Senator Daniel McCay proposes the following substitute bill:


1     
INITIATIVE AND REFERENDUM AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to a statewide initiative or referendum.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies signature thresholds for statewide initiatives and referenda and bases the
13     thresholds on a percentage of active voters rather than the number of voters in a
14     previous presidential election;
15          ▸     clarifies that an initiative that is identical or substantially similar to a previous
16     initiative is barred if signatures for the preceding initiative were submitted within
17     the preceding two years;
18          ▸     modifies deadlines relating to statewide initiative petitions;
19          ▸     requires county clerks to process signature removal requests for initiatives;
20          ▸     removes the provision that legal challenges for initiative signatures declared
21     insufficient may only be filed in the Utah Supreme Court;
22          ▸     establishes procedures for the lieutenant governor to follow if an argument relating
23     to an initiative or referendum petition mischaracterizes the position of a state
24     agency; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a coordination clause.
30     Utah Code Sections Affected:
31     AMENDS:
32          20A-7-201, as last amended by Laws of Utah 2011, Chapter 17
33          20A-7-202, as last amended by Laws of Utah 2017, Chapter 291
34          20A-7-205, as last amended by Laws of Utah 2011, Chapter 17
35          20A-7-206, as last amended by Laws of Utah 2013, Chapter 231
36          20A-7-207, as last amended by Laws of Utah 2011, Chapter 17
37          20A-7-301, as last amended by Laws of Utah 2011, Chapter 17
38          20A-7-704, as last amended by Laws of Utah 2017, Chapter 147
39          20A-7-705, as last amended by Laws of Utah 2017, Chapter 147
40     Utah Code Sections Affected by Coordination Clause:
41          20A-7-205, as last amended by Laws of Utah 2011, Chapter 17
42          20A-7-206, as last amended by Laws of Utah 2013, Chapter 231
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 20A-7-201 is amended to read:
46          20A-7-201. Statewide initiatives -- Signature requirements -- Submission to the
47     Legislature or to a vote of the people.
48          (1) (a) A person seeking to have an initiative submitted to the Legislature for approval
49     or rejection shall obtain:
50          [(i) legal signatures equal to 5% of the cumulative total of all votes cast by voters of
51     this state for all candidates for President of the United States at the last regular general election
52     at which a President of the United States was elected; and]
53          [(ii) from each of at least 26 Utah State Senate districts, legal signatures equal to 5% of
54     the total of all votes cast in that district for all candidates for President of the United States at
55     the last regular general election at which a President of the United States was elected.]
56          (i) legal signatures equal to 4% of the number of active voters in the state on January 1
57     immediately following the last regular general election; and
58          (ii) from at least 26 Utah State Senate districts, legal signatures equal to 4% of the
59     number of active voters in that district on January 1 immediately following the last regular
60     general election.
61          (b) If, at any time not less than 10 days before the beginning of the next annual general
62     session of the Legislature, immediately after the application is filed under Section 20A-7-202
63     and specified on the petition under Section 20A-7-203 the lieutenant governor declares
64     sufficient any initiative petition that is signed by enough voters to meet the requirements of this
65     Subsection (1), the lieutenant governor shall deliver a copy of the petition and the cover sheet
66     required by Subsection (1)(c) to the president of the Senate, the speaker of the House, and the
67     director of the Office of Legislative Research and General Counsel.
68          (c) In delivering a copy of the petition, the lieutenant governor shall include a cover
69     sheet that contains:
70          [(i) the cumulative total of all votes cast by voters of this state for all candidates for
71     President of the United States at the last regular general election at which a President of the
72     United States was elected;]
73          [(ii) the total of all votes cast in each Utah State Senate district for all candidates for
74     President of the United States at the last regular general election at which a President of the
75     United States was elected;]
76          (i) the number of active voters in the state on January 1 immediately following the last
77     regular general election;
78          (ii) the number of active voters in each Utah State Senate district on January 1
79     immediately following the last regular general election;
80          (iii) the total number of certified signatures received for the submitted initiative; and
81          (iv) the total number of certified signatures received from each Utah State Senate
82     district for the submitted initiative.
