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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to initiatives, referenda, and
10 political activities of public entities.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides for the publication of a proposition information pamphlet to inform voters
15 of arguments for and against proposed and pending local initiatives and referenda;
16 ▸ amends provisions relating to a local voter information pamphlet;
17 ▸ enacts provisions for holding a public hearing to discuss and present arguments
18 relating to a proposed or pending local initiative or referendum;
19 ▸ requires the lieutenant governor to create instructional materials regarding local
20 initiatives and referenda;
21 ▸ modifies requirements relating to local initiatives and referenda, including:
22 • petition, circulation, and signature requirements;
23 • timelines; and
24 • appeals and other challenges;
25 ▸ enacts provisions relating to determining whether a proposed initiative or
26 referendum is legally referable to voters;
27 ▸ amends provisions regarding the use of email, and the expenditure of public funds,
28 for political purposes relating to proposed and pending initiatives and referenda;
29 ▸ regulates the dissemination of information regarding a proposed or pending
30 initiative or referendum by a county or municipality; and
31 ▸ makes technical and conforming amendments.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 This bill provides revisor instructions.
36 Utah Code Sections Affected:
37 AMENDS:
38 11-14-301, as last amended by Laws of Utah 2014, Chapter 189
39 20A-7-101, as last amended by Laws of Utah 2017, Chapter 291
40 20A-7-402, as last amended by Laws of Utah 2017, Chapters 91, 147, and 291
41 20A-7-501, as last amended by Laws of Utah 2016, Chapter 176
42 20A-7-502, as last amended by Laws of Utah 2017, Chapter 291
43 20A-7-502.5, as last amended by Laws of Utah 2017, Chapter 291
44 20A-7-504, as last amended by Laws of Utah 2016, Chapter 365
45 20A-7-505, as last amended by Laws of Utah 2012, Chapter 72
46 20A-7-506, as last amended by Laws of Utah 2012, Chapter 72
47 20A-7-506.3, as last amended by Laws of Utah 2011, Chapter 17
48 20A-7-507, as last amended by Laws of Utah 2011, Chapter 17
49 20A-7-508, as last amended by Laws of Utah 2017, Chapter 291
50 20A-7-509, as last amended by Laws of Utah 2009, Chapter 202
51 20A-7-510, as last amended by Laws of Utah 2010, Chapter 367
52 20A-7-512, as last amended by Laws of Utah 2013, Chapter 253
53 20A-7-513, as last amended by Laws of Utah 2017, Chapter 291
54 20A-7-601, as last amended by Laws of Utah 2016, Chapter 365
55 20A-7-602, as last amended by Laws of Utah 2016, Chapter 365
56 20A-7-602.5, as enacted by Laws of Utah 2014, Chapter 364
57 20A-7-603, as last amended by Laws of Utah 2016, Chapter 365
58 20A-7-604, as last amended by Laws of Utah 2016, Chapter 365
59 20A-7-605, as last amended by Laws of Utah 2012, Chapter 72
60 20A-7-606.3, as last amended by Laws of Utah 2011, Chapter 17
61 20A-7-607, as last amended by Laws of Utah 2014, Chapter 396
62 20A-7-608, as last amended by Laws of Utah 2008, Chapter 315
63 20A-7-609.5, as enacted by Laws of Utah 2014, Chapter 396
64 20A-7-610, as last amended by Laws of Utah 2010, Chapter 367
65 20A-7-612, as last amended by Laws of Utah 2001, Chapter 20
66 20A-11-1202, as last amended by Laws of Utah 2017, Chapter 68
67 20A-11-1203, as last amended by Laws of Utah 2015, Chapter 435
68 20A-11-1205, as last amended by Laws of Utah 2017, Chapter 68
69 20A-11-1206, as enacted by Laws of Utah 2015, Chapter 435
70 63I-2-220, as last amended by Laws of Utah 2017, Chapters 32 and 452
71 ENACTS:
72 20A-7-401.5, Utah Code Annotated 1953
73 20A-7-405, Utah Code Annotated 1953
74 20A-7-406, Utah Code Annotated 1953
75 20A-7-407, Utah Code Annotated 1953
76 20A-7-502.7, Utah Code Annotated 1953
77 20A-7-602.7, Utah Code Annotated 1953
78 Utah Code Sections Affected by Revisor Instructions:
79 20A-7-407, Utah Code Annotated 1953
80
81 Be it enacted by the Legislature of the state of Utah:
82 Section 1. Section 11-14-301 is amended to read:
83 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
84 under constitutional and statutory limitations.
85 (1) If the governing body has declared the bond proposition to have carried and no
86 contest has been filed, or if a contest has been filed and favorably terminated, the governing
87 body may proceed to issue the bonds voted at the election.
88 (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
89 otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
90 more than 10 years after the day on which the election is held.
91 (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
92 10-year period:
93 (i) an application for a referendum petition is filed with a local clerk, in accordance
94 with Section 20A-7-602 [
95 law relating to the bonds; or
96 (ii) the bonds are challenged in a court of law or an administrative proceeding in
97 relation to:
98 (A) the legality or validity of the bonds, or the election or proceedings authorizing the
99 bonds;
100 (B) the authority of the local political subdivision to issue the bonds;
101 (C) the provisions made for the security or payment of the bonds; or
102 (D) any other issue that materially and adversely affects the marketability of the bonds,
103 as determined by the individual or body that holds the executive powers of the local political
104 subdivision.
105 (c) [
106 May 8, 2002, but before May 8, 2018, a tolling period described in Subsection (2)(b)(i) ends on
107 the later of the day on which:
108 (i) the local clerk determines that the petition is insufficient, in accordance with
109 Subsection 20A-7-607(2)(c), unless an application, described in Subsection 20A-7-607(4)(a), is
110 made to the Supreme Court;
111 (ii) the Supreme Court determines, under Subsection 20A-7-607(4)(c), that the petition
112 for the referendum is not legally sufficient; or
113 (iii) for a referendum petition that is sufficient, the governing body declares, as
114 provided by law, the results of the referendum election on the local obligation law.
115 (d) For a bond described in this section that was approved by voters on or after May 8,
116 2018, a tolling period described in Subsection (2)(b)(i) ends:
117 (i) if a county, city, town, metro township, or court determines, under Section
118 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
119 (A) the day on which the county, city, town, or metro township provides the notice
120 described in Subsection 20A-7-602.7(1)(b)(ii); or
121 (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
122 decision that the proposed referendum is not legally referable to voters becomes final; or
123 (ii) if a county, city, town, metro township, or court determines, under Section
124 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
125 (A) the day on which the local clerk determines, under Section 20A-7-607, that the
126 number of certified names is insufficient for the proposed referendum to appear on the ballot;
127 or
128 (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
129 names is sufficient for the proposed referendum to appear on the ballot, the day on which the
130 governing body declares, as provided by law, the results of the referendum election on the local
131 obligation law.
132 [
133 (i) there is a final settlement, a final adjudication, or another type of final resolution of
134 all challenges described in Subsection (2)(b)(ii); and
135 (ii) the individual or body that holds the executive powers of the local political
136 subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
137 are resolved and final.
138 [
139 Subsection (2) and, when the tolling ends and after giving effect to the tolling, the period of
140 time remaining to issue the bonds is less than one year, the period of time remaining to issue
141 the bonds shall be extended to one year.
142 [
143 described in this section that were approved by voters on or after May 8, 2002.
144 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
145 the indebtedness of the local political subdivision to exceed that permitted by the Utah
146 Constitution or statutes.
147 (b) In computing the amount of indebtedness that may be incurred pursuant to
148 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
149 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
150 of the taxable property in the local political subdivision, as computed from the last applicable
151 equalized assessment roll before the incurring of the additional indebtedness.
152 (c) In determining the fair market value of the taxable property in the local political
153 subdivision as provided in this section, the value of all tax equivalent property, as defined in
154 Section 59-3-102, shall be included as a part of the total fair market value of taxable property
155 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
156 Act.
157 (4) Bonds of improvement districts issued in a manner that they are payable solely
158 from the revenues to be derived from the operation of the facilities of the district may not be
159 included as bonded indebtedness for the purposes of the computation.
160 (5) Where bonds are issued by a city, town, or county payable solely from revenues
161 derived from the operation of revenue-producing facilities of the city, town, or county, or
162 payable solely from a special fund into which are deposited excise taxes levied and collected by
163 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
164 city, town, or county, or any combination of those excise taxes, the bonds shall be included as
165 bonded indebtedness of the city, town, or county only to the extent required by the Utah
166 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
167 town, or county need not be authorized at an election, except as otherwise provided by the Utah
168 Constitution, the bonds being hereby expressly excluded from the election requirement of
169 Section 11-14-201.
170 (6) A bond election is not void when the amount of bonds authorized at the election
171 exceeded the limitation applicable to the local political subdivision at the time of holding the
172 election, but the bonds may be issued from time to time in an amount within the applicable
173 limitation at the time the bonds are issued.
174 Section 2. Section 20A-7-101 is amended to read:
175 20A-7-101. Definitions.
176 As used in this chapter:
177 (1) "Budget officer" means:
178 (a) for a county, the person designated as budget officer in Section 17-19a-203;
179 (b) for a city, the person designated as budget officer in Subsection 10-6-106(5);
180 (c) for a town, the town council; or
181 (d) for a metro township, the person described in Subsection (1)(a) for the county in
182 which the metro township is located.
183 (2) "Certified" means that the county clerk has acknowledged a signature as being the
184 signature of a registered voter.
185 (3) "Circulation" means the process of submitting an initiative or referendum petition
186 to legal voters for their signature.
187 (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
188 city, or town that is holding an election on a ballot proposition.
189 (5) "Final fiscal impact statement" means a financial statement prepared after voters
190 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
191 20A-7-502.5(2).
192 (6) "Initial fiscal impact estimate" means:
193 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
194 application for an initiative petition; or
195 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
196 for an initiative or referendum petition.
197 (7) "Initiative" means a new law proposed for adoption by the public as provided in
198 this chapter.
199 (8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
200 law, and the signature sheets, all of which have been bound together as a unit.
201 (9) "Legal signatures" means the number of signatures of legal voters that:
202 (a) meet the numerical requirements of this chapter; and
203 (b) have been certified and verified as provided in this chapter.
204 (10) "Legal voter" means a person who:
205 (a) is registered to vote; or
206 (b) becomes registered to vote before the county clerk certifies the signatures on an
207 initiative or referendum petition.
208 (11) "Legally referable to voters" means:
209 (a) for a proposed local initiative, that the proposed local initiative is legally referable
210 to voters under Section 20A-7-502.7; or
211 (b) for a proposed local referendum, that the proposed local referendum is legally
212 referable to voters under Section 20A-7-602.7.
213 [
214 in whose jurisdiction a local initiative or referendum petition is circulated.
