Senator Curtis S. Bramble proposes the following substitute bill:


1     
INITIATIVE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
Senate Sponsor: Curtis S. Bramble

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          [(24)] (26) "Verified" means acknowledged by the person circulating the petition as
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; [and]
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          [(e)] (f) a statement indicating whether [or not] persons gathering signatures for the
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[(4)](5) and not issue circulation sheets if:
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          [(iii)] (iv) if the proposed law would result in the issuance or a change in the status of
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          [(iv)] (v) a listing of all sources of funding for the estimated costs associated with the
175     proposed law showing each source of funding and the percentage of total funding provided
176     from each source;
177          [(v)] (vi) a dollar amount representing the estimated costs or savings, if any, to state
178     and local government entities under the proposed law; and
179          [(vi)] (vii) a concise explanation, not exceeding 100 words, of the above information
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          [(b)] (c) The sponsors of an initiative shall attach a copy of the proposed law to each
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          [(d) contain the initial fiscal impact estimate's summary statement issued by the
272     Governor's Office of Management and Budget according to Subsection 20A-7-202.5(2)(b),
273     including any update according to Subsection 20A-7-204.1(4), and the cost estimate for

274     printing and distributing information related to the initiative petition according to Subsection
275     20A-7-202.5(3), printed or typed in not less than 12-point, bold type, at the top of each
276     signature sheet under the title of the initiative;]
277          [(e) contain the word "Warning" printed or typed at the top of each signature sheet
278     under the initial fiscal impact estimate's summary statement;]
279          [(f) contain, to the right of the word "Warning," the following statement printed or
280     typed in not less than eight-point, single-leaded type:]
281          ["It is a class A misdemeanor for anyone to sign any initiative petition with any other
282     name than his own, or knowingly to sign his name more than once for the same measure, or to
283     sign an initiative petition when he knows he is not a registered voter and knows that he does
284     not intend to become registered to vote before the certification of the petition names by the
285     county clerk."; and]
286          [(g)] (d) be vertically divided into columns as follows:
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          [(h)] (e) spanning the sheet horizontally beneath each row on which a registered voter
299     may submit the information described in Subsection (2)[(g)](d), contain the following
300     statement printed or typed in not less than eight-point[, single-leaded] type:
301          "By signing this petition, you are stating that you have read and understand the law
302     proposed by this petition."; and
303          [(i)] (f) at the bottom of the sheet, contain in the following order:
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 [persons] individuals who
334     professed to be the [persons] individuals whose names appear in it, and each of [them] the
335     individuals signed [his] the individual's name on it in my presence;

336          I believe that each individual has printed and signed [his] the individual's name and
337     written [his] the individual's post office address and residence correctly, and that each signer is
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[(4)](5); and
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          [(3)] (4) (a) During the public hearing, the sponsors shall either:
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          [(4)] (5) (a) Within 14 days after conducting the seventh public hearing required by
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          [(c)] (d) For each state initiative, the official ballot shall show:
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; [and]
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[.]; and
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          [(iii)] (iv) if the proposed law would result in the issuance or a change in the status of
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          [(iv)] (v) a listing of all sources of funding for the estimated costs associated with the
631     proposed law showing each source of funding and the percentage of total funding provided
632     from each source;
633          [(v)] (vi) a dollar amount representing the estimated costs or savings, if any, to state
634     and local government entities under the proposed law;
635          [(vi)] (vii) the proposed law's legal impact, including:
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          [(vii)] (viii) a concise explanation, not exceeding 100 words, of the above information
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          [(b)] (c) The sponsors of an initiative shall attach a copy of the proposed law to each
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          [(d) contain the initial fiscal impact estimate's summary statement issued by the budget
722     officer according to Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
723     distributing information related to the initiative petition according to Subsection
724     20A-7-502.5(3) printed or typed in not less than 12-point, bold type, at the top of each
725     signature sheet under the title of the initiative;]
726          [(e) contain the word "Warning" printed or typed at the top of each signature sheet
727     under the initial fiscal impact estimate's summary statement;]
728          [(f) contain, to the right of the word "Warning," the following statement printed or
729     typed in not less than eight-point, single-leaded type:]
730          ["It is a class A misdemeanor for anyone to sign any initiative petition with any other
731     name than his own, or knowingly to sign his name more than once for the same measure, or to
732     sign an initiative petition when he knows he is not a registered voter and knows that he does
733     not intend to become registered to vote before the certification of the petition names by the
734     county clerk.";]
735          [(g) contain horizontally ruled lines three-eighths inch apart under the "Warning"
736     statement required by this section;]
737          [(h)] (d) be vertically divided into columns as follows:
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          [(i)] (e) spanning the sheet horizontally beneath each row on which a registered voter
750     may submit the information described in Subsection (2)[(h)](d), contain the following
751     statement printed or typed in not less than eight-point[, single-leaded] type:
752          "By signing this petition, you are stating that you have read and understand the law
753     proposed by this petition."; and
754          [(j)] (f) at the bottom of the sheet, contain in the following order:
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 [persons] the
784     individuals who professed to be the [persons] individuals whose names appear in it, and each
785     of [them] the individuals signed [his] the individual's name on it in my presence;
786          I believe that each individual has printed and signed [his] the individual's name and
787     written [his] the individual's post office address and residence correctly, and that each signer is
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 [his] the local
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)[(vi)](vii); and
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.