Representative Melissa G. Ballard proposes the following substitute bill:


1     
BALLOT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Melissa G. Ballard

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating initiatives and referenda on ballots.
10     Highlighted Provisions:
11          This bill:
12          ▸     replaces a ballot title for an initiative or referendum with a short title and summary;
13          ▸     establishes requirements for the short title and summary;
14          ▸     provides for the ballot to include the short title of initiatives and referenda and to
15     refer to a ballot proposition insert, included with the ballot, for a voter to review
16     information relating to the initiatives and referenda;
17          ▸     describes the content of a ballot proposition insert; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-7-209, as last amended by Laws of Utah 2021, Chapter 140
26          20A-7-308, as last amended by Laws of Utah 2021, Chapter 140
27          20A-7-508, as last amended by Laws of Utah 2021, Chapter 140
28          20A-7-608, as last amended by Laws of Utah 2021, Chapter 140
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 20A-7-209 is amended to read:
32          20A-7-209. Short title and summary of initiative -- Duties of lieutenant governor
33     and Office of Legislative Research and General Counsel.
34          (1) On or before June 5 before the regular general election, the lieutenant governor
35     shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
36     Legislative Research and General Counsel.
37          (2) (a) The Office of Legislative Research and General Counsel shall:
38          (i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
39     and give it a number as assigned under Section 20A-6-107;
40          [(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
41     measure; and]
42          (ii) prepare for each initiative:
43          (A) an impartial short title, not exceeding 25 words, that generally describes the subject
44     of the initiative; and
45          (B) an impartial summary of the contents of the measure, not exceeding 125 words;
46     and
47          (iii) return each petition [and ballot title], short title, and summary to the lieutenant
48     governor on or before June 26.
49          (b) The [ballot title] short title and summary may be distinct from the title of the
50     proposed law attached to the initiative petition[, and may not exceed 100 words].
51          (c) If the initiative proposes a tax increase, the Office of Legislative Research and
52     General Counsel shall include the following statement, in bold, in the [ballot title] summary:
53          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
54     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
55     increase in the current tax rate.".
56          (d) For each state initiative, the official ballot shall show, in the following order:
57          (i) the number of the initiative, determined in accordance with Section 20A-6-107;
58          (ii) the short title; and
59          [(ii)] (iii) the initial fiscal impact estimate prepared under Section 20A-7-202.5, as
60     updated under Section 20A-7-204.1[; and].
61          [(iii) the ballot title described in this section.]
62          (e) For each ballot that includes an initiative or referendum, the election officer shall
63     include with the ballot a separate ballot proposition insert that includes the short title and
64     summary for each initiative and referendum on the ballot and a link to a location on the
65     lieutenant governor's website where a voter may review additional information relating to each
66     initiative or referendum, including:
67          (i) for an initiative, the information described in Subsection 20A-7-202(2), the fiscal
68     impact estimate described in Section 20A-7-202.5, as updated, and the arguments relating to
69     the initiative that are included in the voter information pamphlet; or
70          (ii) for a referendum, the information described in Subsection 20A-7-302(2) and the
71     arguments relating to the referendum that are included in the voter information pamphlet.
72          (f) For each ballot that includes an initiative or referendum, the ballot shall include the
73     following statement at the beginning of the portion of the ballot that includes ballot measures,
74     "The ballot proposition sheet included with this ballot contains an impartial summary of each
75     initiative and referendum on this ballot."
76          (3) On or before June 27, the lieutenant governor shall mail a copy of the [ballot title]
77     short title and summary to any sponsor of the petition.
78          (4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
79     challenge the wording of the [ballot title] short title and summary prepared by the Office of
80     Legislative Research and General Counsel to the appropriate court.
81          (ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
82     notice of the challenge to:
83          (A) any person or group that has filed an argument for or against the measure that is the
84     subject of the challenge; or
85          (B) any political issues committee established under Section 20A-11-801 that has filed
86     written or electronic notice with the lieutenant governor that identifies the name, mailing or
87     email address, and telephone number of the individual designated to receive notice about any
88     issues relating to the initiative.
89          (b) (i) There is a presumption that the [ballot] short title prepared by the Office of
90     Legislative Research and General Counsel is an impartial [summary] description of the
91     contents of the initiative.
92          (ii) The court may not revise the wording of the [ballot] short title unless the plaintiffs
93     rebut the presumption by clearly and convincingly establishing that the [ballot] short title is
94     [patently] false or biased.
95          (iii) There is a presumption that the summary prepared by the Office of Legislative
96     Research and General Counsel is an impartial summary of the contents of the initiative.
97          (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
98     the presumption by clearly and convincingly establishing that the summary is false or biased.
