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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to initiatives and referenda.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ amends provisions relating to initiatives and referenda to clarify provisions and
14 requirements, to clarify who is responsible for certain requirements, and to use
15 consistent terms;
16 ▸ revises provisions relating to initiatives and referenda to create consistency;
17 ▸ modifies and adds criminal provisions to create consistency;
18 ▸ amends forms and procedures;
19 ▸ provides and modifies deadlines for certain requirements;
20 ▸ modifies requirements relating to public hearings held by sponsors in relation to a
21 statewide initiative;
22 ▸ modifies certain public notice requirements; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a coordination clause.
28 Utah Code Sections Affected:
29 AMENDS:
30 20A-7-101, as last amended by Laws of Utah 2022, Chapters 288, 325
31 20A-7-201, as last amended by Laws of Utah 2019, Chapter 217
32 20A-7-202, as last amended by Laws of Utah 2021, Chapter 140
33 20A-7-202.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
34 20A-7-202.7, as enacted by Laws of Utah 2021, Chapter 418
35 20A-7-203, as last amended by Laws of Utah 2022, Chapter 325
36 20A-7-204, as last amended by Laws of Utah 2022, Chapter 325
37 20A-7-204.1, as last amended by Laws of Utah 2021, Chapters 84, 345
38 20A-7-205, as last amended by Laws of Utah 2022, Chapter 325
39 20A-7-206, as last amended by Laws of Utah 2022, Chapter 325
40 20A-7-206.1, as enacted by Laws of Utah 2021, Chapter 140
41 20A-7-206.3, as last amended by Laws of Utah 2022, Chapter 325
42 20A-7-207, as last amended by Laws of Utah 2022, Chapter 325
43 20A-7-208, as last amended by Laws of Utah 2019, Chapter 275
44 20A-7-209, as last amended by Laws of Utah 2022, Chapter 251
45 20A-7-211, as last amended by Laws of Utah 2022, Chapter 18
46 20A-7-213, as last amended by Laws of Utah 2022, Chapter 325
47 20A-7-214, as last amended by Laws of Utah 2019, Chapter 275
48 20A-7-215, as enacted by Laws of Utah 2022, Chapter 325
49 20A-7-216, as enacted by Laws of Utah 2022, Chapter 325
50 20A-7-217, as enacted by Laws of Utah 2022, Chapter 325
51 20A-7-301, as last amended by Laws of Utah 2021, Chapter 140
52 20A-7-302, as last amended by Laws of Utah 2021, Chapter 140
53 20A-7-303, as last amended by Laws of Utah 2022, Chapter 325
54 20A-7-304, as last amended by Laws of Utah 2022, Chapter 325
55 20A-7-304.5, as last amended by Laws of Utah 2022, Chapter 325
56 20A-7-305, as last amended by Laws of Utah 2022, Chapter 325
57 20A-7-306, as last amended by Laws of Utah 2022, Chapter 325
58 20A-7-306.3, as last amended by Laws of Utah 2022, Chapter 325
59 20A-7-307, as last amended by Laws of Utah 2022, Chapters 274, 325
60 20A-7-308, as last amended by Laws of Utah 2022, Chapter 251
61 20A-7-309, as last amended by Laws of Utah 2021, Chapter 140
62 20A-7-310, as last amended by Laws of Utah 2020, Chapter 166
63 20A-7-311, as last amended by Laws of Utah 2021, Chapter 140
64 20A-7-312, as last amended by Laws of Utah 2022, Chapter 325
65 20A-7-313, as enacted by Laws of Utah 2022, Chapter 325
66 20A-7-314, as enacted by Laws of Utah 2022, Chapter 325
67 20A-7-315, as enacted by Laws of Utah 2022, Chapter 325
68 20A-7-501, as last amended by Laws of Utah 2019, Chapter 203
69 20A-7-502, as last amended by Laws of Utah 2021, Chapter 140
70 20A-7-502.5, as last amended by Laws of Utah 2019, Chapter 203
71 20A-7-502.6, as last amended by Laws of Utah 2022, Chapter 325
72 20A-7-502.7, as last amended by Laws of Utah 2022, Chapter 325
73 20A-7-503, as last amended by Laws of Utah 2022, Chapter 325
74 20A-7-504, as last amended by Laws of Utah 2022, Chapter 325
75 20A-7-505, as last amended by Laws of Utah 2022, Chapter 325
76 20A-7-506, as last amended by Laws of Utah 2022, Chapter 325
77 20A-7-506.3, as last amended by Laws of Utah 2022, Chapter 325
78 20A-7-507, as last amended by Laws of Utah 2022, Chapter 325
79 20A-7-508, as last amended by Laws of Utah 2022, Chapter 251
80 20A-7-510, as last amended by Laws of Utah 2021, Chapter 140
81 20A-7-512, as last amended by Laws of Utah 2022, Chapter 325
82 20A-7-513, as last amended by Laws of Utah 2019, Chapter 203
83 20A-7-514, as enacted by Laws of Utah 2022, Chapter 325
84 20A-7-515, as enacted by Laws of Utah 2022, Chapter 325
85 20A-7-516, as enacted by Laws of Utah 2022, Chapter 325
86 20A-7-601, as last amended by Laws of Utah 2022, Chapter 406
87 20A-7-602, as last amended by Laws of Utah 2021, Chapter 140
88 20A-7-602.5, as last amended by Laws of Utah 2019, Chapter 203
89 20A-7-602.7, as last amended by Laws of Utah 2022, Chapter 325
90 20A-7-602.8, as last amended by Laws of Utah 2022, Chapters 325, 406
91 20A-7-603, as last amended by Laws of Utah 2022, Chapter 325
92 20A-7-604, as last amended by Laws of Utah 2022, Chapter 325
93 20A-7-604.5, as last amended by Laws of Utah 2022, Chapter 325
94 20A-7-605, as last amended by Laws of Utah 2022, Chapter 325
95 20A-7-606, as last amended by Laws of Utah 2022, Chapter 325
96 20A-7-606.3, as last amended by Laws of Utah 2022, Chapter 325
97 20A-7-607, as last amended by Laws of Utah 2022, Chapters 274, 325
98 20A-7-608, as last amended by Laws of Utah 2022, Chapter 251
99 20A-7-609, as last amended by Laws of Utah 2014, Chapter 396
100 20A-7-610, as last amended by Laws of Utah 2021, Chapter 140
101 20A-7-611, as last amended by Laws of Utah 2022, Chapters 18, 325
102 20A-7-612, as last amended by Laws of Utah 2022, Chapter 325
103 20A-7-614, as enacted by Laws of Utah 2022, Chapter 325
104 20A-7-615, as enacted by Laws of Utah 2022, Chapter 325
105 20A-7-616, as enacted by Laws of Utah 2022, Chapter 325
106 20A-7-702, as last amended by Laws of Utah 2022, Chapter 11
107 Utah Code Sections Affected by Coordination Clause:
108 20A-7-204.1, as last amended by Laws of Utah 2021, Chapters 84 and 345
109
110 Be it enacted by the Legislature of the state of Utah:
111 Section 1. Section 20A-7-101 is amended to read:
112 20A-7-101. Definitions.
113 As used in this chapter:
114 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
115 gather signatures for the electronic initiative process, the electronic referendum process, or the
116 electronic candidate qualification process.
117 (2) "Budget officer" means:
118 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
119 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
120 (c) for a town, the town council; or
121 (d) for a metro township, the person described in Subsection (2)(a) for the county in
122 which the metro township is located.
123 (3) "Certified" means that the county clerk has acknowledged a signature as being the
124 signature of a registered voter.
125 (4) "Circulation" means the process of submitting an initiative petition or a referendum
126 petition to legal voters for their signature.
127 (5) "Electronic initiative process" means:
128 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
129 and 20A-21-201, for gathering signatures; or
130 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
131 20A-21-201, for gathering signatures.
132 (6) "Electronic referendum process" means:
133 (a) as it relates to a statewide referendum, the process, described in Sections
134 20A-7-313 and 20A-21-201, for gathering signatures; or
135 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
136 20A-21-201, for gathering signatures.
137 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
138 city, or town that is holding an election on a ballot proposition.
139 (8) "Final fiscal impact statement" means a financial statement prepared after voters
140 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
141 20A-7-502.5(2).
142 (9) "Initial fiscal impact [
143 [
144 statewide initiative application [
145 [
146 statement prepared under Section 20A-7-502.5 or 20A-7-602.5 for [
147 local referendum [
148 [
149 provided in this chapter.
150 (12) "Initiative application" means:
151 (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
152 includes all the information, statements, documents, and notarized signatures required under
153 Subsection 20A-7-202(2); or
154 (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
155 includes all the information, statements, documents, and notarized signatures required under
156 Subsection 20A-7-502(2).
157 [
158 proposed law, and the signature sheets, all of which have been bound together as a unit.
159 (14) "Initiative petition":
160 (a) as it relates to a statewide initiative, using the manual initiative process:
161 (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
162 submission of the initiative to the Legislature or the legal voters; and
163 (ii) if the initiative proposes a tax increase, includes the statement described in
164 Subsection 20A-7-203(2)(b);
165 (b) as it relates to a statewide initiative, using the electronic initiative process:
166 (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
167 submission of the initiative to the Legislature or the legal voters; and
168 (ii) if the initiative proposes a tax increase, includes the statement described in
169 Subsection 20A-7-215(5)(b);
170 (c) as it relates to a local initiative, using the manual initiative process:
171 (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
172 submission of the initiative to the legislative body or the legal voters; and
173 (ii) if the initiative proposes a tax increase, includes the statement described in
174 Subsection 20A-7-503(2)(b); or
175 (d) as it relates to a local initiative, using the electronic initiative process:
176 (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
177 submission of the initiative to the legislative body or the legal voters; and
178 (ii) if the initiative proposes a tax increase, includes the statement described in
179 Subsection 20A-7-514(4)(a).
180 [
181 the weighing of broad, competing policy considerations, that relates to the use of land,
182 including land use regulation, a general plan, a land use development code, an annexation
183 ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning
184 ordinance or resolution.
185 (b) "Land use law" does not include a land use decision, as defined in Section
186 10-9a-103 or 17-27a-103.
187 [
188 (a) meet the numerical requirements of this chapter; and
189 (b) have been obtained, certified, and verified as provided in this chapter.
190 [
191 Utah.
192 [
193 (a) for a proposed local initiative, that the proposed local initiative is legally referable
194 to voters under Section 20A-7-502.7; or
195 (b) for a proposed local referendum, that the proposed local referendum is legally
196 referable to voters under Section 20A-7-602.7.
197 [
198 in whose jurisdiction a local initiative or referendum petition is circulated.
199 [
200 jurisdiction a local initiative or referendum petition is circulated.
201 [
202 (i) an ordinance;
203 (ii) a resolution;
204 (iii) a land use law;
205 (iv) a land use regulation, as defined in Section 10-9a-103; or
206 (v) other legislative action of a local legislative body.
207 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
208 [
209 or metro township.
210 [
211 body regarding a bond that was approved by a majority of qualified voters in an election.
212 [
213 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
214 [
215 an initiative using paper signature packets that a signer physically signs.
216 [
217 for a referendum using paper signature packets that a signer physically signs.
218 [
219 referendum.
220 [
221 by a local legislative body is submitted or referred to the voters for their approval or rejection.
222 (29) "Referendum application" means:
223 (a) for a statewide referendum, an application described in Subsection 20A-7-302(2)
224 that includes all the information, statements, documents, and notarized signatures required
225 under Subsection 20A-7-302(2); or
226 (b) for a local referendum, an application described in Subsection 20A-7-602(2) that
227 includes all the information, statements, documents, and notarized signatures required under
228 Subsection 20A-7-602(2).
229 [
230 the law being submitted or referred to the voters for their approval or rejection, and the
231 signature sheets, all of which have been bound together as a unit.
232 (31) "Referendum petition" means:
233 (a) as it relates to a statewide referendum, using the manual referendum process, the
234 form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by
235 the Legislature to legal voters for their approval or rejection;
236 (b) as it relates to a statewide referendum, using the electronic referendum process, the
237 form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the
238 Legislature to legal voters for their approval or rejection;
239 (c) as it relates to a local referendum, using the manual referendum process, the form
240 described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal
241 voters for their approval or rejection; or
242 (d) as it relates to a local referendum, using the electronic referendum process, the form
243 described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters
244 for their approval or rejection.
245 [
246 (a) for a statewide initiative:
247 (i) as it relates to the electronic initiative process, means an electronic signature
248 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
249 (ii) as it relates to the manual initiative process:
250 (A) means a holographic signature collected physically on a signature sheet described
251 in Section 20A-7-203; and
252 (B) does not include an electronic signature;
253 (b) for a statewide referendum:
254 (i) as it relates to the electronic referendum process, means an electronic signature
255 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
256 (ii) as it relates to the manual referendum process:
257 (A) means a holographic signature collected physically on a signature sheet described
258 in Section 20A-7-303; and
259 (B) does not include an electronic signature;
260 (c) for a local initiative:
261 (i) as it relates to the electronic initiative process, means an electronic signature
262 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
263 (ii) as it relates to the manual initiative process:
264 (A) means a holographic signature collected physically on a signature sheet described
265 in Section 20A-7-503; and
266 (B) does not include an electronic signature; or
267 (d) for a local referendum:
268 (i) as it relates to the electronic referendum process, means an electronic signature
269 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
270 (ii) as it relates to the manual referendum process:
271 (A) means a holographic signature collected physically on a signature sheet described
272 in Section 20A-7-603; and
273 (B) does not include an electronic signature.
274 [
275 used under the manual initiative process or the manual referendum process to collect signatures
276 in support of an initiative or referendum.
277 [
278 not a standard local ballot proposition.
279 [
280 and who sign the initiative application or referendum application [
281 [
282 an initiative or a referendum.
283 (b) "Standard local ballot proposition" does not include a property tax referendum
284 described in Section 20A-7-613.
285 [
286 proposed by an initiative or an initiative petition and the current tax rate.
287 [
288 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
289 [
290 required in Sections 20A-7-205 and 20A-7-305.
291 Section 2. Section 20A-7-201 is amended to read:
292 20A-7-201. Statewide initiatives -- Signature requirements -- Submission to the
293 Legislature or to a vote of the people.
294 (1) (a) A person seeking to have an initiative submitted to the Legislature for approval
295 or rejection shall, after filing an initiative application, obtain:
296 (i) legal signatures equal to 4% of the number of active voters in the state on January 1
297 immediately following the last regular general election; and
298 (ii) from at least 26 Utah State Senate districts, legal signatures equal to 4% of the
299 number of active voters in that district on January 1 immediately following the last regular
300 general election.
301 (b) If, at any time not less than 10 days before the beginning of the next annual general
302 session of the Legislature, [
303
304 [
305 for submission to the Legislature is signed by [
306 the requirements of [
307 initiative petition, the text of the proposed law, and the cover sheet [
308 Subsection (1)(c) to the president of the Senate, the speaker of the House, and the director of
309 the Office of Legislative Research and General Counsel.
310 (c) [
311 prepare a cover sheet for a petition declared sufficient under Subsection (1)(b) that contains:
312 (i) the number of active voters in the state on January 1 immediately following the last
313 regular general election;
314 (ii) the number of active voters in each Utah State Senate district on January 1
315 immediately following the last regular general election;
316 (iii) the total number of certified signatures [
317 initiative petition; and
318 (iv) the total number of certified signatures [
319 Senate district for the [
320 (2) (a) A person seeking to have an initiative submitted to a vote of the people for
321 approval or rejection shall, after filing an initiative application, obtain:
322 (i) legal signatures equal to 8% of the number of active voters in the state on January 1
323 immediately following the last regular general election; and
324 (ii) from at least 26 Utah State Senate districts, legal signatures equal to 8% of the
325 number of active voters in that district on January 1 immediately following the last regular
326 general election.
327 (b) If an initiative petition meets the requirements of this part and the lieutenant
328 governor declares that the initiative petition [
329 meet the requirements of Subsection (2)(a), the lieutenant governor shall submit the proposed
330 law to a vote of the people at the next regular general election:
331 (i) immediately after the application is filed under Section 20A-7-202; and
332 (ii) specified on the petition under Section 20A-7-203.
333 (3) The lieutenant governor shall provide the following information to any interested
334 person:
335 (a) the number of active voters in the state on January 1 immediately following the last
336 regular general election; and
337 (b) for each Utah State Senate district, the number of active voters in that district on
338 January 1 immediately following the last regular general election.
339 Section 3. Section 20A-7-202 is amended to read:
340 20A-7-202. Statewide initiative process -- Initiative application procedures --
341 Time to gather signatures -- Grounds for rejection.
342 (1) Individuals wishing to circulate an initiative petition shall file an initiative
343 application with the lieutenant governor.
344 (2) The initiative application shall [
345 (a) the name and residence address of at least five sponsors of the initiative petition;
346 (b) a statement indicating that each of the sponsors is registered to vote in Utah;
347 (c) a statement indicating whether the initiative will be presented to:
348 (i) the Legislature under Subsection 20A-7-201(1); or
349 (ii) a vote of the people under Subsection 20A-7-201(2);
350 [
351 [
352 (i) the title of the proposed law, that clearly expresses the subject of the law;
353 (ii) a description of all proposed sources of funding for the costs associated with the
354 proposed law, including the proposed percentage of total funding from each source; and
355 (iii) the text of the proposed law;
356 [
357 "This initiative [
358 tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
359 increase in the current tax rate."; and
360 [
361 petition may be paid for gathering signatures.
362 (3) (a) An individual's status as a resident, under Subsection (2), is determined in
363 accordance with Section 20A-2-105.
364 (b) The initiative application and the initiative application's contents are public when
365 filed with the lieutenant governor.
366 (4) If the initiative petition fails to qualify for the ballot of the election described in
367 Subsection 20A-7-201(2)(b), the sponsors shall:
368 (a) submit a new initiative application;
369 (b) obtain new signature sheets; and
370 (c) collect signatures again.
371 (5) The lieutenant governor shall reject [
372 application addendum filed under Subsection [
373 [
374 (a) the proposed law:
375 [
376 [
377 [
378 [
379 with Subsection (6); or
380 [
381 [
382 proposed by an initiative for which signatures were submitted to the county clerks and
383 lieutenant governor for certification within two years preceding the date on which the initiative
384 application for the new initiative is filed[
385 (b) the subject of the proposed law is not clearly expressed in the law's title.
386 (6) To evaluate whether the proposed law contains more than one subject under
387 Subsection [
388 Utah Constitution, Article VI, Section 22, which prohibits a bill from passing that contains
389 more than one subject.
390 Section 4. Section 20A-7-202.5 is amended to read:
391 20A-7-202.5. Initial fiscal impact statement -- Preparation of statement --
392 Challenge to statement.
393 (1) Within three working days after the day on which the lieutenant governor receives
394 an initiative application [
395 of the initiative application to the Office of the Legislative Fiscal Analyst.
396 (2) (a) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good
397 faith initial fiscal impact [
398
399 the proposed law, that contains:
400 (i) a description of the total estimated fiscal impact of the proposed law over the time
401 period or time periods determined by the Office of the Legislative Fiscal Analyst to be most
402 useful in understanding the estimated fiscal impact of the proposed law;
403 (ii) if the proposed law would increase taxes, decrease taxes, or impose a new tax, a
404 dollar amount representing the total estimated increase or decrease for each type of tax affected
405 under the proposed law, a dollar amount showing the estimated amount of a new tax, and a
406 dollar amount representing the total estimated increase or decrease in taxes under the proposed
407 law;
408 (iii) if the proposed law would increase a particular tax or tax rate, the tax percentage
409 difference and the tax percentage increase for each tax or tax rate increased;
410 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
411 notes, or other debt instruments, a dollar amount representing the total estimated increase or
412 decrease in public debt under the proposed law;
413 (v) a dollar amount representing the estimated cost or savings, if any, to state or local
414 government entities under the proposed law;
415 (vi) if the proposed law would increase costs to state government, a listing of all
416 sources of funding for the estimated costs; and
417 (vii) a concise description and analysis titled "Funding Source," not to exceed 100
418 words for each funding source, of the funding source information described in Subsection
419 [
420 (b) If the proposed law is estimated to have no fiscal impact, the Office of the
421 Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
422 statement in substantially the following form:
423 "The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
424 initiative would have no significant fiscal impact and would not result in either an increase or
425 decrease in taxes or debt."
426 (3) Within 25 calendar days after the day on which the lieutenant governor delivers a
427 copy of the initiative application, the Office of the Legislative Fiscal Analyst shall:
428 (a) deliver a copy of the initial fiscal impact [
429 governor's office; and
430 (b) mail a copy of the initial fiscal impact [
431 named in the initiative application.
432 (4) (a) (i) Three or more of the sponsors of the initiative petition may, within 20
433 calendar days after the day on which the Office of the Legislative Fiscal Analyst delivers the
434 initial fiscal impact [
435 the appropriate court, alleging that the initial fiscal impact [
436 whole, is an inaccurate estimate of the fiscal impact of the initiative.
437 (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
438 notice of the petition filed with the court to:
439 (A) any person or group that has filed an argument with the lieutenant governor's office
440 for or against the [
441 (B) any political issues committee established under Section 20A-11-801 that has filed
442 written or electronic notice with the lieutenant governor that identifies the name, mailing or
443 email address, and telephone number of the person designated to receive notice about any
444 issues relating to the initiative.
445 (b) (i) There is a presumption that the initial fiscal impact [
446 prepared by the Office of the Legislative Fiscal Analyst is based upon reasonable assumptions,
447 uses reasonable data, and applies accepted analytical methods to present the estimated fiscal
448 impact of the initiative.