83          (2) (a) A person seeking to have an initiative submitted to a vote of the people for
84     approval or rejection shall obtain:
85          [(i) legal signatures equal to 10% of the cumulative total of all votes cast by voters of
86     this state for all candidates for President of the United States at the last regular general election
87     at which a President of the United States was elected; and]
88          [(ii) from each of at least 26 Utah State Senate districts, legal signatures equal to 10%
89     of the total of all votes cast in that district for all candidates for President of the United States
90     at the last regular general election at which a President of the United States was elected.]
91          (i) legal signatures equal to 8% of the number of active voters in the state on January 1
92     immediately following the last regular general election; and
93          (ii) from at least 26 Utah State Senate districts, legal signatures equal to 8% of the
94     number of active voters in that district on January 1 immediately following the last regular
95     general election.
96          (b) If an initiative petition meets the requirements of this part and the lieutenant
97     governor declares the initiative petition to be sufficient, the lieutenant governor shall submit
98     the proposed law to a vote of the people at the next regular general election:
99          (i) immediately after the application is filed under Section 20A-7-202; and
100          (ii) specified on the petition under Section 20A-7-203.
101          [(3) The lieutenant governor shall provide the following information from the official
102     canvass of the last regular general election at which a President of the United States was
103     elected to any interested person:]
104          [(a) the cumulative total of all votes cast by voters in this state for all candidates for
105     President of the United States; and]
106          [(b) for each Utah State Senate district, the total of all votes cast in that district for all
107     candidates for President of the United States.]
108          (3) The lieutenant governor shall provide the following information to any interested
109     person:
110          (a) the number of active voters in the state on January 1 immediately following the last
111     regular general election; and
112          (b) for each Utah State Senate district, the number of active voters in that district on
113     January 1 immediately following the last regular general election.
114          Section 2. Section 20A-7-202 is amended to read:
115          20A-7-202. Statewide initiative process -- Application procedures -- Time to
116     gather signatures -- Grounds for rejection.
117          (1) Persons wishing to circulate an initiative petition shall file an application with the
118     lieutenant governor.
119          (2) The application shall contain:
120          (a) the name and residence address of at least five sponsors of the initiative petition;
121          (b) a statement indicating that each of the sponsors:
122          (i) is a resident of Utah; and
123          (ii) has voted in a regular general election in Utah within the last three years;
124          (c) the signature of each of the sponsors, attested to by a notary public;
125          (d) a copy of the proposed law that includes:
126          (i) the title of the proposed law, which clearly expresses the subject of the law; and
127          (ii) the text of the proposed law;
128          (e) if the initiative petition proposes a tax increase, the following statement, "This
129     initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
130     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
131     increase in the current tax rate."; and
132          (f) a statement indicating whether persons gathering signatures for the petition may be
133     paid for doing so.
134          (3) The application and its contents are public when filed with the lieutenant governor.
135          (4) If the petition fails to qualify for the ballot of the election described in Subsection
136     20A-7-201(2)(b), the sponsors shall:
137          (a) submit a new application;
138          (b) obtain new signature sheets; and
139          (c) collect signatures again.
140          (5) The lieutenant governor shall reject the application or application addendum filed
141     under Subsection 20A-7-204.1(5) and not issue circulation sheets if:
142          (a) the law proposed by the initiative is patently unconstitutional;
143          (b) the law proposed by the initiative is nonsensical;
144          (c) the proposed law could not become law if passed;
145          (d) the proposed law contains more than one subject as evaluated in accordance with
146     Subsection (6);
147          (e) the subject of the proposed law is not clearly expressed in the law's title; or
148          (f) the law proposed by the initiative is identical or substantially similar to a law
149     proposed by an initiative [that was] for which signatures were submitted to the county clerks
150     and lieutenant governor for certification [and evaluation] within two years preceding the date
151     on which the application for [this] the new initiative [was] is filed.