99          (c) The court shall:
100          (i) examine the [ballot] short title and summary;
101          (ii) hear arguments; and
102          (iii) [certify to the lieutenant governor a ballot title for the measure that meets] enter an
103     order consistent with the requirements of this section.
104          (d) The lieutenant governor shall, in accordance with the court's order, certify the [title
105     verified by the court to the county clerks to be printed on the official ballot] short title and
106     summary to the county clerks for inclusion in the ballot and ballot proposition insert, as
107     required by this section.
108          Section 2. Section 20A-7-308 is amended to read:
109          20A-7-308. Short title and summary of referendum -- Duties of lieutenant
110     governor and Office of Legislative Research and General Counsel.
111          (1) Whenever a referendum petition is declared sufficient for submission to a vote of
112     the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
113     the Office of Legislative Research and General Counsel.
114          (2) (a) The Office of Legislative Research and General Counsel shall:
115          (i) entitle each state referendum that qualifies for the ballot "Proposition Number __"
116     and assign a number to the referendum in accordance with Section 20A-6-107;
117          [(ii) prepare an impartial ballot title for the referendum summarizing the contents of the
118     measure; and]
119          (ii) prepare for each referendum:
120          (A) an impartial short title, not exceeding 25 words, that generally describes the
121     measure; and
122          (B) an impartial summary of the contents of the measure, not exceeding 125 words;
123          (iii) submit the [ballot title] short title and summary to the lieutenant governor within
124     15 days after the day on which the Office of Legislative Research and General Counsel receives
125     the petition under Subsection (1).
126          (b) The [ballot title] short title and summary may be distinct from the title of the law
127     that is the subject of the petition[, and may not exceed 100 words].
128          (c) For each state referendum, the official ballot shall show, in the following order:
129          (i) the number of the referendum, determined in accordance with Section 20A-6-107;
130     and
131          (ii) the [ballot] short title described in this section.
132          (d) For each ballot that includes an initiative or referendum, the election officer shall
133     include with the ballot a separate ballot proposition insert that includes the short title and
134     summary for each initiative and referendum on the ballot and a link to a location on the
135     lieutenant governor's website where a voter may review additional information relating to each
136     initiative or referendum, including:
137          (i) for an initiative, the information described in Subsection 20A-7-202(2), the fiscal
138     impact estimate described in Section 20A-7-202.5, as updated, and the arguments relating to
139     the initiative that are included in the voter information pamphlet; or
140          (ii) for a referendum, the information described in Subsection 20A-7-302(2) and the
141     arguments relating to the referendum that are included in the voter information pamphlet.
142          (e) For each ballot that includes an initiative or referendum, the ballot shall include the
143     following statement at the beginning of the portion of the ballot that includes ballot measures,
144     "The ballot proposition sheet included with this ballot contains an impartial summary of each
145     initiative and referendum on this ballot."
146          (3) Immediately after the Office of Legislative Research and General Counsel submits
147     the [ballot title] short title and summary to the lieutenant governor, the lieutenant governor
148     shall mail or email a copy of the [ballot title] short title and summary to any of the sponsors of
149     the petition.
150          (4) (a) (i) At least three of the sponsors of the petition may, within 15 days after the day
151     on which the lieutenant governor mails the [ballot title] short title and summary, challenge the
152     wording of the [ballot title] short title and summary prepared by the Office of Legislative
153     Research and General Counsel to the appropriate court.
154          (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
155     notice of the appeal to:
156          (A) any person or group that has filed an argument for or against the measure that is the
157     subject of the challenge; and
158          (B) any political issues committee established under Section 20A-11-801 that has filed
159     written or electronic notice with the lieutenant governor that identifies the name, mailing or
160     email address, and telephone number of the person designated to receive notice about any
161     issues relating to the referendum.
162          (b) (i) There is a presumption that the [ballot] short title prepared by the Office of
163     Legislative Research and General Counsel is an impartial [summary] description of the
164     contents of the referendum.
165          (ii) The court may not revise the wording of the [ballot] short title unless the plaintiffs
166     rebut the presumption by clearly and convincingly establishing that the [ballot] short title is
167     [patently] false or biased.
168          (iii) There is a presumption that the summary prepared by the Office of Legislative
169     Research and General Counsel is an impartial summary of the contents of the measure.
170          (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
171     the presumption by clearly and convincingly establishing that the summary is false or biased.
172          (c) The court shall:
173          (i) examine the [ballot] short title and summary;
174          (ii) hear arguments; and
175          (iii) enter an order consistent with the requirements of this section.
176          (d) The lieutenant governor shall, in accordance with the court's order, certify the
177     [ballot title to the county clerks to be printed on the official ballot] short title and summary to
178     the county clerks for inclusion in the ballot or ballot proposition insert, as required by this
179     section.