449 (ii) The court may not revise the contents of, or direct the revision of, the initial fiscal
450 impact [
451 evidence that establishes that the initial fiscal [
452 an inaccurate statement of the estimated fiscal impact of the initiative.
453 (iii) The court may refer an issue related to the initial fiscal impact [
454 to a master to examine the issue and make a report in accordance with Utah Rules of Civil
455 Procedure, Rule 53.
456 (c) The court shall certify to the lieutenant governor a fiscal impact [
457 statement for the [
458 Section 5. Section 20A-7-202.7 is amended to read:
459 20A-7-202.7. Posting initiative information.
460 (1) Within one business day after the day on which the lieutenant governor receives the
461 initial fiscal impact statement under Subsection 20A-7-202.5(3)(a), the lieutenant governor
462 shall post the following information together in a conspicuous place on the lieutenant
463 governor's website:
464 (a) the initiative application;
465 [
466 [
467 [
468 [
469 signature from the [
470 (2) The lieutenant governor shall:
471 (a) promptly update the information described in Subsection (1) if the information
472 changes; and
473 (b) maintain the information described in Subsection (1) on the lieutenant governor's
474 website until the initiative fails to qualify for the ballot or is passed or defeated at an election.
475 Section 6. Section 20A-7-203 is amended to read:
476 20A-7-203. Manual initiative process -- Form of initiative petition and signature
477 sheets.
478 (1) This section applies only to the manual initiative process.
479 (2) (a) Each proposed initiative petition shall be printed in substantially the following
480 form:
481 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
482 We, the undersigned citizens of Utah, respectfully demand that the following proposed
483 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
484 regular general election/session to be held/ beginning on _________(month\day\year);
485 Each signer says:
486 I have personally signed this initiative petition;
487 The date next to my signature correctly reflects the date that I actually signed the
488 initiative petition;
489 I have personally reviewed the entire statement included with this packet;
490 I am registered to vote in Utah; and
491 My residence and post office address are written correctly after my name.
492 NOTICE TO SIGNERS:
493 Public hearings to discuss this [
494 of public hearings.)".
495 (b) If the initiative [
496 appear, in at least 14-point, bold type, immediately following the information described in
497 Subsection (2)(a):
498 "This initiative [
499 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
500 increase) percent increase in the current tax rate.".
501 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
502 proposed law to each initiative petition.
503 (3) Each initiative signature sheet shall:
504 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
505 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
506 that line blank for the purpose of binding;
507 (c) include the title of the initiative printed below the horizontal line, in at least
508 14-point, bold type;
509 (d) include a table immediately below the title of the initiative, and beginning .5 inch
510 from the left side of the paper, as follows:
511 (i) the first column shall be .5 inch wide and include three rows;
512 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
513 Office Use Only" in 10-point type;
514 (iii) the second row of the first column shall be .35 inch tall;
515 (iv) the third row of the first column shall be .5 inch tall;
516 (v) the second column shall be 2.75 inches wide;
517 (vi) the first row of the second column shall be .35 inch tall and contain the words
518 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
519 (vii) the second row of the second column shall be .5 inch tall;
520 (viii) the third row of the second column shall be .35 inch tall and contain the words
521 "Street Address, City, Zip Code" in 10-point type;
522 (ix) the fourth row of the second column shall be .5 inch tall;
523 (x) the third column shall be 2.75 inches wide;
524 (xi) the first row of the third column shall be .35 inch tall and contain the words
525 "Signature of Registered Voter" in 10-point type;
526 (xii) the second row of the third column shall be .5 inch tall;
527 (xiii) the third row of the third column shall be .35 inch tall and contain the words
528 "Email Address (optional, to receive additional information)" in 10-point type;
529 (xiv) the fourth row of the third column shall be .5 inch tall;
530 (xv) the fourth column shall be one inch wide;
531 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
532 "Date Signed" in 10-point type;
533 (xvii) the second row of the fourth column shall be .5 inch tall;
534 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
535 "Birth Date or Age (optional)" in 10-point type;
536 (xix) the fourth row of the third column shall be .5 inch tall; and
537 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
538 and contain the following statement, "By signing this initiative petition, you are stating that you
539 have read and understand the law proposed by this initiative petition." in 12-point type;
540 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
541 the bottom of the sheet for the information described in Subsection (3)(f); and
542 (f) at the bottom of the sheet, include in the following order:
543 (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
544 12-point, bold type;
545 (ii) except as provided in Subsection (5), the initial fiscal impact [
546 statement issued by the Office of the Legislative Fiscal Analyst in accordance with Subsection
547 20A-7-202.5(2)(a), including any update in accordance with Subsection [
548 20A-7-204.1(6), in not less than 12-point type;
549 (iii) if the initiative [
550 12-point, bold type:
551 "This initiative [
552 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
553 increase) percent increase in the current tax rate."; and
554 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
555 not less than eight-point type:
556 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
557 other than the individual's own name, or to knowingly sign the individual's name more than
558 once for the same [
559 individual knows that the individual is not a registered voter.
560 Birth date or age information is not required, but it may be used to verify your identity
561 with voter registration records. If you choose not to provide it, your signature may not be
562 verified as a valid signature if you change your address before petition signatures are verified
563 or if the information you provide does not match your voter registration records."
564 (4) The final page of each initiative packet shall contain the following printed or typed
565 statement:
566 Verification of signature collector
567 State of Utah, County of ____
568 I, _______________, of ____, hereby state, under penalty of perjury, that:
569 I am a resident of Utah and am at least 18 years old;
570 All the names that appear in this initiative packet were signed by individuals who
571 professed to be the individuals whose names appear in it, and each of the individuals signed the
572 individual's name on it in my presence;
573 I did not knowingly make a misrepresentation of fact concerning the law proposed by
574 the initiative;
575 I believe that each individual has printed and signed the individual's name and written
576 the individual's post office address and residence correctly, that each signer has read and
577 understands the law proposed by the initiative, and that each signer is registered to vote in
578 Utah.
579 Each individual who signed the initiative packet wrote the correct date of signature next
580 to the individual's name.
581 I have not paid or given anything of value to any individual who signed this [
582 initiative packet to encourage that individual to sign it.
583 ______________________________________________________________________
584 (Name) (Residence Address) (Date)
585 (5) If the initial fiscal impact [
586 updated in accordance with Subsection [
587 the Office of the Legislative Fiscal Analyst shall prepare a shorter summary statement, for the
588 purpose of inclusion on [
589 (6) If the forms described in this section are substantially followed, the initiative
590 petitions are sufficient, notwithstanding clerical and merely technical errors.
591 (7) An individual's status as a resident, under Subsection (4), is determined in
592 accordance with Section 20A-2-105.
593 Section 7. Section 20A-7-204 is amended to read:
594 20A-7-204. Manual initiative process -- Circulation requirements -- Lieutenant
595 governor to provide sponsors with materials.
596 (1) This section applies only to the manual initiative process.
597 (2) In order to obtain the necessary number of signatures required by this part, the
598 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
599 in Subsection (3), circulate initiative packets that meet the form requirements of this part.
600 (3) The lieutenant governor shall [
601 [
602
603 [
604 conditions are fulfilled:
605 (a) the sponsors hold the final hearing required under Section 20A-7-204.1;
606 (b) the sponsors provide to the Office of the Lieutenant Governor the video tape, audio
607 tape, or comprehensive minutes described in Subsection 20A-7-204.1(5) for each public
608 hearing described in Section 20A-7-204.1;
609 (c) (i) the sponsors give written notice to the Office of the Lieutenant Governor that the
610 sponsors waive the opportunity to change the text of the proposed law under Subsection
611 20A-7-204.1(6);
612 (ii) the deadline, described in Subsection 20A-7-204.1(6)(a), for changing the text of
613 the proposed law passes without the sponsors filing an application addendum in accordance
614 with Subsection 20A-7-204.1(6); or
615 (iii) if the sponsors file an application addendum in accordance with Subsection
616 20A-7-204.1(6), the Office of the Legislative Fiscal Analyst provides to the Office of the
617 Lieutenant Governor:
618 (A) an updated initial fiscal impact statement, in accordance with Subsection
619 20A-7-204.1(6)(b); or
620 (B) a written notice indicating that no changes to the initial fiscal impact statement are
621 necessary; and
622 (d) the sponsors sign an agreement, under Subsection (6)(a), with the Office of the
623 Lieutenant Governor specifying the range of numbers that the sponsors will use to number the
624 initiative packets.
625 (4) The sponsors of the [
626 (a) arrange and pay for the printing of all [
627
628 (b) ensure that the [
629 the documents described in Subsection (4)(a) meet the [
630 part.
631 (5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
632 circulation by creating multiple initiative packets.
633 (b) The sponsors or an agent of the sponsors shall create the initiative packets by
634 binding a copy of the initiative petition with the text of the proposed law, including any
635 modification made under Subsection 20A-7-204.1(6) and no more than 50 signature sheets
636 together at the top in a manner that the initiative packets may be conveniently opened for
637 signing.
638 (c) An initiative packet is not required to have a uniform number of signature sheets.
639 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
640 (i) contact the lieutenant governor's office to receive a range of numbers that the
641 sponsors may use to number [
642 (ii) sign an agreement with the Office of the Lieutenant Governor, specifying the range
643 of numbers that the sponsors will use to number the initiative packets; and
644 [
645 numbers provided by the lieutenant governor's office, starting with the lowest number in the
646 range.
647 (b) The sponsors or an agent of the sponsors may not:
648 (i) number [
649 governor's office; or
650 (ii) circulate or submit [
651 manner directed by the lieutenant governor's office.
652 [
653
654 Section 8. Section 20A-7-204.1 is amended to read:
655 20A-7-204.1. Public hearings to be held before initiative packets are circulated --
656 Changes to a proposed law or an initial fiscal impact statement.
657 (1) (a) After issuance of the initial fiscal impact [
658 the Legislative Fiscal Analyst and before circulating initiative [
659 statewide, sponsors of the initiative [
660 throughout Utah as follows:
661 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
662 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
663 County;
664 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
665 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
666 County;
667 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
668 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
669 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
670 County.
671 (b) Of the seven public hearings, the sponsors of the initiative shall hold at least two of
672 the public hearings in a first or second class county, but not in the same county.
673 (c) The sponsors may not hold a public hearing described in this section until the later
674 of:
675 (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
676 [
677 (ii) if three or more sponsors file a petition for an action challenging the accuracy of
678 the initial fiscal impact statement under Section 20A-7-202.5, the day after the day on which
679 the action is final.
680 (2) The sponsors shall:
681 (a) before 5 p.m. at least [
682 provide written notice of the public hearing to:
683 (i) the lieutenant governor for posting on the state's website; and
684 (ii) each state senator, state representative, and county commission or county council
685 member who is elected in whole or in part from the region where the public hearing will be
686 held; and
687 (b) publish written notice of the public hearing, including the time, date, and location
688 of the public hearing, in each county in the region where the public hearing will be held:
689 (i) (A) at least three calendar days before the day of the public hearing, in a newspaper
690 of general circulation in the county;
691 (B) if there is no newspaper of general circulation in the county, at least three calendar
692 days before the day of the public hearing, by posting one copy of the notice, and at least one
693 additional copy of the notice per 2,000 population of the county, in places within the county
694 that are most likely to give notice to the residents of the county; or
695 (C) at least seven days before the day of the public hearing, by mailing notice to each
696 residence in the county; and
697 [
698
699 (ii) in accordance with Section 45-1-101, for at least three calendar days before the day
700 of the public hearing.
701 (3) The election officer for each county in the region where the public hearing is held
702 shall ensure that written notice of the public hearing, including the time, date, and location of
703 the public hearing, is published:
704 [
705
706 (a) on the Utah Public Notice Website created in Section 63A-16-601, for at least three
707 calendar days before the day of the public hearing; and
708 [
709 public hearing.
710 [
711 in Subsection (2) shall include the following statement, in bold, in the same font and point size
712 as the largest font and point size appearing in the notice:
713 "This initiative [
714 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
715 increase) percent increase in the current tax rate."
716 [
717 (i) video tape or audio tape the public hearing [
718
719 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
720 each speaker and summarizing each speaker's comments.
721 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
722 public.
723 (c) For each public hearing, the sponsors shall:
724 (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
725 impact statement in a conspicuous location at the entrance to the room where the sponsors hold
726 the public hearing; and
727 (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
728 public hearing attendees, in a conspicuous location at the entrance to the room where the
729 sponsors hold the public hearing.
730 (d) Regardless of whether an individual is present to observe or speak at a public
731 hearing:
732 (i) the sponsors may not end the public hearing until at least one hour after the public
733 hearing begins; and
734 (ii) the sponsors shall provide at least one hour at the public hearing that is open for
735 public comment.
736 [
737 the seventh public hearing described in Subsection (1)(a), and before circulating an initiative
738 [
739 the text of the proposed law if:
740 (i) a change to the text is:
741 (A) germane to the text of the proposed law filed with the lieutenant governor under
742 Section 20A-7-202; and
743 (B) consistent with the requirements of Subsection 20A-7-202(5); and
744 (ii) each sponsor signs, attested to by a notary public, an application addendum to
745 change the text of the proposed law.
746 (b) (i) Within three working days after the day on which the lieutenant governor
747 receives an application addendum to change the text of the proposed law [
748 [
749 Office of the Legislative Fiscal Analyst.
750 (ii) The Office of the Legislative Fiscal Analyst shall:
751 (A) update the initial fiscal impact [
752 and requirements of Section 20A-7-202.5 to reflect a change to the text of the proposed law[
753 or
754 (B) provide written notice to the Office of the Lieutenant Governor indicating that no
755 changes to the initial fiscal impact statement are necessary.
756 Section 9. Section 20A-7-205 is amended to read:
757 20A-7-205. Manual initiative process -- Obtaining signatures -- Verification --
758 Removal of signature.
759 (1) This section applies only to the manual initiative process.
760 (2) A Utah voter may sign an initiative petition if the voter is a legal voter.
761 (3) (a) The sponsors shall ensure that the individual in whose presence each [
762
763 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
764 (ii) verifies each [
765 printed on the last page of each initiative packet; and
766 (iii) is informed that each signer is required to read and understand the law proposed by
767 the initiative.
768 (b) An individual may not sign the verification printed on the last page of the initiative
769 packet if the person signed a signature sheet in the initiative packet.
770 (4) (a) A voter who has signed an initiative petition may have the voter's signature
771 removed from the initiative petition by submitting to the county clerk a statement requesting
772 that the voter's signature be removed before 5 p.m. no later than the earlier of:
773 (i) for an initiative packet received by the county clerk before December 1:
774 (A) 30 days after the day on which the voter signs the signature removal statement; or
775 (B) 90 days after the day on which the lieutenant governor posts the voter's name under
776 Subsection 20A-7-207(2); or
777 (ii) for an initiative packet received by the county clerk on or after December 1:
778 (A) 30 days after the day on which the voter signs the signature removal statement; or
779 (B) 45 days after the day on which the lieutenant governor posts the voter's name under
780 Subsection 20A-7-207(2).
781 (b) (i) The statement shall include:
782 (A) the name of the voter;
783 (B) the resident address at which the voter is registered to vote;
784 (C) the signature of the voter; and
785 (D) the date of the signature described in Subsection (4)(b)(i)(C).
786 (ii) To increase the likelihood of the voter's signature being identified and removed, the
787 statement may include the voter's birth date or age.
788 (c) A voter may not submit a statement by email or other electronic means.
789 (d) In order for the signature to be removed, the county clerk must receive the
790 statement before 5 p.m. no later than the applicable deadline described in Subsection (4)(a).
791 (e) A person may only remove a signature from an initiative petition in accordance
792 with this Subsection (4).
793 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
794 an initiative petition, in accordance with Section 20A-7-206.3.
795 Section 10. Section 20A-7-206 is amended to read:
796 20A-7-206. Manual initiative process -- Submitting initiative packets --
797 Certification of signatures by the county clerks -- Transfer to lieutenant governor.
798 (1) This section applies only to the manual initiative process.
799 (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
800 initiative packet to the county clerk of the county in which the initiative packet was circulated
801 before 5 p.m. no later than the earlier of:
802 (i) 30 days after the day on which the first individual signs the initiative packet;
803 (ii) 316 days after the day on which the initiative application [
804 is filed; or
805 (iii) the February 15 immediately before the next regular general election immediately
806 after the initiative application is filed under Section 20A-7-202.
807 (b) A person may not submit an initiative packet after the deadline described in
808 Subsection (2)(a).
809 (c) Before delivering [
810 the sponsors shall send an email to each individual who provides a legible, valid email address
811 on the form described in Subsection 20A-7-203(3)(d) that includes the following:
812 (i) the subject of the email shall include the following statement, "Notice Regarding
813 Your Petition Signature";
814 (ii) the body of the email shall include the following statement in 12-point type:
815 "You signed a petition for the following initiative:
816 [insert title of initiative]
817 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
818 information on the deadline for removing your signature from the petition, please visit the
819 following link: [insert a uniform resource locator that takes the individual directly to the page
820 on the lieutenant governor's website that includes the information referred to in the email]."
821 (d) When the sponsors submit the final [
822 the sponsors shall submit to the county clerk the following written verification, completed and
823 signed by each of the sponsors:
824 Verification of initiative sponsor
825 State of Utah, County of __________
826 I, ____________, of ____________, hereby state, under penalty of perjury, that:
827 I am a sponsor of the initiative [
828 I sent, or caused to be sent, to each individual who provided a legible, valid email
829 address on [
830 initiative [
831 ____________________________________________________________________________
832 (Name)
833 (e) Signatures gathered for the initiative [
834 comply with this Subsection (2).
835 (3) The county clerk shall, within 21 days after the day on which the county clerk
836 receives [
837 (a) determine whether each signer is a registered voter according to the requirements of
838 Section 20A-7-206.3;
839 (b) certify on the [
840 voter;
841 (c) except as provided in Subsection (4), post the name, voter identification number,
842 and date of signature of each registered voter certified under Subsection (3)(b) on the lieutenant
843 governor's website, in a conspicuous location designated by the lieutenant governor; and
844 (d) deliver the verified initiative packet to the lieutenant governor.
845 (4) (a) If the county clerk timely receives a statement requesting signature removal
846 under Subsection 20A-7-205(4), the county clerk shall:
847 (i) ensure that the voter's name, voter identification number, and date of signature are
848 not included in the posting described in Subsection (3)(c); and
849 (ii) remove the voter's signature from the [
850 initiative petition and the signature totals.
851 (b) The county clerk shall comply with Subsection (4)(a) before the later of:
852 (i) the deadline described in Subsection (3); or
853 (ii) two business days after the day on which the county clerk receives a statement
854 requesting signature removal under Subsection 20A-7-205(4).
855 (5) The county clerk may not certify a signature under Subsection (3):
856 (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
857 (b) that does not have a date of signature next to the signature.
858 (6) A person may not retrieve an initiative packet from a county clerk, or make any
859 alterations or corrections to an initiative packet, after the initiative packet is submitted to the
860 county clerk.
861 Section 11. Section 20A-7-206.1 is amended to read:
862 20A-7-206.1. Provisions relating only to process for submitting an initiative to the
863 Legislature for approval or rejection.
864 (1) This section relates only to the process, described in Subsection 20A-7-201(1), for
865 submitting an initiative to the Legislature for approval or rejection.
866 (2) Notwithstanding Section 20A-7-205, in order to qualify an initiative petition for
867 submission to the Legislature, the sponsors, or an agent of the sponsors, shall deliver each
868 signed and verified initiative packet to the county clerk of the county in which the initiative
869 packet was circulated before 5 p.m. no later than November 15 before the next annual general
870 session of the Legislature immediately after the initiative application is filed under Section
871 20A-7-202.
872 (3) Notwithstanding Section 20A-7-205, no later than December 15 before the annual
873 general session of the Legislature, the county clerk shall, for an initiative for submission to the
874 Legislature:
875 (a) determine whether each signer is a registered voter according to the requirements of
876 Section 20A-7-206.3;
877 (b) certify on the [
878 voter; and
879 (c) deliver the verified packets to the lieutenant governor.
880 (4) The county clerk may not certify a signature under Subsection (3) on an initiative
881 packet that is not verified in accordance with Section 20A-7-205.
882 (5) A person may not retrieve an initiative packet from a county clerk, or make any
883 alterations or corrections to an initiative packet, after the initiative packet is submitted to the
884 county clerk.
885 Section 12. Section 20A-7-206.3 is amended to read:
886 20A-7-206.3. Verification of petition signatures.
887 (1) As used in this section:
888 (a) "Substantially similar name" means:
889 (i) the given name [
890 individual with the individual's petition signature, contain only minor spelling differences when
891 compared to the given name and surname shown on the official register;
892 (ii) the surname [
893 individual's petition signature exactly matches the surname shown on the official register, and
894 the given names differ only because one of the given names shown is a commonly used
895 abbreviation or variation of the other;
896 (iii) the surname [
897 individual's petition signature exactly matches the surname shown on the official register, and
898 the given names differ only because one of the given names shown is accompanied by a first or
899 middle initial or a middle name which is not shown on the other record; or
900 (iv) the surname [
901 individual's petition signature exactly matches the surname shown on the official register, and
902 the given names differ only because one of the given names shown is an alphabetically
903 corresponding initial that has been provided in the place of a given name shown on the other
904 record.
905 (b) "Substantially similar name" does not include a name having an initial or a middle
906 name [
907 that does not match a different initial or middle name shown on the official register.
