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8 LONG TITLE
9 General Description:
10 This bill amends provisions of the Election Code relating to initiatives, referenda, and
11 political activities of public entities.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ provides for the publication of a proposition information pamphlet to inform voters
16 of arguments for and against proposed and pending local initiatives and referenda;
17 ▸ amends provisions relating to a local voter information pamphlet;
18 ▸ enacts provisions for holding a public hearing to discuss and present arguments
19 relating to a proposed or pending local initiative or referendum;
20 ▸ requires the lieutenant governor to create instructional materials regarding local
21 initiatives and referenda;
22 ▸ modifies requirements relating to local initiatives and referenda, including:
23 • petition, petition circulation, and petition signature requirements;
24 • timelines; and
25 • appeals and other challenges;
26 ▸ enacts provisions relating to determining whether a proposed local initiative or
27 referendum is legally referable to voters;
28 ▸ amends provisions regarding the use of email, and the expenditure of public funds,
29 for political purposes relating to proposed and pending initiatives and referenda;
30 ▸ requires certain municipalities to establish voter participation areas;
31 ▸ modifies signature requirements for a local initiative or referendum;
32 ▸ establishes procedures and requirements relating to a referendum for a local land
33 use law;
34 ▸ modifies a referendum petition and signature sheets for a local referendum;
35 ▸ amends provisions relating to unlawful verification of a local referendum packet;
36 ▸ modifies signature submission requirements, and signature removal procedures and
37 requirements, relating to a local referendum;
38 ▸ amends provisions regarding the use of email, and the expenditure of public funds,
39 for political purposes relating to proposed and pending local initiatives and
40 referenda;
41 ▸ regulates the dissemination of information regarding a proposed or pending
42 initiative or referendum by a county or municipality; and
43 ▸ makes technical and conforming amendments.
44 Money Appropriated in this Bill:
45 None
46 Other Special Clauses:
47 This bill provides revisor instructions.
48 Utah Code Sections Affected:
49 AMENDS:
50 11-14-301, as last amended by Laws of Utah 2018, Chapter 284
51 20A-7-101, as last amended by Laws of Utah 2017, Chapter 291
52 20A-7-402, as last amended by Laws of Utah 2017, Chapters 91, 147, and 291
53 20A-7-501, as last amended by Laws of Utah 2016, Chapter 176
54 20A-7-502, as last amended by Laws of Utah 2017, Chapter 291
55 20A-7-502.5, as last amended by Laws of Utah 2017, Chapter 291
56 20A-7-504, as last amended by Laws of Utah 2016, Chapter 365
57 20A-7-505, as last amended by Laws of Utah 2012, Chapter 72
58 20A-7-506, as last amended by Laws of Utah 2012, Chapter 72
59 20A-7-506.3, as last amended by Laws of Utah 2011, Chapter 17
60 20A-7-507, as last amended by Laws of Utah 2011, Chapter 17
61 20A-7-508, as last amended by Laws of Utah 2017, Chapter 291
62 20A-7-509, as last amended by Laws of Utah 2009, Chapter 202
63 20A-7-510, as last amended by Laws of Utah 2010, Chapter 367
64 20A-7-512, as last amended by Laws of Utah 2013, Chapter 253
65 20A-7-513, as last amended by Laws of Utah 2017, Chapter 291
66 20A-7-601, as last amended by Laws of Utah 2016, Chapter 365
67 20A-7-602, as last amended by Laws of Utah 2016, Chapter 365
68 20A-7-602.5, as enacted by Laws of Utah 2014, Chapter 364
69 20A-7-603, as last amended by Laws of Utah 2016, Chapter 365
70 20A-7-604, as last amended by Laws of Utah 2016, Chapter 365
71 20A-7-605, as last amended by Laws of Utah 2012, Chapter 72
72 20A-7-606.3, as last amended by Laws of Utah 2011, Chapter 17
73 20A-7-607, as last amended by Laws of Utah 2014, Chapter 396
74 20A-7-608, as last amended by Laws of Utah 2008, Chapter 315
75 20A-7-609.5, as enacted by Laws of Utah 2014, Chapter 396
76 20A-7-610, as last amended by Laws of Utah 2010, Chapter 367
77 20A-7-612, as last amended by Laws of Utah 2001, Chapter 20
78 20A-7-613, as last amended by Laws of Utah 2016, Chapters 350, 365, and 367
79 20A-11-1202, as last amended by Laws of Utah 2017, Chapter 68
80 20A-11-1203, as last amended by Laws of Utah 2015, Chapter 435
81 20A-11-1205, as last amended by Laws of Utah 2018, Chapter 44
82 20A-11-1206, as enacted by Laws of Utah 2015, Chapter 435
83 63I-2-220, as last amended by Laws of Utah 2018, Chapters 187 and 458
84 ENACTS:
85 20A-7-401.3, Utah Code Annotated 1953
86 20A-7-401.5, Utah Code Annotated 1953
87 20A-7-405, Utah Code Annotated 1953
88 20A-7-406, Utah Code Annotated 1953
89 20A-7-407, Utah Code Annotated 1953
90 20A-7-502.7, Utah Code Annotated 1953
91 20A-7-602.7, Utah Code Annotated 1953
92 20A-7-602.8, Utah Code Annotated 1953
93 Utah Code Sections Affected by Revisor Instructions:
94 20A-7-407, Utah Code Annotated 1953
95
96 Be it enacted by the Legislature of the state of Utah:
97 Section 1. Section 11-14-301 is amended to read:
98 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
99 under constitutional and statutory limitations.
100 (1) If the governing body has declared the bond proposition to have carried and no
101 contest has been filed, or if a contest has been filed and favorably terminated, the governing
102 body may proceed to issue the bonds voted at the election.
103 (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
104 otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
105 more than 10 years after the day on which the election is held.
106 (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
107 10-year period:
108 (i) an application for a referendum petition is filed with a local clerk, in accordance
109 with Section 20A-7-602 [
110 law relating to the bonds; or
111 (ii) the bonds are challenged in a court of law or an administrative proceeding in
112 relation to:
113 (A) the legality or validity of the bonds, or the election or proceedings authorizing the
114 bonds;
115 (B) the authority of the local political subdivision to issue the bonds;
116 (C) the provisions made for the security or payment of the bonds; or
117 (D) any other issue that materially and adversely affects the marketability of the bonds,
118 as determined by the individual or body that holds the executive powers of the local political
119 subdivision.
120 (c) [
121 8, 2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
122 later of the day on which:
123 (i) the local clerk determines that the petition is insufficient, in accordance with
124 Subsection 20A-7-607(2)(c), unless an application, described in Subsection 20A-7-607(4)(a), is
125 made to [
126 (ii) [
127 the petition for the referendum is not legally sufficient; or
128 (iii) for a referendum petition that is sufficient, the governing body declares, as
129 provided by law, the results of the referendum election on the local obligation law.
130 (d) For a bond described in this section that was approved by voters on or after May
131 14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
132 (i) if a county, city, town, metro township, or court determines, under Section
133 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
134 (A) the day on which the county, city, town, or metro township provides the notice
135 described in Subsection 20A-7-602.7(1)(b)(ii); or
136 (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
137 decision that the proposed referendum is not legally referable to voters becomes final; or
138 (ii) if a county, city, town, metro township, or court determines, under Section
139 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
140 (A) the day on which the local clerk determines, under Section 20A-7-607, that the
141 number of certified names is insufficient for the proposed referendum to appear on the ballot;
142 or
143 (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
144 names is sufficient for the proposed referendum to appear on the ballot, the day on which the
145 governing body declares, as provided by law, the results of the referendum election on the local
146 obligation law.
147 [
148 (i) there is a final settlement, a final adjudication, or another type of final resolution of
149 all challenges described in Subsection (2)(b)(ii); and
150 (ii) the individual or body that holds the executive powers of the local political
151 subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
152 are resolved and final.
153 [
154 Subsection (2) and, when the tolling ends and after giving effect to the tolling, the period of
155 time remaining to issue the bonds is less than one year, the period of time remaining to issue
156 the bonds shall be extended to one year.
157 [
158 described in this section that were approved by voters on or after May 8, 2002.
159 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
160 the indebtedness of the local political subdivision to exceed that permitted by the Utah
161 Constitution or statutes.
162 (b) In computing the amount of indebtedness that may be incurred pursuant to
163 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
164 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
165 of the taxable property in the local political subdivision, as computed from the last applicable
166 equalized assessment roll before the incurring of the additional indebtedness.
167 (c) In determining the fair market value of the taxable property in the local political
168 subdivision as provided in this section, the value of all tax equivalent property, as defined in
169 Section 59-3-102, shall be included as a part of the total fair market value of taxable property
170 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
171 Act.
172 (4) Bonds of improvement districts issued in a manner that they are payable solely
173 from the revenues to be derived from the operation of the facilities of the district may not be
174 included as bonded indebtedness for the purposes of the computation.
175 (5) Where bonds are issued by a city, town, or county payable solely from revenues
176 derived from the operation of revenue-producing facilities of the city, town, or county, or
177 payable solely from a special fund into which are deposited excise taxes levied and collected by
178 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
179 city, town, or county, or any combination of those excise taxes, the bonds shall be included as
180 bonded indebtedness of the city, town, or county only to the extent required by the Utah
181 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
182 town, or county need not be authorized at an election, except as otherwise provided by the Utah
183 Constitution, the bonds being hereby expressly excluded from the election requirement of
184 Section 11-14-201.
185 (6) A bond election is not void when the amount of bonds authorized at the election
186 exceeded the limitation applicable to the local political subdivision at the time of holding the
187 election, but the bonds may be issued from time to time in an amount within the applicable
188 limitation at the time the bonds are issued.
189 (7) (a) A local political subdivision may not receive, from the issuance of bonds
190 approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
191 maximum principal amount stated in the bond proposition.
192 (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
193 held after January 1, 2019.
194 Section 2. Section 20A-7-101 is amended to read:
195 20A-7-101. Definitions.
196 As used in this chapter:
197 (1) "Budget officer" means:
198 (a) for a county, the person designated as budget officer in Section 17-19a-203;
199 (b) for a city, the person designated as budget officer in Subsection 10-6-106(5);
200 (c) for a town, the town council; or
201 (d) for a metro township, the person described in Subsection (1)(a) for the county in
202 which the metro township is located.
203 (2) "Certified" means that the county clerk has acknowledged a signature as being the
204 signature of a registered voter.
205 (3) "Circulation" means the process of submitting an initiative or referendum petition
206 to legal voters for their signature.
207 (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
208 city, or town that is holding an election on a ballot proposition.
209 (5) "Final fiscal impact statement" means a financial statement prepared after voters
210 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
211 20A-7-502.5(2).
212 (6) "Initial fiscal impact estimate" means:
213 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
214 application for an initiative petition; or
215 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
216 for an initiative or referendum petition.
217 (7) "Initiative" means a new law proposed for adoption by the public as provided in
218 this chapter.
219 (8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
220 law, and the signature sheets, all of which have been bound together as a unit.
221 (9) (a) "Land use law" means a law of general applicability, enacted based on the
222 weighing of broad, competing policy considerations, that relates to the use of land, including
223 land use regulation, a general plan, a land use development code, an annexation ordinance, or a
224 comprehensive zoning ordinance or resolution.
225 (b) "Land use law" does not include a land use decision, as defined in Section
226 10-9a-103 or 17-27a-103.
227 [
228 (a) meet the numerical requirements of this chapter; and
229 (b) have been obtained, certified, and verified as provided in this chapter.
230 [
231 (a) is registered to vote; or
232 (b) becomes registered to vote before the county clerk certifies the signatures on an
233 initiative or referendum petition.
234 (12) "Legally referable to voters" means:
235 (a) for a proposed local initiative, that the proposed local initiative is legally referable
236 to voters under Section 20A-7-502.7; or
237 (b) for a proposed local referendum, that the proposed local referendum is legally
238 referable to voters under Section 20A-7-602.7.
239 [
240 in whose jurisdiction a local initiative or referendum petition is circulated.
241 [
242 jurisdiction a local initiative or referendum petition is circulated.
243 [
244 (i) an ordinance;
245 (ii) a resolution;
246 [
247 [
248 (iii) a land use law; or
249 [
250 (b) "Local law" does not include an individual property zoning decision.
251 [
252 or metro township.
253 [
254 body regarding a bond that was approved by a majority of qualified voters in an election.
255 [
256 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
257 [
258 referendum.
259 [
260 by a local legislative body is submitted or referred to the voters for their approval or rejection.
261 [
262 the law being submitted or referred to the voters for their approval or rejection, and the
263 signature sheets, all of which have been bound together as a unit.
264 [
265 (b) "Signature" does not mean an electronic signature.
266 [
267 used to collect signatures in support of an initiative or referendum.
268 (24) "Special local ballot proposition" means a local ballot proposition that is not a
269 standard local ballot proposition.
270 [
271 and who sign the application for petition copies.
