returns in relation to the nonbinding
20 opinion question; and
21 ▸ provides a repealer.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 20A-6-107, as enacted by Laws of Utah 2008, Chapter 315
29 63I-2-220, as last amended by Laws of Utah 2016, Chapters 28 and 348
30 63I-2-236, as last amended by Laws of Utah 2015, Chapters 118 and 219
32 36-16b-101, Utah Code Annotated 1953
33 36-16b-102, Utah Code Annotated 1953
34 36-16b-103, Utah Code Annotated 1953
35 36-16b-201, Utah Code Annotated 1953
36 36-16b-202, Utah Code Annotated 1953
37 36-16b-203, Utah Code Annotated 1953
38 36-16b-204, Utah Code Annotated 1953
39 36-16b-301, Utah Code Annotated 1953
40 36-16b-302, Utah Code Annotated 1953
41 36-16b-303, Utah Code Annotated 1953
42 36-16b-304, Utah Code Annotated 1953
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-6-107 is amended to read:
46 20A-6-107. Numbering of ballot propositions and bond propositions -- Duties of
47 election officer and lieutenant governor.
48 (1) (a) Except as provided in Subsections (1)(b) and (1)(c), each ballot proposition
49 shall be listed on the ballot under the heading "Proposition #___", with the number of the ballot
50 proposition placed in the blank.
51 (b) Each proposed amendment to the Utah Constitution shall be listed on the ballot
52 under the heading "Constitutional Amendment ___", with a letter placed in the blank.
53 (c) Each bond proposition that has qualified for the ballot shall be listed on the ballot
54 under the title assigned to each bond proposition under Section 11-14-206.
55 (2) Each nonbinding opinion question submitted to a vote of the people under Title 36,
56 Chapter 16b, Nonbinding Statewide Public Opinion Questions, shall be listed on the ballot
57 under the heading "Nonbinding Opinion Question #___," with the number of the nonbinding
58 opinion question placed in the blank.
60 number ballot propositions receives a ballot proposition that is eligible for inclusion on the
61 ballot, they shall ask the lieutenant governor to assign a number to the ballot proposition.
62 (b) (i) Upon request from an election officer or other person given authority to prepare
63 or number ballot propositions, the lieutenant governor shall assign each ballot proposition a
64 unique number, except as provided under Subsection [
65 (ii) Ballot proposition numbers shall be assigned sequentially, in the order requests for
66 ballot proposition numbers are received.
67 (iii) The same ballot proposition number may be assigned to multiple ballot
68 propositions if:
69 (A) the sponsors of each ballot proposition agree, in writing, to share the number; and
70 (B) the ballot propositions sharing the same number are identical in their terms,
71 purpose, and effect, with jurisdiction being the only significant difference between the ballot
73 (4) When the lieutenant governor receives a joint resolution for a nonbinding opinion
74 question under Section 36-16b-202, the lieutenant governor shall:
75 (a) assign a number to the nonbinding opinion question that is unique to the
76 nonbinding opinion question; and
77 (b) assign numbers to each nonbinding opinion question sequentially, in the order in
78 which the lieutenant governor receives the joint resolutions.
79 Section 2. Section 36-16b-101 is enacted to read:
82 36-16b-101. Title.
83 (1) This chapter is known as "Nonbinding Statewide Public Opinion Questions."
84 (2) This part is known as "General Provisions."
85 Section 3. Section 36-16b-102 is enacted to read:
86 36-16b-102. Definitions.
87 As used in this chapter:
88 (1) "Opinion question" means a nonbinding question that is submitted to all legal
89 voters of the state in accordance with this chapter.
90 (2) "Originating house" means:
91 (a) the Utah House of Representatives if the resolution is a House joint resolution; or
92 (b) the Utah State Senate if the resolution is a Senate joint resolution.
93 (3) "Regular general election" means the same as that term is defined in Section
95 Section 4. Section 36-16b-103 is enacted to read:
96 36-16b-103. Exemption.
97 Title 20A, Chapter 7, Issues Submitted to the Voters, does not apply to an opinion
99 Section 5. Section 36-16b-201 is enacted to read:
101 36-16b-201. Title.
102 This part is known as "Submission of Nonbinding Opinion Questions to Voters."
103 Section 6. Section 36-16b-202 is enacted to read:
104 36-16b-202. Resolution to submit nonbinding opinion questions to voters.
105 (1) The Legislature may submit an opinion question to the legal voters of the state by
106 passing a joint resolution in accordance with the requirements of this section.
107 (2) The joint resolution described in Subsection (1) shall include:
108 (a) the language of the opinion question as it will appear on the ballot;
109 (b) a statement directing that the lieutenant governor submit the language of the
110 opinion question to the legal voters of the state for their approval or rejection; and
111 (c) language designating the date of the regular general election in which the opinion
112 question shall be submitted to the voters.
