Representative Norman K. Thurston proposes the following substitute bill:


1     
INITIATIVES AND REFERENDA AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to initiatives and referenda.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions regarding the publication of certain information related to an
13     individual who signs an initiative or referendum petition;
14          ▸     modifies deadlines relating to the statewide referendum process;
15          ▸     modifies appeal provisions;
16          ▸     provides for a temporary stay, under certain circumstances, of a proposed law to
17     which a referendum petition applies;
18          ▸     addresses the effective date of a proposed law approved by the voters;
19          ▸     provides that a referendum petition is void if the Legislature repeals the proposed
20     law; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          20A-7-206, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
29     amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
30          20A-7-302, as last amended by Laws of Utah 2019, Chapter 255
31          20A-7-305, as last amended by Laws of Utah 2019, Chapters 210, 255 and last
32     amended by Coordination Clause, Laws of Utah 2019, Chapter 210
33          20A-7-306, as last amended by Laws of Utah 2019, Chapters 210, 255 and last
34     amended by Coordination Clause, Laws of Utah 2019, Chapter 210
35          20A-7-307, as last amended by Laws of Utah 2019, Chapter 210
36          20A-7-310, as last amended by Laws of Utah 2010, Chapter 367
37          20A-7-311, as enacted by Laws of Utah 1994, Chapter 1
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 20A-7-206 is amended to read:
41          20A-7-206. Submitting the initiative petition -- Certification of signatures by the
42     county clerks -- Transfer to lieutenant governor.
43          (1) (a) In order to qualify an initiative petition for placement on the regular general
44     election ballot, the sponsors shall deliver a signed and verified initiative packet to the county
45     clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
46          (i) 30 days after the day on which the first individual signs the initiative packet;
47          (ii) 316 days after the day on which the application for the initiative petition is filed; or
48          (iii) the February 15 immediately before the next regular general election immediately
49     after the application is filed under Section 20A-7-202.
50          (b) A sponsor may not submit an initiative packet after the deadline described in
51     Subsection (1)(a).
52          (2) For an initiative packet received by the county clerk before December 1, the county
53     clerk shall, within 30 days after the day on which the county clerk receives the packet:
54          (a) determine whether each signer is a registered voter according to the requirements of
55     Section 20A-7-206.3;
56          (b) certify on the petition whether each name is that of a registered voter;
57          (c) post the name and voter identification number of each registered voter certified
58     under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
59     and
60          (d) deliver the verified initiative packet to the lieutenant governor.
61          (3) For an initiative packet received by the county clerk on or after December 1, the
62     county clerk shall, within 21 days after the day on which the county clerk receives the packet:
63          (a) determine whether each signer is a registered voter according to the requirements of
64     Section 20A-7-206.3;
65          (b) certify on the petition whether each name is that of a registered voter;
66          (c) post the name and [precinct] voter identification number of each registered voter
67     certified under Subsection (2)(b) in a conspicuous location on the county's website for at least
68     45 days; and
69          (d) deliver the verified initiative packet to the lieutenant governor.
70          (4) Within seven days after timely receipt of a statement described in Subsection
71     20A-7-205(3), the county clerk shall:
72          (a) remove the voter's [signature] name and voter identification number from the
73     posting described in Subsection (2)(c) or (3)(c); and
74          (b) (i) remove the voter's signature from the signature packet totals; and
75          (ii) inform the lieutenant governor of the removal.
76          (5) The county clerk may not certify a signature under Subsection (2) or (3):
77          (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
78          (b) that does not have a date of signature next to the signature.
79          (6) In order to qualify an initiative petition for submission to the Legislature, the
80     sponsors shall deliver each signed and verified initiative packet to the county clerk of the
81     county in which the packet was circulated before 5 p.m. no later than the November 15 before
82     the next annual general session of the Legislature immediately after the application is filed
83     under Section 20A-7-202.
84          (7) The county clerk may not certify a signature under Subsection (8) on an initiative
85     packet that is not verified in accordance with Section 20A-7-205.