272 (26) (a) "Standard local ballot proposition" means a local ballot proposition for an
273 initiative or a referendum.
274 (b) "Standard local ballot proposition" does not include a property tax referendum
275 described in Section 20A-7-613.
276 [
277 or referendum petition have been certified and verified as required by this chapter.
278 [
279 proposed by an initiative or an initiative petition and the current tax rate.
280 [
281 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
282 [
283 required in Sections 20A-7-205 and 20A-7-305.
284 Section 3. Section 20A-7-401.3 is enacted to read:
285 20A-7-401.3. Voter participation areas.
286 (1) (a) Except as provided in Subsection (2):
287 (i) a metro township with a population of 65,000 or more, a city of the first or second
288 class, or a county of the first or second class shall, no later than January 1, 2020, again on
289 January 1, 2022, and January 1 each 10 years after 2022, divide the metro township, city, or
290 county into eight contiguous and compact voter participation areas of substantially equal
291 population; and
292 (ii) a metro township with a population of 10,000 or more, a city of the third or fourth
293 class, or a county of the third or fourth class shall, no later than January 1, 2020, again on
294 January 1, 2022, and January 1 each 10 years after 2022, divide the metro township, city, or
295 county into four contiguous and compact voter participation areas of substantially equal
296 population.
297 (b) A metro township, city, or county shall use the voter participation areas described
298 in Subsection (1)(a) or (2)(b) for the purpose described in Sections 20A-7-501 and 20A-7-601.
299 (2) (a) This section does not apply to a metro township with a population of less than
300 10,000, a county of the fifth or sixth class, a city of the fifth class, or a town.
301 (b) A metro township, city, or county that has established council districts that are not
302 at-large districts may, regardless of the number of council districts that are not at-large districts,
303 use the council districts as voter participation areas under this section.
304 Section 4. Section 20A-7-401.5 is enacted to read:
305 20A-7-401.5. Proposition information pamphlet.
306 (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
307 circulate an initiative petition under Section 20A-7-502 or an application to circulate a
308 referendum petition under Section 20A-7-602:
309 (A) the sponsors of the proposed initiative or referendum may submit a written
310 argument in favor of the proposed initiative or referendum to the election officer of the county
311 or municipality to which the petition relates; and
312 (B) the county or municipality to which the application relates may submit a written
313 argument in favor of, or against, the proposed initiative or referendum to the county's or
314 municipality's election officer.
315 (ii) If a county or municipality submits more than one written argument under
316 Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
317 preference to a written argument submitted by a member of a local legislative body if a
318 majority of the local legislative body supports the written argument.
319 (b) Within one business day after the day on which an election officer receives an
320 argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
321 argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
322 applicable.
323 (c) Within one business day after the date on which an election officer receives an
324 argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
325 argument to the first three sponsors of the proposed initiative or referendum described in
326 Subsection (1)(a)(i)(A).
327 (d) The sponsors of the proposed initiative or referendum may submit a revised version
328 of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
329 county or municipality to which the petition relates within 20 days after the day on which the
330 eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
331 an application to circulate a referendum petition under Section 20A-7-602.
332 (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
333 a county or municipality may submit a revised version of the written argument to the county's
334 or municipality's election officer within 20 days after the day on which the eligible voter files
335 an application to circulate an initiative petition under Section 20A-7-502 or an application to
336 circulate a referendum petition under Section 20A-7-602.
337 (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
338 (b) Except as provided in Subsection (2)(c), a person may not modify a written
339 argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
340 election officer.
341 (c) The election officer and the person that submits the written argument described in
342 Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
343 (i) correct factual, grammatical, or spelling errors; or
344 (ii) reduce the number of words to come into compliance with Subsection (2)(a).
345 (d) An election officer shall refuse to include a written argument in the proposition
346 information pamphlet described in this section if the person who submits the argument:
347 (i) fails to negotiate, in good faith, to modify the argument in accordance with
348 Subsection (2)(c); or
349 (ii) does not timely submit the written argument to the election officer.
350 (e) An election officer shall make a good faith effort to negotiate a modification
351 described in Subsection (2)(c) in an expedited manner.
352 (3) An election officer who receives a written argument described in Subsection (1)
353 shall prepare a proposition information pamphlet for publication that includes:
354 (a) a copy of the application for the proposed initiative or referendum;
355 (b) except as provided in Subsection (2)(d), immediately after the copy described in
356 Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
357 referendum, if any;
358 (c) except as provided in Subsection (2)(d), immediately after the argument described
359 in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
360 (d) a copy of the initial fiscal impact statement and legal impact statement described in
361 Section 20A-7-502.5 or 20A-7-602.5.
362 (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
363 Chapter 2, Government Records Access and Management Act, until the earlier of when the
364 election officer:
365 (i) complies with Subsection (4)(b); or
366 (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
367 (b) Within 21 days after the day on which the eligible voter files an application to
368 circulate an initiative petition under Section 20A-7-502, or an application to circulate a
369 referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
370 proposition information pamphlet to the sponsors of the initiative or referendum and each
371 individual who submitted an argument included in the proposition information pamphlet.
372 (5) An election officer for a municipality shall publish the proposition information
373 pamphlet as follows:
374 (a) within the later of 10 days after the day on which the municipality or a court
375 determines that the proposed initiative or referendum is legally referable to voters, or, if the
376 election officer modifies an argument under Subsection (2)(c), three days after the day on
377 which the election officer and the person that submitted the argument agree on the
378 modification:
379 (i) by sending the proposition information pamphlet electronically to each individual in
380 the municipality for whom the municipality has an email address, unless the individual has
381 indicated that the municipality is prohibited from using the individual's email address for that
382 purpose; and
383 (ii) by posting the proposition information pamphlet on the Utah Public Notice
384 Website, created in Section 63F-1-701, and the home page of the municipality's website, if the
385 municipality has a website, until:
386 (A) if the sponsors of the proposed initiative or referendum do not timely deliver any
387 verified initiative packets under Section 20A-7-506 or any verified referendum packets under
388 Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
389 packets or verified referendum packets;
390 (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
391 number of signatures necessary to qualify the proposed initiative or referendum for placement
392 on the ballot is insufficient and the determination is not timely appealed or is upheld after
393 appeal; or
394 (C) the day after the date of the election at which the proposed initiative or referendum
395 appears on the ballot; and
396 (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
397 municipality's residents, including an Internet address, where a resident may view the
398 proposition information pamphlet, in the next mailing, for which the municipality has not
399 begun preparation, that falls on or after the later of:
400 (i) 10 days after the day on which the municipality or a court determines that the
401 proposed initiative or referendum is legally referable to voters; or
402 (ii) if the election officer modifies an argument under Subsection (2)(c), three days
403 after the day on which the election officer and the person that submitted the argument agree on
404 the modification.
405 (6) An election officer for a county shall, within the later of 10 days after the day on
406 which the county or a court determines that the proposed initiative or referendum is legally
407 referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
408 three days after the day on which the election officer and the person that submitted the
409 argument agree on the modification, publish the proposition information pamphlet as follows:
410 (a) by sending the proposition information pamphlet electronically to each individual
411 in the county for whom the county has an email address obtained via voter registration; and
412 (b) by posting the proposition information pamphlet on the Utah Public Notice
413 Website, created in Section 63F-1-701, and the home page of the county's website, until:
414 (i) if the sponsors of the proposed initiative or referendum do not timely deliver any
415 verified initiative packets under Section 20A-7-506 or any verified referendum packets under
416 Section 20A-7-606, the day after the date of the deadline for delivery of the verified initiative
417 packets or verified referendum packets;
418 (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
419 of signatures necessary to qualify the proposed initiative or referendum for placement on the
420 ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
421 (iii) the day after the date of the election at which the proposed initiative or referendum
422 appears on the ballot.
423 Section 5. Section 20A-7-402 is amended to read:
424 20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
425 Preparation -- Statement on front cover.
426 (1) The county or municipality that is subject to a ballot proposition shall prepare a
427 local voter information pamphlet that complies with the requirements of this part.
428 [
429
430 [
431 municipality that is subject to a special local ballot proposition shall provide a notice that
432 complies with the requirements of Subsection [
433 (i) if the municipality regularly mails a newsletter, utility bill, or other material to the
434 municipality's residents, including the notice with a newsletter, utility bill, or other material;
435 (ii) posting the notice, until after the deadline described in Subsection [
436 passed, on:
437 (A) the Utah Public Notice Website created in Section 63F-1-701; and
438 (B) the home page of the municipality's website, if the municipality has a website; and
439 (iii) sending the notice electronically to each individual in the municipality for whom
440 the municipality has an email address.
441 (b) A county that is subject to a special local ballot proposition shall:
442 (i) send an electronic notice that complies with the requirements of Subsection [
443 (2)(c)(ii) to each individual in the county for whom the county has an email address; or
444 (ii) until after the deadline described in Subsection [
445 that complies with the requirements of Subsection [
446 (A) the Utah Public Notice Website created in Section 63F-1-701; and
447 (B) the home page of the county's website.
448 (c) A municipality or county that mails, sends, or posts a notice under Subsection [
449 (2)(a) or (b) shall:
450 (i) mail, send, or post the notice:
451 (A) not less than 90 days before the date of the election at which a special local ballot
452 proposition will be voted upon; or
453 (B) if the requirements of Subsection [
454 practicable after the special local ballot proposition is approved to be voted upon in an election;
455 and
456 (ii) ensure that the notice contains:
457 (A) the ballot title for the special local ballot proposition;
458 (B) instructions on how to file a request under Subsection [
459 (C) the deadline described in Subsection [
460 (d) To prepare [
461 an eligible voter shall file a request with the election officer at least 65 days before the election
462 at which the special local ballot proposition is to be voted on.
463 (e) If more than one eligible voter requests the opportunity to prepare [
464 argument for or against a special local ballot proposition, the election officer shall make the
465 final designation [
466 priority:
467 (i) sponsors have priority in preparing an argument regarding a special local ballot
468 proposition; and
469 (ii) members of the local legislative body have priority over others if a majority of the
470 local legislative body supports the written argument.
471 (f) (i) [
472 proposition may prepare [
473 (ii) [
474 (2)(e), an eligible voter opposed to the special local ballot proposition who submits a request
475 under Subsection [
476 ballot proposition.
477 [
478
479
480 [
481
482 [
483 relation to a special local ballot proposition shall:
484 (i) ensure that the written argument does not exceed 500 words in length;
485 (ii) ensure that the written argument does not list more than five names as sponsors;
486 (iii) submit the written argument to the election officer no later than 60 days before the
487 election day on which the ballot proposition will be submitted to the voters; and
488 (iv) include with the written argument the eligible voter's name, residential address,
489 postal address, email address if available, and phone number.
490 [
491 submitted after the deadline described in Subsection [
492 [
493 and against a special local ballot proposition shall, within one business day after the day on
494 which the election office receives both written arguments, send, via mail or email:
495 (i) a copy of the written argument in favor of the special local ballot proposition to the
496 eligible voter who submitted the written argument against the special local ballot proposition;
497 and
498 (ii) a copy of the written argument against the special local ballot proposition to the
499 eligible voter who submitted the written argument in favor of the special local ballot
500 proposition.
501 (b) The eligible voter who submitted a timely written argument in favor of the special
502 local ballot proposition:
503 (i) may submit to the election officer a written rebuttal argument of the written
504 argument against the special local ballot proposition;
505 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
506 and
507 (iii) shall submit the written rebuttal argument no later than 45 days before the election
508 day on which the special local ballot proposition will be submitted to the voters.
509 (c) The eligible voter who submitted a timely written argument against the special local
510 ballot proposition:
511 (i) may submit to the election officer a written rebuttal argument of the written
512 argument in favor of the special local ballot proposition;
513 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
514 and
515 (iii) shall submit the written rebuttal argument no later than 45 days before the election
516 day on which the special local ballot proposition will be submitted to the voters.
517 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
518 relation to a special local ballot proposition that is submitted after the deadline described in
519 Subsection [
520 [
521 ballot proposition:
522 (i) an eligible voter may not modify [
523 argument after the eligible voter submits the written argument or written rebuttal argument to
524 the election officer; and
525 (ii) a person other than the eligible voter described in Subsection [
526 modify [
527 (b) The election officer, and the eligible voter who submits [
528 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
529 modify [
530 (i) correct factual, grammatical, or spelling errors; and
531 (ii) reduce the number of words to come into compliance with the requirements of this
532 section.
533 (c) An election officer shall refuse to accept and publish [
534 written rebuttal argument in relation to a special local ballot proposition if the eligible voter
535 who submits the written argument or written rebuttal argument fails to negotiate, in good faith,
536 to modify the written argument or written rebuttal argument in accordance with Subsection
537 [
538 [
539 designate another eligible voter to take the place of an eligible voter described in this section if
540 the original eligible voter is, due to injury, illness, death, or another circumstance, unable to
541 continue to fulfill the duties of an eligible voter described in this section.