908 (2) In relation to an individual who signs an initiative petition with a holographic
909 signature, the county clerk shall use the following procedures in determining whether a signer
910 is a registered voter:
911 (a) if a signer's name and address [
912 with the individual's petition signature exactly match a name and address shown on the official
913 register and the signer's signature appears substantially similar to the signature on the statewide
914 voter registration database, the county clerk shall declare the signature valid;
915 (b) if there is no exact match of an address and a name, the county clerk shall declare
916 the signature valid if:
917 (i) the address [
918 signature matches the address of an individual on the official register with a substantially
919 similar name; and
920 (ii) the signer's signature appears substantially similar to the signature on the statewide
921 voter registration database of the individual described in Subsection (2)(b)(i);
922 (c) if there is no match of an address and a substantially similar name, the county clerk
923 shall declare the signature valid if:
924 (i) the birth date or age [
925 individual's petition signature matches the birth date or age of an individual on the official
926 register with a substantially similar name; and
927 (ii) the signer's signature appears substantially similar to the signature on the statewide
928 voter registration database of the individual described in Subsection (2)(c)(i); and
929 (d) if a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
930 clerk shall declare the signature to be invalid.
931 (3) In relation to an individual who, with a holographic signature, signs a statement to
932 remove the individual's signature from an initiative petition, the county clerk shall use the
933 following procedures in determining whether to remove a signature from [
934 petition after receiving a timely, valid statement requesting removal of the signature:
935 (a) if a signer's name and address shown on the statement and the initiative petition
936 exactly match a name and address shown on the official register and the signer's [
937 signatures on both the statement and the initiative petition [
938 similar to the signature on the statewide voter registration database, the county clerk shall
939 remove the signature from the initiative petition;
940 (b) if there is no exact match of an address and a name, the county clerk shall remove
941 the signature from the initiative petition if:
942 (i) the address on the statement and the [
943 individual with the individual's petition signature match the address of an individual on the
944 official register with a substantially similar name; and
945 (ii) the signer's [
946 [
947 database of the individual described in Subsection (3)(b)(i);
948 (c) if there is no match of an address and a substantially similar name, the county clerk
949 shall remove the signature from the initiative petition if:
950 (i) the birth date or age on the statement and [
951 the individual with the individual's petition signature match the birth date or age of an
952 individual on the official register with a substantially similar name; and
953 (ii) the signer's [
954 [
955 database of the individual described in Subsection (3)(c)(i); and
956 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
957 county clerk may not remove the signature from the initiative petition.
958 Section 13. Section 20A-7-207 is amended to read:
959 20A-7-207. Evaluation by the lieutenant governor.
960 (1) In relation to the manual initiative process, when the lieutenant governor receives
961 an initiative packet from a county clerk, the lieutenant governor shall record the number of the
962 initiative packet received.
963 (2) The county clerk shall:
964 (a) in relation to the manual initiative process:
965 (i) post the names, voter identification numbers, and dates of signatures described in
966 Subsection 20A-7-206(3)(c) on the lieutenant governor's website, in a conspicuous location
967 designated by the lieutenant governor:
968 (A) for an initiative packet received by the county clerk before December 1, for at least
969 90 days; or
970 (B) for an initiative packet received by the county clerk on or after December 1, for at
971 least 45 days; and
972 (ii) update on the lieutenant governor's website the number of signatures certified as of
973 the date of the update; or
974 (b) in relation to the electronic initiative process:
975 (i) post the names, voter identification numbers, and dates of signatures described in
976 Subsection 20A-7-217(4) on the lieutenant governor's website, in a conspicuous location
977 designated by the lieutenant governor:
978 (A) for a signature received by the county clerk before December 1, for at least 90
979 days; or
980 (B) for a signature received by the county clerk on or after December 1, for at least 45
981 days; and
982 (ii) update on the lieutenant governor's website the number of signatures certified as of
983 the date of the update.
984 (3) The lieutenant governor:
985 (a) shall, except as provided in Subsection (3)(b), declare the initiative petition to be
986 sufficient or insufficient on April 30 before the regular general election described in Subsection
987 20A-7-201(2)(b); or
988 (b) may declare the initiative petition to be insufficient before the day described in
989 Subsection (3)(a) if:
990 (i) in relation to the manual initiative process, the total of all valid signatures on timely
991 and lawfully submitted [
992 clerks, plus the number of signatures on timely and lawfully submitted [
993 packets that have not yet been evaluated for certification, is less than the number of names
994 required under Section 20A-7-201;
995 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
996 submitted valid signatures that have been certified by the county clerks, plus the number of
997 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
998 that have not yet been evaluated for certification, is less than the number of names required
999 under Section 20A-7-201; or
1000 (iii) a requirement of this part has not been met.
1001 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1002 the number of names required under Section 20A-7-201, and the requirements of this part are
1003 met, the lieutenant governor shall mark upon the front of the initiative petition the word
1004 "sufficient."
1005 (b) If the total number of names certified under Subsection (3) does not equal or
1006 exceed the number of names required under Section 20A-7-201 or a requirement of this part is
1007 not met, the lieutenant governor shall mark upon the front of the initiative petition the word
1008 "insufficient."
1009 (c) The lieutenant governor shall immediately notify any one of the sponsors of the
1010 lieutenant governor's finding.
1011 (5) After [
1012 additional signatures to qualify the [
1013 (6) (a) If the lieutenant governor refuses to [
1014 petition sufficient that a voter believes is legally sufficient, the voter may, no later than May 15,
1015 apply to the appropriate court for an [
1016
1017 (b) If the court determines that the initiative petition is legally sufficient, the lieutenant
1018 governor shall [
1019 mark the petition "sufficient" and consider the declaration of sufficiency effective as of the date
1020 on which the initiative petition [
1021 sufficient by the lieutenant governor's office.
1022 (c) If the court determines that [
1023 the court may enjoin the lieutenant governor and all other officers from certifying or printing
1024 the ballot title and numbers of that measure on the official ballot.
1025 (7) [
1026 is qualified for the ballot.
1027 Section 14. Section 20A-7-208 is amended to read:
1028 20A-7-208. Disposition of initiative petitions by the Legislature.
1029 (1) (a) Except as provided in Subsection (1)(b), when the lieutenant governor delivers
1030 an initiative petition to the Legislature, the law proposed by that initiative petition shall be
1031 either enacted or rejected without change or amendment by the Legislature.
1032 (b) The speaker of the House and the president of the Senate may direct legislative staff
1033 to make technical corrections authorized by Section 36-12-12.
1034 (c) If any law proposed by an initiative petition is enacted by the Legislature, the law is
1035 subject to referendum the same as other laws.
1036 (2) If any law proposed by [
1037 that proposed law shall be submitted to a vote of the people at the next regular general election
1038 if:
1039 (a) sufficient additional signatures to the petition are first obtained to bring the total
1040 number of signatures up to the number required by Subsection 20A-7-201(2); and
1041 (b) those additional signatures are verified, certified by the county clerks, and declared
1042 sufficient by the lieutenant governor as provided in this part.
1043 Section 15. Section 20A-7-209 is amended to read:
1044 20A-7-209. Short title and summary of initiative -- Duties of lieutenant governor
1045 and Office of Legislative Research and General Counsel.
1046 (1) On or before June 5 before the regular general election, the lieutenant governor
1047 shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
1048 Legislative Research and General Counsel.
1049 (2) (a) The Office of Legislative Research and General Counsel shall:
1050 (i) entitle each [
1051 Number __" and give it a number as assigned under Section 20A-6-107;
1052 (ii) prepare for each initiative:
1053 (A) an impartial short title, not exceeding 25 words, that generally describes the subject
1054 of the initiative; and
1055 (B) an impartial summary of the contents of the [
1056 words; and
1057 (iii) [
1058 governor on or before June 26.
1059 (b) The short title and summary may be distinct from the title of the proposed law[
1060
1061 (c) If the initiative proposes a tax increase, the Office of Legislative Research and
1062 General Counsel shall include the following statement, in bold, in the summary:
1063 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1064 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1065 increase in the current tax rate.".
1066 (d) For each [
1067 order:
1068 (i) the number of the initiative, determined in accordance with Section 20A-6-107;
1069 (ii) the short title; and
1070 (iii) the initial fiscal impact [
1071 as updated under Section 20A-7-204.1.
1072 (e) For each ballot that includes an initiative or referendum, the election officer shall
1073 include with the ballot a separate ballot proposition insert that includes the short title and
1074 summary for each initiative and referendum on the ballot and a link to a location on the
1075 lieutenant governor's website where a voter may review additional information relating to each
1076 initiative or referendum, including:
1077 (i) for an initiative, the information described in Subsection 20A-7-202(2), the fiscal
1078 impact [
1079 relating to the initiative that are included in the voter information pamphlet; or
1080 (ii) for a referendum, the information described in Subsection 20A-7-302(2) and the
1081 arguments relating to the referendum that are included in the voter information pamphlet.
1082 (f) For each ballot that includes an initiative or referendum, the ballot shall include the
1083 following statement at the beginning of the portion of the ballot that includes ballot measures,
1084 "The ballot proposition sheet included with this ballot contains an impartial summary of each
1085 initiative and referendum on this ballot."
1086 (3) On or before June 27, the lieutenant governor shall mail a copy of the short title and
1087 summary to any sponsor of the petition.
1088 (4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
1089 challenge the wording of the short title and summary prepared by the Office of Legislative
1090 Research and General Counsel to the appropriate court.
1091 (ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
1092 notice of the challenge to:
1093 (A) any person or group that has filed an argument for or against the [
1094 initiative that is the subject of the challenge; or
1095 (B) any political issues committee established under Section 20A-11-801 that has filed
1096 written or electronic notice with the lieutenant governor that identifies the name, mailing or
1097 email address, and telephone number of the individual designated to receive notice about any
1098 issues relating to the initiative.
1099 (b) (i) There is a presumption that the short title prepared by the Office of Legislative
1100 Research and General Counsel is an impartial description of the contents of the initiative.
1101 (ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
1102 presumption by clearly and convincingly establishing that the short title is false or biased.
1103 (iii) There is a presumption that the summary prepared by the Office of Legislative
1104 Research and General Counsel is an impartial summary of the contents of the initiative.
1105 (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
1106 the presumption by clearly and convincingly establishing that the summary is false or biased.
1107 (c) The court shall:
1108 (i) examine the short title and summary;
1109 (ii) hear arguments; and
1110 (iii) enter an order consistent with the requirements of this section.
1111 (d) The lieutenant governor shall, in accordance with the court's order, certify the short
1112 title and summary to the county clerks for inclusion in the ballot and ballot proposition insert,
1113 as required by this section.
1114 Section 16. Section 20A-7-211 is amended to read:
1115 20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
1116 proclamation.
1117 (1) The votes on the law proposed by the initiative petition shall be counted,
1118 canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
1119 (2) After the state board of canvassers completes the canvass, the lieutenant governor
1120 shall certify to the governor the vote for and against the law proposed by the initiative petition.
1121 (3) (a) The governor shall immediately issue a proclamation that:
1122 (i) gives the total number of votes cast in the state for and against each law proposed by
1123 an initiative petition; and
1124 (ii) declares those laws proposed by an initiative petition that [
1125 majority vote to be in full force and effect on the date described in Subsection 20A-7-212(2).
1126 (b) When the governor believes that two proposed laws, or that parts of two proposed
1127 laws approved by the people at the same election are entirely in conflict, the governor shall
1128 proclaim [
1129 affirmative votes, regardless of the difference in the majorities which those [
1130 initiatives receive.
1131 (c) Within 10 days after the day of the governor's proclamation, any qualified voter
1132 who signed the initiative petition proposing the law that is declared by the governor to be
1133 superseded by another [
1134 in the appropriate court to review the governor's decision.
1135 (4) Within 10 days after the day on which the court issues an order in an action
1136 described in Subsection (3)(c), the governor shall:
1137 (a) proclaim as law all [
1138 the court determines are not entirely in conflict; and
1139 (b) of [
1140 determines to be entirely in conflict, proclaim as law, regardless of the difference in majorities,
1141 the law that receives the greatest number of affirmative votes, to be in full force and effect on
1142 the date described in Subsection 20A-7-212(2).
1143 Section 17. Section 20A-7-213 is amended to read:
1144 20A-7-213. Misconduct of electors and officers -- Penalty.
1145 (1) It is unlawful for [
1146 (a) sign any name other than the [
1147 statement described in Subsection 20A-7-205(4) or 20A-7-216(4);
1148 (b) knowingly sign the [
1149 [
1150 (c) knowingly indicate that [
1151 signed the initiative petition on a date other than the date that the [
1152 initiative petition;
1153 (d) sign an initiative petition knowing the [
1154 (e) knowingly and willfully violate any provision of this part.
1155 (2) It is unlawful for [
1156 packet, or to electronically sign the verification for a signature under Subsection
1157 20A-21-201(9), knowing that:
1158 (a) the [
1159 20A-2-105;
1160 (b) the signature date associated with the [
1161 initiative petition is not the date that the [
1162 (c) the [
1163 individuals whose signatures the [
1164 (d) one or more individuals who signed the initiative petition are not registered to vote
1165 in Utah.
1166 (3) It is unlawful for [
1167 (a) pay [
1168 (b) pay [
1169 initiative petition;
1170 (c) accept payment to sign an initiative petition; or
1171 (d) accept payment to have the [
1172 petition.
1173 (4) [
1174 misdemeanor.
1175 Section 18. Section 20A-7-214 is amended to read:
1176 20A-7-214. Fiscal review -- Repeal, amendment, or resubmission.
1177 (1) No later than 60 days after the date of an election in which the voters approve an
1178 initiative [
1179 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
1180 using current financial information and containing the information required by Subsection
1181 20A-7-202.5(2); and
1182 (b) deliver a copy of the final fiscal impact statement to:
1183 (i) the president of the Senate;
1184 (ii) the minority leader of the Senate;
1185 (iii) the speaker of the House of Representatives;
1186 (iv) the minority leader of the House of Representatives; and
1187 (v) the first five sponsors listed on the initiative application.
1188 (2) If the final fiscal impact statement exceeds the estimate in the initial fiscal impact
1189 [
1190 statement and may, in any legislative session following the election in which the voters
1191 [
1192 (a) repeal the law established by passage of the initiative;
1193 (b) amend the law established by passage of the initiative; or
1194 (c) pass a joint or concurrent resolution informing the voters that they may file an
1195 initiative petition to repeal the law enacted by [
1196 Section 19. Section 20A-7-215 is amended to read:
1197 20A-7-215. Electronic initiative process -- Form of initiative petition --
1198 Circulation requirements -- Signature collection.
1199 (1) This section applies only to the electronic initiative process.
1200 (2) (a) The first screen presented on the approved device shall include the following
1201 statement:
1202 "This INITIATIVE PETITION is addressed to the Honorable ____, Lieutenant
1203 Governor:
1204 The citizens of Utah who sign this petition respectfully demand that the following
1205 proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or
1206 rejection at the regular general election/session to be held/beginning on
1207 _________(month\day\year)."
1208 (b) An individual may not advance to the second screen until the individual clicks a
1209 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1210 understand the information presented on this screen."
1211 (3) (a) The second screen presented on the approved device shall include the following
1212 statement:
1213 "Public hearings to discuss this [
1214 locations of public hearings.)".
1215 (b) An individual may not advance to the third screen until the individual clicks a link
1216 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1217 understand the information presented on this screen."
1218 (4) (a) The third screen presented on the approved device shall include the title of
1219 proposed law, described in Subsection [
1220 the entire text of the proposed law.
1221 (b) An individual may not advance to the fourth screen until the individual clicks a link
1222 at the bottom of the third screen stating, "By clicking here, I attest that I have read and
1223 understand the entire text of the proposed law."
1224 (5) Subsequent screens shall be presented on the device in the following order, with the
1225 individual viewing the device being required, before advancing to the next screen, to click a
1226 link at the bottom of the screen with the following statement: "By clicking here, I attest that I
1227 have read and understand the information presented on this screen.":
1228 (a) a description of all proposed sources of funding for the costs associated with the
1229 proposed law, including the proposed percentage of total funding from each source;
1230 (b) (i) if the initiative [
1231 initiative [
1232 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1233 increase in the current tax rate."; or
1234 (ii) if the initiative [
1235 "This initiative [
1236 (c) the initial fiscal impact [
1237 Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a), including any
1238 update in accordance with Subsection [
1239 (d) a statement indicating whether persons gathering signatures for the initiative
1240 petition may be paid for gathering signatures; and
1241 (e) the following statement, followed by links where the individual may click "yes" or
1242 "no":
1243 "I have personally reviewed the entirety of each statement presented on this device;
1244 I am personally signing this initiative petition;
1245 I am registered to vote in Utah; and
1246 All information I enter on this device, including my residence and post office address, is
1247 accurate.
1248 It is a class A misdemeanor for an individual to sign an initiative petition with a name
1249 other than the individual's own name, or to knowingly sign the individual's name more than
1250 once for the same [
1251 individual knows that the individual is not a registered voter.
1252 WARNING
1253 Even if your voter registration record is classified as private, your name, voter
1254 identification number, and date of signature in relation to signing this initiative petition will be
1255 made public.
1256 Do you wish to continue and sign this initiative petition?"
1257 (6) (a) If the individual clicks "no" in response to the question described in Subsection
1258 (5)(e), the next screen shall include the following statement, "Thank you for your time. Please
1259 return this device to the signature-gatherer."
1260 (b) If the individual clicks "yes" in response to the question described in Subsection
1261 (5)(e), the website, or the application that accesses the website, shall take the signature-gatherer
1262 and the individual signing the initiative petition through the signature process described in
1263 Section 20A-21-201.
1264 Section 20. Section 20A-7-216 is amended to read:
1265 20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
1266 remove signature.
1267 (1) This section applies to the electronic initiative process.
1268 (2) A Utah voter may sign an initiative petition if the voter is a legal voter.
1269 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1270 an individual:
1271 (a) verifies that the individual is at least 18 years old and meets the residency
1272 requirements of Section 20A-2-105; and
1273 (b) is informed that each signer is required to read and understand the law proposed by
1274 the initiative.
1275 (4) A voter who has signed an initiative petition may have the voter's signature
1276 removed from the initiative petition by submitting to the county clerk a statement requesting
1277 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1278 (a) for an electronic signature gathered before December 1:
1279 (i) 30 days after the day on which the voter signs the signature removal statement; or
1280 (ii) 90 days after the day on which the county clerk posts the voter's name under
1281 Subsection 20A-7-217(4); or
1282 (b) for an electronic signature gathered on or after December 1:
1283 (i) 30 days after the day on which the voter signs the signature removal statement; or
1284 (ii) 45 days after the day on which the county clerk posts the voter's name under
1285 Subsection 20A-7-217(4).
1286 (5) (a) The statement shall include:
1287 (i) the name of the voter;
1288 (ii) the resident address at which the voter is registered to vote;
1289 (iii) the signature of the voter; and
1290 (iv) the date of the signature described in Subsection (5)(a)(iii).
1291 (b) To increase the likelihood of the voter's signature being identified and removed, the
1292 statement may include the voter's birth date or age.
1293 (c) A voter may not submit a signature removal statement by email or other electronic
1294 means, unless the lieutenant governor establishes a signature removal process that is consistent
1295 with the requirements of this section and Section 20A-21-201.
1296 (d) A person may only remove an electronic signature from an initiative petition in
1297 accordance with this section.
1298 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1299 electronic signature from an initiative petition, in accordance with Section 20A-7-206.3.
1300 Section 21. Section 20A-7-217 is amended to read:
1301 20A-7-217. Electronic initiative process -- Collecting signatures -- Email
1302 notification -- Removal of signatures.
1303 (1) This section applies only to the electronic initiative process.
1304 (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
1305 (a) 316 days after the day on which the initiative application [
1306 is filed; or
1307 (b) the February 15 immediately before the next regular general election immediately
1308 after the initiative application is filed under Section 20A-7-202.
1309 (3) The lieutenant governor shall send to each individual who provides a valid email
1310 address during the signature-gathering process an email that includes the following:
1311 (a) the subject of the email shall include the following statement, "Notice Regarding
1312 Your Petition Signature"; and
1313 (b) the body of the email shall include the following statement in 12-point type:
1314 "You signed a petition for the following initiative:
1315 [insert title of initiative]
1316 To access a copy of the initiative petition, the text of the law proposed by the initiative,
1317 the fiscal impact statement, and information on the deadline for removing your signature from
1318 the initiative petition, please visit the following link: [insert a uniform resource locator that
1319 takes the individual directly to the page on the lieutenant governor's website that includes the
1320 information referred to in the email]."
1321 (4) Except as provided in Subsection (5), the county clerk shall, within two business
1322 days after the day on which the signature of an individual who signs [
1323 certified under Section 20A-21-201, post the name, voter identification number, and date of
1324 signature of the individual on the lieutenant governor's website, in a conspicuous location
1325 designated by the lieutenant governor.
1326 (5) (a) If the county clerk timely receives a statement requesting signature removal
1327 under Subsection 20A-7-216(4), the county clerk shall:
1328 (i) ensure that the voter's name, voter identification number, and date of signature are
1329 not included in the posting described in Subsection (4); and
1330 (ii) remove the voter's signature from the initiative petition and the initiative petition
1331 signature totals.
1332 (b) The county clerk shall comply with Subsection (5)(a) before the later of:
1333 (i) the deadline described in Subsection (4); or
1334 (ii) two business days after the day on which the county clerk receives a statement
1335 requesting signature removal under Subsection 20A-7-216(4).
1336 Section 22. Section 20A-7-301 is amended to read:
1337 20A-7-301. Referendum -- Signature requirements -- Submission to voters.