86          (8) No later than December 15 before the annual general session of the Legislature, the
87     county clerk shall, for an initiative described in Subsection (6):
88          (a) determine whether each signer is a registered voter according to the requirements of
89     Section 20A-7-206.3;
90          (b) certify on the petition whether each name is that of a registered voter; and
91          (c) deliver all of the verified initiative packets to the lieutenant governor.
92          (9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
93     a county clerk after the initiative packet is submitted to the county clerk.
94          Section 2. Section 20A-7-302 is amended to read:
95          20A-7-302. Referendum process -- Application procedures.
96          (1) Persons wishing to circulate a referendum petition shall file an application with the
97     lieutenant governor before 5 p.m. within five calendar days after the [end of] day on which the
98     legislative session at which the law passed ends.
99          (2) The application shall contain:
100          (a) the name and residence address of at least five sponsors of the referendum petition;
101          (b) a certification indicating that each of the sponsors:
102          (i) is a voter; and
103          (ii) has voted in a regular general election in Utah within the last three years;
104          (c) the signature of each of the sponsors, attested to by a notary public; and
105          (d) a copy of the law.
106          Section 3. Section 20A-7-305 is amended to read:
107          20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
108          (1) A Utah voter may sign a referendum petition if the voter is a legal voter.
109          (2) (a) The sponsors shall ensure that the individual in whose presence each signature
110     sheet was signed:
111          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
112          (ii) verifies each signature sheet by completing the verification printed on the last page
113     of each referendum packet; and
114          (iii) is informed that each signer is required to read and understand the law that the
115     referendum seeks to overturn.
116          (b) A person may not sign the verification printed on the last page of the referendum
117     packet if the person signed a signature sheet in the referendum packet.
118          (3) (a) A voter who has signed a referendum petition may have the voter's signature
119     removed from the petition by submitting to the county clerk a statement requesting that the
120     voter's signature be removed no later than the earlier of:
121          (i) 14 days after the day on which the voter signs the statement requesting removal; or
122          (ii) 45 days after the day on which the county clerk posts the voter's name under
123     Subsection 20A-7-306(3)(c).
124          (b) (i) The statement shall include:
125          (A) the name of the voter;
126          (B) the resident address at which the voter is registered to vote;
127          (C) the signature of the voter; and
128          (D) the date of the signature described in Subsection (3)(b)(i)(C).
129          (ii) To increase the likelihood of the voter's signature being identified and removed, the
130     statement may include the voter's birth date or age.
131          (c) A voter may not submit a statement by email or other electronic means.
132          (d) In order for the signature to be removed, the county clerk must receive the
133     statement before 5 p.m. no later than 45 days after the day on which the county clerk posts the
134     voter's name under Subsection 20A-7-306(3)(c).
135          (e) A person may only remove a signature from a referendum petition in accordance
136     with this Subsection (3).
137          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
138     a referendum petition, in accordance with Section 20A-7-206.3.
139          Section 4. Section 20A-7-306 is amended to read:
140          20A-7-306. Submitting the referendum petition -- Certification of signatures by
141     the county clerks -- Transfer to lieutenant governor.
142          (1) (a) The sponsors shall deliver a signed and verified referendum packet to the county
143     clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
144          (i) 14 days after the day on which the first individual signs the referendum packet; or
145          (ii) 40 days after the [end of] day on which the legislative session at which the law
146     passed ends.
147          (b) A sponsor may not submit a referendum packet after the deadline described in
148     Subsection (1)(a).
149          (2) (a) No later than 14 days after the day on which the county clerk receives a verified
150     referendum packet, the county clerk shall:
151          (i) check the name of each individual who completes the verification on the last page
152     of each referendum packet to determine whether the individual is a resident of Utah and is at
153     least 18 years old; and
154          (ii) submit the name of each individual who is not a Utah resident or who is not at least
155     18 years old to the attorney general and county attorney.
156          (b) The county clerk may not certify a signature under Subsection (3):
157          (i) on a referendum packet that is not verified in accordance with Section 20A-7-305;
158     or
159          (ii) that does not have a date of signature next to the signature.
160          (3) No later than 14 days after the day on which the county clerk receives a verified
161     referendum packet, the county clerk shall:
162          (a) determine whether each signer is a registered voter according to the requirements of
163     Section 20A-7-306.3;
164          (b) certify on the referendum petition whether each name is that of a registered voter;
165          (c) post the name and voter identification number of each registered voter certified
166     under Subsection (3)(b) in a conspicuous location on the county's website for at least 45 days;
167     and
168          (d) deliver the verified referendum packet to the lieutenant governor.