542 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
543 included in a proposition information pamphlet under Section 20A-7-401.5:
544 (a) may, if a written argument against the standard local ballot proposition is included
545 in the proposition information pamphlet, submit a written rebuttal argument to the election
546 officer;
547 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
548 and
549 (c) shall submit the written rebuttal argument no later than 45 days before the election
550 day on which the standard local ballot proposition will be submitted to the voters.
551 (7) (a) A county or municipality that submitted a written argument against a standard
552 local ballot proposition that is included in a proposition information pamphlet under Section
553 20A-7-401.5:
554 (i) may, if a written argument in favor of the standard local ballot proposition is
555 included in the proposition information pamphlet, submit a written rebuttal argument to the
556 election officer;
557 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
558 and
559 (iii) shall submit the written rebuttal argument no later than 45 days before the election
560 day on which the ballot proposition will be submitted to the voters.
561 (b) If a county or municipality submits more than one written rebuttal argument under
562 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
563 giving preference to a written rebuttal argument submitted by a member of a local legislative
564 body.
565 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
566 that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
567 (b) Before an election officer publishes a local voter information pamphlet under this
568 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
569 Records Access and Management Act.
570 (c) An election officer who receives a written rebuttal argument described in this
571 section may not, before publishing the local voter information pamphlet described in this
572 section, disclose the written rebuttal argument, or any information contained in the written
573 rebuttal argument, to any person who may in any way be involved in preparing an opposing
574 rebuttal argument.
575 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
576 rebuttal argument after the written rebuttal argument is submitted to the election officer.
577 (b) The election officer, and the person who submits a written rebuttal argument, may
578 jointly agree to modify a written rebuttal argument in order to:
579 (i) correct factual, grammatical, or spelling errors; or
580 (ii) reduce the number of words to come into compliance with the requirements of this
581 section.
582 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
583 the person who submits the written rebuttal argument:
584 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
585 accordance with Subsection (9)(b); or
586 (ii) does not timely submit the written rebuttal argument to the election officer.
587 (d) An election officer shall make a good faith effort to negotiate a modification
588 described in Subsection (9)(b) in an expedited manner.
589 (10) An election officer may designate another person to take the place of a person who
590 submits a written rebuttal argument in relation to a standard local ballot proposition if the
591 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
592 person's duties.
593 [
594 fiscal impact estimate and the legal impact statement prepared for each initiative under Section
595 20A-7-502.5.
596 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
597 include the following statement in bold type:
598 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
599 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
600 increase in the current tax rate."
601 [
602 shall:
603 (i) ensure that the written arguments are printed on the same sheet of paper upon which
604 the ballot proposition is also printed;
605 (ii) ensure that the following statement is printed on the front cover or the heading of
606 the first page of the printed written arguments:
607 "The arguments for or against a ballot proposition are the opinions of the authors.";
608 (iii) pay for the printing and binding of the local voter information pamphlet; and
609 (iv) not less than 15 days before, but not more than 45 days before, the election at
610 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
611 voter entitled to vote on the ballot proposition:
612 (A) a voter information pamphlet; or
613 (B) the notice described in Subsection [
614 (b) (i) If the [
615 in length, the election officer may summarize the [
616 less.
617 (ii) The summary shall state where a complete copy of the ballot proposition is
618 available for public review.
619 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
620 preaddressed return form that a person may use to request delivery of a voter information
621 pamphlet by mail.
622 (ii) The notice described in Subsection [
623 (A) the address of the Statewide Electronic Voter Information Website authorized by
624 Section 20A-7-801; and
625 (B) the phone number a voter may call to request delivery of a voter information
626 pamphlet by mail or carrier.
627 Section 6. Section 20A-7-405 is enacted to read:
628 20A-7-405. Public meeting.
629 (1) A county or municipality may not discuss a proposed initiative, an initiative, a
630 proposed referendum, or a referendum at a public meeting unless the county or municipality
631 complies with the requirements of this section.
632 (2) The legislative body of a county or municipality may hold a public meeting to
633 discuss a proposed initiative, an initiative, a proposed referendum, or a referendum if the
634 legislative body:
635 (a) allows equal time, within a reasonable limit, for presentations on both sides of the
636 proposed initiative, initiative, proposed referendum, or referendum;
637 (b) provides interested parties an opportunity to present oral testimony within
638 reasonable time limits; and
639 (c) holds the public meeting:
640 (i) during the legislative body's normal meeting time; or
641 (ii) for a meeting time other than the legislative body's normal meeting time, beginning
642 at or after 6 p.m.
643 (3) This section does not prohibit a working group meeting from being held before 6
644 p.m.
645 Section 7. Section 20A-7-406 is enacted to read:
646 20A-7-406. Informational materials.
647 The lieutenant governor shall create and publish to the lieutenant governor's website
648 instructions on how a person may:
649 (1) qualify a local initiative for the ballot under Part 5, Local Initiatives - Procedures;
650 or
651 (2) qualify a local referendum for the ballot under Part 6, Local Referenda -
652 Procedures.
653 Section 8. Section 20A-7-407 is enacted to read:
654 20A-7-407. Applicability of statute to pending processes.
655 (1) If a local initiative or local referendum process is pending as described in
656 Subsection (2), that local initiative or local referendum process:
657 (a) is subject to the provisions of law that were in effect on May 13, 2019; and
658 (b) is not subject to the provisions of this bill.
659 (2) A local initiative or local referendum process is pending under Subsection (1) if, on
660 or before May 13, 2019:
661 (a) (i) sponsors have filed an application to circulate the initiative petition under
662 Section 20A-7-502; or
663 (ii) sponsors have filed an application to circulate the referendum petition under
664 Section 20A-7-602; and
665 (b) the process described in Subsection (2)(a) has not concluded.
666 Section 9. Section 20A-7-501 is amended to read:
667 20A-7-501. Initiatives -- Signature requirements -- Time requirements.
668 [
669
670
671 [
672
673
674 [
675
676
677
678 [
679
680
681
682 [
683
684
685
686 [
687
688
689
690 [
691
692
693 [
694
695
696
697
698 (1) As used in this section:
699 (a) "Number of active voters" means the number of active voters in the county, city, or
700 town on the immediately preceding January 1.
701 (b) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
702 or (2)(b).
703 (2) An eligible voter seeking to have an initiative submitted to a local legislative body
704 or to a vote of the people for approval or rejection shall obtain legal signatures equal to:
705 (a) for a county of the first class:
706 (i) 7.75% of the number of active voters in the county; and
707 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
708 of the county's voter participation areas;
709 (b) for a metro township with a population of 100,000 or more, or a city of the first
710 class:
711 (i) 7.5% of the number of active voters in the metro township or city; and
712 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
713 of the metro township's or city's voter participation areas;
714 (c) for a county of the second class:
715 (i) 8% of the number of active voters in the county; and
716 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
717 the county's voter participation areas;
718 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
719 a city of the second class:
720 (i) 8.25% of the number of active voters in the metro township or city; and
721 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
722 of the metro township's or city's voter participation areas;
723 (e) for a county of the third class:
724 (i) 9.5% of the number of active voters in the county; and
725 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
726 of the county's voter participation areas;
727 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
728 city of the third class:
729 (i) 10% of the number of active voters in the metro township or city; and
730 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
731 of the metro township's or city's voter participation areas;
732 (g) for a county of the fourth class:
733 (i) 11.5% of the number of active voters in the county; and
734 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
735 of the county's voter participation areas;
736 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
737 city of the fourth class:
738 (i) 11.5% of the number of active voters in the metro township or city; and
739 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
740 of the metro township's or city's voter participation areas;
741 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
742 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
743 township, city, or county; or
744 (j) for a metro township with a population of less than 1,000, a town, or a county of the
745 sixth class, 35% of the number of active voters in the metro township, town, or county.
746 [
747 equals or exceeds the number of names required by this section, the clerk or recorder shall
748 deliver the proposed law to the local legislative body at [
749 meeting.
750 [
751 without change or amendment within 30 days [
752 legislative body receives the proposed law under Subsection (3).
753 (b) The local legislative body may:
754 (i) adopt the proposed law and refer [
755 (ii) adopt the proposed law without referring [
756 (iii) reject the proposed law.
757 (c) If the local legislative body adopts the proposed law but does not refer [
758 proposed law to the people, [
759 laws.
760 (d) (i) If a county legislative body rejects a proposed [
761 law, or takes no action on [
762 law to the voters of the county at the next regular general election immediately after the
763 petition for the proposed law is filed under Section 20A-7-502.
764 (ii) If a local legislative body of a municipality rejects a proposed [
765
766 shall submit [
767 general election immediately after the petition is filed under Section 20A-7-502.
768 (e) (i) If [
769
770 a competing local law.
771 (ii) The local legislative body shall prepare and adopt the competing local law within
772 the [
773 period described in Subsection (4)(a).
774 (iii) If [
775 shall [
776 same election at which the initiative proposal is submitted under Subsection (4)(d).
777 (f) If conflicting local laws are submitted to the people at the same election and two or
778 more of the conflicting measures are approved by the people, [
779 the greatest number of affirmative votes shall control all conflicts.
780 Section 10. Section 20A-7-502 is amended to read:
781 20A-7-502. Local initiative process -- Application procedures.
782 (1) [
783 application with the local clerk.
784 (2) The application shall contain:
785 (a) the name and residence address of at least five sponsors of the initiative petition;
786 (b) a statement indicating that each of the sponsors[
787 [
788
789 [
790
791 [
792 [
793
794
795 (c) a statement indicating that each of the sponsors has voted in an election in Utah in
796 the last three years;
797 [
798 public;
799 [
800 (i) the title of the proposed law, which clearly expresses the subject of the law; and
801 (ii) the text of the proposed law; and
802 [
803 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
804 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
805 increase in the current tax rate."
806 (3) A proposed law submitted under this section may not contain more than one subject
807 to the same extent a bill may not pass containing more than one subject as provided in Utah
808 Constitution, Article VI, Section 22.
809 Section 11. Section 20A-7-502.5 is amended to read:
810 20A-7-502.5. Initial fiscal and legal impact estimate -- Preparation of estimate.
811 (1) Within three [
812 business days after the day on which the local clerk receives an application for an initiative
813 petition, the local clerk shall submit a copy of the [
814 city, or town's budget officer.
815 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
816 faith estimate of the fiscal and legal impact of the law proposed by the initiative that contains:
817 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
818 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
819 the total estimated increase or decrease for each type of tax affected under the proposed law
820 and a dollar amount representing the total estimated increase or decrease in taxes under the
821 proposed law;
822 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
823 percentage increase;
824 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
825 notes, or other debt instruments, a dollar amount representing the total estimated increase or
826 decrease in public debt under the proposed law;
827 (v) a listing of all sources of funding for the estimated costs associated with the
828 proposed law showing each source of funding and the percentage of total funding provided
829 from each source;
830 (vi) a dollar amount representing the estimated costs or savings, if any, to state and
831 local government entities under the proposed law;
832 (vii) the proposed law's legal impact, including:
833 (A) any significant effects on a person's vested property rights;
834 (B) any significant effects on other laws or ordinances;
835 (C) any significant legal liability the city, county, or town may incur; and
836 (D) any other significant legal impact as determined by the budget officer and the legal
837 counsel; and
838 (viii) a concise explanation, not exceeding 100 words, of the above information and of
839 the estimated fiscal impact, if any, under the proposed law.
840 (b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
841 shall include a summary statement in the initial fiscal impact statement in substantially the
842 following form:
843 "The (title of the local budget officer) estimates that the law proposed by this initiative
844 would have no significant fiscal impact and would not result in either an increase or decrease in
845 taxes or debt."
846 (ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
847 shall include a summary statement in the initial fiscal impact estimate in substantially the
848 following form:
849 "The (title of the local budget officer) estimates that the law proposed by this initiative
850 would result in a total fiscal expense/savings of $______, which includes a (type of tax or
851 taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
852 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
853 difficult to reasonably express in a summary statement, the local budget officer may include in
854 the summary statement a brief explanation that identifies those factors affecting the variability
855 or difficulty of the estimate.
856 (iv) If the proposed law would increase taxes, the local budget officer shall include a
857 summary statement in the initial fiscal impact statement in substantially the following form:
858 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
859 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
860 percent increase in the current tax rate."
861 (3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
862 printing and distributing information related to the initiative petition in the voter information
863 pamphlet as required by Section 20A-7-402.
864 (4) Within [
865
866 Subsection (1), the budget officer shall:
867 (a) deliver a copy of the initial fiscal impact estimate, including the legal impact
868 estimate, to the local clerk's office; and
869 (b) mail a copy of the initial fiscal impact estimate, including the legal impact estimate,
870 to the first [
871 [
872
873
874
875
876 [
877
878
879
880 [
881
882
883
884
885 [
886
887
888 [
889
890
891 Section 12. Section 20A-7-502.7 is enacted to read:
892 20A-7-502.7. Referability to voters.