1338 (1) (a) A person seeking to have a law passed by the Legislature submitted to a vote of
1339 the people shall, after filing a referendum application, obtain:
1340 (i) legal signatures equal to 8% of the number of active voters in the state on January 1
1341 immediately following the last regular general election; and
1342 (ii) from at least 15 Senate districts, legal signatures equal to 8% of the number of
1343 active voters in that Senate district on January 1 immediately following the last regular general
1344 election.
1345 (b) When the lieutenant governor declares that a referendum petition is signed by a
1346 sufficient [
1347 governor shall issue an executive order that:
1348 (i) directs that the referendum be submitted to the voters at the next regular general
1349 election; or
1350 (ii) calls a special election according to the requirements of Section 20A-1-203 and
1351 directs that the referendum be submitted to the voters at that special election.
1352 (2) When the lieutenant governor declares that a referendum petition [
1353
1354 does not take effect unless and until it is approved by a vote of the people at a regular general
1355 election or a statewide special election.
1356 (3) The lieutenant governor shall provide the following information to any interested
1357 person:
1358 (a) the number of active voters in the state on January 1 immediately following the last
1359 regular general election; and
1360 (b) for each county, the number of active voters in that Senate district on January 1
1361 immediately following the last regular general election.
1362 Section 23. Section 20A-7-302 is amended to read:
1363 20A-7-302. Referendum process -- Application procedures.
1364 (1) Individuals wishing to circulate a referendum petition shall file [
1365 application with the lieutenant governor before 5 p.m. within five calendar days after the day
1366 on which the legislative session at which the law passed ends.
1367 (2) The referendum application shall [
1368 (a) the name and residence address of at least five sponsors of the referendum petition;
1369 (b) a statement indicating that each of the sponsors is registered to vote in Utah;
1370 (c) a statement indicating whether persons gathering signatures for the referendum
1371 petition may be paid for gathering signatures;
1372 (d) the signature of each of the sponsors, attested to by a notary public; and
1373 (e) a copy of the law that is the subject of the proposed referendum.
1374 Section 24. Section 20A-7-303 is amended to read:
1375 20A-7-303. Manual referendum process -- Form of referendum petition and
1376 signature sheets.
1377 (1) This section applies only to the manual referendum process.
1378 (2) (a) Each proposed referendum petition shall be printed in substantially the
1379 following form:
1380 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
1381 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
1382 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
1383 the part or parts on which the referendum is sought), passed by the Legislature of the state of
1384 Utah during the ____ Session, be referred to the people of Utah for their approval or rejection
1385 at a regular general election or a statewide special election;
1386 Each signer says:
1387 I have personally signed this referendum petition;
1388 The date next to my signature correctly reflects the date that I actually signed the
1389 referendum petition;
1390 I have personally reviewed the entire statement included with this referendum packet;
1391 I am registered to vote in Utah; and
1392 My residence and post office address are written correctly after my name.".
1393 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
1394 law that is the subject of the referendum to each referendum petition.
1395 (3) Each referendum signature sheet shall:
1396 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1397 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1398 that line blank for the purpose of binding;
1399 (c) include the title of the referendum printed below the horizontal line, in at least
1400 14-point, bold type;
1401 (d) include a table immediately below the title of the referendum, and beginning .5 inch
1402 from the left side of the paper, as follows:
1403 (i) the first column shall be .5 inch wide and include three rows;
1404 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1405 Office Use Only" in 10-point type;
1406 (iii) the second row of the first column shall be .35 inch tall;
1407 (iv) the third row of the first column shall be .5 inch tall;
1408 (v) the second column shall be 2.75 inches wide;
1409 (vi) the first row of the second column shall be .35 inch tall and contain the words
1410 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1411 (vii) the second row of the second column shall be .5 inch tall;
1412 (viii) the third row of the second column shall be .35 inch tall and contain the words
1413 "Street Address, City, Zip Code" in 10-point type;
1414 (ix) the fourth row of the second column shall be .5 inch tall;
1415 (x) the third column shall be 2.75 inches wide;
1416 (xi) the first row of the third column shall be .35 inch tall and contain the words
1417 "Signature of Registered Voter" in 10-point type;
1418 (xii) the second row of the third column shall be .5 inch tall;
1419 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1420 "Email Address (optional, to receive additional information)" in 10-point type;
1421 (xiv) the fourth row of the third column shall be .5 inch tall;
1422 (xv) the fourth column shall be one inch wide;
1423 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1424 "Date Signed" in 10-point type;
1425 (xvii) the second row of the fourth column shall be .5 inch tall;
1426 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1427 "Birth Date or Age (optional)" in 10-point type;
1428 (xix) the fourth row of the third column shall be .5 inch tall; and
1429 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1430 and contain the following words "By signing this referendum petition, you are stating that you
1431 have read and understand the law that this referendum petition seeks to overturn." in 12-point
1432 type;
1433 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
1434 the bottom of the sheet for the information described in Subsection (3)(f); and
1435 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
1436 followed by the following statement in not less than eight-point type:
1437 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
1438 other than the individual's own name, or to knowingly sign the individual's name more than
1439 once for the same [
1440 individual knows that the individual is not a registered voter.
1441 Birth date or age information is not required, but it may be used to verify your identity
1442 with voter registration records. If you choose not to provide it, your signature may not be
1443 verified as a valid signature if you change your address before petition signatures are verified
1444 or if the information you provide does not match your voter registration records."
1445 (4) The final page of each referendum packet shall contain the following printed or
1446 typed statement:
1447 Verification of signature collector
1448 State of Utah, County of ____
1449 I, _______________, of ____, hereby state, under penalty of perjury, that:
1450 I am a Utah resident and am at least 18 years old;
1451 All the names that appear in this referendum packet were signed by individuals who
1452 professed to be the individuals whose names appear in it, and each of the individuals signed the
1453 individual's name on it in my presence;
1454 I did not knowingly make a misrepresentation of fact concerning the law this petition
1455 seeks to overturn;
1456 I believe that each individual has printed and signed the individual's name and written
1457 the individual's post office address and residence correctly, that each signer has read and
1458 understands the law that the referendum seeks to overturn, and that each signer is registered to
1459 vote in Utah.
1460 Each individual who signed the referendum packet wrote the correct date of signature
1461 next to the individual's name.
1462 I have not paid or given anything of value to any individual who signed this [
1463 referendum packet to encourage that individual to sign it.
1464 ________________________________________________________________________
1465 (Name) (Residence Address) (Date).
1466 (5) If the forms described in this section are substantially followed, the referendum
1467 petitions are sufficient, notwithstanding clerical and merely technical errors.
1468 (6) An individual's status as a resident, under Subsection (4), is determined in
1469 accordance with Section 20A-2-105.
1470 Section 25. Section 20A-7-304 is amended to read:
1471 20A-7-304. Manual referendum process -- Circulation requirements --
1472 Lieutenant governor to provide sponsors with materials.
1473 (1) This section applies only to the manual referendum process.
1474 (2) In order to obtain the necessary number of signatures required by this part, the
1475 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1476 in Subsection (3), circulate referendum packets that meet the form requirements of this part.
1477 (3) The lieutenant governor shall [
1478 [
1479 [
1480 agreement, under Subsection (6)(a), with the Office of the Lieutenant Governor specifying the
1481 range of numbers that the sponsors will use to number the referendum packets.
1482 (4) The sponsors of the referendum petition shall:
1483 (a) arrange and pay for the printing of [
1484
1485 (b) ensure that the [
1486 the documents described in Subsection (4)(a) meet the form requirements of this section.
1487 (5) (a) The sponsors or an agent of the sponsors may prepare the referendum packets
1488 for circulation by creating multiple referendum packets.
1489 (b) The sponsors or an agent of the sponsors shall create referendum packets by
1490 binding a copy of the referendum petition with the text of the law that is the subject of the
1491 referendum and no more than 50 signature sheets together at the top in a manner that the
1492 referendum packets may be conveniently opened for signing.
1493 (c) A referendum packet is not required to have a uniform number of signature sheets.
1494 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
1495 (i) contact the lieutenant governor's office to receive a range of numbers that the
1496 sponsors may use to number [
1497 (ii) sign an agreement with the Office of the Lieutenant Governor, specifying the range
1498 of numbers that the sponsor will use to number the referendum packets; and
1499 [
1500 numbers provided by the lieutenant governor's office, starting with the lowest number in the
1501 range.
1502 (b) The sponsors or an agent of the sponsors may not:
1503 (i) number a [
1504 governor's office; or
1505 (ii) circulate or submit a [
1506 manner directed by the lieutenant governor's office.
1507 [
1508
1509 Section 26. Section 20A-7-304.5 is amended to read:
1510 20A-7-304.5. Posting referendum information.
1511 (1) On the day on which the lieutenant governor complies with Subsection
1512 20A-7-304(3), or provides the sponsors with access to the website defined in Section
1513 20A-21-101, the lieutenant governor shall post the following information together in a
1514 conspicuous place on the lieutenant governor's website:
1515 (a) the referendum petition;
1516 (b) a copy of the law that is the subject of the referendum petition; and
1517 (c) information describing how an individual may remove the individual's signature
1518 from the referendum petition.
1519 (2) The lieutenant governor shall:
1520 (a) promptly update the information described in Subsection (1) if the information
1521 changes; and
1522 (b) maintain the information described in Subsection (1) on the lieutenant governor's
1523 website until the referendum fails to qualify for the ballot or is passed or defeated at an
1524 election.
1525 Section 27. Section 20A-7-305 is amended to read:
1526 20A-7-305. Manual referendum process -- Obtaining signatures -- Verification --
1527 Removal of signature.
1528 (1) This section applies only to the manual referendum process.
1529 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1530 (3) (a) The sponsors shall ensure that the individual in whose presence each [
1531
1532 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1533 (ii) verifies each [
1534 printed on the last page of each referendum packet; and
1535 (iii) is informed that each signer is required to read and understand the law that the
1536 referendum seeks to overturn.
1537 (b) An individual may not sign the verification printed on the last page of the
1538 referendum packet if the person signed a signature sheet in the referendum packet.
1539 (4) (a) A voter who has signed a referendum petition may have the voter's signature
1540 removed from the referendum petition by submitting to the county clerk a statement requesting
1541 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1542 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1543 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
1544 Subsection 20A-7-307(2).
1545 (b) (i) The statement shall include:
1546 (A) the name of the voter;
1547 (B) the resident address at which the voter is registered to vote;
1548 (C) the signature of the voter; and
1549 (D) the date of the signature described in Subsection (4)(b)(i)(C).
1550 (ii) To increase the likelihood of the voter's signature being identified and removed, the
1551 statement may include the voter's birth date or age.
1552 (c) A voter may not submit a statement by email or other electronic means.
1553 (d) In order for the signature to be removed, the county clerk must receive the
1554 statement before 5 p.m. no later than 45 days after the day on which the lieutenant governor
1555 posts the voter's name under Subsection 20A-7-307(2).
1556 (e) A person may only remove a signature from a referendum petition in accordance
1557 with this Subsection (4).
1558 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1559 a referendum petition, in accordance with Section 20A-7-306.3.
1560 Section 28. Section 20A-7-306 is amended to read:
1561 20A-7-306. Manual referendum process -- Submitting the referendum petition --
1562 Certification of signatures by the county clerks -- Transfer to lieutenant governor.
1563 (1) This section applies only to the manual referendum process.
1564 (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
1565 referendum packet to the county clerk of the county in which the referendum packet was
1566 circulated before 5 p.m. no later than the earlier of:
1567 (i) 30 days after the day on which the first individual signs the referendum packet; or
1568 (ii) 40 days after the day on which the legislative session at which the law passed ends.
1569 (b) A person may not submit a referendum packet after the deadline described in
1570 Subsection (2)(a).
1571 (3) No later than 21 days after the day on which the county clerk receives a verified
1572 referendum packet, the county clerk shall:
1573 (a) determine whether each signer is a registered voter according to the requirements of
1574 Section 20A-7-306.3;
1575 (b) certify on the [
1576 voter;
1577 (c) except as provided in Subsection (4), post the name, voter identification number,
1578 and date of signature of each registered voter certified under Subsection (3)(b) on the lieutenant
1579 governor's website, in a conspicuous location designated by the lieutenant governor; and
1580 (d) deliver the verified referendum packet to the lieutenant governor.
1581 (4) (a) If the county clerk timely receives a statement requesting signature removal
1582 under Subsection 20A-7-305(4), the county clerk shall:
1583 (i) ensure that the voter's name, voter identification number, and date of signature are
1584 not included in the posting described in Subsection (3)(c); and
1585 (ii) remove the voter's signature from the [
1586 referendum petition and the signature totals.
1587 (b) The county clerk shall comply with Subsection (4)(a) before the later of:
1588 (i) the deadline described in Subsection (3); or
1589 (ii) two business days after the day on which the county clerk receives a statement
1590 requesting signature removal under Subsection 20A-7-305(4).
1591 (5) The county clerk may not certify a signature under Subsection (3):
1592 (a) on [
1593 Section 20A-7-305; or
1594 (b) that does not have a date of signature next to the signature.
1595 (6) A person may not retrieve a referendum packet from a county clerk, or make any
1596 alterations or corrections to a referendum packet, after the referendum packet is submitted to
1597 the county clerk.
1598 Section 29. Section 20A-7-306.3 is amended to read:
1599 20A-7-306.3. Verification of petition signatures.
1600 (1) As used in this section:
1601 (a) "Substantially similar name" means:
1602 (i) the given name [
1603 individual with the individual's petition signature contain only minor spelling differences when
1604 compared to the given name and surname shown on the official register;
1605 (ii) the surname [
1606 individual's petition signature exactly matches the surname shown on the official register, and
1607 the given names differ only because one of the given names shown is a commonly used
1608 abbreviation or variation of the other;
1609 (iii) the surname [
1610 individual's petition signature exactly matches the surname shown on the official register, and
1611 the given names differ only because one of the given names shown is accompanied by a first or
1612 middle initial or a middle name which is not shown on the other record; or
1613 (iv) the surname [
1614 individual's petition signature exactly matches the surname shown on the official register, and
1615 the given names differ only because one of the given names shown is an alphabetically
1616 corresponding initial that has been provided in the place of a given name shown on the other
1617 record.
1618 (b) "Substantially similar name" does not include a name having an initial or a middle
1619 name [
1620 that does not match a different initial or middle name shown on the official register.
1621 (2) In relation to an individual who signs a referendum petition with a holographic
1622 signature, the county clerk shall use the following procedures in determining whether a signer
1623 is a registered voter:
1624 (a) [
1625 individual with the individual's petition signature exactly match a name and address shown on
1626 the official register and the signer's signature appears substantially similar to the signature on
1627 the statewide voter registration database, the county clerk shall declare the signature valid[
1628 (b) [
1629 declare the signature valid if:
1630 (i) the address [
1631 signature matches the address of a person on the official register with a substantially similar
1632 name; and
1633 (ii) the signer's signature appears substantially similar to the signature on the statewide
1634 voter registration database of the person described in Subsection (2)(b)(i)[
1635 (c) [
1636 county clerk shall declare the signature valid if:
1637 (i) the birth date or age [
1638 individual's petition signature matches the birth date or age of a person on the official register
1639 with a substantially similar name; and
1640 (ii) the signer's signature appears substantially similar to the signature on the statewide
1641 voter registration database of the person described in Subsection (2)(c)(i)[
1642 (d) [
1643 county clerk shall declare the signature to be invalid.
1644 (3) In relation to an individual who, with a holographic signature, signs a statement to
1645 remove the individual's signature from a referendum petition, the county clerk shall use the
1646 following procedures in determining whether to remove a signature from a referendum petition
1647 after receiving a timely, valid statement requesting removal of the signature:
1648 (a) if a signer's name and address shown on the statement and the referendum petition
1649 exactly match a name and address shown on the official register and the signer's [
1650 signatures on both the statement and the referendum petition [
1651 similar to the signature on the statewide voter registration database, the county clerk shall
1652 remove the signature from the referendum petition;
1653 (b) if there is no exact match of an address and a name, the county clerk shall remove
1654 the signature from the referendum petition if:
1655 (i) the address on the statement and the [
1656 individual with the individual's petition signature match the address of an individual on the
1657 official register with a substantially similar name; and
1658 (ii) the signer's [
1659 [
1660 database of the individual described in Subsection (3)(b)(i);
1661 (c) if there is no match of an address and a substantially similar name, the county clerk
1662 shall remove the signature from the referendum petition if:
1663 (i) the birth date or age on the statement and [
1664 the individual with the individual's petition signature match the birth date or age of an
1665 individual on the official register with a substantially similar name; and
1666 (ii) the signer's [
1667 [
1668 database of the individual described in Subsection (3)(c)(i); and
1669 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1670 county clerk may not remove the signature from the referendum petition.
1671 Section 30. Section 20A-7-307 is amended to read:
1672 20A-7-307. Evaluation by the lieutenant governor.
1673 (1) In relation to the manual referendum process, when the lieutenant governor receives
1674 a referendum packet from a county clerk, the lieutenant governor shall record the number of the
1675 referendum packet received.
1676 (2) The county clerk shall:
1677 (a) in relation to the manual referendum process:
1678 (i) post the names, voter identification numbers, and dates of signatures described in
1679 Subsection [
1680 conspicuous location designated by the lieutenant governor, for at least 45 days; and
1681 (ii) update on the lieutenant governor's website the number of signatures certified as of
1682 the date of the update; or
1683 (b) in relation to the electronic referendum process:
1684 (i) post the names, voter identification numbers, and dates of signatures described in
1685 Subsection 20A-7-315(4) on the lieutenant governor's website, in a conspicuous location
1686 designated by the lieutenant governor, for at least 45 days; and
1687 (ii) update on the lieutenant governor's website the number of signatures certified as of
1688 the date of the update.
1689 (3) The lieutenant governor:
1690 (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
1691 sufficient or insufficient 106 days after the end of the legislative session at which the law
1692 passed; or
1693 (b) may declare the referendum petition to be insufficient before the day described in
1694 Subsection (3)(a) if:
1695 (i) in relation to the manual referendum process, the total of all valid signatures on
1696 timely and lawfully submitted [
1697 county clerks, plus the number of signatures on timely and lawfully submitted [
1698 referendum packets that have not yet been evaluated for certification, is less than the number of
1699 names required under Section 20A-7-301;
1700 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1701 submitted valid signatures that have been certified by the county clerks, plus the number of
1702 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1703 that have not yet been evaluated for certification, is less than the number of names required
1704 under Section 20A-7-301; or
1705 (iii) a requirement of this part has not been met.
1706 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
1707 the number of names required under Section 20A-7-301, and the requirements of this part are
1708 met, the lieutenant governor shall mark upon the front of the referendum petition the word
1709 "sufficient."
1710 (b) If the total number of names certified under Subsection (3) does not equal or
1711 exceed the number of names required under Section 20A-7-301 or a requirement of this part is
1712 not met, the lieutenant governor shall mark upon the front of the referendum petition the word
1713 "insufficient."
1714 (c) The lieutenant governor shall immediately notify any one of the sponsors of the
1715 lieutenant governor's finding.
1716 (d) After a referendum petition is declared insufficient, a person may not submit
1717 additional signatures to qualify the [
1718 (5) (a) If the lieutenant governor refuses to [
1719 petition sufficient that a voter believes is legally sufficient, the voter may, no later than 10 days
1720 after the day on which the lieutenant governor declares the petition insufficient, apply to the
1721 appropriate court for [
1722
1723 (b) If the court determines that the referendum petition is legally sufficient, the
1724 lieutenant governor shall [
1725
1726 sufficiency effective as of the date on which the referendum petition [
1727
1728 (c) If the court determines that a referendum petition filed is not legally sufficient, the
1729 court may enjoin the lieutenant governor and all other officers from certifying or printing the
1730 ballot title and numbers of that measure on the official ballot.
1731 (6) A referendum petition determined to be sufficient in accordance with this section is
1732 qualified for the ballot.
1733 Section 31. Section 20A-7-308 is amended to read:
1734 20A-7-308. Short title and summary of referendum -- Duties of lieutenant
1735 governor and Office of Legislative Research and General Counsel.
1736 (1) Whenever a referendum petition is declared sufficient for submission to a vote of
1737 the people, the lieutenant governor shall deliver a copy of the referendum petition and the
1738 [
1739 General Counsel.
1740 (2) (a) The Office of Legislative Research and General Counsel shall:
1741 (i) entitle each [
1742 Number __" and assign a number to the referendum in accordance with Section 20A-6-107;
1743 (ii) prepare for each referendum:
1744 (A) an impartial short title, not exceeding 25 words, that generally describes the
1745 [
1746 (B) an impartial summary of the contents of the [
1747 relates, not exceeding 125 words; and
1748 (iii) submit the short title and summary to the lieutenant governor within 15 days after
1749 the day on which the Office of Legislative Research and General Counsel receives the petition
1750 under Subsection (1).
1751 (b) The short title and summary may be distinct from the title of the law that is the
1752 subject of the [
1753 (c) For each [
1754 following order:
1755 (i) the number of the referendum, determined in accordance with Section 20A-6-107;
1756 and
1757 (ii) the short title described in this section.
1758 (d) For each ballot that includes an initiative or referendum, the election officer shall
1759 include with the ballot a separate ballot proposition insert that includes the short title and
1760 summary for each initiative and referendum on the ballot and a link to a location on the
1761 lieutenant governor's website where a voter may review additional information relating to each
1762 initiative or referendum, including:
1763 (i) for an initiative, the information described in Subsection 20A-7-202(2), the fiscal
1764 impact [
1765 relating to the initiative that are included in the voter information pamphlet; or
1766 (ii) for a referendum, the information described in Subsection 20A-7-302(2) and the
1767 arguments relating to the referendum that are included in the voter information pamphlet.