215 [
216 jurisdiction a local initiative or referendum petition is circulated.
217 [
218 (i) an ordinance;
219 (ii) a resolution;
220 (iii) a master plan;
221 (iv) a comprehensive zoning regulation adopted by ordinance or resolution; or
222 (v) other legislative action of a local legislative body.
223 (b) "Local law" does not include an individual property zoning decision.
224 [
225 or metro township.
226 [
227 body regarding a bond that was approved by a majority of qualified voters in an election.
228 [
229 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
230 [
231 referendum.
232 [
233 by a local legislative body is submitted or referred to the voters for their approval or rejection.
234 [
235 the law being submitted or referred to the voters for their approval or rejection, and the
236 signature sheets, all of which have been bound together as a unit.
237 [
238 (b) "Signature" does not mean an electronic signature.
239 [
240 used to collect signatures in support of an initiative or referendum.
241 (23) "Special local ballot proposition" means a local ballot proposition that is not a
242 standard local ballot proposition.
243 [
244 and who sign the application for petition copies.
245 (25) (a) "Standard local ballot proposition" means a local ballot proposition for an
246 initiative or a referendum.
247 (b) "Standard local ballot proposition" does not include a property tax referendum
248 described in Section 20A-7-613.
249 [
250 or referendum petition have been certified and verified as required by this chapter.
251 [
252 proposed by an initiative or an initiative petition and the current tax rate.
253 [
254 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
255 [
256 required in Sections 20A-7-205 and 20A-7-305.
257 Section 3. Section 20A-7-401.5 is enacted to read:
258 20A-7-401.5. Proposition information pamphlet.
259 (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
260 circulate an initiative petition under Section 20A-7-502 or an application to circulate a
261 referendum petition under Section 20A-7-602:
262 (A) the sponsors of the proposed initiative or referendum may submit a written
263 argument in favor of the proposed initiative or referendum to the election officer of the county
264 or municipality to which the petition relates; and
265 (B) the county or municipality to which the application relates may submit a written
266 argument in favor of, or against, the proposed initiative or referendum to the county's or
267 municipality's election officer.
268 (ii) If a county or municipality submits more than one written argument under
269 Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
270 preference to a written argument submitted by a member of a local legislative body.
271 (b) Within one business day after the day on which an election officer receives an
272 argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
273 argument to the county or municipality described in Subsection (1)(a)(i)(B).
274 (c) Within one business day after the day on which an election officer receives an
275 argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
276 argument to the first three sponsors of the proposed initiative or referendum described in
277 Subsection (1)(a)(i)(A).
278 (d) The sponsors of the proposed initiative or referendum may submit a revised version
279 of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
280 county or municipality to which the petition relates:
281 (i) within five days after the day on which the county or municipality determines that
282 the proposed initiative or referendum is legally referable to voters; or
283 (ii) if a court determines that the proposed initiative or referendum is legally referable
284 to voters, within five days after the day on which the determination is final.
285 (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
286 a county or municipality may submit a revised version of the written argument to the county's
287 or municipality's election officer:
288 (i) within five days after the day on which the county or municipality determines that
289 the proposed initiative or referendum is legally referable to voters; or
290 (ii) if a court determines that the proposed initiative or referendum is legally referable
291 to voters, within five days after the day on which the determination is final.
292 (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
293 (b) Except as provided in Subsection (2)(c), a person may not modify a written
294 argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
295 election officer.
296 (c) The election officer and the person that submits the written argument described in
297 Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
298 (i) correct factual, grammatical, or spelling errors; or
299 (ii) reduce the number of words to come into compliance with Subsection (2)(a).
300 (d) An election officer shall refuse to include a written argument in the proposition
301 information pamphlet described in this section if the person who submits the argument:
302 (i) fails to negotiate, in good faith, to modify the argument in accordance with
303 Subsection (2)(c); or
304 (ii) does not timely submit the written argument to the election officer.
305 (e) An election officer shall make a good faith effort to negotiate a modification
306 described in Subsection (2)(c) in an expedited manner.
307 (3) An election officer who receives a written argument described in Subsection (1)
308 shall prepare a proposition information pamphlet for publication that includes:
309 (a) a copy of the application for the proposed initiative or referendum;
310 (b) except as provided in Subsection (2)(d), immediately after the copy described in
311 Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
312 referendum, if any; and
313 (c) except as provided in Subsection (2)(d), immediately after the argument described
314 in Subsection (3)(b), the argument prepared by the county or municipality, if any.
315 (4) Before an election officer publishes a proposition information pamphlet under
316 Subsection (5) or (6), the proposition information pamphlet is a draft for purposes of Title 63G,
317 Chapter 2, Government Records Access and Management Act.
318 (5) An election officer for a municipality shall publish the proposition information
319 pamphlet as follows:
320 (a) within the later of 10 days after the day on which the municipality or a court
321 determines that the proposed initiative or referendum is legally referable to voters, or, if the
322 election officer modifies an argument under Subsection (2)(c), three days after the day on
323 which the election officer and the person that submitted the argument agree on the
324 modification:
325 (i) by sending the proposition information pamphlet electronically to each individual in
326 the municipality for whom the municipality has an email address obtained via voter
327 registration; and
328 (ii) by posting the proposition information pamphlet on the Utah Public Notice
329 Website, created in Section 63F-1-701, and the home page of the municipality's website, if the
330 municipality has a website, until:
331 (A) if the sponsors of the proposed initiative or referendum do not timely deliver any
332 verified initiative packets under Section 20A-7-506 or any verified referendum packets under
333 Section 20A-7-606, the day after the day of the deadline for delivery of the verified initiative
334 packets or verified referendum packets;
335 (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
336 number of signatures necessary to qualify the proposed initiative or referendum for placement
337 on the ballot is insufficient and the determination is not timely appealed or is upheld after
338 appeal; or
339 (C) the day after the day of the election at which the proposed initiative or referendum
340 appears on the ballot; and
341 (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
342 municipality's residents, including an Internet address, where a resident may view the
343 proposition information pamphlet, in the next mailing, for which the municipality has not
344 begun preparation, that falls on or after the later of:
345 (i) 10 days after the day on which the municipality or a court determines that the
346 proposed initiative or referendum is legally referable to voters; or
347 (ii) if the election officer modifies an argument under Subsection (2)(c), three days
348 after the day on which the election officer and the person that submitted the argument agree on
349 the modification.
350 (6) An election officer for a county shall, within the later of 10 days after the day on
351 which the county or a court determines that the proposed initiative or referendum is legally
352 referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
353 three days after the day on which the election officer and the person that submitted the
354 argument agree on the modification, publish the proposition information pamphlet as follows:
355 (a) by sending the proposition information pamphlet electronically to each individual
356 in the county for whom the county has an email address obtained via voter registration; and
357 (b) by posting the proposition information pamphlet on the Utah Public Notice
358 Website, created in Section 63F-1-701, and the home page of the county's website, until:
359 (i) if the sponsors of the proposed initiative or referendum do not timely deliver any
360 verified initiative packets under Section 20A-7-506 or any verified referendum packets under
361 Section 20A-7-606, the day after the day of the deadline for delivery of the verified initiative
362 packets or verified referendum packets;
363 (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
364 of signatures necessary to qualify the proposed initiative or referendum for placement on the
365 ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
366 (iii) the day after the day of the election at which the proposed initiative or referendum
367 appears on the ballot.
368 Section 4. Section 20A-7-402 is amended to read:
369 20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
370 Preparation -- Statement on front cover.
371 (1) The county or municipality that is subject to a ballot proposition shall prepare a
372 local voter information pamphlet that complies with the requirements of this part.
373 [
374
375 [
376 municipality that is subject to a special local ballot proposition shall provide a notice that
377 complies with the requirements of Subsection [
378 (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
379 municipality's residents, including the notice with a newsletter, utility bill, or other material;
380 (ii) posting the notice, until after the deadline described in Subsection [
381 passed, on:
382 (A) the Utah Public Notice Website created in Section 63F-1-701; and
383 (B) the home page of the municipality's website, if the municipality has a website; and
384 (iii) sending the notice electronically to each individual in the municipality for whom
385 the municipality has an email address.
386 (b) A county that is subject to a special local ballot proposition shall:
387 (i) send an electronic notice that complies with the requirements of Subsection [
388 (2)(c)(ii) to each individual in the county for whom the county has an email address; or
389 (ii) until after the deadline described in Subsection [
390 that complies with the requirements of Subsection [
391 (A) the Utah Public Notice Website created in Section 63F-1-701; and
392 (B) the home page of the county's website.
393 (c) A municipality or county that mails, sends, or posts a notice under Subsection [
394 (2)(a) or (b) shall:
395 (i) mail, send, or post the notice:
396 (A) not less than 90 days before the date of the election at which a special local ballot
397 proposition will be voted upon; or
398 (B) if the requirements of Subsection [
399 practicable after the special local ballot proposition is approved to be voted upon in an election;
400 and
401 (ii) ensure that the notice contains:
402 (A) the ballot title for the special local ballot proposition;
403 (B) instructions on how to file a request under Subsection [
404 (C) the deadline described in Subsection [
405 (d) To prepare [
406 an eligible voter shall file a request with the election officer at least 65 days before the election
407 at which the special local ballot proposition is to be voted on.
408 (e) If more than one eligible voter requests the opportunity to prepare [
409 argument for or against a special local ballot proposition, the election officer shall make the
410 final designation according to the following criteria:
411 (i) sponsors have priority in preparing an argument regarding a special local ballot
412 proposition; and
413 (ii) members of the local legislative body have priority over others.
414 (f) (i) [
415 proposition may prepare [
416 (ii) [
417 (2)(e), an eligible voter opposed to the special local ballot proposition who submits a request
418 under Subsection [
419 ballot proposition.
420 [
421
422
423 [
424
425 [
426 relation to a special local ballot proposition shall:
427 (i) ensure that the written argument does not exceed 500 words in length;
428 (ii) ensure that the written argument does not list more than five names as sponsors;
429 (iii) submit the written argument to the election officer no later than 60 days before the
430 election day on which the ballot proposition will be submitted to the voters; and
431 (iv) include with the written argument the eligible voter's name, residential address,
432 postal address, email address if available, and phone number.
433 [
434 submitted after the deadline described in Subsection [
435 [
436 and against a special local ballot proposition shall, within one business day after the day on
437 which the election office receives both written arguments, send, via mail or email:
438 (i) a copy of the written argument in favor of the special local ballot proposition to the
439 eligible voter who submitted the written argument against the special local ballot proposition;
440 and
441 (ii) a copy of the written argument against the special local ballot proposition to the
442 eligible voter who submitted the written argument in favor of the special local ballot
443 proposition.