152          (6) To evaluate whether the proposed law contains more than one subject under
153     Subsection (5)(d), the lieutenant governor shall apply the same standard provided in Utah
154     Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
155     than one subject.
156          Section 3. Section 20A-7-205 is amended to read:
157          20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
158          (1) A Utah voter may sign an initiative petition if the voter is a legal voter.
159          (2) (a) The sponsors shall ensure that the person in whose presence each signature
160     sheet was signed:
161          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
162     and
163          (ii) verifies each signature sheet by completing the verification printed on the last page
164     of each initiative packet.
165          (b) A person may not sign the verification printed on the last page of the initiative
166     packet if the person signed a signature sheet in the initiative packet.
167          (3) (a) A voter who has signed an initiative petition may have the voter's signature
168     removed from the petition by submitting to the county clerk a statement requesting that the
169     voter's signature be removed.
170          (b) The statement shall include:
171          (i) the name of the voter;
172          (ii) the resident address at which the voter is registered to vote;
173          (iii) the last four digits of the voter's [Social Security] social security number;
174          (iv) the driver license or identification card number; and
175          (v) the signature of the voter.
176          (c) A voter may not submit a statement by email or other electronic means.
177          (d) In order for the signature to be removed, the statement must be received by the
178     county clerk before [May] 5 p.m. no later than March 15.
179          [(e) The county clerk shall deliver all statements received under this Subsection (3):]
180          [(i) with the initiative petition packets delivered to the lieutenant governor; or]
181          [(ii) in a supplemental delivery to the lieutenant governor for a statement submitted
182     after the county clerk delivered the initiative packets.]
183          [(f)] (e) A person may only remove a signature from an initiative petition in accordance
184     with this Subsection (3).
185          Section 4. Section 20A-7-206 is amended to read:
186          20A-7-206. Submitting the initiative petition -- Certification of signatures by the
187     county clerks -- Transfer to lieutenant governor.
188          (1) (a) In order to qualify an initiative petition for placement on the regular general
189     election ballot, the sponsors shall deliver each signed and verified initiative packet to the
190     county clerk of the county in which the packet was circulated [on or] before 5 p.m. no later
191     than the sooner of:
192          (i) 316 days after the day on which the application for the initiative petition is filed; or
193          (ii) the [April] February 15 immediately before the next regular general election
194     [immediately] after the application is filed under Section 20A-7-202.
195          (b) A sponsor may not submit an initiative packet after the deadline established in this
196     Subsection (1).
197          (2) [(a)] No later than [May 1] April 1 before the regular general election, the county
198     clerk shall:
199          [(i)] (a) check the names of all persons completing the verification for the initiative
200     packet to determine whether those persons are residents of Utah and are at least 18 years old;
201     [and]
202          [(ii)] (b) submit the name of each of those persons who is not a Utah resident or who is
203     not at least 18 years old to the attorney general and county attorney[.];
204          [(b) The county clerk may not certify a signature under Subsection (3) on an initiative
205     packet that is not verified in accordance with Section 20A-7-205.]
206          [(3) No later than May 15 before the regular general election, the county clerk shall:]
207          (c) remove signatures in accordance with Subsection (4);
208          [(a)] (d) determine whether each signer is a registered voter according to the
209     requirements of Section 20A-7-206.3;
210          [(b)] (e) certify on the petition whether each name is that of a registered voter; and
211          [(c)] (f) deliver all of the verified initiative packets to the lieutenant governor.
212          (3) The county clerk may not certify a signature under Subsection (2) on an initiative
213     packet that is not verified in accordance with Section 20A-7-205.