893 (1) Within 20 days after the day on which an eligible voter files an application to
894 circulate an initiative petition under Section 20A-7-502, the county, city, town, or metro
895 township to which the initiative pertains shall:
896 (a) review the proposed law in the initiative application to determine whether the law is
897 legally referable to voters; and
898 (b) notify the first three sponsors, in writing, whether the proposed law is:
899 (i) legally referable to voters; or
900 (ii) rejected as not legally referable to voters.
901 (2) A proposed law in an initiative application is legally referable to voters unless:
902 (a) the proposed law is patently unconstitutional;
903 (b) the proposed law is nonsensical;
904 (c) the proposed law is administrative, rather than legislative, in nature;
905 (d) the proposed law could not become law if passed;
906 (e) the proposed law contains more than one subject as evaluated in accordance with
907 Subsection 20A-7-502(3);
908 (f) the subject of the proposed law is not clearly expressed in the law's title;
909 (g) the proposed law is identical or substantially similar to a legally referable proposed
910 law sought by an initiative application submitted to the local clerk, under Section 20A-7-502,
911 within two years before the day on which the application for the current proposed initiative is
912 filed; or
913 (h) the application for the proposed law was not timely filed or does not comply with
914 the requirements of this part.
915 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
916 or metro township may not:
917 (a) reject a proposed initiative as not legally referable to voters; or
918 (b) bring a legal action, other than to appeal a court decision, challenging a proposed
919 initiative on the grounds that the proposed initiative is not legally referable to voters.
920 (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
921 the proposed initiative may, within 10 days after the day on which a sponsor is notified under
922 Subsection (1)(b), appeal the decision to:
923 (a) district court; or
924 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
925 (5) If, on appeal, the court determines that the law proposed in the initiative petition is
926 legally referable to voters, the local clerk shall comply with Subsection 20A-7-504(2) within
927 five days after the day on which the determination, and any appeal of the determination, is
928 final.
929 Section 13. Section 20A-7-504 is amended to read:
930 20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
931 materials.
932 (1) In order to obtain the necessary number of signatures required by this part, the
933 sponsors shall, after the sponsors receive the documents described in Subsections (2)(a) and (b)
934 and Subsection 20A-7-401.5(4)(b), circulate initiative packets that meet the form requirements
935 of this part.
936 (2) Within five days after the day on which a [
937
938 court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
939 petition is legally referable to voters, the local clerk shall furnish to the sponsors:
940 (a) one copy of the initiative petition; and
941 (b) one signature sheet.
942 (3) The sponsors of the petition shall:
943 (a) arrange and pay for the printing of all additional copies of the petition and signature
944 sheets; and
945 (b) ensure that the copies of the petition and signature sheets meet the form
946 requirements of this section.
947 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
948 initiative packets.
949 (b) The sponsors shall create those packets by binding a copy of the initiative petition,
950 a copy of the proposed law, and no more than 50 signature sheets together at the top in such a
951 way that the packets may be conveniently opened for signing.
952 (c) The sponsors need not attach a uniform number of signature sheets to each
953 initiative packet.
954 (d) The sponsors shall include, with each packet, a copy of the proposition information
955 pamphlet provided to the sponsors under Subsection 20A-7-401.5(4)(b).
956 [
957
958 [
959 [
960
961 [
962 Section 14. Section 20A-7-505 is amended to read:
963 20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
964 (1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
965 resides in the local jurisdiction.
966 (2) (a) The sponsors shall ensure that the [
967 signature sheet was signed:
968 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
969 and
970 (ii) verifies each signature sheet by completing the verification printed on the last page
971 of each initiative packet.
972 (b) [
973 the initiative packet if the [
974 (3) (a) (i) Any voter who has signed an initiative petition may have the voter's signature
975 removed from the petition by submitting a notarized statement to that effect to the local clerk.
976 (ii) In order for the signature to be removed, the statement must be received by the
977 local clerk before [
978 (b) Upon receipt of the statement, the local clerk shall remove the signature of the
979 [
980 (c) No one may remove signatures from an initiative petition after the petition is
981 submitted to the county clerk to be certified.
982 Section 15. Section 20A-7-506 is amended to read:
983 20A-7-506. Submitting the initiative petition -- Certification of signatures by the
984 county clerks -- Transfer to local clerk.
985 (1) (a) The sponsors shall deliver each signed and verified initiative packet to the
986 county clerk of the county in which the packet was circulated on or before the sooner of:
987 (i) for county initiatives:
988 (A) 316 days after the day on which the application is filed; or
989 (B) the April 15 immediately before the next regular general election immediately after
990 the application is filed under Section 20A-7-502; or
991 (ii) for municipal initiatives:
992 (A) 316 days after the day on which the application is filed; or
993 (B) the April 15 immediately before the next municipal general election immediately
994 after the application is filed under Section 20A-7-502.
995 (b) A sponsor may not submit an initiative packet after the deadline established in this
996 Subsection (1).
997 [
998 [
999
1000
1001 [
1002
1003 [
1004 initiative packet that is not verified in accordance with Section 20A-7-505.
1005 (3) No later than May 15, the county clerk shall:
1006 (a) determine whether or not each signer is a voter according to the requirements of
1007 Section 20A-7-506.3;
1008 (b) certify on the petition whether or not each name is that of a voter; and
1009 (c) deliver all of the verified packets to the local clerk.
1010 Section 16. Section 20A-7-506.3 is amended to read:
1011 20A-7-506.3. Verification of petition signatures.
1012 (1) (a) For the purposes of this section, "substantially similar name" means:
1013 (i) the given name and surname shown on the petition, or both, contain only minor
1014 spelling differences when compared to the given name and surname shown on the official
1015 register;
1016 (ii) the surname shown on the petition exactly matches the surname shown on the
1017 official register, and the given names differ only because one of the given names shown is a
1018 commonly used abbreviation or variation of the other;
1019 (iii) the surname shown on the petition exactly matches the surname shown on the
1020 official register, and the given names differ only because one of the given names shown is
1021 accompanied by a first or middle initial or a middle name which is not shown on the other
1022 record; or
1023 (iv) the surname shown on the petition exactly matches the surname shown on the
1024 official register, and the given names differ only because one of the given names shown is an
1025 alphabetically corresponding initial that has been provided in the place of a given name shown
1026 on the other record.
1027 (b) For the purposes of this section, "substantially similar name" does not mean a name
1028 having an initial or a middle name shown on the petition that does not match a different initial
1029 or middle name shown on the official register.
1030 (2) The county clerk shall use the following procedures in determining whether or not a
1031 signer is a registered voter:
1032 (a) When a signer's name and address shown on the petition exactly match a name and
1033 address shown on the official register and the signer's signature appears substantially similar to
1034 the signature on the statewide voter registration database, the county clerk shall declare the
1035 signature valid.
1036 (b) When there is no exact match of an address and a name, the county clerk shall
1037 declare the signature valid if:
1038 (i) the address on the petition matches the address of [
1039 official register with a substantially similar name; and
1040 (ii) the signer's signature appears substantially similar to the signature on the statewide
1041 voter registration database of the [
1042 (c) When there is no match of an address and a substantially similar name, the county
1043 clerk shall declare the signature valid if:
1044 (i) the birth date or age on the petition matches the birth date or age of [
1045 individual on the official register with a substantially similar name; and
1046 (ii) the signer's signature appears substantially similar to the signature on the statewide
1047 voter registration database of the [
1048 (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
1049 county clerk shall declare the signature to be invalid.
1050 Section 17. Section 20A-7-507 is amended to read:
1051 20A-7-507. Evaluation by the local clerk.
1052 (1) When each initiative packet is received from a county clerk, the local clerk shall
1053 check off from the local clerk's record the number of each initiative packet filed.
1054 (2) (a) After all of the initiative packets have been received by the local clerk, the local
1055 clerk shall count the number of the names certified by the county clerk that appear on each
1056 verified signature sheet.
1057 (b) If the total number of certified names from each verified signature sheet equals or
1058 exceeds the number of names required by Section 20A-7-501 and the requirements of this part
1059 are met, the local clerk shall mark upon the front of the petition the word "sufficient."
1060 (c) If the total number of certified names from each verified signature sheet does not
1061 equal or exceed the number of names required by Section 20A-7-501 or a requirement of this
1062 part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."
1063 (d) The local clerk shall immediately notify any one of the sponsors of the local clerk's
1064 finding.
1065 (3) If the local clerk finds the total number of certified signatures from each verified
1066 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1067 for a recount of the signatures appearing on the initiative petition in the presence of any
1068 sponsor.
1069 (4) Once a petition is declared insufficient, the sponsors may not submit additional
1070 signatures to qualify the petition for the ballot.
1071 [
1072
1073
1074 [
1075
1076
1077 [
1078
1079
1080 [
1081 qualified for the ballot.
1082 Section 18. Section 20A-7-508 is amended to read:
1083 20A-7-508. Ballot title -- Duties of local clerk and local attorney.
1084 (1) [
1085
1086 petition and the proposed law to the local attorney.
1087 (2) The local attorney shall:
1088 (a) entitle each county or municipal initiative that has qualified for the ballot
1089 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
1090 (b) prepare a proposed ballot title for the initiative;
1091 (c) file the proposed ballot title and the numbered initiative titles with the local clerk
1092 within [
1093
1094 clerk; and
1095 (d) promptly provide notice of the filing of the proposed ballot title to:
1096 (i) the sponsors of the petition; and
1097 (ii) the local legislative body for the jurisdiction where the initiative petition was
1098 circulated.
1099 (3) (a) The ballot title may be distinct from the title of the proposed law attached to the
1100 initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
1101 (b) In preparing a ballot title, the local attorney shall, to the best of the local attorney's
1102 ability, give a true and impartial statement of the purpose of the measure.
1103 (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
1104 for or against the measure.
1105 (d) If the initiative proposes a tax increase, the local attorney shall include the
1106 following statement, in bold, in the ballot title:
1107 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1108 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1109 increase in the current tax rate."
1110 (4) (a) Within five calendar days after the date the local attorney files a proposed ballot
1111 title under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative
1112 petition was circulated and the sponsors of the petition may file written comments in response
1113 to the proposed ballot title with the local clerk.
1114 (b) Within five calendar days after the last date to submit written comments under
1115 Subsection (4)(a), the local attorney shall:
1116 (i) review any written comments filed in accordance with Subsection (4)(a);
1117 (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
1118 (iii) return the petition and file the ballot title with the local clerk.
1119 (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
1120 be printed on the official ballot.
1121 (5) Immediately after the local attorney files a copy of the ballot title with the local
1122 clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
1123 petition and the local legislative body for the jurisdiction where the initiative petition was
1124 circulated.
1125 (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
1126 comply with the requirements of this section, the decision of the local attorney may be
1127 appealed [
1128 to the Supreme Court [
1129 (i) at least three sponsors of the initiative petition; or
1130 (ii) a majority of the local legislative body for the jurisdiction where the initiative
1131 petition was circulated.
1132 (b) The [
1133 (i) shall examine the measures and consider arguments[
1134 (ii) may certify to the local clerk a ballot title for the measure that fulfills the intent of
1135 this section.
1136 (c) The local clerk shall print the title certified by the [
1137 official ballot.
1138 Section 19. Section 20A-7-509 is amended to read:
1139 20A-7-509. Form of ballot -- Manner of voting.
1140 (1) The local clerk shall ensure that the number and ballot title are presented upon the
1141 official ballot with, immediately adjacent to them, the words "For" and "Against," each word
1142 presented with an adjacent square in which the [
1143 vote.
1144 (2) [
1145 initiative petition shall mark the square adjacent to the word "For," and [
1146 to vote against enacting the law proposed by the initiative petition shall mark the square
1147 adjacent to the word "Against."
1148 Section 20. Section 20A-7-510 is amended to read:
1149 20A-7-510. Return and canvass -- Conflicting measures -- Law effective on
1150 proclamation.
1151 (1) The votes on the law proposed by the initiative petition shall be counted,
1152 canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
1153 (2) After the local board of canvassers completes its canvass, the local clerk shall
1154 certify to the local legislative body the vote for and against the law proposed by the initiative
1155 petition.
1156 (3) (a) The local legislative body shall immediately issue a proclamation that:
1157 (i) gives the total number of votes cast in the local jurisdiction for and against each law
1158 proposed by an initiative petition; and
1159 (ii) declares those laws proposed by an initiative petition that were approved by
1160 majority vote to be in full force and effect as the law of the local jurisdiction.
1161 (b) When the local legislative body determines that two proposed laws, or that parts of
1162 two proposed laws approved by the people at the same election are entirely in conflict, they
1163 shall proclaim that measure to be law that has received the greatest number of affirmative
1164 votes, regardless of the difference in the majorities which those measures have received.
1165 (c) (i) Within 10 days after the local legislative body's proclamation, any qualified
1166 voter who signed the initiative petition proposing the law that is declared by the local
1167 legislative body to be superseded by another measure approved at the same election may [
1168
1169 Supreme Court to review the decision.
1170 (ii) The court shall:
1171 (A) consider the matter and decide whether [
1172 conflict; and
1173 (B) [
1174 legislative body.
