1     
OPINION QUESTION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill establishes procedures for submitting a nonbinding opinion question to voters.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     establishes procedures for submitting a nonbinding opinion question to voters;
14          ▸     describes the duties of the lieutenant governor and county clerks in submitting an
15     opinion question to voters;
16          ▸     establishes procedures for the ballot form, voter information pamphlet, public
17     notice, manner of voting, and canvass of returns in relation to the nonbinding
18     opinion question; and
19          ▸      provides a repealer.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          20A-6-107, as last amended by Laws of Utah 2018, Chapter 458
27          63I-2-220, as last amended by Laws of Utah 2018, Chapters 187 and 458

28          63I-2-236, as last amended by Laws of Utah 2018, Chapters 281 and 458
29     ENACTS:
30          36-16c-101, Utah Code Annotated 1953
31          36-16c-102, Utah Code Annotated 1953
32          36-16c-103, Utah Code Annotated 1953
33          36-16c-201, Utah Code Annotated 1953
34          36-16c-202, Utah Code Annotated 1953
35          36-16c-203, Utah Code Annotated 1953
36          36-16c-301, Utah Code Annotated 1953
37          36-16c-302, Utah Code Annotated 1953
38          36-16c-303, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 20A-6-107 is amended to read:
42          20A-6-107. Numbering of ballot propositions, bond propositions, and nonbinding
43     opinion questions -- Duties of election officer and lieutenant governor.
44          (1) (a) Except as provided in Subsections (1)(b) and (1)(c), each ballot proposition
45     shall be listed on the ballot under the heading "Proposition #___", with the number of the ballot
46     proposition placed in the blank.
47          (b) Each proposed amendment to the Utah Constitution shall be listed on the ballot
48     under the heading "Constitutional Amendment ___", with a letter placed in the blank.
49          (c) Each bond proposition that has qualified for the ballot shall be listed on the ballot
50     under the title assigned to each bond proposition under Section 11-14-206.
51          (2) Notwithstanding Subsection (1)(a), each nonbinding opinion question submitted to
52     a vote of the people under Title 36, Chapter 16c, Nonbinding Statewide Public Opinion
53     Questions, shall be listed on the ballot under the heading "Nonbinding Opinion Question
54     #___." with the number of the nonbinding opinion question placed in the blank.
55          [(2)] (3) (a) When an election officer or other person given authority to prepare or
56     number ballot propositions receives a ballot proposition that is eligible for inclusion on the
57     ballot, they shall ask the lieutenant governor to assign a number to the ballot proposition.
58          (b) (i) Upon request from an election officer or other person given authority to prepare

59     or number ballot propositions, the lieutenant governor shall assign each ballot proposition a
60     unique number, except as provided under Subsection [(2)] (3)(b)(iii).
61          (ii) Ballot proposition numbers shall be assigned sequentially, in the order requests for
62     ballot proposition numbers are received.
63          (iii) The same ballot proposition number may be assigned to multiple ballot
64     propositions if:
65          (A) the sponsors of each ballot proposition agree, in writing, to share the number; and
66          (B) the ballot propositions sharing the same number are identical in their terms,
67     purpose, and effect, with jurisdiction being the only significant difference between the ballot
68     propositions.
69          (4) When the lieutenant governor receives a joint resolution for a nonbinding opinion
70     question under Section 36-16c-201, the lieutenant governor shall:
71          (a) assign a number to the nonbinding opinion question that is unique to the
72     nonbinding opinion question; and
73          (b) assign numbers to each nonbinding opinion question sequentially, in the order in
74     which the lieutenant governor receives the joint resolution.
75          Section 2. Section 36-16c-101 is enacted to read:
76     
CHAPTER 16c. NONBINDING STATEWIDE PUBLIC OPINION QUESTIONS

77     
Part 1. General Provisions

78          36-16c-101. Title.
79          This chapter is known as "Nonbinding Statewide Public Opinion Questions."
80          Section 3. Section 36-16c-102 is enacted to read:
81          36-16c-102. Definitions.
82          As used in this chapter:
83          (1) (a) "Ballot title" means a short label or heading that:
84          (i) identifies the subject matter of an opinion question; and
85          (ii) the Office of Legislative Research and General Counsel drafts in accordance with
86     Section 36-16c-301.
87          (b) "Ballot title" does not mean a description, summary, analysis, or other work product
88     characterizing or concerning the subject matter of an opinion question.
89          (2) "Opinion question" means a nonbinding question that is submitted to legal voters of

90     the state in accordance with this chapter.
91          (3) "Originating house" means:
92          (a) the Utah House of Representatives if the resolution is a House joint resolution; or
93          (b) the Utah State Senate if the resolution is a Senate joint resolution.
94          (4) "Regular general election" means the same as that term is defined in Section
95     20A-1-102.
96          (5) "State board of canvassers" means the board established under Section 20A-4-306.
97          Section 4. Section 36-16c-103 is enacted to read:
98          36-16c-103. Exemption.
99          Title 20A, Chapter 7, Issues Submitted to the Voters, does not apply to an opinion
100     question.
101          Section 5. Section 36-16c-201 is enacted to read:
102     
Part 2. Submission of Nonbinding Opinion Questions to Voters