444 (b) The eligible voter who submitted a timely written argument in favor of the special
445 local ballot proposition:
446 (i) may submit to the election officer a written rebuttal argument of the written
447 argument against the special local ballot proposition;
448 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
449 and
450 (iii) shall submit the written rebuttal argument no later than 45 days before the election
451 day on which the special local ballot proposition will be submitted to the voters.
452 (c) The eligible voter who submitted a timely written argument against the special local
453 ballot proposition:
454 (i) may submit to the election officer a written rebuttal argument of the written
455 argument in favor of the special local ballot proposition;
456 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
457 and
458 (iii) shall submit the written rebuttal argument no later than 45 days before the election
459 day on which the special local ballot proposition will be submitted to the voters.
460 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
461 relation to a special local ballot proposition that is submitted after the deadline described in
462 Subsection [
463 [
464 ballot proposition:
465 (i) an eligible voter may not modify [
466 argument after the eligible voter submits the written argument or written rebuttal argument to
467 the election officer; and
468 (ii) a person other than the eligible voter described in Subsection [
469 modify [
470 (b) The election officer, and the eligible voter who submits [
471 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
472 modify [
473 (i) correct factual, grammatical, or spelling errors; and
474 (ii) reduce the number of words to come into compliance with the requirements of this
475 section.
476 (c) An election officer shall refuse to accept and publish [
477 written rebuttal argument in relation to a special local ballot proposition if the eligible voter
478 who submits the written argument or written rebuttal argument fails to negotiate, in good faith,
479 to modify the written argument or written rebuttal argument in accordance with Subsection
480 [
481 [
482 designate another eligible voter to take the place of an eligible voter described in this section if
483 the original eligible voter is, due to injury, illness, death, or another circumstance, unable to
484 continue to fulfill the duties of an eligible voter described in this section.
485 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
486 included in a proposition information pamphlet under Section 20A-7-401.5:
487 (a) may, if a written argument against the standard local ballot proposition is included
488 in the proposition information pamphlet, submit a written rebuttal argument to the election
489 officer;
490 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
491 and
492 (c) shall submit the written rebuttal argument no later than 45 days before the election
493 day on which the standard local ballot proposition will be submitted to the voters.
494 (7) (a) A county or municipality that submitted a written argument against a standard
495 local ballot proposition that is included in a proposition information pamphlet under Section
496 20A-7-401.5:
497 (i) may, if a written argument in favor of the standard local ballot proposition is
498 included in the proposition information pamphlet, submit a written rebuttal argument to the
499 election officer;
500 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
501 and
502 (iii) shall submit the written rebuttal argument no later than 45 days before the election
503 day on which the ballot proposition will be submitted to the voters.
504 (b) If a county or municipality submits more than one written rebuttal argument under
505 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
506 giving preference to a written rebuttal argument submitted by a member of a local legislative
507 body.
508 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
509 that is submitted after the deadline described in Subsection (6)(c) or (7)(c).
510 (b) Before an election officer publishes a local voter information pamphlet under this
511 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
512 Records Access and Management Act.
513 (c) An election officer who receives a written rebuttal argument described in this
514 section may not, before publishing the local voter information pamphlet described in this
515 section, disclose the written rebuttal argument, or any information contained in the written
516 rebuttal argument, to any person who may in any way be involved in preparing an opposing
517 rebuttal argument.
518 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
519 rebuttal argument after the written rebuttal argument is submitted to the election officer.
520 (b) The election officer, and the person who submits a written rebuttal argument, may
521 jointly agree to modify a written rebuttal argument in order to:
522 (i) correct factual, grammatical, or spelling errors; or
523 (ii) reduce the number of words to come into compliance with the requirements of this
524 section.
525 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
526 the person who submits the written rebuttal argument:
527 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
528 accordance with Subsection (9)(b); or
529 (ii) does not timely submit the written rebuttal argument to the election officer.
530 (d) An election officer shall make a good faith effort to negotiate a modification
531 described in Subsection (9)(b) in an expedited manner.
532 (10) An election officer may designate another person to take the place of a person who
533 submits a written rebuttal argument in relation to a standard local ballot proposition if the
534 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
535 person's duties.
536 [
537 fiscal impact estimate prepared for each initiative under Section 20A-7-502.5.
538 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
539 include the following statement in bold type:
540 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
541 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
542 increase in the current tax rate."
543 [
544 shall:
545 (i) ensure that the written arguments are printed on the same sheet of paper upon which
546 the ballot proposition is also printed;
547 (ii) ensure that the following statement is printed on the front cover or the heading of
548 the first page of the printed written arguments:
549 "The arguments for or against a ballot proposition are the opinions of the authors.";
550 (iii) pay for the printing and binding of the local voter information pamphlet; and
551 (iv) not less than 15 days before, but not more than 45 days before, the election at
552 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
553 voter entitled to vote on the ballot proposition:
554 (A) a voter information pamphlet; or
555 (B) the notice described in Subsection [
556 (b) (i) If the [
557 in length, the election officer may summarize the [
558 less.
559 (ii) The summary shall state where a complete copy of the ballot proposition is
560 available for public review.
561 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
562 preaddressed return form that a person may use to request delivery of a voter information
563 pamphlet by mail.
564 (ii) The notice described in Subsection [
565 (A) the address of the Statewide Electronic Voter Information Website authorized by
566 Section 20A-7-801; and
567 (B) the phone number a voter may call to request delivery of a voter information
568 pamphlet by mail or carrier.
569 Section 5. Section 20A-7-405 is enacted to read:
570 20A-7-405. Public meeting.
571 (1) A county or municipality may not discuss a proposed initiative, an initiative, a
572 proposed referendum, or a referendum at a public meeting unless the county or municipality
573 complies with the requirements of this section.
574 (2) The legislative body of a county or municipality may hold a public meeting to
575 discuss a proposed initiative, an initiative, a proposed referendum, or a referendum if the
576 legislative body:
577 (a) allows equal time, within a reasonable limit, for presentations on both sides of the
578 proposed initiative, initiative, proposed referendum, or referendum;
579 (b) provides each interested party desiring to be heard an opportunity to present oral
580 testimony within reasonable time limits; and
581 (c) holds the public meeting beginning at or after 6 p.m.
582 (3) This section does not prohibit a working group meeting from being held before 6
583 p.m.
584 Section 6. Section 20A-7-406 is enacted to read:
585 20A-7-406. Informational materials.
586 The lieutenant governor shall create and publish to the lieutenant governor's website
587 instructions on how a person may:
588 (1) qualify a local initiative for the ballot under Part 5, Local Initiatives - Procedures;
589 or
590 (2) qualify a local referendum for the ballot under Part 6, Local Referenda -
591 Procedures.
592 Section 7. Section 20A-7-407 is enacted to read:
593 20A-7-407. Applicability of statute to pending processes.
594 (1) If a local initiative or local referendum process is pending as described in
595 Subsection (2), that local initiative or local referendum process:
596 (a) is subject to the provisions of law that were in effect on May 7, 2018; and
597 (b) is not subject to the provisions of this bill.
598 (2) A local initiative or local referendum process is pending under Subsection (1) if, on
599 or before May 7, 2018:
600 (a) (i) sponsors have filed an application to circulate the initiative petition under
601 Section 20A-7-502; or
602 (ii) sponsors have filed an application to circulate the referendum petition under
603 Section 20A-7-602; and
604 (b) the process described in Subsection (2)(a) has not concluded.
605 Section 8. Section 20A-7-501 is amended to read:
606 20A-7-501. Initiatives -- Signature requirements -- Time requirements.
607 [
608
609
610 [
611
612
613 [
614
615
616
617 [
618
619
620
621 [
622
623
624
625 [
626
627
628
629 [
630
631
632 [
633
634
635
636
637 (1) As used in this section, "number of active voters" means the number of active
638 voters in the county, city, or town on the immediately preceding January 1.
639 (2) An eligible voter seeking to have an initiative submitted to a local legislative body
640 or to a vote of the people for approval or rejection shall obtain legal signatures equal to:
641 (a) for a metro township with a population of 100,000 or more, a city of the first class,
642 or a county of the first class, 8.5% of the number of active voters in the metro township, city, or
643 county;
644 (b) for a metro township with a population of 65,000 or more but less than 100,000, a
645 city of the second class, or a county of the second class, 11% of the number of active voters in
646 the metro township, city, or county;
647 (c) for a metro township with a population of 30,000 or more but less than 65,000, a
648 city of the third class, or a county of the third class, 13% of the number of active voters in the
649 metro township, city, or county;
650 (d) for a metro township with a population of 10,000 or more but less than 30,000, a
651 city of the fourth class, or a county of the fourth class, 17.5% of the number of active voters in
652 the metro township, city, or county;
653 (e) for a metro township with a population of 1,000 or more but less than 10,000, a city
654 of the fifth class, or a county of the fifth class, 22% of the number of active voters in the metro
655 township, city, or county; or
656 (f) for a metro township with a population of less than 1,000, a town, or a county of the
657 sixth class, 25.5% of the number of active voters in the metro township, town, or county.
658 [
659 equals or exceeds the number of names required by this section, the clerk or recorder shall
660 deliver the proposed law to the local legislative body at [
661 meeting.
662 [
663 without change or amendment within 30 days [
664 legislative body receives the proposed law under Subsection (3).
665 (b) The local legislative body may:
666 (i) adopt the proposed law and refer [
667 (ii) adopt the proposed law without referring [
668 (iii) reject the proposed law.
669 (c) If the local legislative body adopts the proposed law but does not refer [
670 proposed law to the people, [
671 laws.
672 (d) (i) If a county legislative body rejects a proposed [
673 law, or takes no action on [
674 law to the voters of the county at the next regular general election immediately after the
675 petition for the proposed law is filed under Section 20A-7-502.
676 (ii) If a local legislative body of a municipality rejects a proposed [
677
678 shall submit [
679 general election immediately after the petition is filed under Section 20A-7-502.
680 (e) (i) If [
681
682 a competing local law.
683 (ii) The local legislative body shall prepare and adopt the competing local law within
684 the [
685 period described in Subsection (4)(a).
686 (iii) If [
687 shall [
688 same election at which the initiative proposal is submitted under Subsection (4)(d).
689 (f) If conflicting local laws are submitted to the people at the same election and two or
690 more of the conflicting measures are approved by the people, [
691 the greatest number of affirmative votes shall control all conflicts.
692 Section 9. Section 20A-7-502 is amended to read:
693 20A-7-502. Local initiative process -- Application procedures.
694 (1) [
695 application with the local clerk.
696 (2) The application shall contain:
697 (a) the name and residence address of at least five sponsors of the initiative petition;
698 (b) a statement indicating that each of the sponsors[
699 [
700
701 [
702
703 [
704 [
705
706
707 (c) a statement indicating that each of the sponsors has voted in an election in Utah in
708 the last three years;
709 [
710 public;
711 [
712 (i) the title of the proposed law, which clearly expresses the subject of the law; and
713 (ii) the text of the proposed law; and
714 [
715 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
716 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
717 increase in the current tax rate."