1175 (4) Within 10 days after the [
1176 certifies the decision, the local legislative body shall:
1177 (a) proclaim as law all [
1178 [
1179 (b) [
1180
1181 that received the greatest number of affirmative votes, regardless of the difference in
1182 majorities.
1183 Section 21. Section 20A-7-512 is amended to read:
1184 20A-7-512. Misconduct of electors and officers -- Penalty.
1185 (1) It is unlawful for any [
1186 (a) sign any name other than the [
1187 petition;
1188 [
1189
1190 [
1191 [
1192 (2) It is unlawful for any [
1193 packet knowing that:
1194 (a) the [
1195 20A-2-105;
1196 (b) the [
1197 individuals whose names appear in the initiative packet; or
1198 (c) one or more [
1199 either:
1200 (i) not registered to vote in Utah; or
1201 (ii) does not intend to become registered to vote in Utah.
1202 (3) [
1203 misdemeanor.
1204 Section 22. Section 20A-7-513 is amended to read:
1205 20A-7-513. Fiscal review -- Repeal, amendment, or resubmission.
1206 (1) No later than 60 days after the date of an election in which the voters approve an
1207 initiative petition, the budget officer shall:
1208 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
1209 using current financial information and containing the information required by Subsection
1210 20A-7-502.5(2), except for the information required by Subsection 20A-7-502.5(2)(a)(vii); and
1211 (b) deliver a copy of the final fiscal impact statement to:
1212 (i) the local legislative body of the jurisdiction where the initiative was circulated;
1213 (ii) the local clerk; and
1214 (iii) the first [
1215 (2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
1216 or more, the local legislative body shall review the final fiscal impact statement and may, by a
1217 majority vote:
1218 (a) repeal the law established by passage of the initiative;
1219 (b) amend the law established by the passage of the initiative; or
1220 (c) pass a resolution informing the voters that they may file an initiative petition to
1221 repeal the law enacted by the passage of the initiative.
1222 Section 23. Section 20A-7-601 is amended to read:
1223 20A-7-601. Referenda -- General signature requirements -- Signature
1224 requirements for land use laws and subjurisdictional laws -- Time requirements.
1225 [
1226
1227
1228 [
1229
1230
1231 [
1232
1233
1234 [
1235
1236
1237 [
1238
1239
1240 [
1241
1242
1243 [
1244
1245
1246 [
1247
1248 [
1249
1250
1251 [
1252
1253
1254 [
1255
1256
1257 [
1258 [
1259
1260 [
1261
1262
1263 [
1264
1265
1266 [
1267
1268
1269 [
1270
1271
1272 [
1273
1274
1275 [
1276
1277
1278 [
1279
1280
1281 [
1282
1283
1284 (1) As used in this section:
1285 (a) "Number of active voters" means the number of active voters in the county, city, or
1286 town on the immediately preceding January 1.
1287 (b) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
1288 jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
1289 (c) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
1290 local legislative body that imposes a tax or other payment obligation on property in an area that
1291 does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
1292 or metro township.
1293 (ii) "Subjurisdictional law" does not include a land use law.
1294 (d) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
1295 or (2)(b).
1296 (2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
1297 law passed by the local legislative body submitted to a vote of the people shall obtain legal
1298 signatures equal to:
1299 (a) for a county of the first class:
1300 (i) 7.75% of the number of active voters in the county; and
1301 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
1302 of the county's voter participation areas;
1303 (b) for a metro township with a population of 100,000 or more, or a city of the first
1304 class:
1305 (i) 7.5% of the number of active voters in the metro township or city; and
1306 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
1307 of the metro township's or city's voter participation areas;
1308 (c) for a county of the second class:
1309 (i) 8% of the number of active voters in the county; and
1310 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
1311 the county's voter participation areas;
1312 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
1313 a city of the second class:
1314 (i) 8.25% of the number of active voters in the metro township or city; and
1315 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
1316 of the metro township's or city's voter participation areas;
1317 (e) for a county of the third class:
1318 (i) 9.5% of the number of active voters in the county; and
1319 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
1320 of the county's voter participation areas;
1321 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
1322 city of the third class:
1323 (i) 10% of the number of active voters in the metro township or city; and
1324 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
1325 of the metro township's or city's voter participation areas;
1326 (g) for a county of the fourth class:
1327 (i) 11.5% of the number of active voters in the county; and
1328 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
1329 of the county's voter participation areas;
1330 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
1331 city of the fourth class:
1332 (i) 11.5% of the number of active voters in the metro township or city; and
1333 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
1334 of the metro township's or city's voter participation areas;
1335 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
1336 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
1337 township, city, or county; or
1338 (j) for a metro township with a population of less than 1,000, a town, or a county of the
1339 sixth class, 35% of the number of active voters in the metro township, town, or county.
1340 (3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
1341 law or local obligation law passed by the local legislative body submitted to a vote of the
1342 people shall obtain legal signatures equal to:
1343 (a) for a county of the first, second, third, or fourth class:
1344 (i) 16% of the number of active voters in the county; and
1345 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
1346 of the county's voter participation areas;
1347 (b) for a county of the fifth or sixth class:
1348 (i) 16% of the number of active voters in the county; and
1349 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
1350 of the county's voter participation areas;
1351 (c) for a metro township with a population of 100,000 or more, or a city of the first
1352 class:
1353 (i) 15% of the number of active voters in the metro township or city; and
1354 (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
1355 of the metro township's or city's voter participation areas;
1356 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
1357 a city of the second class:
1358 (i) 16% of the number of active voters in the metro township or city; and
1359 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
1360 of the metro township's or city's voter participation areas;
1361 (e) for a metro township with a population of 30,000 or more but less than 65,000, or a
1362 city of the third class:
1363 (i) 27.5% of the number of active voters in the metro township or city; and
1364 (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
1365 of the metro township's or city's voter participation areas;
1366 (f) for a metro township with a population of 10,000 or more but less than 30,000, or a
1367 city of the fourth class:
1368 (i) 29% of the number of active voters in the metro township or city; and
1369 (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
1370 of the metro township's or city's voter participation areas;
1371 (g) for a metro township with a population of 1,000 or more but less than 10,000, or a
1372 city of the fifth class, 35% of the number of active voters in the metro township or city; or
1373 (h) for a metro township with a population of less than 1,000 or a town, 40% of the
1374 number of active voters in the metro township or town.
1375 (4) A person seeking to have a subjurisdictional law passed by the local legislative
1376 body submitted to a vote of the people shall obtain legal signatures of the residents in the
1377 subjurisdiction equal to:
1378 (a) 10% of the number of active voters in the subjurisdiction if the number of active
1379 voters exceeds 25,000;
1380 (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
1381 active voters does not exceed 25,000 but is more than 10,000;
1382 (c) 15% of the number of active voters in the subjurisdiction if the number of active
1383 voters does not exceed 10,000 but is more than 2,500;
1384 (d) 20% of the number of active voters in the subjurisdiction if the number of active
1385 voters does not exceed 2,500 but is more than 500;
1386 (e) 25% of the number of active voters in the subjurisdiction if the number of active
1387 voters does not exceed 500 but is more than 250; and
1388 (f) 30% of the number of active voters in the subjurisdiction if the number of active
1389 voters does not exceed 250.
1390 [
1391
1392 application within [
1393 passed.
1394 (b) Except as provided in Subsection [
1395 declared sufficient, the local law that is the subject of the petition does not take effect unless
1396 and until the local law is approved by a vote of the people.
1397 (c) When a referendum petition challenging a subjurisdictional law has been declared
1398 sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
1399 and until the subjurisdictional law is approved by a vote of the people who reside in the
1400 subjurisdiction.
1401 [
1402 is repealed as of the date of the election.
1403 [
1404 other payment obligation on a subjurisdiction in order to benefit an area outside of the
1405 subjurisdiction.
1406 Section 24. Section 20A-7-602 is amended to read:
1407 20A-7-602. Local referendum process -- Application procedures.
1408 (1) [
1409 application with the local clerk.
1410 (2) The application shall contain:
1411 (a) the name and residence address of at least five sponsors of the referendum petition;
1412 (b) a certification indicating that each of the sponsors[
1413 [
1414
1415 [
1416
1417 (c) a statement indicating that each of the sponsors has voted in an election in Utah in
1418 the last three years;
1419 [
1420 public; and
1421 [
1422 law; or
1423 (ii) if the referendum challenges a local law that is not an ordinance or resolution, a
1424 written description of the local law, including the result of the vote on the local law.
1425 Section 25. Section 20A-7-602.5 is amended to read:
1426 20A-7-602.5. Initial fiscal and legal impact estimate -- Preparation of estimate.
1427 (1) Within three [
1428 an application for a referendum petition, the local clerk shall submit a copy of the application
1429 to the county, city, or town's budget officer.
1430 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
1431 faith estimate of the fiscal and legal impact of repealing the law the referendum proposes to
1432 repeal that contains:
1433 (i) a dollar amount representing the total estimated fiscal impact of repealing the law;
1434 (ii) if repealing the law would increase or decrease taxes, a dollar amount representing
1435 the total estimated increase or decrease for each type of tax that would be impacted by the law's
1436 repeal and a dollar amount representing the total estimated increase or decrease in taxes that
1437 would result from the law's repeal;
1438 (iii) if repealing the law would result in the issuance or a change in the status of bonds,
1439 notes, or other debt instruments, a dollar amount representing the total estimated increase or
1440 decrease in public debt that would result;
1441 (iv) a listing of all sources of funding for the estimated costs that would be associated
1442 with the law's repeal, showing each source of funding and the percentage of total funding that
1443 would be provided from each source;
1444 (v) a dollar amount representing the estimated costs or savings, if any, to state and
1445 local government entities if the law were repealed;
1446 (vi) the legal impacts that would result from repealing the law, including:
1447 (A) any significant effects on a person's vested property rights;
1448 (B) any significant effects on other laws or ordinances;
1449 (C) any significant legal liability the city, county, or town may incur; and
1450 (D) any other significant legal impact as determined by the budget officer and the legal
1451 counsel; and
1452 (vii) a concise explanation, not exceeding 100 words, of the above information and of
1453 the estimated fiscal impact, if any, if the law were repealed.
1454 (b) (i) If repealing the law would have no fiscal impact, the local budget officer shall
1455 include a summary statement in the initial fiscal impact statement in substantially the following
1456 form:
1457 "The (title of the local budget officer) estimates that repealing the law this referendum
1458 proposes to repeal would have no significant fiscal impact and would not result in either an
1459 increase or decrease in taxes or debt."
1460 (ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
1461 shall include a summary statement describing the fiscal impact.
1462 (iii) If the estimated fiscal impact of repealing the law is highly variable or is otherwise
1463 difficult to reasonably express in a summary statement, the local budget officer may include in
1464 the summary statement a brief explanation that identifies those factors impacting the variability
1465 or difficulty of the estimate.
1466 (3) Within [
1467 of the application under Subsection (1), the budget officer shall:
1468 (a) deliver a copy of the initial fiscal impact estimate, including the legal impact
1469 estimate, to the local clerk's office; and
1470 (b) [
1471 estimate, to the first [
1472 Section 26. Section 20A-7-602.7 is enacted to read:
1473 20A-7-602.7. Referability to voters of local law other than land use law.
1474 (1) Within 20 days after the day on which an eligible voter files an application to
1475 circulate a referendum petition under Section 20A-7-602 for a local law other than a land use
1476 law, the county, city, town, or metro township to which the referendum pertains shall:
1477 (a) review the application to determine whether the proposed referendum is legally
1478 referable to voters; and
1479 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
1480 (i) legally referable to voters; or
1481 (ii) rejected as not legally referable to voters.
1482 (2) For a local law other than a land use law, a proposed referendum is legally referable
1483 to voters unless:
1484 (a) the proposed referendum challenges an action that is administrative, rather than
1485 legislative, in nature;
1486 (b) the proposed referendum challenges more than one law passed by the local
1487 legislative body; or
1488 (c) the application for the proposed referendum was not timely filed or does not
1489 comply with the requirements of this part.
1490 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
1491 or metro township may not, for a local law other than a land use law:
1492 (a) reject a proposed referendum as not legally referable to voters; or
1493 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
1494 proposed referendum on the grounds that the proposed referendum is not legally referable to
1495 voters.
1496 (4) (a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a
1497 proposed referendum concerning a local law other than a land use law, a sponsor of the
1498 proposed referendum may, within 10 days after the day on which a sponsor is notified under
1499 Subsection (1)(b), challenge or appeal the decision to:
1500 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
1501 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
1502 under Subsection (4)(a)(i).
1503 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)
1504 (a) terminates the referendum.
1505 (5) If, on a challenge or appeal, the court determines that the proposed referendum
1506 described in Subsection (4) is legally referable to voters, the local clerk shall comply with
1507 Subsection 20A-7-604(2) within five days after the day on which the determination, and any
1508 challenge or appeal of the determination, is final.