113 (3) After passage by both houses of the Legislature, the originating house shall submit
114 the joint resolution to the lieutenant governor with instructions that the opinion question
115 specified in the joint resolution be submitted to the legal voters on the regular general election
116 date specified in the resolution.
117 Section 7. Section 36-16b-203 is enacted to read:
118 36-16b-203. Lieutenant governor's duties.
119 (1) After receipt of a joint resolution described in Section 36-16b-202, the lieutenant
120 governor shall:
121 (a) submit the opinion question to the legal voters of Utah as required by the
123 (b) comply with Section 36-16b-302; and
124 (c) except as provided in Section 36-16b-103, comply with all relevant provisions of
125 Title 20A, Election Code, relating to the conduct of elections.
126 (2) The lieutenant governor may establish additional requirements for county clerks to
127 facilitate the conduct of the election.
128 Section 8. Section 36-16b-204 is enacted to read:
129 36-16b-204. Duties of county clerks.
130 Each county clerk shall, with respect to an opinion question described in this chapter,
131 comply with:
132 (1) the requirements of Title 20A, Election Code, relating to regular general elections;
133 (2) the requirements of Section 36-16b-302; and
134 (3) any other requirement imposed by the lieutenant governor.
135 Section 9. Section 36-16b-301 is enacted to read:
137 36-16b-301. Title.
138 This part is known as "Voting and Canvassing."
139 Section 10. Section 36-16b-302 is enacted to read:
140 36-16b-302. Procedures -- Ballot title -- Publication of nonbinding opinion
142 (1) The lieutenant governor, the Office of Legislative Research and General Counsel,
143 and each county clerk shall comply with the procedures described in this section whenever the
144 Legislature authorizes an opinion question under Section 36-16b-202.
145 (2) If the Legislature passes a resolution described in Section 36-16b-202, the Office of
146 Legislative Research and General Counsel shall, on or before July 20:
147 (a) draft a ballot title that summarizes the subject matter of the opinion question; and
148 (b) deliver the ballot title to the lieutenant governor.
149 (3) On or before August 31, the lieutenant governor shall certify the number and ballot
150 title of the opinion question to each county clerk in accordance with Section 20A-6-107.
151 (4) No more than 60 days nor less than 14 days before the date of the regular general
152 election, the lieutenant governor shall cause the full text of the opinion question to be
153 published in at least one newspaper in every county of the state where a newspaper is
155 (5) Each county clerk shall cause both the number and title of the opinion question to
157 (a) printed on the ballot to be used on election day;
158 (b) printed on the sample ballot; and
159 (c) otherwise published as required by law.
160 Section 11. Section 36-16b-303 is enacted to read:
161 36-16b-303. Ballot form -- Manner of voting.
162 The lieutenant governor shall ensure that a ballot containing an opinion question
164 (1) a number and ballot title;
165 (2) the text of the opinion question; and
166 (3) (a) the words "FOR" and "AGAINST," each word presented with an adjacent
167 square in which the voter may indicate the voter's vote; or
168 (b) all possible responses to the opinion question, each response presented with an
169 adjacent square in which the voter may indicate the voter's vote.
170 Section 12. Section 36-16b-304 is enacted to read:
171 36-16b-304. Canvass of returns.
172 (1) The county legislative body shall conduct a public canvass of the returns from the
173 opinion question election no later than 14 days after the day on which the regular general
174 election is held.
175 (2) Each county clerk shall:
176 (a) make a certified abstract of the record of the canvassers detailing the votes cast on
177 the opinion question; and
178 (b) seal the transcript, endorse on the transcript, "Election Returns," and transmit the
179 transcript to the lieutenant governor's office so that the lieutenant governor receives the
180 transcript on or before the fifth day before the day designated for the meeting of the state board
181 of canvassers.
182 (3) The state board of canvassers established under Section 20A-4-306 shall meet to
183 compute and determine the vote on the opinion question.
184 (4) The lieutenant governor may, in accordance with the requirements of Title 20A,
185 Election Code, establish additional requirements for county clerks to facilitate the conduct of
186 an election on an opinion question described in this chapter.
187 Section 13. Section 63I-2-220 is amended to read:
188 63I-2-220. Repeal dates, Title 20A.
200 On January 1, 2019, Subsections 20A-6-107(2) and (4) are repealed and the remaining
201 subsections, and references to those subsections, are renumbered accordingly.
202 Section 14. Section 63I-2-236 is amended to read:
203 63I-2-236. Repeal dates -- Title 36.
204 (1) Title 36, Chapter 16b, Nonbinding Statewide Public Opinion Questions, is repealed
205 on January 1, 2019.
Legislative Review Note
Office of Legislative Research and General Counsel