718 (3) A proposed law submitted under this section may not contain more than one subject
719 to the same extent a bill may not pass containing more than one subject as provided in Utah
720 Constitution, Article VI, Section 22.
721 Section 10. Section 20A-7-502.5 is amended to read:
722 20A-7-502.5. Initial fiscal and legal impact estimate -- Preparation of estimate.
723 (1) Within three working days [
724 after the day on which the local clerk receives an application for an initiative petition, the local
725 clerk shall submit a copy of the [
726 officer.
727 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
728 faith estimate of the fiscal and legal impact of the law proposed by the initiative that contains:
729 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
730 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
731 the total estimated increase or decrease for each type of tax affected under the proposed law
732 and a dollar amount representing the total estimated increase or decrease in taxes under the
733 proposed law;
734 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
735 percentage increase;
736 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
737 notes, or other debt instruments, a dollar amount representing the total estimated increase or
738 decrease in public debt under the proposed law;
739 (v) a listing of all sources of funding for the estimated costs associated with the
740 proposed law showing each source of funding and the percentage of total funding provided
741 from each source;
742 (vi) a dollar amount representing the estimated costs or savings, if any, to state and
743 local government entities under the proposed law;
744 (vii) the proposed law's legal impact, including:
745 (A) any significant effects on a person's vested property rights;
746 (B) any significant effects on other laws or ordinances;
747 (C) any significant legal liability the city, county, or town may incur; and
748 (D) any other significant legal impact as determined by the budget officer and the legal
749 counsel; and
750 (viii) a concise explanation, not exceeding 100 words, of the above information and of
751 the estimated fiscal impact, if any, under the proposed law.
752 (b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
753 shall include a summary statement in the initial fiscal impact statement in substantially the
754 following form:
755 "The (title of the local budget officer) estimates that the law proposed by this initiative
756 would have no significant fiscal impact and would not result in either an increase or decrease in
757 taxes or debt."
758 (ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
759 shall include a summary statement in the initial fiscal impact estimate in substantially the
760 following form:
761 "The (title of the local budget officer) estimates that the law proposed by this initiative
762 would result in a total fiscal expense/savings of $______, which includes a (type of tax or
763 taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
764 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
765 difficult to reasonably express in a summary statement, the local budget officer may include in
766 the summary statement a brief explanation that identifies those factors affecting the variability
767 or difficulty of the estimate.
768 (iv) If the proposed law would increase taxes, the local budget officer shall include a
769 summary statement in the initial fiscal impact statement in substantially the following form:
770 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
771 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
772 percent increase in the current tax rate."
773 (3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
774 printing and distributing information related to the initiative petition in the voter information
775 pamphlet as required by Section 20A-7-402.
776 (4) Within 25 calendar days [
777
778 Subsection (1), the budget officer shall:
779 (a) deliver a copy of the initial fiscal impact estimate, including the legal impact
780 estimate, to the local clerk's office; and
781 (b) mail a copy of the initial fiscal impact estimate, including the legal impact estimate,
782 to the first [
783 [
784
785
786
787
788 [
789
790
791
792 [
793
794
795
796
797 [
798
799
800 [
801
802
803 Section 11. Section 20A-7-502.7 is enacted to read:
804 20A-7-502.7. Referability to voters.
805 (1) Within 20 days after the day on which an eligible voter files an application to
806 circulate an initiative petition under Section 20A-7-502, the county, city, town, or metro
807 township to which the initiative pertains shall:
808 (a) review the proposed law in the initiative application to determine whether the law is
809 legally referable to voters; and
810 (b) notify the first three sponsors, in writing, whether the proposed law is:
811 (i) legally referable to voters; or
812 (ii) rejected as not legally referable to voters.
813 (2) A proposed law in an initiative application is legally referable to voters unless:
814 (a) the proposed law is patently unconstitutional;
815 (b) the proposed law is nonsensical;
816 (c) the proposed law is administrative, rather than legislative, in nature;
817 (d) the proposed law could not become law if passed;
818 (e) the proposed law contains more than one subject as evaluated in accordance with
819 Subsection 20A-7-502(3);
820 (f) the subject of the proposed law is not clearly expressed in the law's title;
821 (g) the proposed law is identical or substantially similar to a legally referable proposed
822 law sought by an initiative application submitted to the local clerk, under Section 20A-7-502,
823 within two years before the day on which the application for the current proposed initiative is
824 filed; or
825 (h) the application for the proposed law was not timely filed or does not comply with
826 the requirements of this part.
827 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
828 or metro township may not:
829 (a) reject a proposed initiative as not legally referable to voters; or
830 (b) bring a legal action, other than to appeal a court decision, challenging a proposed
831 initiative on the grounds that the proposed initiative is not legally referable to voters.
832 (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
833 the proposed initiative may, within 10 days after the day on which a sponsor is notified under
834 Subsection (1)(b), appeal the decision to:
835 (a) district court; or
836 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
837 (5) If, on appeal, the court determines that the law proposed in the initiative petition is
838 legally referable to voters, the local clerk shall comply with Subsection 20A-7-504(2) within
839 five days after the day on which the determination, and any appeal of the determination, is
840 final.
841 Section 12. Section 20A-7-504 is amended to read:
842 20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
843 materials.
844 (1) In order to obtain the necessary number of signatures required by this part, the
845 sponsors shall, after the sponsors receive the documents described in Subsections (2)(a) and
846 (b), circulate initiative packets that meet the form requirements of this part.
847 (2) Within five days after the day on which a [
848
849 court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
850 petition is legally referable to voters, the local clerk shall furnish to the sponsors:
851 (a) one copy of the initiative petition; and
852 (b) one signature sheet.
853 (3) The sponsors of the petition shall:
854 (a) arrange and pay for the printing of all additional copies of the petition and signature
855 sheets; and
856 (b) ensure that the copies of the petition and signature sheets meet the form
857 requirements of this section.
858 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
859 initiative packets.
860 (b) The sponsors shall create those packets by binding a copy of the initiative petition,
861 a copy of the proposed law, and no more than 50 signature sheets together at the top in such a
862 way that the packets may be conveniently opened for signing.
863 (c) The sponsors need not attach a uniform number of signature sheets to each
864 initiative packet.
865 [
866
867 [
868 [
869
870 [
871 Section 13. Section 20A-7-505 is amended to read:
872 20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
873 (1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
874 resides in the local jurisdiction.
875 (2) (a) The sponsors shall ensure that the [
876 signature sheet was signed:
877 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
878 and
879 (ii) verifies each signature sheet by completing the verification printed on the last page
880 of each initiative packet.
881 (b) [
882 the initiative packet if the [
883 (3) (a) (i) Any voter who has signed an initiative petition may have the voter's signature
884 removed from the petition by submitting a notarized statement to that effect to the local clerk.
885 (ii) In order for the signature to be removed, the statement must be received by the
886 local clerk before [
887 (b) Upon receipt of the statement, the local clerk shall remove the signature of the
888 [
889 (c) No one may remove signatures from an initiative petition after the petition is
890 submitted to the county clerk to be certified.
891 Section 14. Section 20A-7-506 is amended to read:
892 20A-7-506. Submitting the initiative petition -- Certification of signatures by the
893 county clerks -- Transfer to local clerk.
894 (1) (a) The sponsors shall deliver each signed and verified initiative packet to the
895 county clerk of the county in which the packet was circulated on or before the sooner of:
896 (i) for county initiatives:
897 (A) 316 days after the day on which the application is filed; or
898 (B) the April 15 immediately before the next regular general election immediately after
899 the application is filed under Section 20A-7-502; or
900 (ii) for municipal initiatives:
901 (A) 316 days after the day on which the application is filed; or
902 (B) the April 15 immediately before the next municipal general election immediately
903 after the application is filed under Section 20A-7-502.
904 (b) A sponsor may not submit an initiative packet after the deadline established in this
905 Subsection (1).
906 (2) (a) No later than May 1, the county clerk shall:
907 (i) check the names of all [
908 page of each initiative packet to determine whether those [
909 Utah and are at least 18 years old; and
910 (ii) submit the name of each of those [
911 or who is not at least 18 years old to the attorney general and county attorney.
912 (b) The county clerk may not certify a signature under Subsection (3) on an initiative
913 packet that is not verified in accordance with Section 20A-7-505.
914 (3) No later than May 15, the county clerk shall:
915 (a) determine whether or not each signer is a voter according to the requirements of
916 Section 20A-7-506.3;
917 (b) certify on the petition whether or not each name is that of a voter; and
918 (c) deliver all of the verified packets to the local clerk.
919 Section 15. Section 20A-7-506.3 is amended to read:
920 20A-7-506.3. Verification of petition signatures.
921 (1) (a) For the purposes of this section, "substantially similar name" means:
922 (i) the given name and surname shown on the petition, or both, contain only minor
923 spelling differences when compared to the given name and surname shown on the official
924 register;
925 (ii) the surname shown on the petition exactly matches the surname shown on the
926 official register, and the given names differ only because one of the given names shown is a
927 commonly used abbreviation or variation of the other;
928 (iii) the surname shown on the petition exactly matches the surname shown on the
929 official register, and the given names differ only because one of the given names shown is
930 accompanied by a first or middle initial or a middle name which is not shown on the other
931 record; or
932 (iv) the surname shown on the petition exactly matches the surname shown on the
933 official register, and the given names differ only because one of the given names shown is an
934 alphabetically corresponding initial that has been provided in the place of a given name shown
935 on the other record.
936 (b) For the purposes of this section, "substantially similar name" does not mean a name
937 having an initial or a middle name shown on the petition that does not match a different initial
938 or middle name shown on the official register.
939 (2) The county clerk shall use the following procedures in determining whether or not a
940 signer is a registered voter:
941 (a) When a signer's name and address shown on the petition exactly match a name and
942 address shown on the official register and the signer's signature appears substantially similar to
943 the signature on the statewide voter registration database, the county clerk shall declare the
944 signature valid.
945 (b) When there is no exact match of an address and a name, the county clerk shall
946 declare the signature valid if:
947 (i) the address on the petition matches the address of [
948 official register with a substantially similar name; and
949 (ii) the signer's signature appears substantially similar to the signature on the statewide
950 voter registration database of the [
951 (c) When there is no match of an address and a substantially similar name, the county
952 clerk shall declare the signature valid if:
953 (i) the birth date or age on the petition matches the birth date or age of [
954 individual on the official register with a substantially similar name; and
955 (ii) the signer's signature appears substantially similar to the signature on the statewide
956 voter registration database of the [
957 (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
958 county clerk shall declare the signature to be invalid.