1509 Section 27. Section 20A-7-602.8 is enacted to read:
1510 20A-7-602.8. Referability to voters of local land use law.
1511 (1) Within 20 days after the day on which an eligible voter files an application to
1512 circulate a referendum petition under Section 20A-7-602 for a land use law, the county,
1513 city, town, or metro township to which the referendum pertains shall:
1514 (a) review the application to determine whether the proposed referendum is legally
1515 referable to voters; and
1516 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
1517 (i) legally referable to voters; or
1518 (ii) rejected as not legally referable to voters.
1519 (2) For a land use law, a proposed referendum is legally referable to voters unless:
1520 (a) the proposed referendum challenges an action that is administrative, rather than
1521 legislative, in nature;
1522 (b) the proposed referendum challenges a land use decision, rather than a land use
1523 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
1524 (c) the proposed referendum challenges more than one law passed by the local
1525 legislative body; or
1526 (d) the application for the proposed referendum was not timely filed or does not
1527 comply with the requirements of this part.
1528 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
1529 or metro township may not, for a land use law:
1530 (a) reject a proposed referendum as not legally referable to voters; or
1531 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
1532 proposed referendum on the grounds that the proposed referendum is not legally referable to
1533 voters.
1534 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
1535 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
1536 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
1537 to:
1538 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
1539 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
1540 under Subsection (4)(a)(i).
1541 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
1542 (4)(a) terminates the referendum.
1543 (5) If, on challenge or appeal, the court determines that the proposed referendum is
1544 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(2) within
1545 five days after the day on which the determination, and any challenge or appeal of the
1546 determination, is final.
1547 Section 28. Section 20A-7-603 is amended to read:
1548 20A-7-603. Form of referendum petition and signature sheets.
1549 (1) (a) Each proposed referendum petition shall be printed in substantially the
1550 following form:
1551 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
1552 Recorder/Town Clerk:
1553 We, the undersigned citizens of Utah, respectfully order that (description of local law or
1554 portion of local law being challenged), passed by the ____ be referred to the voters for their
1555 approval or rejection at the regular/municipal general election to be held on
1556 __________(month\day\year);
1557 Each signer says:
1558 I have personally signed this petition;
1559 The date next to my signature correctly reflects the date that I actually signed the
1560 petition;
1561 I have personally reviewed the entire statement included with this packet;
1562 I am registered to vote in Utah or intend to become registered to vote in Utah before the
1563 certification of the petition names by the county clerk; and
1564 My residence and post office address are written correctly after my name."
1565 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
1566 referendum to each referendum petition.
1567 (2) Each signature sheet shall:
1568 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1569 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1570 that line blank for the purpose of binding;
1571 (c) contain the title of the referendum printed below the horizontal line;
1572 (d) contain the word "Warning" printed or typed at the top of each signature sheet
1573 under the title of the referendum;
1574 (e) contain, to the right of the word "Warning," the following statement printed or
1575 typed in not less than eight-point, single-leaded type:
1576 "It is a class A misdemeanor for an individual to sign a referendum petition with any
1577 other name than the individual's own name, or to knowingly sign the individual's name more
1578 than once for the same measure, or to sign a referendum petition when the individual knows
1579 that the individual is not a registered voter and knows that the individual does not intend to
1580 become registered to vote before the certification of the petition names by the county clerk.";
1581 (f) contain horizontally ruled lines three-eighths inch apart under the "Warning"
1582 statement required by this section;
1583 (g) be vertically divided into columns as follows:
1584 (i) the edge of the first column shall appear [
1585 sheet, be [
1586 Office Use Only[
1587 (ii) the second column shall be .25 inch wide;
1588 [
1589 Voter's Printed Name (must be legible to be counted)";
1590 [
1591 of Registered Voter";
1592 (v) the fifth column shall be .75 inch wide, headed "Date Signed";
1593 [
1594
1595 [
1596 [
1597 (h) be horizontally divided into rows as follows:
1598 (i) the top of the first row, for the purpose of entering the information described in
1599 Subsection (2)(g), shall be .5 inch high;
1600 [
1601
1602 (ii) the second row shall be .15 inch high and contain the following statement printed
1603 or typed in not less than eight-point, single-leaded type: "By signing this petition, you are
1604 stating that you have read and understand the law this petition seeks to overturn."; and
1605 (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
1606 bottom of the sheet for the information described in Subsection (2)(i); and
1607 (i) at the bottom of the sheet, contain the following statement: "Birth date or age
1608 information is not required, but it may be used to verify your identity with voter registration
1609 records. If you choose not to provide it, your signature may not be verified as a valid signature
1610 if you change your address before petition signatures are verified or if the information you
1611 provide does not match your voter registration records."
1612 (3) The final page of each referendum packet shall contain the following printed or
1613 typed statement:
1614 "Verification
1615 State of Utah, County of ____
1616 I, _______________, of ____, hereby state that:
1617 I am a resident of Utah and am at least 18 years old;
1618 All the names that appear in this referendum packet were signed by [
1619 individuals who professed to be the [
1620 of [
1621 I did not knowingly make a misrepresentation of fact concerning the law this petition
1622 seeks to overturn;
1623 I believe that each individual has printed and signed [
1624 written [
1625 registered to vote in Utah or intends to become registered to vote before the certification of the
1626 petition names by the county clerk.
1627 _____________________________"
1628 (4) The forms prescribed in this section are not mandatory, and, if substantially
1629 followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical
1630 errors.
1631 Section 29. Section 20A-7-604 is amended to read:
1632 20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
1633 materials.
1634 (1) In order to obtain the necessary number of signatures required by this part, the
1635 sponsors shall, after the sponsors receive the documents described in Subsection (2) and
1636 Subsection 20A-7-401.5(4)(b), circulate referendum packets that meet the form requirements
1637 of this part.
1638 (2) Within five days after the day on which a [
1639
1640 court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
1641 legally referable to voters, the local clerk shall furnish to the sponsors[
1642 of the referendum petition[
1643 [
1644 (3) The sponsors of the petition shall:
1645 (a) arrange and pay for the printing of all additional copies of the petition and signature
1646 sheets; and
1647 (b) ensure that the copies of the petition and signature sheets meet the form
1648 requirements of this section.
1649 (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
1650 referendum packets.
1651 (b) The sponsors shall create those packets by binding a copy of the referendum
1652 petition, a copy of the law that is the subject of the referendum, and no more than 50 signature
1653 sheets together at the top in such a way that the packets may be conveniently opened for
1654 signing.
1655 (c) The sponsors need not attach a uniform number of signature sheets to each
1656 referendum packet.
1657 [
1658
1659 [
1660 [
1661
1662 [
1663 (d) The sponsors shall include, with each packet, a copy of the proposition information
1664 pamphlet provided to the sponsors under Subsection 20A-7-401.5(4)(b).
1665 Section 30. Section 20A-7-605 is amended to read:
1666 20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
1667 (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
1668 resides in the local jurisdiction.
1669 (2) (a) The sponsors shall ensure that the [
1670 signature sheet was signed:
1671 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1672 and
1673 (ii) verifies each signature sheet by completing the verification printed on the last page
1674 of each referendum packet.
1675 (b) [
1676 the referendum packet if the [
1677 packet.
1678 (3) (a) Any voter who has signed a referendum petition may have the voter's signature
1679 removed from the petition by submitting a [
1680 (b) Except as provided in Subsection (3)(c), upon receipt of the statement, the local
1681 clerk shall remove the signature of the [
1682 referendum petition.
1683 (c) A local clerk may not remove signatures from a referendum petition later than
1684 seven days after the [
1685 which the sponsors timely submit the last signature packet to the county clerk.
1686 (4) The sponsors of a referendum petition:
1687 (a) shall, for each signature packet:
1688 (i) within seven days after the day on which the first individual signs the signature
1689 packet, provide a clear, legible image of all signatures on the signature packet to the local clerk
1690 via email or other electronic means; and
1691 (ii) immediately send a new image if the local clerk informs the sponsors that the
1692 image is not clear and legible;
1693 (b) may not permit additional signatures on a signature packet of which the sponsors
1694 have sent an image under Subsection (4)(a); and
1695 (c) may not submit a signature packet to the county clerk unless the sponsors timely
1696 comply with the requirements of Subsection (4)(a) in relation to the signature packet.
1697 (5) Each person who gathers a signature removal statement described in Subsection
1698 (3):
1699 (a) shall, within seven days after the day on which the individual signs the signature
1700 removal statement, provide a clear, legible image of the statement to the local clerk via email
1701 or other electronic means; and
1702 (b) shall, immediately send a new image if the local clerk informs the sponsors that the
1703 image is not clear and legible; and
1704 (c) may not submit a signature removal statement to the county clerk, unless the
1705 sponsors timely comply with the requirements of Subsections (5)(a) and (b) in relation to the
1706 signature removal statement.
1707 (6) (a) The local clerk shall provide to an individual, upon request:
1708 (i) an image of a signature packet or signature removal statement with the dates of birth
1709 redacted; or
1710 (ii) instead of providing an image described in Subsection (6)(a)(i), a document or
1711 electronic list containing the name and other information, other than the dates of birth, that
1712 appear on an image described in this Subsection (6)(a).
1713 (b) Subject to Subsection 20A-7-606.3(4), the local clerk may begin certifying,
1714 removing, and tallying signatures upon receipt of an image described in Subsection (4) or (5).
1715 Section 31. Section 20A-7-606.3 is amended to read:
1716 20A-7-606.3. Verification of petition signatures.
1717 (1) (a) For the purposes of this section, "substantially similar name" means:
1718 (i) the given name and surname shown on the petition, or both, contain only minor
1719 spelling differences when compared to the given name and surname shown on the official
1720 register;
1721 (ii) the surname shown on the petition exactly matches the surname shown on the
1722 official register, and the given names differ only because one of the given names shown is a
1723 commonly used abbreviation or variation of the other;
1724 (iii) the surname shown on the petition exactly matches the surname shown on the
1725 official register, and the given names differ only because one of the given names shown is
1726 accompanied by a first or middle initial or a middle name which is not shown on the other
1727 record; or
1728 (iv) the surname shown on the petition exactly matches the surname shown on the
1729 official register, and the given names differ only because one of the given names shown is an
1730 alphabetically corresponding initial that has been provided in the place of a given name shown
1731 on the other record.
1732 (b) For the purposes of this section, "substantially similar name" does not mean a name
1733 having an initial or a middle name shown on the petition that does not match a different initial
1734 or middle name shown on the official register.
1735 (2) The county clerk shall use the following procedures in determining whether or not a
1736 signer is a registered voter:
1737 (a) When a signer's name and address shown on the petition exactly match a name and
1738 address shown on the official register and the signer's signature appears substantially similar to
1739 the signature on the statewide voter registration database, the county clerk shall declare the
1740 signature valid.
1741 (b) When there is no exact match of an address and a name, the county clerk shall
1742 declare the signature valid if:
1743 (i) the address on the petition matches the address of [
1744 official register with a substantially similar name; and
1745 (ii) the signer's signature appears substantially similar to the signature on the statewide
1746 voter registration database of the [
1747 (c) When there is no match of an address and a substantially similar name, the county
1748 clerk shall declare the signature valid if:
1749 (i) the birth date or age on the petition matches the birth date or age of [
1750 individual on the official register with a substantially similar name; and
1751 (ii) the signer's signature appears substantially similar to the signature on the statewide
1752 voter registration database of the [
1753 (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1754 clerk shall declare the signature to be invalid.
1755 (4) The county clerk may not provide a final verification of the signature packets
1756 submitted for a proposed referendum until eight days after the day on which a sponsor submits
1757 the final, timely signature packet to the county clerk to be certified.
1758 Section 32. Section 20A-7-607 is amended to read:
1759 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
1760 referendum.
1761 (1) When each referendum packet is received from a county clerk, the local clerk shall
1762 check off from the local clerk's record the number of each referendum packet filed.
1763 (2) Within [
1764 referendum packet from a county clerk, the local clerk shall:
1765 (a) count the number of the names certified by the county clerks that appear on each
1766 verified signature sheet;
1767 (b) if the total number of certified names from each verified signature sheet equals or
1768 exceeds the number of names required by Section 20A-7-601 and the requirements of this part
1769 are met, mark upon the front of the petition the word "sufficient";
1770 (c) if the total number of certified names from each verified signature sheet does not
1771 equal or exceed the number of names required by Section 20A-7-601 or a requirement of this
1772 part is not met, mark upon the front of the petition the word "insufficient"; and
1773 (d) notify any one of the sponsors of the local clerk's finding.
1774 (3) If the local clerk finds the total number of certified signatures from each verified
1775 signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1776 for a recount of the signatures appearing on the referendum petition in the presence of any
1777 sponsor.
1778 (4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
1779 may apply to [
1780 do so within 10 days after the refusal.
1781 (b) If [
1782 sufficient, the local clerk shall file it, with a verified copy of the judgment attached to it, as of
1783 the date on which it was originally offered for filing in the local clerk's office.