103          36-16c-201. Resolution to submit nonbinding opinion questions to voters.
104          (1) The Legislature may submit an opinion question to the legal voters of the state by
105     passing a joint resolution in accordance with this section.
106          (2) The Legislature shall ensure that the joint resolution described in Subsection (1)
107     includes:
108          (a) the language of the opinion question as the opinion question will appear on the
109     ballot;
110          (b) a statement directing that the lieutenant governor submit the language of the
111     opinion question to the legal voters of the state for their approval or rejection; and
112          (c) language designating the date of the regular general election in which the opinion
113     question is submitted to the voters.
114          (3) After passage by both houses of the Legislature, the originating house shall submit
115     the joint resolution to the lieutenant governor with instructions that the lieutenant governor
116     submit the opinion question specified in the joint resolution to the legal voters on the regular
117     general election date specified in the resolution.
118          Section 6. Section 36-16c-202 is enacted to read:
119          36-16c-202. Lieutenant governor's duties.
120          (1) After receipt of a joint resolution described in Section 36-16c-202, the lieutenant

121     governor shall:
122          (a) submit the opinion question to the legal voters of Utah as the resolution requires;
123          (b) comply with Section 36-16c-301; and
124          (c) except as provided in Section 36-16c-103, comply with all relevant provisions of
125     Title 20A, Election Code, relating to the conduct of elections.
126          (2) The lieutenant governor may establish additional requirements for county clerks to
127     facilitate the conduct of the election, including requirements for publishing the opinion
128     question in the voter information pamphlet.
129          Section 7. Section 36-16c-203 is enacted to read:
130          36-16c-203. Duties of county clerks.
131          Each county clerk shall, with respect to an opinion question described in this chapter,
132     comply with:
133          (1) the requirements of Title 20A, Election Code, relating to regular general elections;
134          (2) the requirements of Section 36-16c-302; and
135          (3) any other requirement that the lieutenant governor imposes.
136          Section 8. Section 36-16c-301 is enacted to read:
137     
Part 3. Voting and Canvassing

138          36-16c-301. Procedures -- Ballot title -- Publication of nonbinding opinion
139     question.
140          (1) The lieutenant governor, the Office of Legislative Research and General Counsel,
141     and each county clerk shall comply with the procedures described in this section whenever the
142     Legislature authorizes an opinion question under Section 36-16c-201.
143          (2) If the Legislature passes a resolution described in Section 36-16c-201, the Office of
144     Legislative Research and General Counsel shall, on or before July 20:
145          (a) draft a ballot title that identifies the subject matter of the opinion question; and
146          (b) deliver the ballot title to the lieutenant governor.
147          (3) The lieutenant governor shall:
148          (a) on or before August 31, certify to each county clerk:
149          (i) the number of the opinion question that the lieutenant governor assigned in
150     accordance with Section 20A-6-107;
151          (ii) the ballot title of the opinion question; and

152          (iii) the full text of the opinion question as the text appears in the resolution described
153     in Section 36-16c-201; and
154          (b) no more than 60 days nor less than 14 days before the date of the regular general
155     election, cause the full text of the opinion question as the text appears in the resolution
156     described in Section 36-16c-201 to be published in at least one newspaper in every county of
157     the state where a newspaper is published.
158          (4) Each county clerk shall cause the elements described in Subsection (3)(a) to be:
159          (a) printed on the ballot to be used on election day;
160          (b) printed on the sample ballot; and
161          (c) otherwise published as required by law.
162          Section 9. Section 36-16c-302 is enacted to read:
163          36-16c-302. Ballot form -- Manner of voting.
164          The lieutenant governor shall ensure that a ballot containing an opinion question
165     includes:
166          (1) the number of the opinion question and the ballot title;
167          (2) the full text of the opinion question as the text appears in the resolution described
168     in Section 36-16c-201; and
169          (3) (a) the words "FOR" and "AGAINST," each word presented with an adjacent
170     square in which the voter may indicate the voter's vote; or
171          (b) (i) all possible responses to the opinion question, each response presented with an
172     adjacent square in which the voter may indicate the voter's vote; and
173          (ii) an instruction that the voter may only select one of the possible responses.
174          Section 10. Section 36-16c-303 is enacted to read:
175          36-16c-303. Canvass of returns.
176          (1) The county legislative body shall conduct a public canvass of the returns from the
177     opinion question election no later than 14 days after the day on which the regular general
178     election is held.
179          (2) Each county clerk shall:
180          (a) make a certified abstract of the record of the canvassers detailing the votes cast on
181     the opinion question; and
182          (b) seal the transcript, endorse on the transcript, "Election Returns," and transmit the