214          (4) Upon receipt of an initiative packet under Subsection [(3)] (1) and any statement
215     submitted under Subsection 20A-7-205(3), the [lieutenant governor shall] county clerk shall,
216     before complying with Subsections (2)(d) through (f), remove from the initiative petition a
217     voter's signature if the voter has requested the removal in accordance with Subsection
218     20A-7-205(3).
219          (5) In order to qualify an initiative petition for submission to the Legislature, the
220     sponsors shall deliver each signed and verified initiative packet to the county clerk of the
221     county in which the packet was circulated [by] before 5 p.m. no later than the November 15
222     before the next annual general session of the Legislature immediately after the application is
223     filed under Section 20A-7-202.
224          (6) (a) No later than December 1 before the annual general session of the Legislature,
225     the county clerk shall, for an initiative described in Subsection (5):
226          (i) check the names of all persons completing the verification for the initiative packet
227     to determine whether those persons are Utah residents and are at least 18 years old; and
228          (ii) submit the name of each of those persons who is not a Utah resident or who is not
229     at least 18 years old to the attorney general and county attorney.
230          (b) The county clerk may not certify a signature under Subsection (7) on an initiative
231     packet that is not verified in accordance with Section 20A-7-205.
232          (7) No later than December 15 before the annual general session of the Legislature, the
233     county clerk shall, for an initiative described in Subsection (5):
234          (a) determine whether each signer is a registered voter according to the requirements of
235     Section 20A-7-206.3;
236          (b) certify on the petition whether each name is that of a registered voter; and
237          (c) deliver all of the verified initiative packets to the lieutenant governor.
238          [(8) The sponsor or their representatives may not retrieve initiative packets from the
239     county clerks once they have submitted them.]
240          (8) The sponsor or a sponsor's representative may not retrieve an initiative packet from
241     a county clerk after the initiative packet is submitted to the county clerk.
242          Section 5. Section 20A-7-207 is amended to read:
243          20A-7-207. Evaluation by the lieutenant governor.
244          (1) When each initiative packet is received from a county clerk, the lieutenant governor
245     shall check off from the record the number of each initiative packet filed.
246          (2) (a) After all of the initiative packets have been received by the lieutenant governor
247     and the [lieutenant governor] county clerk has removed the signatures as required by Section
248     20A-7-206, the lieutenant governor shall:
249          (i) count the number of the names certified by the county clerks that remain on each
250     verified signature sheet; and
251          (ii) declare the petition to be sufficient or insufficient [by June 1] no later than April 15
252     before the regular general election described in Subsection 20A-7-201(2)(b).
253          (b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds
254     the number of names required by Section 20A-7-201 and the requirements of this part are met,
255     the lieutenant governor shall mark upon the front of the petition the word "sufficient."
256          (c) If the total number of names counted under Subsection (2)(a)(i) does not equal or
257     exceed the number of names required by Section 20A-7-201 or a requirement of this part is not
258     met, the lieutenant governor shall mark upon the front of the petition the word "insufficient."
259          (d) The lieutenant governor shall immediately notify any one of the sponsors of the
260     lieutenant governor's finding.
261          (3) [Once] After a petition is declared insufficient, the sponsors may not submit
262     additional signatures to qualify the petition for the ballot.
263          (4) (a) If the lieutenant governor refuses to accept and file [any] an initiative petition
264     that a sponsor believes is legally sufficient, any voter may, [by June 15] no later than April 30,
265     apply to the [supreme] appropriate court for an extraordinary writ to compel the lieutenant
266     governor to [do so] accept and file the initiative petition.
267          (b) The [supreme] court shall:
268          (i) determine whether [or not] the initiative petition is legally sufficient; and
269          (ii) certify [its] the court's findings to the lieutenant governor.
270          (c) If the [supreme] court certifies that the initiative petition is legally sufficient, the
271     lieutenant governor shall file [it] the initiative petition, with a verified copy of the judgment
272     attached to [it] the initiative petition, as of the date on which [it] the initiative petition was
273     originally offered for filing in the lieutenant governor's office.