1768 (e) For each ballot that includes an initiative or referendum, the ballot shall include the
1769 following statement at the beginning of the portion of the ballot that includes ballot measures,
1770 "The ballot proposition sheet included with this ballot contains an impartial summary of each
1771 initiative and referendum on this ballot."
1772 (3) Immediately after the Office of Legislative Research and General Counsel submits
1773 the short title and summary to the lieutenant governor, the lieutenant governor shall mail or
1774 email a copy of the short title and summary to any of the sponsors of the referendum petition.
1775 (4) (a) (i) At least three of the sponsors of the referendum petition may, within 15 days
1776 after the day on which the lieutenant governor mails the short title and summary, challenge the
1777 wording of the short title and summary prepared by the Office of Legislative Research and
1778 General Counsel to the appropriate court.
1779 (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
1780 notice of the appeal to:
1781 (A) any person or group that has filed an argument for or against the [
1782
1783 (B) any political issues committee established under Section 20A-11-801 that has filed
1784 written or electronic notice with the lieutenant governor that identifies the name, mailing or
1785 email address, and telephone number of the person designated to receive notice about any
1786 issues relating to the referendum.
1787 (b) (i) There is a presumption that the short title prepared by the Office of Legislative
1788 Research and General Counsel is an impartial description of the contents of the referendum.
1789 (ii) The court may not revise the wording of the short title unless the plaintiffs rebut the
1790 presumption by clearly and convincingly establishing that the short title is false or biased.
1791 (iii) There is a presumption that the summary prepared by the Office of Legislative
1792 Research and General Counsel is an impartial summary of the contents of the [
1793 which the referendum relates.
1794 (iv) The court may not revise the wording of the summary unless the plaintiffs rebut
1795 the presumption by clearly and convincingly establishing that the summary is false or biased.
1796 (c) The court shall:
1797 (i) examine the short title and summary;
1798 (ii) hear arguments; and
1799 (iii) enter an order consistent with the requirements of this section.
1800 (d) The lieutenant governor shall, in accordance with the court's order, certify the short
1801 title and summary to the county clerks for inclusion in the ballot or ballot proposition insert, as
1802 required by this section.
1803 Section 32. Section 20A-7-309 is amended to read:
1804 20A-7-309. Form of ballot -- Manner of voting.
1805 (1) A county clerk shall ensure that the number and ballot title certified by the
1806 lieutenant governor are presented upon the official ballot with, immediately adjacent to the
1807 number and ballot title, the words "For" and "Against," each word presented with an adjacent
1808 square in which a voter may indicate the voter's vote.
1809 (2) (a) (i) A voter desiring to vote in favor of the law that is the subject of the
1810 referendum shall mark the square adjacent to the word "For."
1811 (ii) The law that is the subject of the referendum takes effect if a majority of voters
1812 mark "For."
1813 (b) (i) A voter desiring to vote against the law that is the subject of the referendum
1814 [
1815 (ii) The law that is the subject of the referendum does not take effect if a majority of
1816 voters mark "Against."
1817 Section 33. Section 20A-7-310 is amended to read:
1818 20A-7-310. Return and canvass -- Conflicting measures.
1819 (1) The votes on the law [
1820 shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3,
1821 Canvassing Returns.
1822 (2) After the state board of canvassers completes its canvass, the lieutenant governor
1823 shall certify to the governor the vote for and against the law [
1824 the referendum petition.
1825 (3) (a) The governor shall immediately issue a proclamation that:
1826 (i) gives the total number of votes cast in the state for and against each law [
1827
1828 (ii) declares those laws [
1829 [
1830 effective date described in Section 20A-7-311.
1831 (b) When the governor [
1832 two [
1833 governor shall proclaim [
1834 number of affirmative votes, regardless of the difference in the majorities which those
1835 [
1836 (4) (a) Within 10 days after the [
1837 proclamation described in Subsection (3), any qualified voter who signed the referendum
1838 petition [
1839 [
1840 governor's decision.
1841 (b) The court shall:
1842 (i) consider the matter and decide whether the [
1843 conflict; and
1844 (ii) enter an order consistent with the court's decision.
1845 (5) Within 10 days after the day on which the court enters an order described in
1846 Subsection (4)(b)(ii), the governor shall:
1847 (a) proclaim as law all those [
1848 court determines are not in conflict; and
1849 (b) of all those [
1850 determines to be in conflict, proclaim as law the one that receives the greatest number of
1851 affirmative votes, regardless of difference in majorities.
1852 Section 34. Section 20A-7-311 is amended to read:
1853 20A-7-311. Temporary stay -- Effective date -- Effect of repeal by Legislature.
1854 (1) If, at the time during the counting period described in Section 20A-7-307, the
1855 lieutenant governor determines that, at that point in time, an adequate number of signatures are
1856 certified to comply with the signature requirements, the lieutenant governor shall:
1857 (a) issue an order temporarily staying the law from going into effect; and
1858 (b) continue the process of certifying signatures and removing signatures as required by
1859 this part.
1860 (2) The temporary stay described in Subsection (1) remains in effect, regardless of
1861 whether a future count falls below the signature threshold, until the day on which:
1862 (a) if the lieutenant governor declares the referendum petition insufficient, five days
1863 after the day on which the lieutenant governor declares the referendum petition insufficient; or
1864 (b) if the lieutenant governor declares the referendum petition sufficient, the day on
1865 which governor issues the proclamation described in Section 20A-7-310.
1866 (3) A [
1867 by the voters at an election takes effect the later of:
1868 (a) five days after the date of the official proclamation of the vote by the governor; or
1869 (b) the effective date specified in the [
1870 (4) If, after the lieutenant governor issues a temporary stay order under Subsection
1871 (1)(a), the lieutenant governor declares the referendum petition insufficient, the [
1872 that is the subject of the referendum petition takes effect the later of:
1873 (a) five days after the day on which the lieutenant governor declares the referendum
1874 petition insufficient; or
1875 (b) the effective date specified in the [
1876 referendum petition.
1877 (5) (a) The governor may not veto a law [
1878 (b) The Legislature may amend any laws approved by the people at any legislative
1879 session after the people approve the law.
1880 (6) If the Legislature repeals a law challenged by referendum petition under this part,
1881 the referendum petition is void and no further action on the referendum petition is required.
1882 Section 35. Section 20A-7-312 is amended to read:
1883 20A-7-312. Misconduct of electors and officers -- Penalty.
1884 (1) It is unlawful for any person to:
1885 (a) sign any name other than the person's own to a referendum petition;
1886 (b) knowingly sign the person's name more than once for the same [
1887 referendum petition at one election;
1888 (c) knowingly indicate that a person who signed a referendum petition signed the
1889 referendum petition on a date other than the date that the person signed the petition;
1890 (d) sign a referendum petition knowing the person is not a legal voter; or
1891 (e) knowingly and willfully violate any provision of this part.
1892 (2) It is unlawful for any person to sign the verification for a referendum packet, or to
1893 electronically sign the verification for a signature under Subsection 20A-21-201(9) knowing
1894 that:
1895 (a) the person does not meet the residency requirements of Section 20A-2-105;
1896 (b) the signature date associated with the person's signature for the referendum petition
1897 is not the date that the person signed the referendum petition;
1898 (c) the person has not witnessed the signatures of those persons whose signatures the
1899 person collects or submits; or
1900 (d) one or more individuals who sign the referendum petition are not registered to vote
1901 in Utah.
1902 (3) It is unlawful for any person to:
1903 (a) pay a person to sign a referendum petition;
1904 (b) pay a person to remove the person's signature from a referendum petition;
1905 (c) accept payment to sign a referendum petition; or
1906 (d) accept payment to have the person's name removed from a referendum petition.
1907 (4) Any person violating this section is guilty of a class A misdemeanor.
1908 Section 36. Section 20A-7-313 is amended to read:
1909 20A-7-313. Electronic referendum process -- Form of referendum petition --
1910 Circulation requirements -- Signature collection.
1911 (1) This section applies only to the electronic referendum process.
1912 (2) (a) The first screen presented on the approved device shall include the following
1913 statement:
1914 "This REFERENDUM PETITION is addressed to the Honorable ____, Lieutenant
1915 Governor:
1916 The citizens of Utah who sign this petition respectfully order that Senate (or House)
1917 Bill No.____, entitled (title of act, and, if the petition is against less than the whole act, set
1918 forth here the part or parts on which the referendum is sought), passed by the Legislature of the
1919 state of Utah during the ____ Session, be referred to the people of Utah for their approval or
1920 rejection at a regular general election or a statewide special election."
1921 (b) An individual may not advance to the second screen until the individual clicks a
1922 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1923 understand the information presented on this screen."
1924 (3) (a) The second screen presented on the approved device shall include the entire text
1925 of the law that is the subject of the referendum petition.
1926 (b) An individual may not advance to the third screen until the individual clicks a link
1927 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1928 understand the entire text of the law that is the subject of the referendum petition."
1929 (4) (a) The third screen presented on the approved device shall include a statement
1930 indicating whether persons gathering signatures for the referendum petition may be paid for
1931 gathering signatures.
1932 (b) An individual may not advance to the fourth screen until the individual clicks a link
1933 at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1934 understand the information presented on this screen."
1935 (5) The fourth screen presented on the approved device shall include the following
1936 statement, followed by links where the individual may click "yes" or "no":
1937 "I have personally reviewed the entirety of each statement presented on this device;
1938 I am personally signing this referendum petition;
1939 I am registered to vote in Utah; and
1940 All information I enter on this device, including my residence and post office address, is
1941 accurate.
1942 It is a class A misdemeanor for an individual to sign a referendum petition with a name
1943 other than the individual's own name, or to knowingly sign the individual's name more than
1944 once for the same [
1945 individual knows that the individual is not a registered voter.
1946 WARNING
1947 Even if your voter registration record is classified as private, your name, voter
1948 identification number, and date of signature in relation to signing this referendum petition will
1949 be made public.
1950 Do you wish to continue and sign this referendum petition?"
1951 (6) (a) If the individual clicks "no" in response to the question described in Subsection
1952 (5), the next screen shall include the following statement, "Thank you for your time. Please
1953 return this device to the signature-gatherer."
1954 (b) If the individual clicks "yes" in response to the question described in Subsection
1955 (5), the website, or the application that accesses the website, shall take the signature-gatherer
1956 and the individual signing the referendum petition through the signature process described in
1957 Section 20A-21-201.
1958 Section 37. Section 20A-7-314 is amended to read:
1959 20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
1960 remove signature.
1961 (1) This section applies to the electronic referendum process.
1962 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1963 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1964 an individual:
1965 (a) verifies that the individual is at least 18 years old and meets the residency
1966 requirements of Section 20A-2-105; and
1967 (b) is informed that each signer is required to read and understand the law that is the
1968 subject of the referendum petition.
1969 (4) A voter who has signed a referendum petition may have the voter's signature
1970 removed from the referendum petition by submitting to the county clerk a statement requesting
1971 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1972 (a) 30 days after the day on which the voter signs the statement requesting removal; or
1973 (b) 45 days after the day on which the lieutenant governor posts the voter's name under
1974 Subsection 20A-7-315(4).
1975 (5) (a) The statement shall include:
1976 (i) the name of the voter;
1977 (ii) the resident address at which the voter is registered to vote;
1978 (iii) the signature of the voter; and
1979 (iv) the date of the signature described in Subsection (5)(a)(iii).
1980 (b) To increase the likelihood of the voter's signature being identified and removed, the
1981 statement may include the voter's birth date or age.
1982 (c) A voter may not submit a signature removal statement by email or other electronic
1983 means, unless the lieutenant governor establishes a signature removal process that is consistent
1984 with the requirements of this section and Section 20A-21-201.
1985 (d) A person may only remove an electronic signature from a referendum petition in
1986 accordance with this section.
1987 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1988 electronic signature from a referendum petition, in accordance with Section 20A-7-306.3.
1989 Section 38. Section 20A-7-315 is amended to read:
1990 20A-7-315. Electronic referendum process -- Collecting signatures -- Removal of
1991 signatures.
1992 (1) This section applies only to the electronic referendum process.
1993 (2) A signature-gatherer may not collect a signature after 5 p.m., 40 days after the day
1994 on which the legislative session at which the law passed ends.
1995 (3) The lieutenant governor shall send to each individual who provides a valid email
1996 address during the signature-gathering process an email that includes the following:
1997 (a) the subject of the email shall include the following statement, "Notice Regarding
1998 Your Petition Signature"; and
1999 (b) the body of the email shall include the following statement in 12-point type:
2000 "You signed a petition for the following referendum:
2001 [insert title of [
2002 To access a copy of the referendum petition, the law that is the subject of the
2003 referendum petition, and information on the deadline for removing your signature from the
2004 referendum petition, please visit the following link: [insert a uniform resource locator that takes
2005 the individual directly to the page on the lieutenant governor's website that includes the
2006 information referred to in the email]."
2007 (4) Except as provided in Subsection (5), the county clerk shall, within two business
2008 days after the day on which the signature of an individual who signs a referendum petition is
2009 certified under Section 20A-21-201, post the name, voter identification number, and date of
2010 signature of the individual on the lieutenant governor's website, in a conspicuous location
2011 designated by the lieutenant governor.
2012 (5) (a) If the county clerk timely receives a statement requesting signature removal
2013 under Subsection 20A-7-314(4), the county clerk shall:
2014 (i) ensure that the voter's name, voter identification number, and date of signature are
2015 not included in the posting described in Subsection (4); and
2016 (ii) remove the voter's signature from the referendum petition and the [
2017 signature totals.
2018 (b) The county clerk shall comply with Subsection (5)(a) before the later of:
2019 (i) the deadline described in Subsection (4); or
2020 (ii) two business days after the day on which the county clerk receives a statement
2021 requesting signature removal under Subsection 20A-7-314(4).
2022 Section 39. Section 20A-7-501 is amended to read:
2023 20A-7-501. Initiatives -- Signature requirements -- Time requirements.
2024 (1) As used in this section:
2025 (a) "Number of active voters" means the number of active voters in the county, city, or
2026 town on the immediately preceding January 1.
2027 (b) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
2028 or (2)(b).
2029 (2) An eligible voter seeking to have an initiative submitted to a local legislative body
2030 or to a vote of the people for approval or rejection shall, after filing an initiative application,
2031 obtain legal signatures equal to:
2032 (a) for a county of the first class:
2033 (i) 7.75% of the number of active voters in the county; and
2034 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
2035 of the county's voter participation areas;
2036 (b) for a metro township with a population of 100,000 or more, or a city of the first
2037 class:
2038 (i) 7.5% of the number of active voters in the metro township or city; and
2039 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
2040 of the metro township's or city's voter participation areas;
2041 (c) for a county of the second class:
2042 (i) 8% of the number of active voters in the county; and
2043 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
2044 the county's voter participation areas;
2045 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
2046 a city of the second class:
2047 (i) 8.25% of the number of active voters in the metro township or city; and
2048 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
2049 of the metro township's or city's voter participation areas;
2050 (e) for a county of the third class:
2051 (i) 9.5% of the number of active voters in the county; and
2052 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
2053 of the county's voter participation areas;
2054 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
2055 city of the third class:
2056 (i) 10% of the number of active voters in the metro township or city; and
2057 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
2058 of the metro township's or city's voter participation areas;
2059 (g) for a county of the fourth class:
2060 (i) 11.5% of the number of active voters in the county; and
2061 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2062 of the county's voter participation areas;
2063 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
2064 city of the fourth class:
2065 (i) 11.5% of the number of active voters in the metro township or city; and
2066 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2067 of the metro township's or city's voter participation areas;
2068 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
2069 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
2070 township, city, or county; or
2071 (j) for a metro township with a population of less than 1,000, a town, or a county of the
2072 sixth class, 35% of the number of active voters in the metro township, town, or county.
2073 (3) If the total number of certified [
2074 signatures collected for the initiative petition equals or exceeds the number of [
2075 signatures required by this section, the clerk or recorder shall deliver the proposed law to the
2076 local legislative body at the local legislative body's next meeting.
2077 (4) (a) The local legislative body shall either adopt or reject the proposed law without
2078 change or amendment within 30 days after the day on which the local legislative body receives
2079 the proposed law under Subsection (3).
2080 (b) The local legislative body may:
2081 (i) adopt the proposed law and refer the proposed law to the people;
2082 (ii) adopt the proposed law without referring the proposed law to the people; or
2083 (iii) reject the proposed law.
2084 (c) If the local legislative body adopts the proposed law but does not refer the proposed
2085 law to the people, the proposed law is subject to referendum as with other local laws.
2086 (d) (i) If a county legislative body rejects a proposed law, or takes no action on a
2087 proposed law, the county clerk shall submit the proposed law to the voters of the county at the
2088 next regular general election immediately after the [
2089 proposed law is filed under Section 20A-7-502.
2090 (ii) If a local legislative body of a municipality rejects a proposed law, or takes no
2091 action on a proposed law, the municipal recorder or clerk shall submit the proposed law to the
2092 voters of the municipality at the next municipal general election immediately after the
2093 [
2094 (e) (i) If a local legislative body rejects a proposed law, or takes no action on a
2095 proposed law, the local legislative body may adopt a competing local law.
2096 (ii) The local legislative body shall prepare and adopt the competing local law within
2097 the 30-day period described in Subsection (4)(a).
2098 (iii) If a local legislative body adopts a competing local law, the clerk or recorder shall
2099 refer the competing local law to the voters of the county or municipality at the same election at
2100 which the [
2101 (f) If conflicting local laws are submitted to the people at the same election and two or
2102 more of the conflicting measures are approved by the people, the [
2103 receives the greatest number of affirmative votes shall control all conflicts.
2104 Section 40. Section 20A-7-502 is amended to read:
2105 20A-7-502. Local initiative process -- Application procedures.
2106 (1) Individuals wishing to circulate an initiative petition shall file an initiative
2107 application with the local clerk.
2108 (2) The initiative application shall [
2109 (a) the name and residence address of at least five sponsors of the initiative petition;
2110 (b) a statement indicating that each of the sponsors is registered to vote in Utah;
2111 (c) the signature of each of the sponsors, acknowledged by a notary public;
2112 (d) a copy of the proposed law that includes:
2113 (i) the title of the proposed law that clearly expresses the subject of the law;
2114 (ii) a description of all proposed sources of funding for the costs associated with the
2115 proposed law, including the proposed percentage of total funding from each source; and
2116 (iii) the text of the proposed law;
2117 (e) if the initiative petition proposes a tax increase, the following statement, "This
2118 initiative [
2119 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2120 increase in the current tax rate."; and
2121 (f) a statement indicating whether persons gathering signatures for the initiative
2122 petition may be paid for gathering signatures.
2123 (3) A proposed law submitted under this section may not contain more than one subject
2124 to the same extent that a bill may not pass containing more than one subject as provided in
2125 Utah Constitution, Article VI, Section 22.
2126 Section 41. Section 20A-7-502.5 is amended to read:
2127 20A-7-502.5. Initial fiscal and legal impact statement -- Preparation of statement.
2128 (1) Within three business days after the day on which the local clerk receives an
2129 initiative application [
2130 [
2131 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
2132 faith [
2133 [
2134 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
2135 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
2136 the total estimated increase or decrease for each type of tax affected under the proposed law
2137 and a dollar amount representing the total estimated increase or decrease in taxes under the
2138 proposed law;
2139 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
2140 percentage increase;
2141 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
2142 notes, or other debt instruments, a dollar amount representing the total estimated increase or
2143 decrease in public debt under the proposed law;
2144 (v) a listing of all sources of funding for the estimated costs associated with the
2145 proposed law showing each source of funding and the percentage of total funding provided
2146 from each source;
2147 (vi) a dollar amount representing the estimated costs or savings, if any, to state and
2148 local government entities under the proposed law;
2149 (vii) the proposed law's legal impact, including:
2150 (A) any significant effects on a person's vested property rights;
2151 (B) any significant effects on other laws or ordinances;
2152 (C) any significant legal liability the city, county, or town may incur; and
2153 (D) any other significant legal impact as determined by the budget officer and the legal
2154 counsel; and
2155 (viii) a concise explanation, not exceeding 100 words, of the [
2156 described in this Subsection (2)(a) and of the estimated fiscal impact, if any, under the
2157 proposed law.
2158 (b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
2159 shall include a summary statement in the initial fiscal impact and legal statement in
2160 substantially the following form:
2161 "The (title of the local budget officer) estimates that the law proposed by this initiative
2162 would have no significant fiscal impact and would not result in either an increase or decrease in
2163 taxes or debt."
2164 (ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
2165 shall include a summary statement in the initial fiscal impact [
2166 substantially the following form:
2167 "The (title of the local budget officer) estimates that the law proposed by this initiative
2168 would result in a total fiscal expense/savings of $______, which includes a (type of tax or
2169 taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
2170 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
2171 difficult to reasonably express in a summary statement, the local budget officer may include in
2172 the summary statement a brief explanation that identifies those factors affecting the variability
2173 or difficulty of the estimate.
2174 (iv) If the proposed law would increase taxes, the local budget officer shall include a
2175 summary statement in the initial fiscal impact and legal statement in substantially the following
2176 form:
2177 "This initiative [
2178 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
2179 increase) percent increase in the current tax rate."
2180 (3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
2181 printing and distributing information related to the initiative petition in the voter information
2182 pamphlet as required by Section 20A-7-402.
2183 (4) Within 20 calendar days after the day on which the local clerk submits a copy of the
2184 proposed law under Subsection (1), the budget officer shall:
2185 (a) deliver a copy of the initial fiscal impact [
2186
2187 (b) mail a copy of the initial fiscal impact [
2188
2189 Section 42. Section 20A-7-502.6 is amended to read:
2190 20A-7-502.6. Posting initiative information.