169          [(4) Within two business days after timely receipt of a statement described in
170     Subsection 20A-7-305(3), the county clerk shall:]
171          [(a) remove the voter's signature from the posting described in Subsection (3)(c); and]
172          [(b) inform the lieutenant governor of the removal.]
173          (4) The county clerk shall, after timely receipt of a statement requesting signature
174     removal under Subsection 20A-7-305(3), remove the voter's name and voter identification
175     number from the posting described in Subsection (3)(c), and notify the lieutenant governor's
176     office of the removal, the earlier of:
177          (a) within two business days after the day on which the the county clerk timely receives
178     the statement; or
179          (b) 99 days after the day on which the legislative session at which the law passed ends.
180          (5) The sponsor or a sponsor's representative may not retrieve a referendum packet
181     from a county clerk after the referendum packet is submitted to the county clerk.
182          Section 5. Section 20A-7-307 is amended to read:
183          20A-7-307. Evaluation by the lieutenant governor.
184          (1) When a referendum packet is received from a county clerk, the lieutenant governor
185     shall check off from the record the number of the referendum packet received.
186          (2) (a) The lieutenant governor shall, within [14] seven days after the day on which the
187     lieutenant governor receives a referendum packet from a county clerk:
188          (i) count the number of the names certified by the county clerks on each verified
189     signature sheet; and
190          (ii) update on the lieutenant governor's website the number of signatures certified as of
191     the date of the update.
192          (b) The lieutenant governor shall[: (i) within one business day after the day on which
193     the lieutenant governor provides the notification described in Subsection 20A-7-306(4)(b),]
194     subtract the number of signatures removed from the number of signatures certified and update
195     the number on the lieutenant governor's website accordingly[; and] no later than the earlier of:
196          (i) one business day after the day on which the county clerk provides the notification
197     described in Subsection 20A-7-306(4); or
198          (ii) 54 days after the day on which the legislative session at which the law passed ends.
199          [(ii)] (c) The lieutenant governor:
200          (i) shall, except as provided in Subsection (2)(c)(ii), declare the petition to be sufficient
201     or insufficient [95] 99 days after the end of the legislative session at which the law passed[.]; or
202          (ii) may declare the petition to be insufficient before the day described in Subsection
203     (2)(c)(i) if, after the county clerks have finished certifying all valid signatures on the timely and
204     lawfully submitted signature packets, the lieutenant governor makes the determination
205     described in Subsection (2)(e).
206          [(c)] (d) If the total number of names certified under this Subsection (2) equals or
207     exceeds the number of names required under Section 20A-7-301, and the requirements of this
208     part are met, the lieutenant governor shall mark upon the front of the petition the word
209     "sufficient."
210          [(d)] (e) If the total number of names certified under this Subsection (2) does not equal
211     or exceed the number of names required under Section 20A-7-301 or a requirement of this part
212     is not met, the lieutenant governor shall mark upon the front of the petition the word
213     "insufficient."
214          [(e)] (f) The lieutenant governor shall immediately notify any one of the sponsors of
215     the lieutenant governor's finding.
216          [(f)] (g) After a petition is declared insufficient, the sponsors may not submit additional
217     signatures to qualify the petition for the ballot.
218          (3) (a) If the lieutenant governor refuses to accept and file a referendum petition, any
219     voter may, not later than 10 days after the day on which the lieutenant governor declares the
220     petition insufficient, apply to the appropriate court for an extraordinary writ to compel the
221     lieutenant governor to accept and file the referendum petition.
222          (b) If the court determines that the referendum petition is legally sufficient, the
223     lieutenant governor shall file the referendum petition, with a verified copy of the judgment
224     attached to the referendum petition, as of the date on which the referendum petition was
225     originally offered for filing in the lieutenant governor's office.
226          (c) If the court determines that a petition filed is not legally sufficient, the court may
227     enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
228     and numbers of that measure on the official ballot.
229          (4) A petition determined to be sufficient in accordance with this section is qualified
230     for the ballot.