274          (d) If the [supreme] court determines that [any] a petition filed is not legally sufficient,
275     the [supreme] court may enjoin the lieutenant governor and all other officers from certifying or
276     printing the ballot title and numbers of that measure on the official ballot.
277          (5) A petition determined to be sufficient in accordance with this section is qualified
278     for the ballot.
279          Section 6. Section 20A-7-301 is amended to read:
280          20A-7-301. Referendum -- Signature requirements -- Submission to voters.
281          (1) (a) A person seeking to have a law passed by the Legislature submitted to a vote of
282     the people shall obtain:
283          [(i) legal signatures equal to 10% of the cumulative total of all votes cast by voters of
284     this state for all candidates for President of the United States at the last regular general election
285     at which a President of the United States was elected; and]
286          [(ii) from each of at least 15 counties, legal signatures equal to 10% of the total of all
287     votes cast in that county for all candidates for President of the United States at the last regular
288     general election at which a President of the United States was elected.]
289          (i) legal signatures equal to 8% of the number of active voters in the state on January 1
290     immediately following the last regular general election; and
291          (ii) from at least 15 counties, legal signatures equal to 8% of the number of active
292     voters in that county on January 1 immediately following the last regular general election.
293          (b) When the lieutenant governor declares a referendum petition sufficient under this
294     part, the governor shall issue an executive order that:
295          (i) directs that the referendum be submitted to the voters at the next regular general
296     election; or
297          (ii) calls a special election according to the requirements of Section 20A-1-203 and
298     directs that the referendum be submitted to the voters at that special election.
299          (2) When a referendum petition has been declared sufficient, the law that is the subject
300     of the petition does not take effect unless and until it is approved by a vote of the people at a
301     regular general election or a statewide special election.
302          [(3) The lieutenant governor shall provide to any interested person from the official
303     canvass of the last regular general election at which a President of the United States was
304     elected:]
305          [(a) the cumulative total of all votes cast by voters of this state for all candidates for
306     President of the United States; and]
307          [(b) for each county, the total of all votes cast in that county for all candidates for
308     President of the United States.]
309          (3) The lieutenant governor shall provide the following information to any interested
310     person:
311          (a) the number of active voters in the state on January 1 immediately following the last
312     regular general election; and
313          (b) for each county, the number of active voters in that county on January 1
314     immediately following the last regular general election.
315          Section 7. Section 20A-7-704 is amended to read:
316          20A-7-704. Initiative measures -- Arguments for and against -- Voters' requests
317     for argument -- Ballot arguments.
318          (1) (a) (i) (A) By July 10 of the regular general election year, the sponsors of any
319     initiative petition that has been declared sufficient by the lieutenant governor may deliver to the
320     lieutenant governor an argument for the adoption of the measure.
321          (B) If two or more sponsors wish to submit arguments for the measure, the lieutenant
322     governor shall designate one of the sponsors to submit the argument for the sponsor's side of
323     the measure.
324          (ii) (A) Any member of the Legislature may request permission to submit an argument
325     against the adoption of the measure.
326          (B) If two or more legislators wish to submit an argument against the measure, the
327     presiding officers of the Senate and House of Representatives shall jointly designate one of the
328     legislators to submit the argument to the lieutenant governor.
329          (b) The sponsors and the legislators submitting arguments shall ensure that each
330     argument:
331          (i) does not exceed 500 words in length; and
332          (ii) is delivered by July 10.