2191 (1) Within one business day after the day on which the local clerk's office receives the
2192 initial fiscal impact [
2193 local clerk shall post the following information together in a conspicuous place on the local
2194 clerk's website:
2195 (a) the initiative application;
2196 [
2197 [
2198 [
2199 [
2200 signature from the [
2201 (2) The local clerk shall:
2202 (a) promptly update the information described in Subsection (1) if the information
2203 changes; and
2204 (b) maintain the information described in Subsection (1) on the local clerk's website
2205 until the initiative fails to qualify for the ballot or is passed or defeated at an election.
2206 Section 43. Section 20A-7-502.7 is amended to read:
2207 20A-7-502.7. Referability to voters.
2208 (1) Within 20 days after the day on which an eligible voter files an initiative
2209 application [
2210 city, town, or metro township to which the initiative pertains shall:
2211 (a) review the proposed law [
2212 determine whether the law is legally referable to voters; and
2213 (b) notify the first three sponsors, in writing, whether the proposed law is:
2214 (i) legally referable to voters; or
2215 (ii) rejected as not legally referable to voters.
2216 (2) A proposed law [
2217 referable to voters unless:
2218 (a) the proposed law:
2219 (i) is patently unconstitutional;
2220 [
2221 [
2222 [
2223 [
2224 with Subsection 20A-7-502(3); or
2225 [
2226 [
2227 proposed law sought by an initiative application submitted to the local clerk, under Section
2228 20A-7-502, within two years before the day on which the initiative application for the current
2229 proposed [
2230 (c) the subject of the proposed law is not clearly expressed in the law's title; or
2231 [
2232 not comply with the requirements of this part.
2233 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
2234 or metro township may not:
2235 (a) reject a proposed initiative as not legally referable to voters; or
2236 (b) bring a legal action, other than to appeal a court decision, challenging a proposed
2237 initiative on the grounds that the proposed initiative is not legally referable to voters.
2238 (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
2239 the proposed initiative may, within 10 days after the day on which a sponsor is notified under
2240 Subsection (1)(b), appeal the decision to:
2241 (a) district court; or
2242 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
2243 (5) If, on appeal, the court determines that the law proposed [
2244 [
2245 20A-7-504(3), or give the sponsors access to the website defined in Section 20A-21-101,
2246 within five days after the day on which the determination, and any appeal of the determination,
2247 is final.
2248 Section 44. Section 20A-7-503 is amended to read:
2249 20A-7-503. Manual initiative process -- Form of initiative petition and signature
2250 sheet.
2251 (1) This section applies only to the manual initiative process.
2252 (2) (a) Each proposed initiative petition shall be printed in substantially the following
2253 form:
2254 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
2255 Clerk:
2256 We, the undersigned citizens of Utah, respectfully demand that the following proposed
2257 law be submitted to: the legislative body for its approval or rejection at its next meeting; and
2258 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
2259 no action on it.
2260 Each signer says:
2261 I have personally signed this initiative petition;
2262 The date next to my signature correctly reflects the date that I actually signed the
2263 petition;
2264 I have personally reviewed the entire statement included with this packet;
2265 I am registered to vote in Utah; and
2266 My residence and post office address are written correctly after my name."
2267 (b) If the initiative [
2268 appear, in at least 14-point, bold type, immediately following the information described in
2269 Subsection (2)(a):
2270 "This initiative [
2271 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
2272 increase) percent increase in the current tax rate."
2273 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
2274 proposed law to each initiative petition.
2275 (3) Each initiative signature sheet shall:
2276 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2277 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2278 that line blank for the purpose of binding;
2279 (c) include the title of the initiative printed below the horizontal line, in at least
2280 14-point, bold type;
2281 (d) include a table immediately below the title of the initiative, and beginning .5 inch
2282 from the left side of the paper, as follows:
2283 (i) the first column shall be .5 inch wide and include three rows;
2284 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
2285 Office Use Only" in 10-point type;
2286 (iii) the second row of the first column shall be .35 inch tall;
2287 (iv) the third row of the first column shall be .5 inch tall;
2288 (v) the second column shall be 2.75 inches wide;
2289 (vi) the first row of the second column shall be .35 inch tall and contain the words
2290 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
2291 (vii) the second row of the second column shall be .5 inch tall;
2292 (viii) the third row of the second column shall be .35 inch tall and contain the words
2293 "Street Address, City, Zip Code" in 10-point type;
2294 (ix) the fourth row of the second column shall be .5 inch tall;
2295 (x) the third column shall be 2.75 inches wide;
2296 (xi) the first row of the third column shall be .35 inch tall and contain the words
2297 "Signature of Registered Voter" in 10-point type;
2298 (xii) the second row of the third column shall be .5 inch tall;
2299 (xiii) the third row of the third column shall be .35 inch tall and contain the words
2300 "Email Address (optional, to receive additional information)" in 10-point type;
2301 (xiv) the fourth row of the third column shall be .5 inch tall;
2302 (xv) the fourth column shall be one inch wide;
2303 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
2304 "Date Signed" in 10-point type;
2305 (xvii) the second row of the fourth column shall be .5 inch tall;
2306 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
2307 "Birth Date or Age (optional)" in 10-point type;
2308 (xix) the fourth row of the third column shall be .5 inch tall; and
2309 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
2310 and contain the following words "By signing this initiative petition, you are stating that you
2311 have read and understand the law proposed by this initiative petition." in 12-point type;
2312 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
2313 the bottom of the sheet for the information described in Subsection (3)(f); and
2314 (f) at the bottom of the sheet, include in the following order:
2315 (i) the words "Fiscal and legal impact of" followed by the title of the initiative, in at
2316 least 12-point, bold type;
2317 (ii) the summary statement in the initial fiscal impact [
2318 statement issued by the budget officer in accordance with Subsection 20A-7-502.5(2)(b) and
2319 the cost estimate for printing and distributing information related to the initiative petition in
2320 accordance with Subsection 20A-7-502.5(3), in not less than 12-point, bold type;
2321 (iii) if the initiative [
2322 12-point, bold type:
2323 "This initiative [
2324 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
2325 increase) percent increase in the current tax rate."; and
2326 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
2327 not less than eight-point type:
2328 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
2329 other than the individual's own name, or to knowingly sign the individual's name more than
2330 once for the same [
2331 individual knows that the individual is not a registered voter.
2332 Birth date or age information is not required, but it may be used to verify your identity
2333 with voter registration records. If you choose not to provide it, your signature may not be
2334 verified as a valid signature if you change your address before petition signatures are verified
2335 or if the information you provide does not match your voter registration records."
2336 (4) The final page of each initiative packet shall contain the following printed or typed
2337 statement:
2338 "Verification of signature collector
2339 State of Utah, County of ____
2340 I, _______________, of ____, hereby state, under penalty of perjury, that:
2341 I am a resident of Utah and am at least 18 years old;
2342 All the names that appear in this packet were signed by individuals who professed to be
2343 the individuals whose names appear in it, and each of the individuals signed the individual's
2344 name on it in my presence;
2345 I did not knowingly make a misrepresentation of fact concerning the law proposed by
2346 the initiative;
2347 I believe that each individual has printed and signed the individual's name and written
2348 the individual's post office address and residence correctly, that each signer has read and
2349 understands the law proposed by the initiative, and that each signer is registered to vote in
2350 Utah.
2351 ______________________________________________________________________
2352 (Name)
2353 Each individual who signed the packet wrote the correct date of signature next to the
2354 individual's name.
2355 I have not paid or given anything of value to any individual who signed this petition to
2356 encourage that individual to sign it.
2357 _____________________________________________________________________
2358 (Name)
2359 (5) If the forms described in this section are substantially followed, the initiative
2360 petitions are sufficient, notwithstanding clerical and merely technical errors.
2361 (6) An individual's status as a resident, under Subsection (4), is determined in
2362 accordance with Section 20A-2-105.
2363 Section 45. Section 20A-7-504 is amended to read:
2364 20A-7-504. Manual initiative process -- Circulation requirements -- Local clerk to
2365 provide sponsors with materials.
2366 (1) This section applies only to the manual initiative process.
2367 (2) In order to obtain the necessary number of signatures required by this part, the
2368 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
2369 in Subsections (3) and 20A-7-401.5(4)(b), circulate initiative packets that meet the form
2370 requirements of this part.
2371 (3) Within five days after the day on which a county, city, town, metro township, or
2372 court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
2373 petition is legally referable to voters, the local clerk shall [
2374 (a) a copy of the initiative petition; and
2375 (b) a signature sheet.
2376 (4) The sponsors of the [
2377 (a) arrange and pay for the printing of all [
2378
2379 (b) ensure that the [
2380 the documents described in Subsection (4)(a) meet the [
2381 part.
2382 (5) (a) The sponsors or an agent of the sponsors may prepare the initiative packets for
2383 circulation by creating multiple initiative packets.
2384 (b) The sponsors or an agent of the sponsors shall create initiative packets by binding a
2385 copy of the initiative petition with the text of the proposed law and no more than 50 signature
2386 sheets together at the top in a manner that the initiative packets may be conveniently opened for
2387 signing.
2388 (c) An initiative packet is not required to have a uniform number of signature sheets.
2389 (d) The sponsors or an agent of the sponsors shall include, with each initiative packet, a
2390 copy of the proposition information pamphlet provided to the sponsors under Subsection
2391 20A-7-401.5(4)(b).
2392 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
2393 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
2394 number [
2395 (ii) number each [
2396 provided by the county clerk, starting with the lowest number in the range.
2397 (b) The sponsors or an agent of the sponsors may not:
2398 (i) number [
2399 clerk; or
2400 (ii) circulate or submit [
2401 manner directed by the county clerk.
2402 (c) The county clerk shall keep a record of the number range provided under
2403 Subsection (6)(a).
2404 Section 46. Section 20A-7-505 is amended to read:
2405 20A-7-505. Manual initiative process -- Obtaining signatures -- Verification --
2406 Removal of signature.
2407 (1) This section applies only to the manual initiative process.
2408 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
2409 resides in the local jurisdiction.
2410 (3) (a) The sponsors shall ensure that the individual in whose presence each initiative
2411 signature sheet was signed:
2412 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
2413 (ii) verifies each [
2414 printed on the last page of each initiative packet; and
2415 (iii) is informed that each signer is required to read and understand the law proposed by
2416 the initiative.
2417 (b) An individual may not sign the verification printed on the last page of the initiative
2418 packet if the individual signed a signature sheet in the initiative packet.
2419 (4) (a) A voter who has signed an initiative petition may have the voter's signature
2420 removed from the initiative petition by submitting a statement requesting that the voter's
2421 signature be removed before 5 p.m. no later than the earlier of:
2422 (i) 30 days after the day on which the voter signs the signature removal statement;
2423 (ii) 90 days after the day on which the local clerk posts the voter's name under
2424 Subsection 20A-7-507(2);
2425 (iii) 316 days after the day on which the initiative application is filed; or
2426 (iv) (A) for a county initiative, April 15 immediately before the next regular general
2427 election immediately after the initiative application is filed under Section 20A-7-502; or
2428 (B) for a municipal initiative, April 15 immediately before the next municipal general
2429 election immediately after the initiative application is filed under Section 20A-7-502.
2430 (b) (i) The statement shall include:
2431 (A) the name of the voter;
2432 (B) the resident address at which the voter is registered to vote;
2433 (C) the signature of the voter; and
2434 (D) the date of the signature described in Subsection (4)(b)(i)(C).
2435 (ii) To increase the likelihood of the voter's signature being identified and removed, the
2436 statement may include the voter's birth date or age.
2437 (c) A voter may not submit a statement by email or other electronic means.
2438 (d) In order for the signature to be removed, the county clerk must receive the
2439 statement before 5 p.m. no later than the applicable deadline described in Subsection (4)(a).
2440 (e) A person may only remove a signature from an initiative petition in accordance
2441 with this Subsection (4)[
2442 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
2443 an initiative petition, in accordance with Section 20A-7-506.3.
2444 Section 47. Section 20A-7-506 is amended to read:
2445 20A-7-506. Manual initiative process -- Submitting the initiative petition --
2446 Certification of signatures by the county clerks -- Transfer to local clerk.
2447 (1) This section applies only to the manual initiative process.
2448 (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
2449 initiative packet to the county clerk of the county in which the initiative packet was circulated
2450 before 5 p.m. no later than the earlier of:
2451 (i) 30 days after the day on which the first individual signs the initiative packet;
2452 (ii) 316 days after the day on which the initiative application is filed; or
2453 (iii) (A) for a county initiative, April 15 immediately before the next regular general
2454 election immediately after the initiative application is filed under Section 20A-7-502; or
2455 (B) for a municipal initiative, April 15 immediately before the next municipal general
2456 election immediately after the initiative application is filed under Section 20A-7-502.
2457 (b) A person may not submit an initiative packet after the deadline established in
2458 Subsection (2)(a).
2459 (c) Before delivering [
2460 the sponsors shall send an email to each individual who provides a legible, valid email address
2461 on the form described in Subsection 20A-7-503(3)(d) that includes the following:
2462 (i) the subject of the email shall include the following statement, "Notice Regarding
2463 Your Petition Signature"; and
2464 (ii) the body of the email shall include the following statement in 12-point type:
2465 "You signed a petition for the following initiative:
2466 [insert title of initiative]
2467 To access a copy of the initiative petition, the initiative, the fiscal impact and legal
2468 statement, and information on the deadline for removing your signature from the petition,
2469 please visit the following link: [insert a uniform resource locator that takes the individual
2470 directly to the page on the county clerk's website that includes the information referred to in the
2471 email]."
2472 (d) When the sponsors submit the final [
2473 the sponsors shall submit to the county clerk the following written verification, completed and
2474 signed by each of the sponsors:
2475 "Verification of initiative sponsor
2476 State of Utah, County of __________
2477 I, ____________, of ____________, hereby state, under penalty of perjury, that:
2478 I am a sponsor of the initiative petition entitled __________________________;
2479 I sent, or caused to be sent, to each individual who provided a legible, valid email
2480 address on a signature packet submitted to the county clerk in relation to the initiative petition,
2481 the email described in Utah Code Subsection 20A-7-506(2)(c).
2482 ____________________________________________________________________________
2483 (Name)
2484 (e) Signatures gathered for the initiative [
2485 comply with this Subsection (2).
2486 (3) The county clerk shall, within 21 days after the day on which the county clerk
2487 receives [
2488 (a) determine whether each signer is a registered voter according to the requirements of
2489 Section 20A-7-506.3;
2490 (b) certify on the [
2491 voter;
2492 (c) except as provided in Subsection (4), post the name, voter identification number,
2493 and date of signature of each registered voter certified under Subsection (3)(b) on the lieutenant
2494 governor's website, in a conspicuous location designated by the lieutenant governor; and
2495 (d) deliver the verified initiative packet to the local clerk.
2496 (4) (a) If the county clerk timely receives a statement requesting signature removal
2497 under Subsection 20A-7-505(4), the county clerk shall:
2498 (i) ensure that the voter's name, voter identification number, and date of signature are
2499 not included in the posting described in Subsection (3)(c); and
2500 (ii) remove the voter's signature from the [
2501 initiative petition and the signature totals.
2502 (b) The county clerk shall comply with Subsection (4)(a) before the later of:
2503 (i) the deadline described in Subsection (3); or
2504 (ii) two business days after the day on which the county clerk receives a statement
2505 requesting signature removal under Subsection 20A-7-505(4).
2506 (c) The local clerk shall post a link in a conspicuous location on the local government's
2507 website to the posting described in Subsection (3)(c) during the period of time described in
2508 Subsection 20A-7-507(3)(a).
2509 (5) The county clerk may not certify a signature under Subsection (3) on an initiative
2510 packet that is not verified in accordance with Section 20A-7-505.
2511 (6) A person may not retrieve an initiative packet from a county clerk, or make any
2512 alterations or corrections to an initiative packet, after the initiative packet is submitted to the
2513 county clerk.
2514 Section 48. Section 20A-7-506.3 is amended to read:
2515 20A-7-506.3. Verification of petition signatures.
2516 (1) As used in this section:
2517 (a) "Substantially similar name" means:
2518 (i) the given name [
2519 individual with the individual's petition signature contain only minor spelling differences when
2520 compared to the given name and surname shown on the official register;
2521 (ii) the surname [
2522 individual's petition signature exactly matches the surname shown on the official register, and
2523 the given names differ only because one of the given names shown is a commonly used
2524 abbreviation or variation of the other;
2525 (iii) the surname [
2526 individual's petition signature exactly matches the surname shown on the official register, and
2527 the given names differ only because one of the given names shown is accompanied by a first or
2528 middle initial or a middle name which is not shown on the other record; or
2529 (iv) the surname [
2530 individual's petition signature exactly matches the surname shown on the official register, and
2531 the given names differ only because one of the given names shown is an alphabetically
2532 corresponding initial that has been provided in the place of a given name shown on the other
2533 record.
2534 (b) "Substantially similar name" does not mean a name having an initial or a middle
2535 name [
2536 that does not match a different initial or middle name shown on the official register.
2537 (2) In relation to an individual who signs an initiative petition with a holographic
2538 signature, the county clerk shall use the following procedures in determining whether a signer
2539 is a registered voter:
2540 (a) [
2541 individual with the individual's petition signature exactly match a name and address shown on
2542 the official register and the signer's signature appears substantially similar to the signature on
2543 the statewide voter registration database, the county clerk shall declare the signature valid[
2544 (b) [
2545 declare the signature valid if:
2546 (i) the address [
2547 signature matches the address of an individual on the official register with a substantially
2548 similar name; and
2549 (ii) the signer's signature appears substantially similar to the signature on the statewide
2550 voter registration database of the individual described in Subsection (2)(b)(i)[
2551 (c) [
2552 county clerk shall declare the signature valid if:
2553 (i) the birth date or age [
2554 individual's petition signature matches the birth date or age of an individual on the official
2555 register with a substantially similar name; and
2556 (ii) the signer's signature appears substantially similar to the signature on the statewide
2557 voter registration database of the individual described in Subsection (2)(c)(i)[
2558 (d) [
2559 county clerk shall declare the signature to be invalid.
2560 (3) In relation to an individual who, with a holographic signature, signs a statement to
2561 remove the individual's signature from an initiative petition, the county clerk shall use the
2562 following procedures in determining whether to remove a signature from [
2563 petition after receiving a timely, valid statement requesting removal of the signature:
2564 (a) if a signer's name and address shown on the statement and the initiative petition
2565 exactly match a name and address shown on the official register and the signer's [
2566 signatures on both the statement and the initiative petition [
2567 similar to the signature on the statewide voter registration database, the county clerk shall
2568 remove the signature from the initiative petition;
2569 (b) if there is no exact match of an address and a name, the county clerk shall remove
2570 the signature from the initiative petition if:
2571 (i) the address on the statement and the [
2572 individual with the individual's petition signature match the address of an individual on the
2573 official register with a substantially similar name; and
2574 (ii) the signer's [
2575 [
2576 database of the individual described in Subsection (3)(b)(i);
2577 (c) if there is no match of an address and a substantially similar name, the county clerk
2578 shall remove the signature from the initiative petition if:
2579 (i) the birth date or age on the statement and [
2580 the individual with the individual's petition signature match the birth date or age of an
2581 individual on the official register with a substantially similar name; and
2582 (ii) the signer's [
2583 [
2584 database of the individual described in Subsection (3)(c)(i); and
2585 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
2586 county clerk may not remove the signature from the initiative petition.
2587 Section 49. Section 20A-7-507 is amended to read:
2588 20A-7-507. Evaluation by the local clerk.
2589 (1) In relation to the manual initiative process, when a local clerk receives an initiative
2590 packet from a county clerk, the local clerk shall record the number of the initiative packet
2591 received.
2592 (2) The county clerk shall:
2593 (a) in relation to the manual initiative process:
2594 (i) post the names, voter identification numbers, and dates of signatures described in
2595 Subsection 20A-7-506(3)(c) on the lieutenant governor's website, in a conspicuous location
2596 designated by the lieutenant governor, for at least 90 days; and
2597 (ii) update on the local government's website the number of signatures certified as of
2598 the date of the update; or
2599 (b) in relation to the electronic initiative process:
2600 (i) post the names, voter identification numbers, and dates of signatures described in
2601 Subsection 20A-7-516(4) on the lieutenant governor's website, in a conspicuous location
2602 designated by the lieutenant governor, for at least 90 days; and
2603 (ii) update on the local government's website the number of signatures certified as of
2604 the date of the update.
2605 (3) The local clerk:
2606 (a) shall, except as provided in Subsection (3)(b), declare the initiative petition to be
2607 sufficient or insufficient:
2608 (i) in relation to the manual initiative process, no later than 21 days after the day of the
2609 applicable deadline described in Subsection 20A-7-506(2)(a); or
2610 (ii) in relation to the electronic initiative process, no later than 21 days after the day of
2611 the applicable deadline described in Subsection 20A-7-516(2); or
2612 (b) may declare the initiative petition to be insufficient before the day described in
2613 Subsection (3)(a) if:
2614 (i) in relation to the manual initiative process, the total of all valid signatures on timely
2615 and lawfully submitted [
2616 clerks, plus the number of signatures on timely and lawfully submitted [
2617 packets that have not yet been evaluated for certification, is less than the number of names
2618 required under Section 20A-7-501;
2619 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
2620 submitted valid signatures that have been certified by the county clerks, plus the number of
2621 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
2622 that have not yet been evaluated for certification, is less than the number of names required
2623 under Section 20A-7-501; or
2624 (iii) a requirement of this part has not been met.