959 Section 16. Section 20A-7-507 is amended to read:
960 20A-7-507. Evaluation by the local clerk.
961 (1) When each initiative packet is received from a county clerk, the local clerk shall
962 check off from the local clerk's record the number of each initiative packet filed.
963 (2) (a) After all of the initiative packets have been received by the local clerk, the local
964 clerk shall count the number of the names certified by the county clerk that appear on each
965 verified signature sheet.
966 (b) If the total number of certified names from each verified signature sheet equals or
967 exceeds the number of names required by Section 20A-7-501 and the requirements of this part
968 are met, the local clerk shall mark upon the front of the petition the word "sufficient."
969 (c) If the total number of certified names from each verified signature sheet does not
970 equal or exceed the number of names required by Section 20A-7-501 or a requirement of this
971 part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."
972 (d) The local clerk shall immediately notify any one of the sponsors of the local clerk's
973 finding.
974 (3) If the local clerk finds the total number of certified signatures from each verified
975 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
976 for a recount of the signatures appearing on the initiative petition in the presence of any
977 sponsor.
978 (4) Once a petition is declared insufficient, the sponsors may not submit additional
979 signatures to qualify the petition for the ballot.
980 [
981
982
983 [
984
985
986 [
987
988
989 [
990 qualified for the ballot.
991 Section 17. Section 20A-7-508 is amended to read:
992 20A-7-508. Ballot title -- Duties of local clerk and local attorney.
993 (1) Whenever an initiative petition is declared sufficient for submission to a vote of the
994 people, the local clerk shall deliver a copy of the petition and the proposed law to the local
995 attorney.
996 (2) The local attorney shall:
997 (a) entitle each county or municipal initiative that has qualified for the ballot
998 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
999 (b) prepare a proposed ballot title for the initiative;
1000 (c) file the proposed ballot title and the numbered initiative titles with the local clerk
1001 within 15 days after the date the initiative petition is declared sufficient for submission to a
1002 vote of the people; and
1003 (d) promptly provide notice of the filing of the proposed ballot title to:
1004 (i) the sponsors of the petition; and
1005 (ii) the local legislative body for the jurisdiction where the initiative petition was
1006 circulated.
1007 (3) (a) The ballot title may be distinct from the title of the proposed law attached to the
1008 initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
1009 (b) In preparing a ballot title, the local attorney shall, to the best of the local attorney's
1010 ability, give a true and impartial statement of the purpose of the measure.
1011 (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
1012 for or against the measure.
1013 (d) If the initiative proposes a tax increase, the local attorney shall include the
1014 following statement, in bold, in the ballot title:
1015 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1016 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1017 increase in the current tax rate."
1018 (4) (a) Within five calendar days after the date the local attorney files a proposed ballot
1019 title under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative
1020 petition was circulated and the sponsors of the petition may file written comments in response
1021 to the proposed ballot title with the local clerk.
1022 (b) Within five calendar days after the last date to submit written comments under
1023 Subsection (4)(a), the local attorney shall:
1024 (i) review any written comments filed in accordance with Subsection (4)(a);
1025 (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
1026 (iii) return the petition and file the ballot title with the local clerk.
1027 (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
1028 be printed on the official ballot.
1029 (5) Immediately after the local attorney files a copy of the ballot title with the local
1030 clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
1031 petition and the local legislative body for the jurisdiction where the initiative petition was
1032 circulated.
1033 (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
1034 comply with the requirements of this section, the decision of the local attorney may be
1035 appealed [
1036 to the Supreme Court [
1037 (i) at least three sponsors of the initiative petition; or
1038 (ii) a majority of the local legislative body for the jurisdiction where the initiative
1039 petition was circulated.
1040 (b) The [
1041 (i) shall examine the measures and consider arguments[
1042 (ii) may certify to the local clerk a ballot title for the measure that fulfills the intent of
1043 this section.
1044 (c) The local clerk shall print the title certified by the [
1045 official ballot.
1046 Section 18. Section 20A-7-509 is amended to read:
1047 20A-7-509. Form of ballot -- Manner of voting.
1048 (1) The local clerk shall ensure that the number and ballot title are presented upon the
1049 official ballot with, immediately adjacent to them, the words "For" and "Against," each word
1050 presented with an adjacent square in which the [
1051 vote.
1052 (2) [
1053 initiative petition shall mark the square adjacent to the word "For," and [
1054 to vote against enacting the law proposed by the initiative petition shall mark the square
1055 adjacent to the word "Against."
1056 Section 19. Section 20A-7-510 is amended to read:
1057 20A-7-510. Return and canvass -- Conflicting measures -- Law effective on
1058 proclamation.
1059 (1) The votes on the law proposed by the initiative petition shall be counted,
1060 canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
1061 (2) After the local board of canvassers completes its canvass, the local clerk shall
1062 certify to the local legislative body the vote for and against the law proposed by the initiative
1063 petition.
1064 (3) (a) The local legislative body shall immediately issue a proclamation that:
1065 (i) gives the total number of votes cast in the local jurisdiction for and against each law
1066 proposed by an initiative petition; and
1067 (ii) declares those laws proposed by an initiative petition that were approved by
1068 majority vote to be in full force and effect as the law of the local jurisdiction.
1069 (b) When the local legislative body determines that two proposed laws, or that parts of
1070 two proposed laws approved by the people at the same election are entirely in conflict, they
1071 shall proclaim that measure to be law that has received the greatest number of affirmative
1072 votes, regardless of the difference in the majorities which those measures have received.
1073 (c) (i) Within 10 days after the local legislative body's proclamation, any qualified
1074 voter who signed the initiative petition proposing the law that is declared by the local
1075 legislative body to be superseded by another measure approved at the same election may apply
1076 to the district court, or, if the Supreme Court has original jurisdiction, the Supreme Court to
1077 review the decision.
1078 (ii) The court shall:
1079 (A) consider the matter and decide whether [
1080 and
1081 (B) certify [
1082 (4) Within 10 days after the [
1083 certifies the decision, the local legislative body shall:
1084 (a) proclaim as law all [
1085 [
1086 (b) [
1087
1088 that received the greatest number of affirmative votes, regardless of the difference in
1089 majorities.
1090 Section 20. Section 20A-7-512 is amended to read:
1091 20A-7-512. Misconduct of electors and officers -- Penalty.
1092 (1) It is unlawful for any [
1093 (a) sign any name other than the [
1094 petition;
1095 (b) knowingly sign the [
1096 measure at one election;
1097 (c) sign an initiative knowing the [
1098 (d) knowingly and willfully violate any provision of this part.
1099 (2) It is unlawful for any [
1100 packet knowing that:
1101 (a) the [
1102 20A-2-105;
1103 (b) the [
1104 individuals whose names appear in the initiative packet; or
1105 (c) one or more [
1106 either:
1107 (i) not registered to vote in Utah; or
1108 (ii) does not intend to become registered to vote in Utah.
1109 (3) [
1110 misdemeanor.
1111 Section 21. Section 20A-7-513 is amended to read:
1112 20A-7-513. Fiscal review -- Repeal, amendment, or resubmission.
1113 (1) No later than 60 days after the date of an election in which the voters approve an
1114 initiative petition, the budget officer shall:
1115 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
1116 using current financial information and containing the information required by Subsection
1117 20A-7-502.5(2), except for the information required by Subsection 20A-7-502.5(2)(a)(vii); and
1118 (b) deliver a copy of the final fiscal impact statement to:
1119 (i) the local legislative body of the jurisdiction where the initiative was circulated;
1120 (ii) the local clerk; and
1121 (iii) the first [
1122 (2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
1123 or more, the local legislative body shall review the final fiscal impact statement and may, by a
1124 majority vote:
1125 (a) repeal the law established by passage of the initiative;
1126 (b) amend the law established by the passage of the initiative; or
1127 (c) pass a resolution informing the voters that they may file an initiative petition to
1128 repeal the law enacted by the passage of the initiative.
1129 Section 22. Section 20A-7-601 is amended to read:
1130 20A-7-601. Referenda -- General signature requirements -- Signature
1131 requirements for land use laws and subjurisdictional laws -- Time requirements.
1132 [
1133
1134
1135 [
1136
1137
1138 [
1139
1140
1141 [
1142
1143
1144 [
1145
1146
1147 [
1148
1149
1150 [
1151
1152
1153 [
1154
1155 [
1156
1157
1158 [
1159
1160
1161 [
1162
1163
1164 [
1165 [
1166
1167 [
1168
1169
1170 [
1171
1172
1173 [
1174
1175
1176 [
1177
1178
1179 [
1180
1181
1182 [
1183
1184
1185 [
1186
1187
1188 [
1189
1190
1191 (1) As used in this section:
1192 (a) "Land use law" includes a land use development code, an annexation ordinance,
1193 and comprehensive zoning ordinances.
1194 (b) "Number of active voters" means the number of active voters in the county, city, or
1195 town on the immediately preceding January 1.
1196 (c) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
1197 jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
1198 (d) "Subjurisdictional law" means a local law or local obligation law passed by a local
1199 legislative body that imposes a tax or other payment obligation on property in an area that does
1200 not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
1201 (2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
1202 law passed by the local legislative body submitted to a vote of the people shall obtain legal
1203 signatures equal to:
1204 (a) for a metro township with a population of 100,000 or more, a city of the first class,
1205 or a county of the first class, 8.5% of the number of active voters in the metro township, city, or
1206 county;
1207 (b) for a metro township with a population of 65,000 or more but less than 100,000, a
1208 city of the second class, or a county of the second class, 11% of the number of active voters in
1209 the metro township, city, or county;
1210 (c) for a metro township with a population of 30,000 or more but less than 65,000, a
1211 city of the third class, or a county of the third class, 13% of the number of active voters in the
1212 metro township, city, or county;
1213 (d) for a metro township with a population of 10,000 or more but less than 30,000, a
1214 city of the fourth class, or a county of the fourth class, 17.5% of the number of active voters in
1215 the metro township, city, or county;
1216 (e) for a metro township with a population of 1,000 or more but less than 10,000, a city
1217 of the fifth class, or a county of the fifth class, 22% of the number of active voters in the metro
1218 township, city, or county; or
1219 (f) for a metro township with a population of less than 1,000, a town, or a county of the
1220 sixth class, 25.5% of the number of active voters in the metro township, town, or county.
1221 (3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
1222 law or local obligation law passed by the local legislative body submitted to a vote of the
1223 people shall obtain legal signatures equal to:
1224 (a) for a metro township with a population of 65,000 or more, a city of the first or
1225 second class, or a county, 20% of the number of active voters in the metro township, city, or
1226 county; or
1227 (b) for a metro township with a population of less than 65,000, a city of the third,
1228 fourth, or fifth class, or a town, 35% of the number of active voters in the metro township, city,
1229 or town.