183     transcript to the lieutenant governor's office so that the lieutenant governor receives the
184     transcript on or before the fifth day before the day designated for the meeting of the state board
185     of canvassers.
186          (3) The state board of canvassers established under Section 20A-4-306 shall meet to
187     compute and determine the vote on the opinion question.
188          (4) The lieutenant governor may, in accordance with the requirements of Title 20A,
189     Election Code, establish additional requirements for county clerks to facilitate the conduct of
190     an election on an opinion question described in this chapter.
191          Section 11. Section 63I-2-220 is amended to read:
192          63I-2-220. Repeal dates -- Title 20A.
193          (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
194          (2) Section 20A-5-804 is repealed July 1, 2023.
195          (3) On January 1, [2019] 2021, Subsections 20A-6-107(2) and (4), which address
196     nonbinding opinion questions, are repealed and the remaining subsections, and references to
197     those subsections, are renumbered accordingly.
198          (4) On July 1, 2018, in Subsection 20A-11-101(21), the language that states ",
199     10-2a-302," is repealed.
200          (5) On January 1, 2026:
201          (a) In Subsection 20A-1-102(23)(a), the language that states "or Title 20A, Chapter 4,
202     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
203          (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
204     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
205     repealed.
206          (c) In Section 20A-1-304, the language that states "Except for a race conducted by
207     instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
208     Pilot Project," is repealed.
209          (d) In Subsection 20A-3-105(1)(a), the language that states "Except as provided in
210     Subsection (5)," is repealed.
211          (e) In Subsections 20A-3-105(1)(b), (3)(b), and (4)(b), the language that states "Except
212     as provided in Subsections (5) and (6)," is repealed.
213          (f) In Subsections 20A-3-105(2)(a)(i), (3)(a), and (4)(a), the language that states

214     "Subject to Subsection (5)," is repealed.
215          (g) Subsection 20A-3-105(5) is repealed and the remaining subsections in Section
216     20A-3-105 are renumbered accordingly.
217          (h) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
218     Subsection (2)(f)," is repealed.
219          (i) Subsection 20A-4-101(2)(f) is repealed.
220          (j) Subsection 20A-4-101(4) is repealed and replaced with the following:
221          "(4) To resolve questions that arise during the counting of ballots, a counting judge
222     shall apply the standards and requirements of Section 20A-4-105.".
223          (k) In Subsection 20A-4-102(1)(a), the language that states "or a rule made under
224     Subsection 20A-4-101(2)(f)(i)" is repealed.
225          (l) Subsection 20A-4-102(1)(b) is repealed and replaced with the following:
226          "(b) To resolve questions that arise during the counting of ballots, a counting judge
227     shall apply the standards and requirements of Section 20A-4-105.".
228          (m) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
229     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made
230     under Subsection 20A-4-101(2)(f)(i)" is repealed.
231          (n) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
232     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
233     repealed.
234          (o) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3-105(5), or
235     Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
236          (p) In Subsections 20A-4-105(3), (5), and (12), the language that states "Except as
237     otherwise provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
238     Project," is repealed.
239          (q) In Subsection 20A-4-106(1)(a)(ii), the language that states "or Title 20A, Chapter
240     4, Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
241          (r) In Subsection 20A-4-304(1)(a), the language that states "except as provided in Title
242     20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
243          (s) Subsection 20A-4-304(2)(a)(v) is repealed and replaced with the following:
244          "(v) from each voting precinct:

245          (A) the number of votes for each candidate; and
246          (B) the number of votes for and against each ballot proposition;".
247          (t) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection (1)
248     are renumbered accordingly, and the cross-references to those subsections are renumbered
249     accordingly.
250          (u) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
251     repealed.
252          (v) Subsection 20A-5-404(3)(b) is repealed and the remaining subsections in
253     Subsection (3) are renumbered accordingly.
254          (w) Subsection 20A-5-404(4)(b) is repealed and the remaining subsections in
255     Subsection (4) are renumbered accordingly.
256          (x) Section 20A-6-203.5 is repealed.
257          (y) In Subsections 20A-6-402(1), (2), (3), and (4), the language that states "Except as
258     otherwise required for a race conducted by instant runoff voting under Title 20A, Chapter 4,
259     Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
260          (z) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
261     Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
262          (aa) In Subsection 20A-9-404(2), the language that states "Except as otherwise
263     provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
264     repealed.
265          Section 12. Section 63I-2-236 is amended to read:
266          63I-2-236. Repeal dates -- Title 36.
267          Title 36, Chapter [16b] 16c, Nonbinding Statewide Public Opinion Questions, is
268     repealed on January 1, [2019] 2021.
269          Section 13. Effective date.
270          If approved by two-thirds of all the members elected to each house, this bill takes effect
271     upon approval by the governor, or the day following the constitutional time limit of Utah
272     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
273     the date of veto override.