1784 (c) If [
1785 sufficient, the [
1786 (i) certifying or printing the ballot title and numbers of that measure on the official
1787 ballot for the next election; or
1788 (ii) as it relates to a local tax law that is conducted entirely by absentee ballot,
1789 certifying, printing, or mailing the ballot title and numbers of that measure under Section
1790 20A-7-609.5.
1791 (5) A petition determined to be sufficient in accordance with this section is qualified
1792 for the ballot.
1793 (6) (a) If a referendum relates to legislative action taken after April 15, the election
1794 officer may not place the referendum on an election ballot until a primary election, a general
1795 election, or a special election the following year.
1796 (b) For a referendum on a land use law, if, before August 30, the local clerk or a court
1797 determines that the total number of certified names equals or exceeds the number of signatures
1798 required in Section 20A-7-601, the election officer shall place the referendum on the election
1799 ballot for the next general election.
1800 Section 33. Section 20A-7-608 is amended to read:
1801 20A-7-608. Ballot title -- Duties of local clerk and local attorney.
1802 (1) [
1803
1804 petition and the proposed law to the local attorney.
1805 (2) The local attorney shall:
1806 (a) entitle each county or municipal referendum that has qualified for the ballot
1807 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
1808 (b) prepare a proposed ballot title for the referendum;
1809 (c) file the proposed ballot title and the numbered referendum titles with the local clerk
1810 within [
1811
1812 local clerk; and
1813 (d) promptly provide notice of the filing of the proposed ballot title to:
1814 (i) the sponsors of the petition; and
1815 (ii) the local legislative body for the jurisdiction where the referendum petition was
1816 circulated.
1817 (3) (a) The ballot title may be distinct from the title of the law that is the subject of the
1818 petition, and shall express, in not exceeding 100 words, the purpose of the measure.
1819 (b) In preparing a ballot title, the local attorney shall, to the best of [
1820 attorney's ability, give a true and impartial statement of the purpose of the measure.
1821 (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
1822 for or against the measure.
1823 (4) (a) Within five calendar days after the date the local attorney files a proposed ballot
1824 title under Subsection (2)(c), the local legislative body for the jurisdiction where the
1825 referendum petition was circulated and the sponsors of the petition may file written comments
1826 in response to the proposed ballot title with the local clerk.
1827 (b) Within five calendar days after the last date to submit written comments under
1828 Subsection (4)(a), the local attorney shall:
1829 (i) review any written comments filed in accordance with Subsection (4)(a);
1830 (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
1831 (iii) return the petition and file the ballot title with the local clerk.
1832 (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
1833 be printed on the official ballot.
1834 (5) Immediately after the local attorney files a copy of the ballot title with the local
1835 clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
1836 petition and the local legislative body for the jurisdiction where the referendum petition was
1837 circulated.
1838 (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
1839 comply with the requirements of this section, the decision of the local attorney may be
1840 appealed [
1841 to the Supreme Court [
1842 (i) at least three sponsors of the referendum petition; or
1843 (ii) a majority of the local legislative body for the jurisdiction where the referendum
1844 petition was circulated.
1845 (b) The [
1846 (i) shall examine the measures and consider the arguments[
1847 (ii) may [
1848 measure that fulfills the intent of this section.
1849 (c) The local clerk shall print the title certified by the [
1850 official ballot.
1851 Section 34. Section 20A-7-609.5 is amended to read:
1852 20A-7-609.5. Election on referendum challenging local tax law conducted entirely
1853 by absentee ballot.
1854 (1) An election officer may administer an election on a referendum challenging a local
1855 tax law entirely by absentee ballot.
1856 (2) For purposes of an election conducted under this section, the election officer shall:
1857 (a) designate as the election day the day that is 30 days after the day on which the
1858 election officer complies with Subsection (2)(b); and
1859 (b) within 30 days after the day on which the referendum described in Subsection (1)
1860 qualifies for the ballot, mail to each registered voter within the voting precincts to which the
1861 local tax law applies:
1862 (i) an absentee ballot;
1863 (ii) a statement that there will be no polling place in the voting precinct for the
1864 election;
1865 (iii) a statement specifying the election day described in Subsection (2)(a);
1866 (iv) a business reply mail envelope;
1867 (v) instructions for returning the ballot that include an express notice about any
1868 relevant deadlines that the voter must meet in order for the voter's vote to be counted; [
1869 (vi) a warning, on a separate page of colored paper in boldface print, indicating that if
1870 the voter fails to follow the instructions included with the absentee ballot, the voter will be
1871 unable to vote in that election because there will be no polling place in the voting precinct on
1872 the day of the election[
1873 (vii) (A) a copy of the proposition information pamphlet relating to the referendum if a
1874 proposition information pamphlet relating to the referendum was published under Section
1875 20A-7-401.5; or
1876 (B) a website address where an individual may view a copy of the proposition
1877 information pamphlet described in Subsection (2)(b)(vii)(A).
1878 (3) A voter who votes by absentee ballot under this section is not required to apply for
1879 an absentee ballot as required by this part.
1880 (4) An election officer who administers an election under this section shall:
1881 (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
1882 the election; or
1883 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1884 and
1885 (b) maintain the signatures on file in the election officer's office.
1886 (5) (a) Upon receiving the returned absentee ballots under this section, the election
1887 officer shall compare the signature on each absentee ballot with the voter's signature that is
1888 maintained on file and verify that the signatures are the same.
1889 (b) If the election officer questions the authenticity of the signature on the absentee
1890 ballot, the election officer shall immediately contact the voter to verify the signature.
1891 (c) If the election officer determines that the signature on the absentee ballot does not
1892 match the voter's signature that is maintained on file, the election officer shall:
1893 (i) unless the absentee ballot application deadline described in Section 20A-3-304 has
1894 passed, immediately send another absentee ballot and other voting materials as required by this
1895 section to the voter; and
1896 (ii) disqualify the initial absentee ballot.
1897 Section 35. Section 20A-7-610 is amended to read:
1898 20A-7-610. Return and canvass -- Conflicting measures -- Law effective on
1899 proclamation.
1900 (1) The votes on the [
1901 referendum petition shall be counted, canvassed, and delivered as provided in Title 20A,
1902 Chapter 4, Part 3, Canvassing Returns.
1903 (2) After the local board of canvassers completes [
1904 certify to the local legislative body the vote for and against the [
1905 that is the subject of the referendum petition.
1906 (3) (a) The local legislative body shall immediately issue a proclamation that:
1907 (i) gives the total number of votes cast in the local jurisdiction for and against each
1908 [
1909 (ii) declares those laws [
1910 were approved by majority vote to be in full force and effect as the law of the local jurisdiction.
1911 (b) When the local legislative body determines that two proposed laws, or that parts of
1912 two proposed laws approved by the people at the same election are entirely in conflict, they
1913 shall proclaim that measure to be law that has received the greatest number of affirmative
1914 votes, regardless of the difference in the majorities which those measures have received.
1915 (4) (a) Within 10 days after the local legislative body's proclamation, any qualified
1916 voter [
1917 that is declared by the local legislative body to be superseded by another measure approved at
1918 the same election may [
1919 has original jurisdiction, the Supreme Court to review the decision.
1920 (b) The [
1921 (i) consider the matter and decide whether [
1922 conflict; and
1923 (ii) [
1924 legislative body.
1925 (5) Within 10 days after the [
1926 certifies the decision, the local legislative body shall:
1927 (a) proclaim [
1928 [
1929 (b) [
1930
1931 that received the greatest number of affirmative votes, regardless of the difference in
1932 majorities.
1933 Section 36. Section 20A-7-612 is amended to read:
1934 20A-7-612. Misconduct of electors and officers -- Penalty.
1935 (1) It is unlawful for [
1936 (a) sign any name other than [
1937 petition;
1938 [
1939 [
1940 (c) in connection with circulating a referendum petition, represent that a document is
1941 an official government document if the individual knows or has reason to know that the
1942 document is not an official government document; or
1943 (d) knowingly and willfully violate any provision of this part.
1944 (2) It is unlawful for [
1945 referendum packet knowing that:
1946 (a) [
1947 (b) [
1948 individuals whose names appear in the referendum packet; or
1949 (c) one or more [
1950 packet:
1951 (i) is either:
1952 [
1953 [
1954 (ii) appears next to an inaccurate date of signature.
1955 (3) [
1956 misdemeanor.
1957 (4) The county attorney or municipal attorney shall prosecute any violation of this
1958 section.
1959 Section 37. Section 20A-7-613 is amended to read:
1960 20A-7-613. Property tax referendum petition.
1961 (1) As used in this section, "certified tax rate" means the same as that term is defined in
1962 Section 59-2-924.
1963 (2) Except as provided in this section, the requirements of this part apply to a
1964 referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
1965 exceeds the certified tax rate.
1966 [
1967
1968 [
1969 signed and verified referendum packet to the county clerk of the county in which the packet
1970 was circulated no later than 40 days after the day on which the local clerk complies with
1971 Subsection [
1972 [
1973 take the actions required in Subsections 20A-7-606(2) and (3) within 10 working days after the
1974 day on which the county clerk receives the signed and verified referendum packet as described
1975 in Subsection [
1976 [
1977 two working days after the day on which the local clerk receives the referendum packets from
1978 the county clerk.
1979 [
1980 ballot title within two working days after the day on which the referendum petition is declared
1981 sufficient for submission to a vote of the people.
1982 [
1983 the ballot under this section shall appear on the ballot for the earlier of the next regular general
1984 election or the next municipal general election unless a special election is called.
1985 [
1986 (a) the election officer shall prepare absentee ballots for those voters who have
1987 requested an absentee ballot as soon as possible after the ballot title is prepared as described in
1988 Subsection [
1989 (b) the election officer shall mail absentee ballots on a referendum under this section
1990 the later of:
1991 (i) the time provided in Section 20A-3-305 or 20A-16-403; or
1992 (ii) the time that absentee ballots are prepared for mailing under this section.
1993 [
1994 [
1995 calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
1996 entity's legislative body:
1997 (i) the certified tax rate for the fiscal year during which the referendum petition is filed
1998 is its most recent certified tax rate; and
1999 (ii) the proposed increased revenues for purposes of establishing the certified tax rate
2000 for the fiscal year after the fiscal year described in Subsection [
2001 increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
2002 before the filing of the referendum petition.
2003 (b) If a majority of voters votes against imposing a tax at the rate established by the
2004 vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
2005 taxing entity's most recent certified tax rate.
2006 (c) If the tax rate is set in accordance with Subsection [
2007 is not required to comply with the notice and public hearing requirements of Section 59-2-919
2008 if the taxing entity complies with those notice and public hearing requirements before the
2009 referendum petition is filed.
2010 [
2011 following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
2012 sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
2013 budgeted, adopted, and approved by the [name of the taxing entity]".
2014 [
2015 directly related to meeting the requirements of this section and that the county would not have
2016 incurred but for compliance with this section.
2017 [
2018 yet qualified for placement on the ballot, if:
2019 (i) sponsors file an application for a referendum described in this section;
2020 (ii) the ballot will be used for the election for which the sponsors are attempting to
2021 qualify the referendum; and
2022 (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
2023 the day on which the ballot will be printed.
2024 (b) If an election officer includes on a ballot a referendum described in Subsection
2025 [
2026 (c) If an election officer includes on a ballot a referendum described in Subsection
2027 [
2028 the voters by any practicable method that the referendum has not qualified for the ballot and
2029 that votes cast in relation to the referendum will not be counted.
2030 Section 38. Section 20A-11-1202 is amended to read:
2031 20A-11-1202. Definitions.
2032 As used in this part:
2033 (1) "Applicable election officer" means:
2034 (a) a county clerk, if the email relates only to a local election; or
2035 (b) the lieutenant governor, if the email relates to an election other than a local
2036 election.
2037 (2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
2038 judicial retention questions, opinion questions, bond approvals, or other questions submitted to
2039 the voters for their approval or rejection.
2040 (3) "Campaign contribution" means any of the following when done for a political
2041 purpose or to advocate for or against a ballot proposition:
2042 (a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
2043 given to a filing entity;
2044 (b) an express, legally enforceable contract, promise, or agreement to make a gift,
2045 subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
2046 of value to a filing entity;
2047 (c) any transfer of funds from another reporting entity to a filing entity;
2048 (d) compensation paid by any person or reporting entity other than the filing entity for
2049 personal services provided without charge to the filing entity;
2050 (e) remuneration from:
2051 (i) any organization or the organization's directly affiliated organization that has a
2052 registered lobbyist; or
2053 (ii) any agency or subdivision of the state, including a school district; or
2054 (f) an in-kind contribution.
2055 (4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
2056 agency that receives its revenues from conduct of its commercial operations.
2057 (b) "Commercial interlocal cooperation agency" does not mean an interlocal
2058 cooperation agency that receives some or all of its revenues from:
2059 (i) government appropriations;
2060 (ii) taxes;
2061 (iii) government fees imposed for regulatory or revenue raising purposes; or
2062 (iv) interest earned on public funds or other returns on investment of public funds.