1230 (4) An eligible voter seeking to have a subjurisdictional law passed by the local
1231 legislative body submitted to a vote of the people shall obtain legal signatures of the residents
1232 in the subjurisdiction equal to:
1233 (a) for a subjurisdiction with a population of 100,000 or more, 8.5% of the number of
1234 active voters in the subjurisdiction;
1235 (b) for a subjurisdiction with a population of 65,000 or more but less than 100,000,
1236 11% of the number of active voters in the subjurisdiction;
1237 (c) for a subjurisdiction with a population of 30,000 or more but less than 65,000, 13%
1238 of the number of active voters in the subjurisdiction;
1239 (d) for a subjurisdiction with a population of 10,000 or more but less than 30,000,
1240 17.5% of the number of active voters in the subjurisdiction;
1241 (e) for a subjurisdiction with a population of 1,000 or more but less than 10,000, 22%
1242 of the number of active voters in the subjurisdiction; or
1243 (f) for a subjurisdiction with a population of less than 1,000, 25.5% of the number of
1244 active voters in the subjurisdiction.
1245 [
1246
1247 application within [
1248 passed.
1249 (b) Except as provided in Subsection [
1250 declared sufficient, the local law that is the subject of the petition does not take effect unless
1251 and until the local law is approved by a vote of the people.
1252 (c) When a referendum petition challenging a subjurisdictional law has been declared
1253 sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
1254 and until the subjurisdictional law is approved by a vote of the people who reside in the
1255 subjurisdiction.
1256 [
1257 is repealed as of the date of the election.
1258 [
1259 other payment obligation on a subjurisdiction in order to benefit an area outside of the
1260 subjurisdiction.
1261 Section 23. Section 20A-7-602 is amended to read:
1262 20A-7-602. Local referendum process -- Application procedures.
1263 (1) [
1264 application with the local clerk.
1265 (2) The application shall contain:
1266 (a) the name and residence address of at least five sponsors of the referendum petition;
1267 (b) a certification indicating that each of the sponsors[
1268 [
1269
1270 [
1271
1272 (c) a statement indicating that each of the sponsors has voted in an election in Utah in
1273 the last three years;
1274 [
1275 public; and
1276 [
1277 law; or
1278 (ii) if the referendum challenges a local law that is not an ordinance or resolution, a
1279 written description of the local law, including the result of the vote on the local law.
1280 Section 24. Section 20A-7-602.5 is amended to read:
1281 20A-7-602.5. Initial fiscal and legal impact estimate -- Preparation of estimate.
1282 (1) Within three working days after the day on which the local clerk receives an
1283 application for a referendum petition, the local clerk shall submit a copy of the application to
1284 the county, city, or town's budget officer.
1285 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
1286 faith estimate of the fiscal and legal impact of repealing the law the referendum proposes to
1287 repeal that contains:
1288 (i) a dollar amount representing the total estimated fiscal impact of repealing the law;
1289 (ii) if repealing the law would increase or decrease taxes, a dollar amount representing
1290 the total estimated increase or decrease for each type of tax that would be impacted by the law's
1291 repeal and a dollar amount representing the total estimated increase or decrease in taxes that
1292 would result from the law's repeal;
1293 (iii) if repealing the law would result in the issuance or a change in the status of bonds,
1294 notes, or other debt instruments, a dollar amount representing the total estimated increase or
1295 decrease in public debt that would result;
1296 (iv) a listing of all sources of funding for the estimated costs that would be associated
1297 with the law's repeal, showing each source of funding and the percentage of total funding that
1298 would be provided from each source;
1299 (v) a dollar amount representing the estimated costs or savings, if any, to state and
1300 local government entities if the law were repealed;
1301 (vi) the legal impacts that would result from repealing the law, including:
1302 (A) any significant effects on a person's vested property rights;
1303 (B) any significant effects on other laws or ordinances;
1304 (C) any significant legal liability the city, county, or town may incur; and
1305 (D) any other significant legal impact as determined by the budget officer and the legal
1306 counsel; and
1307 (vii) a concise explanation, not exceeding 100 words, of the above information and of
1308 the estimated fiscal impact, if any, if the law were repealed.
1309 (b) (i) If repealing the law would have no fiscal impact, the local budget officer shall
1310 include a summary statement in the initial fiscal impact statement in substantially the following
1311 form:
1312 "The (title of the local budget officer) estimates that repealing the law this referendum
1313 proposes to repeal would have no significant fiscal impact and would not result in either an
1314 increase or decrease in taxes or debt."
1315 (ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
1316 shall include a summary statement describing the fiscal impact.
1317 (iii) If the estimated fiscal impact of repealing the law is highly variable or is otherwise
1318 difficult to reasonably express in a summary statement, the local budget officer may include in
1319 the summary statement a brief explanation that identifies those factors impacting the variability
1320 or difficulty of the estimate.
1321 (3) Within 25 calendar days after the day on which the local clerk submits a copy of the
1322 application under Subsection (1), the budget officer shall:
1323 (a) deliver a copy of the initial fiscal impact estimate, including the legal impact
1324 estimate, to the local clerk's office; and
1325 (b) mail a copy of the initial fiscal impact estimate, including the legal impact estimate,
1326 to the first [
1327 Section 25. Section 20A-7-602.7 is enacted to read:
1328 20A-7-602.7. Referability to voters.
1329 (1) Within 20 days after the day on which an eligible voter files an application to
1330 circulate a referendum petition under Section 20A-7-602, the county, city, town, or metro
1331 township to which the initiative pertains shall:
1332 (a) review the application to determine whether the proposed referendum is legally
1333 referable to voters; and
1334 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
1335 (i) legally referable to voters; or
1336 (ii) rejected as not legally referable to voters.
1337 (2) A proposed referendum is legally referable to voters unless:
1338 (a) the proposed referendum challenges an action that is administrative, rather than
1339 legislative, in nature;
1340 (b) the proposed referendum challenges more than one law passed by the local
1341 legislative body; or
1342 (c) the application for the proposed referendum was not timely filed or does not
1343 comply with the requirements of this part.
1344 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
1345 or metro township may not:
1346 (a) reject a proposed referendum as not legally referable to voters; or
1347 (b) challenge, in a legal action or otherwise, a proposed referendum on the grounds that
1348 the proposed referendum is not legally referable to voters.
1349 (4) If a county, city, town, or metro township rejects a proposed referendum, a sponsor
1350 of the proposed referendum may, within 10 days after the day on which a sponsor is notified
1351 under Subsection (1)(b), appeal the decision to:
1352 (a) district court; or
1353 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
1354 (5) If, on appeal, the court determines that the proposed referendum is legally referable
1355 to voters, the local clerk shall comply with Subsection 20A-7-604(2) within five days after the
1356 day on which the determination, and any appeal of the determination, is final.
1357 Section 26. Section 20A-7-603 is amended to read:
1358 20A-7-603. Form of referendum petition and signature sheets.
1359 (1) (a) Each proposed referendum petition shall be printed in substantially the
1360 following form:
1361 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
1362 Recorder/Town Clerk:
1363 We, the undersigned citizens of Utah, respectfully order that (description of local law or
1364 portion of local law being challenged), passed by the ____ be referred to the voters for their
1365 approval or rejection at the regular/municipal general election to be held on
1366 __________(month\day\year);
1367 Each signer says:
1368 I have personally signed this petition;
1369 I am registered to vote in Utah or intend to become registered to vote in Utah before the
1370 certification of the petition names by the county clerk; and
1371 My residence and post office address are written correctly after my name."
1372 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
1373 referendum to each referendum petition.
1374 (2) Each signature sheet shall:
1375 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1376 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1377 that line blank for the purpose of binding;
1378 (c) contain the title of the referendum printed below the horizontal line;
1379 (d) contain the word "Warning" printed or typed at the top of each signature sheet
1380 under the title of the referendum;
1381 (e) contain, to the right of the word "Warning," the following statement printed or
1382 typed in not less than eight-point, single-leaded type:
1383 "It is a class A misdemeanor for an individual to sign a referendum petition with any
1384 other name than the individual's own name, or to knowingly sign the individual's name more
1385 than once for the same measure, or to sign a referendum petition when the individual knows
1386 that the individual is not a registered voter and knows that the individual does not intend to
1387 become registered to vote before the certification of the petition names by the county clerk.";
1388 (f) contain horizontally ruled lines three-eighths inch apart under the "Warning"
1389 statement required by this section;
1390 (g) be vertically divided into columns as follows:
1391 (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
1392 wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
1393 the middle;
1394 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
1395 Name (must be legible to be counted)";
1396 (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
1397 Voter";
1398 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
1399 and
1400 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1401 Code";
1402 (h) spanning the sheet horizontally beneath each row on which a registered voter may
1403 submit the information described in Subsection (2)(g), contain the following statement printed
1404 or typed in not less than eight-point, single-leaded type: "By signing this petition, you are
1405 stating that you have read and understand the law this petition seeks to overturn."; and
1406 (i) at the bottom of the sheet, contain the following statement: "Birth date or age
1407 information is not required, but it may be used to verify your identity with voter registration
1408 records. If you choose not to provide it, your signature may not be verified as a valid signature
1409 if you change your address before petition signatures are verified or if the information you
1410 provide does not match your voter registration records."
1411 (3) The final page of each referendum packet shall contain the following printed or
1412 typed statement:
1413 "Verification
1414 State of Utah, County of ____
1415 I, _______________, of ____, hereby state that:
1416 I am a resident of Utah and am at least 18 years old;
1417 All the names that appear in this referendum packet were signed by [
1418 individuals who professed to be the [
1419 of [
1420 I believe that each individual has printed and signed [
1421 written [
1422 registered to vote in Utah or intends to become registered to vote before the certification of the
1423 petition names by the county clerk.
1424 _____________________________"
1425 (4) The forms prescribed in this section are not mandatory, and, if substantially
1426 followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical
1427 errors.
1428 Section 27. Section 20A-7-604 is amended to read:
1429 20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
1430 materials.
1431 (1) In order to obtain the necessary number of signatures required by this part, the
1432 sponsors shall, after the sponsors receive the documents described in Subsections (2)(a) and
1433 (b), circulate referendum packets that meet the form requirements of this part.
1434 (2) Within five days after the day on which a [
1435
1436 court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
1437 legally referable to voters, the local clerk shall furnish to the sponsors:
1438 (a) five copies of the referendum petition; and
1439 (b) five signature sheets.
1440 (3) The sponsors of the petition shall:
1441 (a) arrange and pay for the printing of all additional copies of the petition and signature
1442 sheets; and
1443 (b) ensure that the copies of the petition and signature sheets meet the form
1444 requirements of this section.
1445 (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
1446 referendum packets.
1447 (b) The sponsors shall create those packets by binding a copy of the referendum
1448 petition, a copy of the law that is the subject of the referendum, and no more than 50 signature
1449 sheets together at the top in such a way that the packets may be conveniently opened for
1450 signing.