180          Section 3. Section 20A-7-508 is amended to read:
181          20A-7-508. Short title and summary of initiative -- Duties of local clerk and local
182     attorney.
183          (1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the
184     petition and the proposed law to the local attorney.
185          (2) The local attorney shall:
186          (a) entitle each county or municipal initiative that has qualified for the ballot
187     "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
188          (b) prepare [a proposed ballot title] for the initiative[;]:
189          (i) an impartial short title, not exceeding 25 words, that generally describes the subject
190     of the initiative; and
191          (ii) an impartial summary of the contents of the measure, not exceeding 125 words;
192          (c) file the proposed [ballot title] short title, summary, and the numbered initiative
193     titles with the local clerk within 20 days after the day on which an eligible voter submits the
194     initiative petition to the local clerk; and
195          (d) promptly provide notice of the filing of the proposed [ballot title] short title and
196     summary to:
197          (i) the sponsors of the petition; and
198          (ii) the local legislative body for the jurisdiction where the initiative petition was
199     circulated.
200          (3) (a) The [ballot title] short title and summary may be distinct from the title of the
201     proposed law attached to the initiative petition[, and shall express, in not exceeding 100 words,
202     the purpose of the measure].
203          (b) In preparing a [ballot] short title, the local attorney shall, to the best of the local
204     attorney's ability, give a true and impartial [statement of the purpose of the measure.]
205     description of the subject of the initiative.
206          (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
207     ability, give a true and impartial summary of the contents of the measure.
208          [(c)] (d) The [ballot title] short title and summary may not intentionally be an
209     argument, or likely to create prejudice, for or against the measure.
210          [(d)] (e) If the initiative proposes a tax increase, the local attorney shall include the
211     following statement, in bold, in the [ballot title] summary:
212          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
213     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
214     increase in the current tax rate.".
215          (4) (a) Within five calendar days after the date the local attorney files a proposed
216     [ballot title] short title and summary under Subsection (2)(c), the local legislative body for the
217     jurisdiction where the initiative petition was circulated and the sponsors of the petition may file
218     written comments in response to the proposed [ballot title] short title and summary with the
219     local clerk.
220          (b) Within five calendar days after the last date to submit written comments under
221     Subsection (4)(a), the local attorney shall:
222          (i) review any written comments filed in accordance with Subsection (4)(a);
223          (ii) prepare a final [ballot title] short title and summary that meets the requirements of
224     Subsection (3); and
225          (iii) return the petition and file the [ballot title] short title and summary with the local
226     clerk.
227          (c) Subject to Subsection (6)[, the ballot]:
228          (i) the short title, as determined by the local attorney, shall be printed on the official
229     ballot[.]; and
230          (ii) for each ballot that includes an initiative or referendum, the election officer shall
231     include with the ballot a separate ballot proposition insert that includes the short title and
232     summary for each initiative and referendum on the ballot and a link to a location on the
233     election officer's website where a voter may review additional information relating to each
234     initiative or referendum, including:
235          (A) for an initiative, the information described in Subsection 20A-7-502(2), the fiscal
236     impact estimate described in Section 20A-7-502.5, as updated, and the arguments relating to
237     the initiative that are included in the local voter information pamphlet; or
238          (B) for a referendum, the information described in Subsection 20A-7-602(2) and the
239     arguments relating to the referendum that are included in the local voter information pamphlet.
240          (d) For each ballot that includes an initiative or referendum, the ballot shall include the
241     following statement at the beginning of the portion of the ballot that includes ballot measures,
242     "The ballot proposition sheet included with this ballot contains an impartial summary of each
243     initiative and referendum on this ballot."
244          (5) Immediately after the local attorney files a copy of the [ballot title] short title and
245     summary with the local clerk, the local clerk shall serve a copy of the [ballot title] short title
246     and summary by mail upon the sponsors of the petition and the local legislative body for the
247     jurisdiction where the initiative petition was circulated.
248          (6) (a) If the [ballot title] short title or summary furnished by the local attorney is
249     unsatisfactory or does not comply with the requirements of this section, the decision of the
250     local attorney may be appealed to the appropriate court by:
251          (i) at least three sponsors of the initiative petition; or
252          (ii) a majority of the local legislative body for the jurisdiction where the initiative
253     petition was circulated.
254          (b) The court:
255          (i) shall examine the [measures] short title and summary and consider arguments; and
256          [(ii) may certify to the local clerk a ballot title for the measure that fulfills the intent of
257     this section.]
258          [(c) The local clerk shall print the title certified by the court on the official ballot.]
259          (ii) enter an order consistent with the requirements of this section.