2063 (5) "Expenditure" means:
2064 (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
2065 or anything of value;
2066 (b) an express, legally enforceable contract, promise, or agreement to make any
2067 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
2068 value;
2069 (c) a transfer of funds between a public entity and a candidate's personal campaign
2070 committee;
2071 (d) a transfer of funds between a public entity and a political issues committee; or
2072 (e) goods or services provided to or for the benefit of a candidate, a candidate's
2073 personal campaign committee, or a political issues committee for political purposes at less than
2074 fair market value.
2075 (6) "Filing entity" means the same as that term is defined in Section 20A-11-101.
2076 (7) "Governmental interlocal cooperation agency" means an interlocal cooperation
2077 agency that receives some or all of its revenues from:
2078 (a) government appropriations;
2079 (b) taxes;
2080 (c) government fees imposed for regulatory or revenue raising purposes; or
2081 (d) interest earned on public funds or other returns on investment of public funds.
2082 (8) [
2083 [
2084
2085 (9) "Interlocal cooperation agency" means an entity created by interlocal agreement
2086 under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
2087 (10) "Local district" means an entity under Title 17B, Limited Purpose Local
2088 Government Entities - Local Districts, and includes a special service district under Title 17D,
2089 Chapter 1, Special Service District Act.
2090 (11) "Political purposes" means an act done with the intent or in a way to influence or
2091 intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
2092 against any:
2093 (a) candidate for public office at any caucus, political convention, primary, or election;
2094 or
2095 (b) judge standing for retention at any election.
2096 (12) "Proposed initiative" means an initiative proposed in an application filed under
2097 Section 20A-7-202 or 20A-7-502.
2098 (13) "Proposed referendum" means a referendum proposed in an application filed
2099 under Section 20A-7-302 or 20A-7-602.
2100 [
2101 municipality, school district, local district, governmental interlocal cooperation agency, and
2102 each administrative subunit of each of them.
2103 (b) "Public entity" does not include a commercial interlocal cooperation agency.
2104 (c) "Public entity" includes local health departments created under Title 26, Chapter 1,
2105 Department of Health Organization.
2106 [
2107 appropriations, taxes, fees, interest, or other returns on investment.
2108 (b) "Public funds" does not include money donated to a public entity by a person or
2109 entity.
2110 [
2111 with authority to make or determine public policy.
2112 (b) "Public official" includes the person or group that:
2113 (i) has supervisory authority over the personnel and affairs of a public entity; and
2114 (ii) approves the expenditure of funds for the public entity.
2115 [
2116 20A-11-101.
2117 [
2118 agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory,
2119 library, unit, bureau, panel, or other administrative unit of the state.
2120 (b) "State agency" includes the legislative branch, the Board of Regents, the
2121 institutional councils of each higher education institution, and each higher education
2122 institution.
2123 Section 39. Section 20A-11-1203 is amended to read:
2124 20A-11-1203. Public entity prohibited from expending public funds on certain
2125 electoral matters.
2126 (1) Unless specifically required by law, and except as provided in Section
2127 20A-11-1206, a public entity may not:
2128 (a) make an expenditure from public funds for political purposes [
2129 ballot proposition[
2130 (b) publish on the public entity's website an argument for or against a ballot
2131 proposition, a proposed initiative, or a proposed referendum.
2132 (2) A violation of this section does not invalidate an otherwise valid election.
2133 (3) This section does not prohibit the reasonable expenditure of public funds to gather
2134 information for, and respond directly to, an individual who makes an inquiry regarding a ballot
2135 proposition, a proposed initiative, or a proposed referendum.
2136 (4) This section does not prohibit:
2137 (a) a public entity from conducting research, or collecting and compiling information
2138 or arguments in relation to, a ballot proposition, a proposed initiative, or a proposed
2139 referendum;
2140 (b) an elected or appointed official of the public entity described in Subsection (4)(a)
2141 from using the research, information, or arguments described in Subsection (4)(a) for the
2142 purpose of advocating for or against a ballot proposition, proposed initiative, or proposed
2143 referendum via a website, or another medium, not owned or controlled by the public entity;
2144 (c) a public entity from posting on the public entity's website a link to another website,
2145 with a brief description, that is not owned or controlled by a public entity, or from publishing in
2146 any medium owned, controlled, or paid for by a public entity a website address, with a brief
2147 description, where an individual may view research, information, and arguments for or against
2148 a ballot proposition, proposed initiative, or proposed referendum if the public entity:
2149 (i) before posting the link or publishing the address, provides at least seven days
2150 written notice to the sponsors of the ballot proposition, proposed initiative, or proposed
2151 referendum:
2152 (A) of the public entity's intent to post the link or publish the address;
2153 (B) a description of each medium in which the public entity intends to post the link or
2154 publish the address; and
2155 (C) the dates of the publication or posting; and
2156 (ii) posts, immediately adjacent to the link or address, and brief description described
2157 in Subsection (4)(c)(i), a link to, or an address for, a website, with a brief description,
2158 containing the sponsors' research, information, and arguments for or against the ballot
2159 proposition, proposed initiative, or proposed referendum, if the sponsors provide a link or
2160 address within seven days after the day on which the sponsors receive the notice described in
2161 Subsection (4)(c)(i); or
2162 (d) a public entity from posting on the public entity's website, or any medium, a
2163 complete copy of a proposition information pamphlet described in Section 20A-7- 401.5 or a
2164 voter information pamphlet.
2165 Section 40. Section 20A-11-1205 is amended to read:
2166 20A-11-1205. Use of public email for a political purpose.
2167 (1) Except as provided in Subsection (5), a person may not send an email using the
2168 email of a public entity:
2169 (a) for a political purpose;
2170 (b) to advocate for or against a [
2171 proposed referendum, or referendum; or
2172 (c) to solicit a campaign contribution.
2173 (2) (a) The [
2174 person and the complainant notice and opportunity to be heard, impose a civil fine against a
2175 person who violates Subsection (1) as follows:
2176 [
2177 [
2178 after any applicable election officer imposes a fine against the person for a first violation,
2179 $1,000 multiplied by the number of violations committed by the person.
2180 (b) A person may, within 30 days after the day on which the lieutenant governor
2181 imposes a fine against the person under this Subsection (2), appeal the fine to a district court.
2182 (3) The applicable election officer shall consider a violation of this section as a first
2183 violation if the violation is committed more than seven years after the day on which the person
2184 last committed a violation of this section.
2185 (4) For purposes of this section, one violation means one act of sending an email,
2186 regardless of the number of recipients of the email.
2187 (5) A person does not violate this section if:
2188 (a) the lieutenant governor finds that the email described in Subsection (1) was
2189 inadvertently sent by the person [
2190 entity[
2191 (b) the person is directly providing information solely to another person or a group of
2192 people in response to a question asked by the other person or group of people;
2193 (c) the information the person emails is an argument or rebuttal argument prepared
2194 under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing argument and
2195 rebuttal argument that:
2196 (i) relates to the same proposed initiative, initiative, proposed referendum, or
2197 referendum; and
2198 (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
2199 (d) the person is engaging in an internal communication involving a public official or
2200 staff regarding the preparation of:
2201 (i) a written argument described in Section 20A-7-401.5;
2202 (ii) a written rebuttal argument described in Section 20A-7-402; or
2203 (iii) an initial fiscal and legal impact estimate described in Section 20A-7-502.5 or
2204 20A-7-602.5.
2205 (6) A violation of this section does not invalidate an otherwise valid election.
2206 (7) An email sent in violation of Subsection (1), as determined by the records officer,
2207 constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title
2208 63G, Chapter 2, Government Records Access and Management Act, notwithstanding any
2209 applicability of Subsection 63G-2-103(22)(b)(i).
2210 Section 41. Section 20A-11-1206 is amended to read:
2211 20A-11-1206. Exclusions.
2212 (1) Nothing in this chapter prohibits a public official from speaking, campaigning,
2213 contributing personal money, or otherwise exercising the public official's individual First
2214 Amendment rights for political purposes.
2215 (2) (a) [
2216 entity from providing factual information about a ballot proposition to the public, so long as the
2217 information grants equal access to both the opponents and proponents of the ballot proposition.
2218 (b) A county or municipality may not provide any information to the public about a
2219 proposed initiative, initiative, proposed referendum, or referendum unless the county or
2220 municipality:
2221 (i) provides the information in a manner required, or expressly permitted, by law; or
2222 (ii) is directly providing information solely to a person or a group of people in response
2223 to a question asked by the person or group of people.
2224 (3) Nothing in this chapter prohibits a public entity from the neutral encouragement of
2225 voters to vote.
2226 (4) Nothing in this chapter prohibits an elected official from campaigning or
2227 advocating for or against a ballot proposition.
2228 (5) Subject to Subsection (6), a county or municipality may expend a reasonable
2229 amount of public funds to:
2230 (a) prepare and publish a written argument or written rebuttal argument in accordance
2231 with Section 20A-7-401.5, 20A-7-402, or 59-1-1604; or
2232 (b) prepare an argument for, and present an argument at, a public meeting under
2233 Section 20A-7-405 or 59-1-1605.
2234 (6) A county or municipality may not:
2235 (a) publish an argument or rebuttal argument prepared under Section 20A-7-401.5 or
2236 20A-7-402, unless, at the same time and in the same manner, the county or municipality
2237 publishes each opposing argument and rebuttal argument that:
2238 (i) relates to the same proposed initiative, initiative, proposed referendum, or
2239 referendum; and
2240 (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402;
2241 (b) publish an argument or rebuttal argument for or against a proposed initiative,
2242 initiative, proposed referendum, or referendum that was not prepared and submitted in
2243 accordance with Section 20A-7-401.5 or 20A-7-402; or
2244 (c) present an argument or rebuttal argument for or against a proposed initiative,
2245 initiative, proposed referendum, or referendum at a public meeting, unless the county or
2246 municipality provides equal opportunity for persons to present opposing arguments and rebuttal
2247 arguments at the public meeting.
2248 Section 42. Section 63I-2-220 is amended to read:
2249 63I-2-220. Repeal dates, Title 20A.
2250 (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
2251 (2) Section 20A-5-804 is repealed July 1, 2023.
2252 (3) On January 1, 2019, Subsections 20A-6-107(2) and (4) are repealed and the
2253 remaining subsections, and references to those subsections, are renumbered accordingly.
2254 (4) On July 1, 2018, in Subsection 20A-11-101(21), the language that states ",
2255 10-2a-302," is repealed.
2256 (5) On January 1, 2026:
2257 (a) In Subsection 20A-1-102[
2258 Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
2259 (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
2260 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
2261 repealed.
2262 (c) In Section 20A-1-304, the language that states "Except for a race conducted by
2263 instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
2264 Pilot Project," is repealed.
2265 (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
2266 Subsection (5)," is repealed.
2267 (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
2268 as provided in Subsections (5) and (6)," is repealed.
2269 (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states
2270 "Subject to Subsection (5)," is repealed.
2271 (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
2272 20A-3-105 are renumbered accordingly.
2273 (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
2274 Subsection (2)(f)," is repealed.
2275 (i) Subsection 20A-4-101(2)(f) is repealed.
2276 (j) Subsection 20A-4-101[
2277 "[
2278 judge shall apply the standards and requirements of Section 20A-4-105.".
2279 (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
2280 Subsection 20A-4-101(2)(f)(i)" is repealed.
2281 (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
2282 "(b) To resolve questions that arise during the counting of ballots, a counting judge
2283 shall apply the standards and requirements of Section 20A-4-105.".
2284 (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
2285 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
2286 under Subsection 20A-4-101(2)(f)(i)" is repealed.
2287 (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
2288 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
2289 repealed.
2290 (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
2291 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
2292 (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
2293 otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
2294 Project," is repealed.
2295 (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
2296 4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
2297 (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
2298 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
2299 (s) Subsection 20A-4-304(2)(a)(v) is repealed and replaced with the following:
2300 "(v) from each voting precinct:
2301 (A) the number of votes for each candidate; and
2302 (B) the number of votes for and against each ballot proposition;".
2303 (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
2304 are renumbered accordingly, and the cross-references to those subsections are renumbered
2305 accordingly.
2306 (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
2307 repealed.
2308 (v) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
2309 Subsection (3) are renumbered accordingly.
2310 (w) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
2311 Subsection (4) are renumbered accordingly.
2312 (x) Section 20A-6-203.5 is repealed.
2313 (y) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
2314 otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
2315 Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
2316 (z) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
2317 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
2318 (aa) In Subsection 20A-9-404(2), the language that states "Except as otherwise
2319 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
2320 repealed.
2321 (6) Section 20A-7-407 is repealed January 1, 2021.
2322 Section 43. Revisor instructions.
2323 The Legislature intends that the Office of Legislative Research and General Counsel, in
2324 preparing the Utah Code database for publication, replace the reference in Subsection
2325 20A-7-407(1)(b) from "this bill" to the bill's designated chapter number in the Laws of Utah.