2625 (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
2626 the number of names required by Section 20A-7-501 and the requirements of this part are met,
2627 the local clerk shall mark upon the front of the initiative petition the word "sufficient."
2628 (b) If the total number of names certified under Subsection (3) does not equal or
2629 exceed the number of names required by Section 20A-7-501 or a requirement of this part is not
2630 met, the local clerk shall mark upon the front of the initiative petition the word "insufficient."
2631 (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
2632 finding.
2633 (d) After [
2634 additional signatures to qualify the [
2635 (5) If the local clerk finds the total number of certified signatures [
2636
2637 demand with the local clerk for a recount of the signatures [
2638 initiative petition in the presence of any sponsor.
2639 (6) [
2640 section is qualified for the ballot.
2641 Section 50. Section 20A-7-508 is amended to read:
2642 20A-7-508. Short title and summary of initiative -- Duties of local clerk and local
2643 attorney.
2644 (1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the
2645 initiative petition and the proposed law to the local attorney.
2646 (2) The local attorney shall:
2647 (a) entitle each county or municipal initiative that has qualified for the ballot
2648 "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
2649 (b) prepare for [
2650 (i) an impartial short title, not exceeding 25 words, that generally describes the subject
2651 of the initiative; and
2652 (ii) an impartial summary of the contents of the [
2653 words;
2654 (c) file the proposed short title, summary, and the numbered initiative titles with the
2655 local clerk within 20 days after the day on which an eligible voter submits the initiative petition
2656 to the local clerk; and
2657 (d) promptly provide notice of the filing of the proposed short title and summary to:
2658 (i) the sponsors of the [
2659 (ii) the local legislative body for the jurisdiction where the initiative petition was
2660 circulated.
2661 (3) (a) The short title and summary may be distinct from the title of the proposed law[
2662
2663 (b) In preparing a short title, the local attorney shall, to the best of the local attorney's
2664 ability, give a true and impartial description of the subject of the initiative.
2665 (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
2666 ability, give a true and impartial summary of the contents of the [
2667 (d) The short title and summary may not intentionally be an argument, or likely to
2668 create prejudice, for or against the [
2669 (e) If the initiative proposes a tax increase, the local attorney shall include the
2670 following statement, in bold, in the summary:
2671 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
2672 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2673 increase in the current tax rate.".
2674 (4) (a) Within five calendar days after the date the local attorney files a proposed short
2675 title and summary under Subsection (2)(c), the local legislative body for the jurisdiction where
2676 the initiative petition was circulated and the sponsors of the [
2677 comments in response to the proposed short title and summary with the local clerk.
2678 (b) Within five calendar days after the last date to submit written comments under
2679 Subsection (4)(a), the local attorney shall:
2680 (i) review any written comments filed in accordance with Subsection (4)(a);
2681 (ii) prepare a final short title and summary that meets the requirements of Subsection
2682 (3); and
2683 (iii) return the initiative petition and file the short title and summary with the local
2684 clerk.
2685 (c) Subject to Subsection (6):
2686 (i) the short title, as determined by the local attorney, shall be printed on the official
2687 ballot; and
2688 (ii) for each ballot that includes an initiative or referendum, the election officer shall
2689 include with the ballot a separate ballot proposition insert that includes the short title and
2690 summary for each initiative and referendum on the ballot and a link to a location on the
2691 election officer's website where a voter may review additional information relating to each
2692 initiative or referendum, including:
2693 (A) for an initiative, the information described in Subsection 20A-7-502(2), the initial
2694 fiscal impact [
2695 the arguments relating to the initiative that are included in the local voter information
2696 pamphlet; or
2697 (B) for a referendum, the information described in Subsection 20A-7-602(2) and the
2698 arguments relating to the referendum that are included in the local voter information pamphlet.
2699 (d) For each ballot that includes an initiative or referendum, the ballot shall include the
2700 following statement at the beginning of the portion of the ballot that includes ballot measures,
2701 "The ballot proposition sheet included with this ballot contains an impartial summary of each
2702 initiative and referendum on this ballot."
2703 (5) Immediately after the local attorney files a copy of the short title and summary with
2704 the local clerk, the local clerk shall serve a copy of the short title and summary by mail upon
2705 the sponsors of the [
2706 the initiative petition was circulated.
2707 (6) (a) If the short title or summary furnished by the local attorney is unsatisfactory or
2708 does not comply with the requirements of this section, the decision of the local attorney may be
2709 appealed to the appropriate court by:
2710 (i) at least three sponsors of the initiative [
2711 (ii) a majority of the local legislative body for the jurisdiction where the initiative
2712 petition was circulated.
2713 (b) The court:
2714 (i) shall examine the short title and summary and consider arguments; and
2715 (ii) enter an order consistent with the requirements of this section.
2716 (c) The local clerk shall include the short title and summary in the ballot or ballot
2717 proposition insert, as required by this section.
2718 Section 51. Section 20A-7-510 is amended to read:
2719 20A-7-510. Return and canvass -- Conflicting measures -- Law effective on
2720 proclamation.
2721 (1) The votes on the law proposed by the initiative petition shall be counted,
2722 canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
2723 (2) After the local board of canvassers completes the canvass, the local clerk shall
2724 certify to the local legislative body the vote for and against the law proposed by the initiative
2725 petition.
2726 (3) (a) The local legislative body shall immediately issue a proclamation that:
2727 (i) gives the total number of votes cast in the local jurisdiction for and against each law
2728 proposed by an initiative petition; and
2729 (ii) declares those laws proposed by an initiative petition that [
2730 majority vote to be in full force and effect as the law of the local jurisdiction.
2731 (b) When the local legislative body determines that two proposed laws, or that parts of
2732 two proposed laws approved by the people at the same election are entirely in conflict, the local
2733 legislative body shall proclaim [
2734 greatest number of affirmative votes, regardless of the difference in the majorities which those
2735 [
2736 (c) (i) Within 10 days after the day on which the local legislative body issues the
2737 proclamation, any qualified voter who signed the initiative petition proposing the law that is
2738 declared by the local legislative body to be superseded by another [
2739 at the same election may bring an action in the appropriate court to review the decision.
2740 (ii) The court shall:
2741 (A) consider the matter and decide whether the proposed laws are entirely in conflict;
2742 and
2743 (B) issue an order, consistent with the court's decision, to the local legislative body.
2744 (4) Within 10 days after the day on which the court enters an order under Subsection
2745 (3)(c)(ii), the local legislative body shall:
2746 (a) proclaim as law all [
2747 determines are not in conflict; and
2748 (b) for the [
2749 determines to be in conflict, proclaim as law the [
2750 number of affirmative votes, regardless of the difference in majorities.
2751 Section 52. Section 20A-7-512 is amended to read:
2752 20A-7-512. Misconduct of electors and officers -- Penalty.
2753 (1) It is unlawful for any individual to:
2754 (a) sign any name other than the individual's own name to [
2755 a statement described in Subsection 20A-7-505(4) or 20A-7-515(4);
2756 (b) knowingly sign the individual's name more than once for the same initiative at one
2757 election;
2758 (c) knowingly indicate that an individual who signed an initiative petition signed the
2759 initiative petition on a date other than the date that the individual signed the initiative petition;
2760 [
2761 [
2762 (2) It is unlawful for [
2763 or to electronically sign the verification for a signature under Subsection 20A-21-201(9),
2764 knowing that:
2765 (a) the individual does not meet the residency requirements of Section 20A-2-105;
2766 (b) the signature date associated with the individual's signature for the initiative
2767 petition is not the date that the individual signed the initiative petition;
2768 [
2769 signatures the individual collects or submits; or
2770 [
2771 vote in Utah.
2772 (3) It is unlawful for an individual to:
2773 (a) pay an individual to sign an initiative petition;
2774 (b) pay an individual to remove the individual's signature from an initiative petition;
2775 (c) accept payment to sign an initiative petition; or
2776 (d) accept payment to have the individual's name removed from an initiative petition.
2777 [
2778 a class A misdemeanor.
2779 Section 53. Section 20A-7-513 is amended to read:
2780 20A-7-513. Fiscal review -- Repeal, amendment, or resubmission.
2781 (1) No later than 60 days after the date of an election in which the voters approve an
2782 initiative [
2783 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
2784 using current financial information and containing the information required by Subsection
2785 20A-7-502.5(2), except for the information required by Subsection 20A-7-502.5(2)(a)(vii); and
2786 (b) deliver a copy of the final fiscal impact statement to:
2787 (i) the local legislative body of the jurisdiction where the initiative was circulated;
2788 (ii) the local clerk; and
2789 (iii) the first three sponsors listed on the initiative application.
2790 (2) If the final fiscal impact statement exceeds the estimate in the initial fiscal impact
2791 [
2792 fiscal impact statement and may, by a majority vote:
2793 (a) repeal the law established by passage of the initiative;
2794 (b) amend the law established by the passage of the initiative; or
2795 (c) pass a resolution informing the voters that they may file an initiative petition to
2796 repeal the law enacted by [
2797 Section 54. Section 20A-7-514 is amended to read:
2798 20A-7-514. Electronic initiative process -- Form of initiative petition --
2799 Circulation requirements -- Signature collection.
2800 (1) This section applies only to the electronic initiative process.
2801 (2) (a) The first screen presented on the approved device shall include the following
2802 statement:
2803 "This INITIATIVE PETITION is addressed to the Honorable ____, County Clerk/City
2804 Recorder/Town Clerk:
2805 The citizens of Utah who sign this petition respectfully demand that the following
2806 proposed law be submitted to: the legislative body for its approval or rejection at its next
2807 meeting; and the legal voters of the county/city/town, if the legislative body rejects the
2808 proposed law or takes no action on it."
2809 (b) An individual may not advance to the second screen until the individual clicks a
2810 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2811 understand the information presented on this screen."
2812 (3) (a) The second screen presented on the approved device shall include the title of
2813 proposed law, described in Subsection 20A-7-502(2)(d)(i), followed by the entire text of the
2814 proposed law.
2815 (b) An individual may not advance to the third screen until the individual clicks a link
2816 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
2817 understand the entire text of the proposed law."
2818 (4) Subsequent screens shall be presented on the device in the following order, with the
2819 individual viewing the device being required, before advancing to the next screen, to click a
2820 link at the bottom of the screen with the following statement, "By clicking here, I attest that I
2821 have read and understand the information presented on this screen.":
2822 (a) (i) if the initiative [
2823 initiative [
2824 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2825 increase in the current tax rate."; or
2826 (ii) if the initiative [
2827 "This initiative [
2828 (b) the [
2829 impact and legal statement issued by the budget officer in accordance with Subsection
2830 20A-7-502.5(2)(b) and the cost estimate for printing and distributing information related to the
2831 initiative petition in accordance with Subsection 20A-7-502.5(3);
2832 (c) a statement indicating whether persons gathering signatures for the initiative
2833 petition may be paid for gathering signatures; and
2834 (d) the following statement, followed by links where the individual may click "yes" or
2835 "no":
2836 "I have personally reviewed the entirety of each statement presented on this device;
2837 I am personally signing this petition;
2838 I am registered to vote in Utah; and
2839 All information I enter on this device, including my residence and post office address, is
2840 accurate.
2841 It is a class A misdemeanor for an individual to sign an initiative petition with a name
2842 other than the individual's own name, or to knowingly sign the individual's name more than
2843 once for the same [
2844 individual knows that the individual is not a registered voter.
2845 WARNING
2846 Even if your voter registration record is classified as private, your name, voter
2847 identification number, and date of signature in relation to signing this initiative petition will be
2848 made public.
2849 Do you wish to continue and sign this initiative petition?"
2850 (5) (a) If the individual clicks "no" in response to the question described in Subsection
2851 (4)(d), the next screen shall include the following statement, "Thank you for your time. Please
2852 return this device to the signature-gatherer."
2853 (b) If the individual clicks "yes" in response to the question described in Subsection
2854 (4)(d), the website, or the application that accesses the website, shall take the signature-gatherer
2855 and the individual signing the petition through the signature process described in Section
2856 20A-21-201.
2857 Section 55. Section 20A-7-515 is amended to read:
2858 20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
2859 remove signature.
2860 (1) This section applies to the electronic initiative process.
2861 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
2862 resides in the local jurisdiction.
2863 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
2864 an individual:
2865 (a) verifies that the individual is at least 18 years old and meets the residency
2866 requirements of Section 20A-2-105; and
2867 (b) is informed that each signer is required to read and understand the law proposed by
2868 the initiative.
2869 (4) (a) A voter who has signed an initiative petition may have the voter's signature
2870 removed from the initiative petition by submitting to the county clerk a statement requesting
2871 that the voter's signature be removed before 5 p.m. no later than the earlier of:
2872 (i) 30 days after the day on which the voter signs the signature removal statement;
2873 (ii) 90 days after the day on which the local clerk posts the voter's name under
2874 Subsection 20A-7-516(4);
2875 (iii) 316 days after the day on which the initiative application is filed; or
2876 (iv) (A) for a county initiative, April 15 immediately before the next regular general
2877 election immediately after the initiative application is filed under Section 20A-7-502; or
2878 (B) for a municipal initiative, April 15 immediately before the next municipal general
2879 election immediately after the initiative application is filed under Section 20A-7-502.
2880 (b) The statement shall include:
2881 (i) the name of the voter;
2882 (ii) the resident address at which the voter is registered to vote;
2883 (iii) the signature of the voter; and
2884 (iv) the date of the signature described in Subsection (4)(b)(iii).
2885 (c) To increase the likelihood of the voter's signature being identified and removed, the
2886 statement may include the voter's birth date or age.
2887 (d) A voter may not submit a signature removal statement by email or other electronic
2888 means, unless the lieutenant governor establishes a signature removal process that is consistent
2889 with the requirements of this section and Section 20A-21-201.
2890 (e) A person may only remove an electronic signature from an initiative petition in
2891 accordance with this section.
2892 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
2893 electronic signature from an initiative petition, in accordance with Section 20A-7-506.3.
2894 Section 56. Section 20A-7-516 is amended to read:
2895 20A-7-516. Electronic initiative process -- Collecting signatures -- Email
2896 notification -- Removal of signatures.
2897 (1) This section applies only to the electronic initiative process.
2898 (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
2899 (a) 316 days after the day on which the initiative application is filed; or
2900 (b) (i) for a county initiative, April 15 immediately before the next regular general
2901 election immediately after the initiative application is filed under Section 20A-7-502; or
2902 (ii) for a municipal initiative, April 15 immediately before the next municipal general
2903 election immediately after the initiative application is filed under Section 20A-7-502.
2904 (3) The local clerk shall send to each individual who provides a valid email address
2905 during the signature-gathering process an email that includes the following:
2906 (a) the subject of the email shall include the following statement, "Notice Regarding
2907 Your Petition Signature"; and
2908 (b) the body of the email shall include the following statement in 12-point type:
2909 "You signed a petition for the following initiative:
2910 [insert title of initiative]
2911 To access a copy of the initiative petition, the text of the law proposed by the initiative,
2912 the initial fiscal impact and legal statement, and information on the deadline for removing your
2913 signature from the initiative petition, please visit the following link: [insert a uniform resource
2914 locator that takes the individual directly to the page on the lieutenant governor's website that
2915 includes the information referred to in the email]."
2916 (4) Except as provided in Subsection (5), the county clerk shall, within two business
2917 days after the day on which the signature of an individual who signs [
2918 certified under Section 20A-21-201, post the name, voter identification number, and date of
2919 signature of the individual on the lieutenant governor's website, in a conspicuous location
2920 designated by the lieutenant governor.
2921 (5) (a) If the local clerk timely receives a statement requesting signature removal under
2922 Subsection 20A-7-515(4), the local clerk shall:
2923 (i) ensure that the voter's name, voter identification number, and date of signature are
2924 not included in the posting described in Subsection (4); and
2925 (ii) remove the voter's signature from the initiative petition and the initiative petition
2926 signature totals.
2927 (b) The local clerk shall comply with Subsection (5)(a) before the later of:
2928 (i) the deadline described in Subsection (4); or
2929 (ii) two business days after the day on which the county clerk receives a statement
2930 requesting signature removal under Subsection 20A-7-515(4).
2931 Section 57. Section 20A-7-601 is amended to read:
2932 20A-7-601. Referenda -- General signature requirements -- Signature
2933 requirements for land use laws, subjurisdictional laws, and transit area land use laws --
2934 Time requirements.
2935 (1) As used in this section:
2936 (a) "Number of active voters" means the number of active voters in the county, city, or
2937 town on the immediately preceding January 1.
2938 (b) "Qualifying county" means a county that has created a small public transit district,
2939 as defined in Section 17B-2a-802, on or before January 1, 2022.
2940 (c) "Qualifying transit area" means:
2941 (i) a station area, as defined in Section 10-9a-403.1, for which the municipality with
2942 jurisdiction over the station area has satisfied the requirements of Subsection
2943 10-9a-403.1(2)(a), as demonstrated by the adoption of a station area plan or resolution under
2944 Subsection 10-9a-403.1(2); or
2945 (ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created
2946 within a qualifying county.
2947 (d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
2948 jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
2949 (e) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
2950 local legislative body that imposes a tax or other payment obligation on property in an area that
2951 does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
2952 or metro township.
2953 (ii) "Subjurisdictional law" does not include a land use law.
2954 (f) "Transit area land use law" means a land use law that relates to the use of land
2955 within a qualifying transit area.
2956 (g) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
2957 or (2)(b).
2958 (2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have
2959 a local law passed by the local legislative body submitted to a vote of the people shall, after
2960 filing a referendum application, obtain legal signatures equal to:
2961 (a) for a county of the first class:
2962 (i) 7.75% of the number of active voters in the county; and
2963 (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
2964 of the county's voter participation areas;
2965 (b) for a metro township with a population of 100,000 or more, or a city of the first
2966 class:
2967 (i) 7.5% of the number of active voters in the metro township or city; and
2968 (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
2969 of the metro township's or city's voter participation areas;
2970 (c) for a county of the second class:
2971 (i) 8% of the number of active voters in the county; and
2972 (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
2973 the county's voter participation areas;
2974 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
2975 a city of the second class:
2976 (i) 8.25% of the number of active voters in the metro township or city; and
2977 (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
2978 of the metro township's or city's voter participation areas;
2979 (e) for a county of the third class:
2980 (i) 9.5% of the number of active voters in the county; and
2981 (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
2982 of the county's voter participation areas;
2983 (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
2984 city of the third class:
2985 (i) 10% of the number of active voters in the metro township or city; and
2986 (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
2987 of the metro township's or city's voter participation areas;
2988 (g) for a county of the fourth class:
2989 (i) 11.5% of the number of active voters in the county; and
2990 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2991 of the county's voter participation areas;
2992 (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
2993 city of the fourth class:
2994 (i) 11.5% of the number of active voters in the metro township or city; and
2995 (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2996 of the metro township's or city's voter participation areas;
2997 (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
2998 of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
2999 township, city, or county; or
3000 (j) for a metro township with a population of less than 1,000, a town, or a county of the
3001 sixth class, 35% of the number of active voters in the metro township, town, or county.
3002 (3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land
3003 use law or local obligation law passed by the local legislative body submitted to a vote of the
3004 people shall, after filing a referendum application, obtain legal signatures equal to:
3005 (a) for a county of the first, second, third, or fourth class:
3006 (i) 16% of the number of active voters in the county; and
3007 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
3008 of the county's voter participation areas;
3009 (b) for a county of the fifth or sixth class:
3010 (i) 16% of the number of active voters in the county; and
3011 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
3012 of the county's voter participation areas;
3013 (c) for a metro township with a population of 100,000 or more, or a city of the first
3014 class:
3015 (i) 15% of the number of active voters in the metro township or city; and
3016 (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
3017 of the metro township's or city's voter participation areas;
3018 (d) for a metro township with a population of 65,000 or more but less than 100,000, or
3019 a city of the second class:
3020 (i) 16% of the number of active voters in the metro township or city; and
3021 (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
3022 of the metro township's or city's voter participation areas;
3023 (e) for a metro township with a population of 30,000 or more but less than 65,000, or a
3024 city of the third class:
3025 (i) 27.5% of the number of active voters in the metro township or city; and
3026 (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
3027 of the metro township's or city's voter participation areas;
3028 (f) for a metro township with a population of 10,000 or more but less than 30,000, or a
3029 city of the fourth class:
3030 (i) 29% of the number of active voters in the metro township or city; and
3031 (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
3032 of the metro township's or city's voter participation areas;
3033 (g) for a metro township with a population of 1,000 or more but less than 10,000, or a
3034 city of the fifth class, 35% of the number of active voters in the metro township or city; or
3035 (h) for a metro township with a population of less than 1,000 or a town, 40% of the
3036 number of active voters in the metro township or town.
3037 (4) A person seeking to have a subjurisdictional law passed by the local legislative
3038 body submitted to a vote of the people shall, after filing a referendum application, obtain legal
3039 signatures of the residents in the subjurisdiction equal to:
3040 (a) 10% of the number of active voters in the subjurisdiction if the number of active
3041 voters exceeds 25,000;
3042 (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
3043 active voters does not exceed 25,000 but is more than 10,000;
3044 (c) 15% of the number of active voters in the subjurisdiction if the number of active
3045 voters does not exceed 10,000 but is more than 2,500;
3046 (d) 20% of the number of active voters in the subjurisdiction if the number of active
3047 voters does not exceed 2,500 but is more than 500;
3048 (e) 25% of the number of active voters in the subjurisdiction if the number of active
3049 voters does not exceed 500 but is more than 250; and
3050 (f) 30% of the number of active voters in the subjurisdiction if the number of active
3051 voters does not exceed 250.