260          (c) The local clerk shall include the short title and summary in the ballot or ballot
261     proposition insert, as required by this section.
262          Section 4. Section 20A-7-608 is amended to read:
263          20A-7-608. Short title and summary of referendum -- Duties of local clerk and
264     local attorney.
265          (1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
266     petition and the proposed law to the local attorney.
267          (2) The local attorney shall:
268          (a) entitle each county or municipal referendum that qualifies for the ballot
269     "Proposition Number __" and give the referendum a number assigned in accordance with
270     Section 20A-6-107;
271          (b) prepare [a proposed ballot title] for the referendum[;]:
272          (i) an impartial short title, not exceeding 25 words, that generally describes the subject
273     of the measure; and
274          (ii) an impartial summary of the contents of the measure, not exceeding 125 words;
275          (c) file the proposed [ballot title] short title, summary, and the numbered referendum
276     title with the local clerk within 20 days after the day on which an eligible voter submits the
277     referendum petition to the local clerk; and
278          (d) promptly provide notice of the filing of the proposed [ballot title] short title and
279     summary to:
280          (i) the sponsors of the petition; and
281          (ii) the local legislative body for the jurisdiction where the referendum petition was
282     circulated.
283          (3) (a) The [ballot title] short title and summary may be distinct from the title of the
284     law that is the subject of the petition[, and shall express, in not exceeding 100 words, the
285     purpose of the measure].
286          (b) In preparing a [ballot] short title, the local attorney shall, to the best of the local
287     attorney's ability, give a true and impartial [statement of the purpose] description of the subject
288     of the measure.
289          (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
290     ability, give a true and impartial summary of the contents of the measure.
291          [(c)] (d) The [ballot title] short title and summary may not intentionally be an
292     argument, or likely to create prejudice, for or against the measure.
293          (4) (a) Within five calendar days after the day on which the local attorney files a
294     proposed [ballot title] short title and summary under Subsection (2)(c), the local legislative
295     body for the jurisdiction where the referendum petition was circulated and the sponsors of the
296     petition may file written comments in response to the proposed [ballot title] short title and
297     summary with the local clerk.
298          (b) Within five calendar days after the last date to submit written comments under
299     Subsection (4)(a), the local attorney shall:
300          (i) review any written comments filed in accordance with Subsection (4)(a);
301          (ii) prepare a final [ballot title] short title and summary that meets the requirements of
302     Subsection (3); and
303          (iii) return the petition and file the [ballot title] short title and summary with the local
304     clerk.
305          (c) Subject to Subsection (6)[, the ballot]:
306          (i) the short title, as determined by the local attorney, shall be printed on the official
307     ballot[.]; and
308          (ii) for each ballot that includes an initiative or referendum, the election officer shall
309     include with the ballot a separate ballot proposition insert that includes the short title and
310     summary for each initiative and referendum on the ballot and a link to a location on the
311     election officer's website where a voter may review additional information relating to each
312     initiative or referendum, including:
313          (i) for an initiative, the information described in Subsection 20A-7-502(2), the fiscal
314     impact estimate described in Section 20A-7-502.5, as updated, and the arguments relating to
315     the initiative that are included in the local voter information pamphlet; or
316          (ii) for a referendum, the information described in Subsection 20A-7-602(2) and the
317     arguments relating to the referendum that are included in the local voter information pamphlet.
318          (d) For each ballot that includes an initiative or referendum, the ballot shall include the
319     following statement at the beginning of the portion of the ballot that includes ballot measures,
320     "The ballot proposition sheet included with this ballot contains an impartial summary of each
321     initiative and referendum on this ballot."
322          (5) Immediately after the local attorney files a copy of the [ballot title] short title and
323     summary with the local clerk, the local clerk shall serve a copy of the [ballot title] short title
324     and summary by mail upon the sponsors of the petition and the local legislative body for the
325     jurisdiction where the referendum petition was circulated.
326          (6) (a) If the [ballot title] short title or summary furnished by the local attorney is
327     unsatisfactory or does not comply with the requirements of this section, the decision of the
328     local attorney may be appealed to the appropriate court by:
329          (i) at least three sponsors of the referendum petition; or
330          (ii) a majority of the local legislative body for the jurisdiction where the referendum
331     petition was circulated.
332          (b) The court:
333          (i) shall examine the [measures] short title and summary and consider the arguments;
334     and
335          [(ii) may issue an order to the local clerk that includes a ballot title for the measure that
336     fulfills the intent of this section.]
337          [(c) The local clerk shall print the title, as directed by the court, on the official ballot.]
338          (ii) enter an order consistent with the requirements of this section.
339          (c) The local clerk shall include the short title and summary in the ballot or ballot
340     proposition insert, as required by this section.