1451 (c) The sponsors need not attach a uniform number of signature sheets to each
1452 referendum packet.
1453 (5) (a) After the sponsors have prepared sufficient referendum packets, they shall
1454 return them to the local clerk.
1455 (b) The local clerk shall:
1456 (i) number each of the referendum packets and return [
1457 sponsors within [
1458 Subsection (5)(a); and
1459 (ii) keep a record of the numbers assigned to each packet.
1460 Section 28. Section 20A-7-605 is amended to read:
1461 20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
1462 (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
1463 resides in the local jurisdiction.
1464 (2) (a) The sponsors shall ensure that the [
1465 signature sheet was signed:
1466 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1467 and
1468 (ii) verifies each signature sheet by completing the verification printed on the last page
1469 of each referendum packet.
1470 (b) [
1471 the referendum packet if the [
1472 packet.
1473 (3) (a) Any voter who has signed a referendum petition may have the voter's signature
1474 removed from the petition by submitting a notarized statement to that effect to the local clerk.
1475 (b) Except as provided in Subsection (3)(c), upon receipt of the statement, the local
1476 clerk shall remove the signature of the [
1477 referendum petition.
1478 (c) A local clerk may not remove signatures from a referendum petition after the
1479 petition has been submitted to the county clerk to be certified.
1480 Section 29. Section 20A-7-606.3 is amended to read:
1481 20A-7-606.3. Verification of petition signatures.
1482 (1) (a) For the purposes of this section, "substantially similar name" means:
1483 (i) the given name and surname shown on the petition, or both, contain only minor
1484 spelling differences when compared to the given name and surname shown on the official
1485 register;
1486 (ii) the surname shown on the petition exactly matches the surname shown on the
1487 official register, and the given names differ only because one of the given names shown is a
1488 commonly used abbreviation or variation of the other;
1489 (iii) the surname shown on the petition exactly matches the surname shown on the
1490 official register, and the given names differ only because one of the given names shown is
1491 accompanied by a first or middle initial or a middle name which is not shown on the other
1492 record; or
1493 (iv) the surname shown on the petition exactly matches the surname shown on the
1494 official register, and the given names differ only because one of the given names shown is an
1495 alphabetically corresponding initial that has been provided in the place of a given name shown
1496 on the other record.
1497 (b) For the purposes of this section, "substantially similar name" does not mean a name
1498 having an initial or a middle name shown on the petition that does not match a different initial
1499 or middle name shown on the official register.
1500 (2) The county clerk shall use the following procedures in determining whether or not a
1501 signer is a registered voter:
1502 (a) When a signer's name and address shown on the petition exactly match a name and
1503 address shown on the official register and the signer's signature appears substantially similar to
1504 the signature on the statewide voter registration database, the county clerk shall declare the
1505 signature valid.
1506 (b) When there is no exact match of an address and a name, the county clerk shall
1507 declare the signature valid if:
1508 (i) the address on the petition matches the address of [
1509 official register with a substantially similar name; and
1510 (ii) the signer's signature appears substantially similar to the signature on the statewide
1511 voter registration database of the [
1512 (c) When there is no match of an address and a substantially similar name, the county
1513 clerk shall declare the signature valid if:
1514 (i) the birth date or age on the petition matches the birth date or age of [
1515 individual on the official register with a substantially similar name; and
1516 (ii) the signer's signature appears substantially similar to the signature on the statewide
1517 voter registration database of the [
1518 (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1519 clerk shall declare the signature to be invalid.
1520 Section 30. Section 20A-7-607 is amended to read:
1521 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
1522 referendum.
1523 (1) When each referendum packet is received from a county clerk, the local clerk shall
1524 check off from the local clerk's record the number of each referendum packet filed.
1525 (2) Within [
1526 referendum packet from a county clerk, the local clerk shall:
1527 (a) count the number of the names certified by the county clerks that appear on each
1528 verified signature sheet;
1529 (b) if the total number of certified names from each verified signature sheet equals or
1530 exceeds the number of names required by Section 20A-7-601 and the requirements of this part
1531 are met, mark upon the front of the petition the word "sufficient";
1532 (c) if the total number of certified names from each verified signature sheet does not
1533 equal or exceed the number of names required by Section 20A-7-601 or a requirement of this
1534 part is not met, mark upon the front of the petition the word "insufficient"; and
1535 (d) notify any one of the sponsors of the local clerk's finding.
1536 (3) If the local clerk finds the total number of certified signatures from each verified
1537 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1538 for a recount of the signatures appearing on the referendum petition in the presence of any
1539 sponsor.
1540 [
1541
1542
1543 [
1544
1545
1546 [
1547
1548 [
1549
1550 [
1551
1552
1553 [
1554 qualified for the ballot.
1555 (5) If a referendum relates to legislative action taken after April 15, the election officer
1556 may not place the referendum on an election ballot until the following year.
1557 Section 31. Section 20A-7-608 is amended to read:
1558 20A-7-608. Ballot title -- Duties of local clerk and local attorney.
1559 (1) Whenever a referendum petition is declared sufficient for submission to a vote of
1560 the people, the local clerk shall deliver a copy of the petition and the proposed law to the local
1561 attorney.
1562 (2) The local attorney shall:
1563 (a) entitle each county or municipal referendum that has qualified for the ballot
1564 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
1565 (b) prepare a proposed ballot title for the referendum;
1566 (c) file the proposed ballot title and the numbered referendum titles with the local clerk
1567 within 15 days after the date the referendum petition is declared sufficient for submission to a
1568 vote of the people; and
1569 (d) promptly provide notice of the filing of the proposed ballot title to:
1570 (i) the sponsors of the petition; and
1571 (ii) the local legislative body for the jurisdiction where the referendum petition was
1572 circulated.
1573 (3) (a) The ballot title may be distinct from the title of the law that is the subject of the
1574 petition, and shall express, in not exceeding 100 words, the purpose of the measure.
1575 (b) In preparing a ballot title, the local attorney shall, to the best of [
1576 attorney's ability, give a true and impartial statement of the purpose of the measure.
1577 (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
1578 for or against the measure.
1579 (4) (a) Within five calendar days after the date the local attorney files a proposed ballot
1580 title under Subsection (2)(c), the local legislative body for the jurisdiction where the
1581 referendum petition was circulated and the sponsors of the petition may file written comments
1582 in response to the proposed ballot title with the local clerk.
1583 (b) Within five calendar days after the last date to submit written comments under
1584 Subsection (4)(a), the local attorney shall:
1585 (i) review any written comments filed in accordance with Subsection (4)(a);
1586 (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
1587 (iii) return the petition and file the ballot title with the local clerk.
1588 (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
1589 be printed on the official ballot.
1590 (5) Immediately after the local attorney files a copy of the ballot title with the local
1591 clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
1592 petition and the local legislative body for the jurisdiction where the referendum petition was
1593 circulated.
1594 (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
1595 comply with the requirements of this section, the decision of the local attorney may be
1596 appealed [
1597 to the Supreme Court [
1598 (i) at least three sponsors of the referendum petition; or
1599 (ii) a majority of the local legislative body for the jurisdiction where the referendum
1600 petition was circulated.
1601 (b) The [
1602 (i) shall examine the measures and consider the arguments[
1603 (ii) may certify to the local clerk a ballot title for the measure that fulfills the intent of
1604 this section.
1605 (c) The local clerk shall print the title certified by the [
1606 official ballot.
1607 Section 32. Section 20A-7-609.5 is amended to read:
1608 20A-7-609.5. Election on referendum challenging local tax law conducted entirely
1609 by absentee ballot.
1610 (1) An election officer may administer an election on a referendum challenging a local
1611 tax law entirely by absentee ballot.
1612 (2) For purposes of an election conducted under this section, the election officer shall:
1613 (a) designate as the election day the day that is 30 days after the day on which the
1614 election officer complies with Subsection (2)(b); and
1615 (b) within 30 days after the day on which the referendum described in Subsection (1)
1616 qualifies for the ballot, mail to each registered voter within the voting precincts to which the
1617 local tax law applies:
1618 (i) an absentee ballot;
1619 (ii) a statement that there will be no polling place in the voting precinct for the
1620 election;
1621 (iii) a statement specifying the election day described in Subsection (2)(a);
1622 (iv) a business reply mail envelope;
1623 (v) instructions for returning the ballot that include an express notice about any
1624 relevant deadlines that the voter must meet in order for the voter's vote to be counted; [
1625 (vi) a warning, on a separate page of colored paper in boldface print, indicating that if
1626 the voter fails to follow the instructions included with the absentee ballot, the voter will be
1627 unable to vote in that election because there will be no polling place in the voting precinct on
1628 the day of the election[
1629 (vii) (A) a copy of the proposition information pamphlet relating to the referendum if a
1630 proposition information pamphlet relating to the referendum was published under Section
1631 20A-7-401.5; or
1632 (B) a website address where an individual may view a copy of the proposition
1633 information pamphlet described in Subsection (2)(b)(vii)(A).
1634 (3) A voter who votes by absentee ballot under this section is not required to apply for
1635 an absentee ballot as required by this part.
1636 (4) An election officer who administers an election under this section shall:
1637 (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
1638 the election; or
1639 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1640 and
1641 (b) maintain the signatures on file in the election officer's office.
1642 (5) (a) Upon receiving the returned absentee ballots under this section, the election
1643 officer shall compare the signature on each absentee ballot with the voter's signature that is
1644 maintained on file and verify that the signatures are the same.
1645 (b) If the election officer questions the authenticity of the signature on the absentee
1646 ballot, the election officer shall immediately contact the voter to verify the signature.
1647 (c) If the election officer determines that the signature on the absentee ballot does not
1648 match the voter's signature that is maintained on file, the election officer shall:
1649 (i) unless the absentee ballot application deadline described in Section 20A-3-304 has
1650 passed, immediately send another absentee ballot and other voting materials as required by this
1651 section to the voter; and
1652 (ii) disqualify the initial absentee ballot.
1653 Section 33. Section 20A-7-610 is amended to read:
1654 20A-7-610. Return and canvass -- Conflicting measures -- Law effective on
1655 proclamation.
1656 (1) The votes on the [
1657 referendum petition shall be counted, canvassed, and delivered as provided in Title 20A,
1658 Chapter 4, Part 3, Canvassing Returns.
1659 (2) After the local board of canvassers completes [
1660 certify to the local legislative body the vote for and against the [
1661 that is the subject of the referendum petition.
1662 (3) (a) The local legislative body shall immediately issue a proclamation that:
1663 (i) gives the total number of votes cast in the local jurisdiction for and against each
1664 [
1665 (ii) declares those laws [
1666 were approved by majority vote to be in full force and effect as the law of the local jurisdiction.