333          (2) (a) If an argument for or against a measure to be submitted to the voters by
334     initiative petition has not been filed within the time required under Subsection (1):
335          (i) the Office of the Lieutenant Governor shall immediately:
336          (A) send an electronic notice that complies with the requirements of Subsection (2)(b)
337     to each individual in the state for whom the Office of the Lieutenant Governor has an email
338     address; or
339          (B) post a notice that complies with the requirements of Subsection (2)(b) on the home
340     page of the lieutenant governor's website;
341          (ii) any voter may request the lieutenant governor for permission to prepare an
342     argument for the side on which no argument has been filed; and
343          (iii) if two or more voters request permission to submit arguments on the same side of
344     a measure, the lieutenant governor shall designate one of the voters to write the argument.
345          (b) A notice described in Subsection (2)(a)(i) shall contain:
346          (i) the ballot title for the measure;
347          (ii) instructions on how to submit a request under Subsection (2)(a)(ii); and
348          (iii) the deadline described in Subsection (2)(c).
349          (c) Any argument prepared under this Subsection (2) shall be submitted to the
350     lieutenant governor by July 20.
351          (3) The lieutenant governor may not accept a ballot argument submitted under this
352     section unless it is accompanied by:
353          (a) the name and address of the person submitting it, if it is submitted by an individual
354     voter; or
355          (b) the name and address of the organization and the names and addresses of at least
356     two of its principal officers, if it is submitted on behalf of an organization.
357          (4) (a) Except as provided in Subsection (4)(c) or (d), the authors may not amend or
358     change the arguments after they are submitted to the lieutenant governor.
359          (b) Except as provided in Subsection (4)(c) or (d), the lieutenant governor may not
360     alter the arguments in any way.
361          (c) The lieutenant governor and the authors of an argument described in this section
362     may jointly modify [an] the argument after [it] the argument is submitted if:
363          (i) [they] the lieutenant governor and the authors jointly agree that changes to the
364     argument must be made to:
365          (A) correct spelling or grammatical errors; [and] or
366          (B) properly characterize the position of a state entity, if the argument mischaracterizes
367     the position of a state entity; and
368          (ii) the argument has not yet been submitted for typesetting.
369          (d) If, after the lieutenant governor determines that an argument described in this
370     section mischaracterizes the position of a state entity, the lieutenant governor and the authors of
371     the argument cannot jointly agree on a change to the argument, the lieutenant governor:
372          (i) shall publish the argument with the mischaracterization; and
373          (ii) may, immediately following the argument, publish a brief description of the
374     position of the state entity.
375          Section 8. Section 20A-7-705 is amended to read:
376          20A-7-705. Measures to be submitted to voters and referendum measures --
377     Preparation of argument of adoption.
378          (1) (a) Whenever the Legislature submits any measure to the voters or whenever an act
379     of the Legislature is referred to the voters by referendum petition, the presiding officer of the
380     house of origin of the measure shall appoint the sponsor of the measure or act and one member
381     of either house who voted with the majority to pass the act or submit the measure to draft an
382     argument for the adoption of the measure.
383          (b) (i) The argument may not exceed 500 words in length.
384          (ii) If the sponsor of the measure or act desires separate arguments to be written in
385     favor by each person appointed, separate arguments may be written but the combined length of
386     the two arguments may not exceed 500 words.
387          (2) (a) If a measure or act submitted to the voters by the Legislature or by referendum
388     petition was not adopted unanimously by the Legislature, the presiding officer of each house
389     shall, at the same time as appointments to an argument in its favor are made, appoint one
390     member who voted against the measure or act from their house to write an argument against
391     the measure or act.
392          (b) (i) The argument may not exceed 500 words.
393          (ii) If those members appointed to write an argument against the measure or act desire
394     separate arguments to be written in opposition to the measure or act by each person appointed,
395     separate arguments may be written, but the combined length of the two arguments may not
396     exceed 500 words.
397          (3) (a) The legislators appointed by the presiding officer of the Senate or House of
398     Representatives to submit arguments shall submit [them] the arguments to the lieutenant
399     governor not later than the day that falls 150 days before the date of the election.
400          (b) Except as provided in Subsection (3)(d), the authors may not amend or change the
401     arguments after they are submitted to the lieutenant governor.