231          Section 6. Section 20A-7-310 is amended to read:
232          20A-7-310. Return and canvass -- Conflicting measures.
233          (1) The votes on the law proposed by the referendum petition shall be counted,
234     canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
235          (2) After the state board of canvassers completes its canvass, the lieutenant governor
236     shall certify to the governor the vote for and against the law proposed by the referendum
237     petition.
238          (3) (a) The governor shall immediately issue a proclamation that:
239          (i) gives the total number of votes cast in the state for and against each law proposed by
240     a referendum petition; and
241          (ii) declares those laws proposed by a referendum petition that were approved by
242     majority vote to be in full force and effect as the law of Utah on the effective date described in
243     Section 20A-7-311.
244          (b) When the governor believes that two proposed laws, or that parts of two proposed
245     laws approved by the people at the same election are entirely in conflict, [he] the governor shall
246     proclaim that measure to be law that has received the greatest number of affirmative votes,
247     regardless of the difference in the majorities which those measures have received.
248          (4) (a) Within 10 days after the governor's proclamation, any qualified voter who
249     signed the referendum petition proposing the law that is declared by the governor to be
250     superseded by another measure approved at the same election may apply to the [Supreme
251     Court] appropriate court to review the governor's decision.
252          (b) The [Supreme Court] court shall:
253          (i) consider the matter and decide whether [or not] the proposed laws are in conflict;
254     and
255          (ii) [certify its decision to the governor] enter an order consistent with the court's
256     decision.
257          (5) Within 10 days after the [Supreme Court certifies its decision] day on which the
258     court enters an order described in Subsection (4)(b)(ii), the governor shall:
259          (a) proclaim all those measures approved by the people as law that the [Supreme Court
260     has determined] court determines are not in conflict; and
261          (b) of all those measures approved by the people as law that the [Supreme Court has
262     determined] court determines to be in conflict, proclaim as law the one that [received] receives
263     the greatest number of affirmative votes, regardless of difference in majorities.
264          Section 7. Section 20A-7-311 is amended to read:
265          20A-7-311. Temporary stay -- Effective date -- Effect of repeal by Legislature.
266          (1) If, at the time during the counting period described in Subsection 20A-7-307(2), the
267     lieutenant governor determines that, at that point in time, an adequate number of signatures are
268     certified to comply with the signature requirements, the lieutenant governor shall:
269          (a) issue an order temporarily staying the law from going into effect; and
270          (b) continue the process of certifying signatures and removing signatures as required by
271     this part.
272          (2) The temporary stay described in Subsection (1) remains in effect, regardless of
273     whether a future count falls below the signature threshold, until the day on which:
274          (a) if the lieutenant governor declares the petition insufficient, five days after the day
275     on which the lieutenant governor declares the petition insufficient; or
276          (b) if the lieutenant governor declares the petition sufficient, the day on which
277     governor issues the proclamation described in Section 20A-7-310.
278          [(1) (a) Any] (3) A proposed law submitted to the people by referendum petition that
279     is approved by the voters at [any] an election [does not take effect until at least] takes effect the
280     later of:
281          (a) five days after the date of the official proclamation of the vote by the governor[.]; or
282          (b) the effective date specified in the proposed law.
283          [(b) Any act or law submitted to the people by referendum that is approved by the
284     voters at any election takes effect on the date specified in the referendum petition.]
285          [(c) If the referendum petition does not specify an effective date, a law approved by the
286     voters at any election takes effect five days after the date of the official proclamation of the
287     vote by the governor.]
288          (4) If, after the lieutenant governor issues a temporary stay order under Subsection
289     (1)(a), the lieutenant governor declares the petition insufficient, the proposed law takes effect
290     the later of:
291          (a) five days after the day on which the lieutenant governor declares the petition
292     insufficient; or
293          (b) the effective date specified in the proposed law.
294          [(2)] (5) (a) The governor may not veto a law adopted by the people.
295          (b) The Legislature may amend any laws approved by the people at any legislative
296     session after the [law has taken effect] people approve the law.
297          (6) If the Legislature repeals a law challenged by referendum petition under this part,
298     the referendum petition is void and no further action on the referendum petition is required.