1667 (b) When the local legislative body determines that two proposed laws, or that parts of
1668 two proposed laws approved by the people at the same election are entirely in conflict, they
1669 shall proclaim that measure to be law that has received the greatest number of affirmative
1670 votes, regardless of the difference in the majorities which those measures have received.
1671 (4) (a) Within 10 days after the local legislative body's proclamation, any qualified
1672 voter [
1673 that is declared by the local legislative body to be superseded by another measure approved at
1674 the same election may apply to the district court, or, if the Supreme Court has original
1675 jurisdiction, the Supreme Court to review the decision.
1676 (b) The [
1677 (i) consider the matter and decide whether [
1678 and
1679 (ii) certify [
1680 (5) Within 10 days after the [
1681 certifies the decision, the local legislative body shall:
1682 (a) proclaim [
1683 [
1684 (b) [
1685
1686 that received the greatest number of affirmative votes, regardless of the difference in
1687 majorities.
1688 Section 34. Section 20A-7-612 is amended to read:
1689 20A-7-612. Misconduct of electors and officers -- Penalty.
1690 (1) It is unlawful for [
1691 (a) sign any name other than [
1692 petition;
1693 (b) knowingly sign [
1694 one election;
1695 (c) sign a referendum knowing [
1696 (d) knowingly and willfully violate any provision of this part.
1697 (2) It is unlawful for [
1698 referendum packet knowing that:
1699 (a) [
1700 (b) [
1701 individuals whose names appear in the referendum packet; or
1702 (c) one or more [
1703 packet is either:
1704 (i) not registered to vote in Utah; or
1705 (ii) does not intend to become registered to vote in Utah.
1706 (3) [
1707 misdemeanor.
1708 (4) The county attorney or municipal attorney shall prosecute any violation of this
1709 section.
1710 Section 35. Section 20A-11-1202 is amended to read:
1711 20A-11-1202. Definitions.
1712 As used in this part:
1713 (1) "Applicable election officer" means:
1714 (a) a county clerk, if the email relates only to a local election; or
1715 (b) the lieutenant governor, if the email relates to an election other than a local
1716 election.
1717 (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
1718 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
1719 the voters for their approval or rejection.
1720 (3) "Campaign contribution" means any of the following when done for a political
1721 purpose or to advocate for or against a ballot proposition:
1722 (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
1723 given to a filing entity;
1724 (b) an express, legally enforceable contract, promise, or agreement to make a gift,
1725 subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
1726 of value to a filing entity;
1727 (c) any transfer of funds from another reporting entity to a filing entity;
1728 (d) compensation paid by any person or reporting entity other than the filing entity for
1729 personal services provided without charge to the filing entity;
1730 (e) remuneration from:
1731 (i) any organization or the organization's directly affiliated organization that has a
1732 registered lobbyist; or
1733 (ii) any agency or subdivision of the state, including a school district; or
1734 (f) an in-kind contribution.
1735 (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
1736 agency that receives its revenues from conduct of its commercial operations.
1737 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
1738 cooperation agency that receives some or all of its revenues from:
1739 (i) government appropriations;
1740 (ii) taxes;
1741 (iii) government fees imposed for regulatory or revenue raising purposes; or
1742 (iv) interest earned on public funds or other returns on investment of public funds.
1743 (5) "Expenditure" means:
1744 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1745 or anything of value;
1746 (b) an express, legally enforceable contract, promise, or agreement to make any
1747 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1748 value;
1749 (c) a transfer of funds between a public entity and a candidate's personal campaign
1750 committee;
1751 (d) a transfer of funds between a public entity and a political issues committee; or
1752 (e) goods or services provided to or for the benefit of a candidate, a candidate's
1753 personal campaign committee, or a political issues committee for political purposes at less than
1754 fair market value.
1755 (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
1756 (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
1757 agency that receives some or all of its revenues from:
1758 (a) government appropriations;
1759 (b) taxes;
1760 (c) government fees imposed for regulatory or revenue raising purposes; or
1761 (d) interest earned on public funds or other returns on investment of public funds.
1762 (8) [
1763 [
1764
1765 (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
1766 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
1767 (10) "Local district" means an entity under Title 17B, Limited Purpose Local
1768 Government Entities - Local Districts, and includes a special service district under Title 17D,
1769 Chapter 1, Special Service District Act.
1770 (11) "Political purposes" means an act done with the intent or in a way to influence or
1771 intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1772 against any:
1773 (a) candidate for public office at any caucus, political convention, primary, or election;
1774 or
1775 (b) judge standing for retention at any election.
1776 (12) "Proposed initiative" means an initiative proposed in an application filed under
1777 Section 20A-7-202 or 20A-7-502.
1778 (13) "Proposed referendum" means a referendum proposed in an application filed
1779 under Section 20A-7-302 or 20A-7-602.
1780 [
1781 municipality, school district, local district, governmental interlocal cooperation agency, and
1782 each administrative subunit of each of them.
1783 (b) "Public entity" does not include a commercial interlocal cooperation agency.
1784 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
1785 Department of Health Organization.
1786 [
1787 appropriations, taxes, fees, interest, or other returns on investment.
1788 (b) "Public funds" does not include money donated to a public entity by a person or
1789 entity.
1790 [
1791 with authority to make or determine public policy.
1792 (b) "Public official" includes the person or group that:
1793 (i) has supervisory authority over the personnel and affairs of a public entity; and
1794 (ii) approves the expenditure of funds for the public entity.
1795 [
1796 20A-11-101.
1797 [
1798 agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory,
1799 library, unit, bureau, panel, or other administrative unit of the state.
1800 (b) "State agency" includes the legislative branch, the Board of Regents, the
1801 institutional councils of each higher education institution, and each higher education
1802 institution.
1803 Section 36. Section 20A-11-1203 is amended to read:
1804 20A-11-1203. Public entity prohibited from expending public funds on certain
1805 electoral matters.
1806 (1) Unless specifically required by law, and except as provided in Section
1807 20A-11-1206, a public entity may not make an expenditure from public funds for political
1808 purposes [
1809 proposed referendum.
1810 (2) A violation of this section does not invalidate an otherwise valid election.
1811 Section 37. Section 20A-11-1205 is amended to read:
1812 20A-11-1205. Use of public email for a political purpose.
1813 (1) Except as provided in Subsection (5), a person may not send an email using the
1814 email of a public entity:
1815 (a) for a political purpose;
1816 (b) to advocate for or against a [
1817 proposed referendum, or referendum; or
1818 (c) to solicit a campaign contribution.
1819 (2) The applicable election officer shall impose a civil fine against a person who
1820 violates Subsection (1) as follows:
1821 (a) up to $250 for a first violation; and
1822 (b) except as provided in Subsection (3), for each subsequent violation committed after
1823 any applicable election officer imposes a fine against the person for a first violation, $1,000
1824 multiplied by the number of violations committed by the person.
1825 (3) The applicable election officer shall consider a violation of this section as a first
1826 violation if the violation is committed more than seven years after the day on which the person
1827 last committed a violation of this section.
1828 (4) For purposes of this section, one violation means one act of sending an email,
1829 regardless of the number of recipients of the email.
1830 (5) A person does not violate this section if:
1831 (a) the lieutenant governor finds that the email described in Subsection (1) was
1832 inadvertently sent by the person [
1833 entity[
1834 (b) the person is directly providing information solely to another person or a group of
1835 people in response to a question asked by the other person or group of people;
1836 (c) the information the person emails is an argument or rebuttal argument prepared
1837 under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing argument and
1838 rebuttal argument that:
1839 (i) relates to the same proposed initiative, initiative, proposed referendum, or
1840 referendum; and
1841 (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
1842 (d) the person is engaging in internal communication regarding the preparation of:
1843 (i) a written argument described in Section 20A-7-401.5;
1844 (ii) a written rebuttal argument described in Section 20A-7-402; or
1845 (iii) an initial fiscal and legal impact estimate described in Section 20A-7-502.5 or
1846 20A-7-602.5.
1847 (6) A violation of this section does not invalidate an otherwise valid election.
1848 Section 38. Section 20A-11-1206 is amended to read:
1849 20A-11-1206. Exclusions.
1850 (1) Nothing in this chapter prohibits a public official from speaking, campaigning,
1851 contributing personal money, or otherwise exercising the public official's individual First
1852 Amendment rights for political purposes.
1853 (2) (a) [
1854 entity from providing factual information about a ballot proposition to the public, so long as the
1855 information grants equal access to both the opponents and proponents of the ballot proposition.
1856 (b) A county or municipality may not provide any information to the public about a
1857 proposed initiative, initiative, proposed referendum, or referendum unless the county or
1858 municipality:
1859 (i) provides the information in a manner required, or expressly permitted, by law; or
1860 (ii) is directly providing information solely to a person or a group of people in response
1861 to a question asked by the person or group of people.
1862 (3) Nothing in this chapter prohibits a public entity from the neutral encouragement of
1863 voters to vote.
1864 (4) Nothing in this chapter prohibits an elected official from campaigning or
1865 advocating for or against a ballot proposition.
1866 (5) Subject to Subsection (6), a county or municipality may expend a reasonable
1867 amount of public funds to:
1868 (a) prepare and publish a written argument or written rebuttal argument in accordance
1869 with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or
1870 (b) prepare an argument for, and present an argument at, a public meeting under
1871 Section 20A-7-405 or 59-1-1605.
1872 (6) A county or municipality may not:
1873 (a) publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or
1874 20A-7-402, unless, at the same time and in the same manner, the county or municipality
1875 publishes each opposing argument and rebuttal argument that:
1876 (i) relates to the same proposed initiative, initiative, proposed referendum, or
1877 referendum; and
1878 (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402;
1879 (b) publish an argument or rebuttal argument for or against a proposed initiative,
1880 initiative, proposed referendum, or referendum that was not prepared and submitted in
1881 accordance with Section 20A-7-401.5 or 20A-7-402; or
1882 (c) present an argument or rebuttal argument for or against a proposed initiative,
1883 initiative, proposed referendum, or referendum at a public meeting, unless the county or
1884 municipality provides equal opportunity for persons to present opposing arguments and rebuttal
1885 arguments at the public meeting.
1886 Section 39. Section 63I-2-220 is amended to read:
1887 63I-2-220. Repeal dates, Title 20A.
1888 (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
1889 (2) Section 20A-5-804 is repealed July 1, 2023.
1890 (3) Section 20A-7-407 is repealed January 1, 2020.
1891 [
1892 10-2a-302," is repealed.
1893 Section 40. Revisor instructions.
1894 The Legislature intends that the Office of Legislative Research and General Counsel, in
1895 preparing the Utah Code database for publication, replace the reference in Subsection
1896 20A-7-407(1)(b) from "this bill" to the bill's designated chapter number in the Laws of Utah.