402          (c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
403     arguments in any way.
404          (d) The lieutenant governor and the authors of an argument may jointly modify an
405     argument after it is submitted if:
406          (i) they jointly agree that changes to the argument must be made to correct spelling or
407     grammatical errors; and
408          (ii) the argument has not yet been submitted for typesetting.
409          (4) (a) If an argument for or an argument against a measure submitted to the voters by
410     the Legislature or by referendum petition has not been filed by a member of the Legislature
411     within the time required by this section:
412          (i) the [Office of the Lieutenant Governor] lieutenant governor shall immediately:
413          (A) send an electronic notice that complies with the requirements of Subsection (4)(b)
414     to each individual in the state for whom the Office of the Lieutenant Governor has an email
415     address; or
416          (B) post a notice that complies with the requirements of Subsection (4)(b) on the home
417     page of the lieutenant governor's website; and
418          (ii) any voter may request the presiding officer of the house in which the measure
419     originated for permission to prepare and file an argument for the side on which no argument
420     has been filed by a member of the Legislature.
421          (b) A notice described in Subsection (4)(a)(i) shall contain:
422          (i) the ballot title for the measure;
423          (ii) instructions on how to submit a request under Subsection (4)(a)(ii); and
424          (iii) the deadline described in Subsection (4)(d).
425          (c) (i) The presiding officer of the house of origin shall grant permission unless two or
426     more voters request permission to submit arguments on the same side of a measure.
427          (ii) If two or more voters request permission to submit arguments on the same side of a
428     measure, the presiding officer shall designate one of the voters to write the argument.
429          (d) Any argument prepared under this Subsection (4) shall be submitted to the
430     lieutenant governor not later than 135 days before the date of the election.
431          (e) The lieutenant governor may not accept a ballot argument submitted under this
432     section unless [it] the ballot argument is accompanied by:
433          (i) the name and address of the [person submitting it, if it] individual submitting the
434     argument, if the argument is submitted by an individual voter; or
435          (ii) the name and address of the organization and the names and addresses of at least
436     two of [its] the organization's principal officers, if [it] the argument is submitted on behalf of
437     an organization.
438          (f) Except as provided in Subsection (4)(h), the authors may not amend or change the
439     arguments after they are submitted to the lieutenant governor.
440          (g) Except as provided in Subsection (4)(h), the lieutenant governor may not alter the
441     arguments in any way.
442          (h) The lieutenant governor and the authors of an argument may jointly modify an
443     argument after it is submitted if:
444          (i) they jointly agree that changes to the argument must be made to:
445          (A) correct spelling or grammatical errors; [and] or
446          (B) properly characterize the position of a state entity, if the argument mischaracterizes
447     the position of a state entity; and
448          (ii) the argument has not yet been submitted for typesetting.
449          (i) If, after the lieutenant governor determines that an argument described in this
450     section mischaracterizes the position of a state entity, the lieutenant governor and the authors of
451     the argument cannot jointly agree on a change to the argument, the lieutenant governor:
452          (i) shall publish the argument with the mischaracterization; and
453          (ii) may, immediately following the argument, publish a brief description of the
454     position of the state entity.
455          Section 9. Coordinating H.B. 195 with S.B. 33 -- Substantive and technical
456     amendments.
457          If this H.B. 195 and S.B. 33, Political Procedures Amendments, both pass and become
458     law, but H.B. 145, Citizen Political Process Amendments, does not pass, it is the intent of the
459     Legislature that the Office of Legislative Research and General Counsel shall prepare the Utah
460     Code database for publication, as follows:
461          (1) the changes to Section 20A-7-205 in H.B. 195 supercede the changes to Section
462     20A-7-205 in S.B. 33; and
463          (2) the changes to Section 20A-7-206 in H.B. 195 supercede the changes to Section
464     20A-7-206 in S.B. 33.