3052 (5) An eligible voter seeking to have a transit area land use law passed by the local
3053 legislative body submitted to a vote of the people shall, after filing a referendum application,
3054 obtain legal signatures equal to:
3055 (a) for a county:
3056 (i) 20% of the number of active voters in the county; and
3057 (ii) 21% of the number of active voters in at least 75% of the county's voter
3058 participation areas;
3059 (b) for a metro township with a population of 100,000 or more, or a city of the first
3060 class:
3061 (i) 20% of the number of active voters in the metro township or city; and
3062 (ii) 20% of the number of active voters in at least 75% of the metro township's or city's
3063 voter participation areas;
3064 (c) for a metro township with a population of 65,000 or more but less than 100,000, or
3065 a city of the second class:
3066 (i) 20% of the number of active voters in the metro township or city; and
3067 (ii) 21% of the number of active voters in at least 75% of the metro township's or city's
3068 voter participation areas;
3069 (d) for a metro township with a population of 30,000 or more but less than 65,000, or a
3070 city of the third class:
3071 (i) 34% of the number of active voters in the metro township or city; and
3072 (ii) 34% of the number of active voters in at least 75% of the metro township's or city's
3073 voter participation areas;
3074 (e) for a metro township with a population of 10,000 or more but less than 30,000, or a
3075 city of the fourth class:
3076 (i) 36% of the number of active voters in the metro township or city; and
3077 (ii) 36% of the number of active voters in at least 75% of the metro township's or city's
3078 voter participation areas; or
3079 (f) for a metro township with a population less than 10,000, a city of the fifth class, or a
3080 town, 40% of the number of active voters in the metro township, city, or town.
3081 (6) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), or
3082 (5), any local law passed by a local legislative body shall file the application before 5 p.m.
3083 within seven days after the day on which the local law was passed.
3084 (7) Nothing in this section authorizes a local legislative body to impose a tax or other
3085 payment obligation on a subjurisdiction in order to benefit an area outside of the
3086 subjurisdiction.
3087 Section 58. Section 20A-7-602 is amended to read:
3088 20A-7-602. Local referendum process -- Application procedures.
3089 (1) Individuals wishing to circulate a referendum petition shall file [
3090 application with the local clerk.
3091 (2) The referendum application shall [
3092 (a) the name and residence address of at least five sponsors of the referendum petition;
3093 (b) a statement indicating that each of the sponsors is registered to vote in Utah;
3094 (c) a statement indicating whether persons gathering signatures for the referendum
3095 petition may be paid for gathering signatures;
3096 (d) the signature of each of the sponsors, acknowledged by a notary public; and
3097 (e) (i) if the referendum challenges an ordinance or resolution, [
3098 copy of the ordinance or resolution; or
3099 (ii) if the referendum challenges a local law that is not an ordinance or resolution, a
3100 written description of the local law, including the result of the vote on the local law.
3101 Section 59. Section 20A-7-602.5 is amended to read:
3102 20A-7-602.5. Initial fiscal and legal impact statement -- Preparation of statement.
3103 (1) Within three business days after the day on which the local clerk receives [
3104 referendum application [
3105 referendum application to the county, city, or town's budget officer.
3106 (2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
3107 faith [
3108 referendum proposes to repeal that contains:
3109 (i) a dollar amount representing the total estimated fiscal impact of repealing the law;
3110 (ii) if repealing the law would increase or decrease taxes, a dollar amount representing
3111 the total estimated increase or decrease for each type of tax that would be impacted by the law's
3112 repeal and a dollar amount representing the total estimated increase or decrease in taxes that
3113 would result from the law's repeal;
3114 (iii) if repealing the law would result in the issuance or a change in the status of bonds,
3115 notes, or other debt instruments, a dollar amount representing the total estimated increase or
3116 decrease in public debt that would result;
3117 (iv) a listing of all sources of funding for the estimated costs that would be associated
3118 with the law's repeal, showing each source of funding and the percentage of total funding that
3119 would be provided from each source;
3120 (v) a dollar amount representing the estimated costs or savings, if any, to state and
3121 local government entities if the law were repealed;
3122 (vi) the legal impacts that would result from repealing the law, including:
3123 (A) any significant effects on a person's vested property rights;
3124 (B) any significant effects on other laws or ordinances;
3125 (C) any significant legal liability the city, county, or town may incur; and
3126 (D) any other significant legal impact as determined by the budget officer and the legal
3127 counsel; and
3128 (vii) a concise explanation, not exceeding 100 words, of the [
3129 described in this Subsection (2)(a) and of the estimated fiscal impact, if any, if the law were
3130 repealed.
3131 (b) (i) If repealing the law would have no fiscal impact, the local budget officer shall
3132 include a summary statement in the initial fiscal impact and legal statement in substantially the
3133 following form:
3134 "The (title of the local budget officer) estimates that repealing the law this referendum
3135 proposes to repeal would have no significant fiscal impact and would not result in either an
3136 increase or decrease in taxes or debt."
3137 (ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
3138 shall include a summary statement in the initial fiscal and legal impact statement describing the
3139 fiscal impact.
3140 (iii) If the estimated fiscal impact of repealing the law is highly variable or is otherwise
3141 difficult to reasonably express in a summary statement, the local budget officer may include in
3142 the summary statement a brief explanation that identifies those factors impacting the variability
3143 or difficulty of the estimate.
3144 (3) Within 20 calendar days after the day on which the local clerk submits a copy of the
3145 application under Subsection (1), the budget officer shall:
3146 (a) deliver a copy of the initial fiscal impact [
3147
3148 (b) [
3149
3150 application.
3151 Section 60. Section 20A-7-602.7 is amended to read:
3152 20A-7-602.7. Referability to voters of local law other than land use law.
3153 (1) Within 20 days after the day on which an eligible voter files [
3154 application [
3155 than a land use law, counsel for the county, city, town, or metro township to which the
3156 referendum pertains shall:
3157 (a) review the referendum application to determine whether the proposed referendum is
3158 legally referable to voters; and
3159 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
3160 (i) legally referable to voters; or
3161 (ii) rejected as not legally referable to voters.
3162 (2) For a local law other than a land use law, a proposed referendum is legally referable
3163 to voters unless:
3164 (a) the proposed referendum challenges an action that is administrative, rather than
3165 legislative, in nature;
3166 (b) the proposed referendum challenges more than one law passed by the local
3167 legislative body; or
3168 (c) the referendum application [
3169 does not comply with the requirements of this part.
3170 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
3171 or metro township may not, for a local law other than a land use law:
3172 (a) reject a proposed referendum as not legally referable to voters; or
3173 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
3174 proposed referendum on the grounds that the proposed referendum is not legally referable to
3175 voters.
3176 (4) (a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a
3177 proposed referendum concerning a local law other than a land use law, a sponsor of the
3178 proposed referendum may, within 10 days after the day on which a sponsor is notified under
3179 Subsection (1)(b), challenge or appeal the decision to:
3180 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
3181 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
3182 under Subsection (4)(a)(i).
3183 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
3184 (4)(a) terminates the referendum.
3185 (5) If, on a challenge or appeal, the court determines that the proposed referendum
3186 described in Subsection (4) is legally referable to voters, the local clerk shall comply with
3187 Subsection 20A-7-604(3), or give the sponsors access to the website defined in Section
3188 20A-21-101, within five days after the day on which the determination, and any challenge or
3189 appeal of the determination, is final.
3190 Section 61. Section 20A-7-602.8 is amended to read:
3191 20A-7-602.8. Referability to voters of local land use law.
3192 (1) Within 20 days after the day on which an eligible voter files [
3193 application [
3194 counsel for the county, city, town, or metro township to which the referendum pertains shall:
3195 (a) review the referendum application to determine whether the proposed referendum is
3196 legally referable to voters; and
3197 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
3198 (i) legally referable to voters; or
3199 (ii) rejected as not legally referable to voters.
3200 (2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
3201 legally referable to voters unless:
3202 (i) the proposed referendum challenges an action that is administrative, rather than
3203 legislative, in nature;
3204 (ii) the proposed referendum challenges a land use decision, rather than a land use
3205 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
3206 (iii) the proposed referendum challenges more than one law passed by the local
3207 legislative body; or
3208 (iv) the referendum application [
3209 does not comply with the requirements of this part.
3210 (b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
3211 legally referable to voters for a transit area land use law, as defined in Section 20A-7-601, if
3212 the transit area land use law was passed by a two-thirds vote of the local legislative body.
3213 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
3214 or metro township may not, for a land use law:
3215 (a) reject a proposed referendum as not legally referable to voters; or
3216 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
3217 proposed referendum on the grounds that the proposed referendum is not legally referable to
3218 voters.
3219 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
3220 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
3221 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
3222 to:
3223 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
3224 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
3225 under Subsection (4)(a)(i).
3226 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
3227 (4)(a) terminates the referendum.
3228 (5) If, on challenge or appeal, the court determines that the proposed referendum is
3229 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give
3230 the sponsors access to the website defined in Section 20A-21-101, within five days after the
3231 day on which the determination, and any challenge or appeal of the determination, is final.
3232 Section 62. Section 20A-7-603 is amended to read:
3233 20A-7-603. Manual referendum process -- Form of referendum petition and
3234 signature sheet.
3235 (1) This section applies only to the manual referendum process.
3236 (2) (a) Each proposed referendum petition shall be printed in substantially the
3237 following form:
3238 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
3239 Recorder/Town Clerk:
3240 We, the undersigned citizens of Utah, respectfully order that (description of local law or
3241 portion of local law being challenged), passed by the ____ be referred to the voters for their
3242 approval or rejection at the regular/municipal general election to be held on
3243 __________(month\day\year);
3244 Each signer says:
3245 I have personally signed this referendum petition;
3246 The date next to my signature correctly reflects the date that I actually signed the
3247 petition;
3248 I have personally reviewed the entire statement included with this packet;
3249 I am registered to vote in Utah; and
3250 My residence and post office address are written correctly after my name."
3251 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
3252 law that is the subject of the referendum to each referendum petition.
3253 (3) Each referendum signature sheet shall:
3254 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
3255 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
3256 that line blank for the purpose of binding;
3257 (c) include the title of the referendum printed below the horizontal line, in at least
3258 14-point type;
3259 (d) include a table immediately below the title of the referendum, and beginning .5 inch
3260 from the left side of the paper, as follows:
3261 (i) the first column shall be .5 inch wide and include three rows;
3262 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
3263 Office Use Only" in 10-point type;
3264 (iii) the second row of the first column shall be .35 inch tall;
3265 (iv) the third row of the first column shall be .5 inch tall;
3266 (v) the second column shall be 2.75 inches wide;
3267 (vi) the first row of the second column shall be .35 inch tall and contain the words
3268 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
3269 (vii) the second row of the second column shall be .5 inch tall;
3270 (viii) the third row of the second column shall be .35 inch tall and contain the words
3271 "Street Address, City, Zip Code" in 10-point type;
3272 (ix) the fourth row of the second column shall be .5 inch tall;
3273 (x) the third column shall be 2.75 inches wide;
3274 (xi) the first row of the third column shall be .35 inch tall and contain the words
3275 "Signature of Registered Voter" in 10-point type;
3276 (xii) the second row of the third column shall be .5 inch tall;
3277 (xiii) the third row of the third column shall be .35 inch tall and contain the words
3278 "Email Address (optional, to receive additional information)" in 10-point type;
3279 (xiv) the fourth row of the third column shall be .5 inch tall;
3280 (xv) the fourth column shall be one inch wide;
3281 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
3282 "Date Signed" in 10-point type;
3283 (xvii) the second row of the fourth column shall be .5 inch tall;
3284 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
3285 "Birth Date or Age (optional)" in 10-point type;
3286 (xix) the fourth row of the third column shall be .5 inch tall; and
3287 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
3288 and contain the following words, "By signing this referendum petition, you are stating that you
3289 have read and understand the law that this referendum petition seeks to overturn." in 12-point
3290 type;
3291 (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
3292 the bottom of the sheet or the information described in Subsection (3)(f); and
3293 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
3294 followed by the following statement in not less than eight-point type:
3295 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
3296 other than the individual's own name, or to knowingly sign the individual's name more than
3297 once for the same [
3298 individual knows that the individual is not a registered voter.
3299 Birth date or age information is not required, but it may be used to verify your identity
3300 with voter registration records. If you choose not to provide it, your signature may not be
3301 verified as a valid signature if you change your address before petition signatures are verified
3302 or if the information you provide does not match your voter registration records."
3303 (4) The final page of each referendum packet shall contain the following printed or
3304 typed statement:
3305 "Verification of signature collector
3306 State of Utah, County of ____
3307 I, _______________, of ____, hereby state, under penalty of perjury, that:
3308 I am a resident of Utah and am at least 18 years old;
3309 All the names that appear in this packet were signed by individuals who professed to be
3310 the individuals whose names appear in it, and each of the individuals signed the individual's
3311 name on it in my presence;
3312 I did not knowingly make a misrepresentation of fact concerning the law this petition
3313 seeks to overturn;
3314 I believe that each individual has printed and signed the individual's name and written
3315 the individual's post office address and residence correctly, that each signer has read and
3316 understands the law that the referendum seeks to overturn, and that each signer is registered to
3317 vote in Utah.
3318 ________________________________________________________________________
3319 (Name)
3320 Each individual who signed the packet wrote the correct date of signature next to the
3321 individual's name.
3322 I have not paid or given anything of value to any individual who signed this
3323 [
3324 _____________________________________________________________________
3325 (Name)
3326 (5) If the forms described in this section are substantially followed, the referendum
3327 petitions are sufficient, notwithstanding clerical and merely technical errors.
3328 (6) An individual's status as a resident, under Subsection (4), is determined in
3329 accordance with Section 20A-2-105.
3330 Section 63. Section 20A-7-604 is amended to read:
3331 20A-7-604. Manual referendum process -- Circulation requirements -- Local
3332 clerk to provide sponsors with materials.
3333 (1) This section applies only to the manual referendum process.
3334 (2) In order to obtain the necessary number of signatures required by this part, the
3335 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
3336 in Subsections (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the form
3337 requirements of this part.
3338 (3) Within five days after the day on which a county, city, town, metro township, or
3339 court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
3340 legally referable to voters, the local clerk shall [
3341 [
3342 (4) The sponsors of the referendum petition shall:
3343 (a) arrange and pay for the printing of all [
3344
3345 (b) ensure that the [
3346 the documents described in Subsection (4)(a) meet the form requirements of this section.
3347 (5) (a) The sponsors or an agent of the sponsors may prepare the referendum packets
3348 for circulation by creating multiple referendum packets.
3349 (b) The sponsors or an agent of the sponsors shall create referendum packets by
3350 binding a copy of the referendum petition with the text of the law that is the subject of the
3351 referendum and no more than 50 signature sheets together at the top in a manner that the
3352 referendum packets may be conveniently opened for signing.
3353 (c) A referendum packet is not required to have a uniform number of signature sheets.
3354 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
3355 the proposition information pamphlet provided to the sponsors under Subsection
3356 20A-7-401.5(4)(b).
3357 (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
3358 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
3359 number [
3360 (ii) sign an agreement with the local clerk, specifying the range of numbers that the
3361 sponsor will use to number the referendum packets; and
3362 [
3363 numbers provided by the county clerk, starting with the lowest number in the range.
3364 (b) The sponsors or an agent of the sponsors may not:
3365 (i) number a [
3366 clerk; or
3367 (ii) circulate or submit a [
3368 manner directed by the county clerk.
3369 [
3370
3371 Section 64. Section 20A-7-604.5 is amended to read:
3372 20A-7-604.5. Posting referendum information.
3373 (1) On the day on which the local clerk complies with Subsection 20A-7-604(3), or
3374 gives the sponsors access to the website defined in Section 20A-21-101, the local clerk shall
3375 post the following information together in a conspicuous place on the local clerk's website:
3376 (a) the referendum petition;
3377 (b) a copy of the law that is the subject of the referendum petition; and
3378 (c) information describing how an individual may remove the individual's signature
3379 from the referendum petition.
3380 (2) The local clerk shall:
3381 (a) promptly update the information described in Subsection (1) if the information
3382 changes; and
3383 (b) maintain the information described in Subsection (1) on the local clerk's website
3384 until the referendum fails to qualify for the ballot or is passed or defeated at an election.
3385 Section 65. Section 20A-7-605 is amended to read:
3386 20A-7-605. Manual referendum process -- Obtaining signatures -- Verification --
3387 Removal of signature.
3388 (1) This section applies only to the manual referendum process.
3389 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
3390 resides in the local jurisdiction.
3391 (3) (a) The sponsors shall ensure that the individual in whose presence each [
3392
3393 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
3394 (ii) verifies each [
3395 printed on the last page of each referendum packet; and
3396 (iii) is informed that each signer is required to read and understand the law that the
3397 referendum seeks to overturn.
3398 (b) An individual may not sign the verification printed on the last page of the
3399 referendum packet if the individual signed a signature sheet in the referendum packet.
3400 (4) (a) A voter who has signed a referendum petition may have the voter's signature
3401 removed from the referendum petition by submitting to the county clerk a statement requesting
3402 that the voter's signature be removed no later than the earlier of:
3403 (i) 30 days after the day on which the voter signs the statement requesting removal; or
3404 (ii) 45 days after the day on which the local clerk posts the voter's name under
3405 Subsection 20A-7-607(2)(a).
3406 (b) (i) The statement shall include:
3407 (A) the name of the voter;
3408 (B) the resident address at which the voter is registered to vote;
3409 (C) the signature of the voter; and
3410 (D) the date of the signature described in Subsection (4)(b)(i)(C).
3411 (ii) To increase the likelihood of the voter's signature being identified and removed, the
3412 statement may include the voter's birth date or age.
3413 (c) A voter may not submit a statement by email or other electronic means.
3414 (d) In order for the signature to be removed, the county clerk must receive the
3415 statement before 5 p.m. no later than 45 days after the day on which the local clerk posts the
3416 voter's name under Subsection 20A-7-607(2)(a).
3417 (e) A person may only remove a signature from a referendum petition in accordance
3418 with this Subsection (4).
3419 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
3420 a referendum petition, in accordance with Section 20A-7-606.3.
3421 Section 66. Section 20A-7-606 is amended to read:
3422 20A-7-606. Manual referendum process -- Submitting the referendum petition --
3423 Certification of signatures by the county clerks -- Transfer to local clerk.
3424 (1) This section applies only to the manual referendum process.
3425 (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
3426 referendum packet to the county clerk of the county in which the referendum packet was
3427 circulated before 5 p.m. no later than the earlier of:
3428 (i) 30 days after the day on which the first individual signs the referendum packet; or
3429 (ii) 45 days after the day on which the sponsors receive the items described in
3430 Subsection 20A-7-604(3) or from the local clerk.
3431 (b) A person may not submit a referendum packet after the deadline described in
3432 Subsection (2)(a).
3433 (3) No later than 21 days after the day on which a county clerk receives a verified
3434 referendum packet under Subsection (2)(a), the county clerk shall:
3435 (a) determine whether each signer is a registered voter according to the requirements of
3436 Section 20A-7-606.3;
3437 (b) certify on the [
3438 voter;
3439 (c) provide the name, voter identification number, and date of signature of each
3440 registered voter certified under Subsection (3)(b); and
3441 (d) deliver the verified referendum packet to the local clerk.
3442 (4) (a) If the county clerk timely receives a statement requesting signature removal
3443 under Subsection 20A-7-605(4), the county clerk shall:
3444 (i) ensure that the voter's name, voter identification number, and date of signature are
3445 not included in the posting described in Subsection 20A-7-607(2)(a); and
3446 (ii) remove the voter's signature from the [
3447 referendum petition and the signature totals.
3448 (b) The county clerk shall comply with Subsection (4)(a) before the later of:
3449 (i) the deadline described in Subsection (3); or
3450 (ii) two business days after the day on which the county clerk receives a statement
3451 requesting signature removal under Subsection 20A-7-605(4).
3452 (c) The local clerk shall post a link in a conspicuous location on the local government's
3453 website to the posting described in Subsection 20A-7-607(2)(a) during the period of time
3454 described in Subsection 20A-7-607(2)(a)(i).
3455 (5) The county clerk may not certify a signature under Subsection (3):
3456 (a) on a referendum packet that is not verified in accordance with Section 20A-7-605;
3457 or
3458 (b) that does not have a date of signature next to the signature.
3459 (6) A person may not retrieve a referendum packet from a county clerk, or make any
3460 alterations or corrections to a referendum packet, after the referendum packet is submitted to
3461 the county clerk.
3462 Section 67. Section 20A-7-606.3 is amended to read:
3463 20A-7-606.3. Verification of petition signatures.
3464 (1) As used in this section:
3465 (a) "Substantially similar name" means:
3466 (i) the given name [
3467 individual with the individual's petition signature contain only minor spelling differences when
3468 compared to the given name and surname shown on the official register;
3469 (ii) the surname [
3470 individual's petition signature exactly matches the surname shown on the official register, and
3471 the given names differ only because one of the given names shown is a commonly used
3472 abbreviation or variation of the other;
3473 (iii) the surname [
3474 individual's petition signature exactly matches the surname shown on the official register, and
3475 the given names differ only because one of the given names shown is accompanied by a first or
3476 middle initial or a middle name which is not shown on the other record; or
3477 (iv) the surname [
3478 individual's petition signature exactly matches the surname shown on the official register, and
3479 the given names differ only because one of the given names shown is an alphabetically
3480 corresponding initial that has been provided in the place of a given name shown on the other
3481 record.
3482 (b) "Substantially similar name" does not mean a name having an initial or a middle
3483 name [
3484 that does not match a different initial or middle name shown on the official register.
3485 (2) In relation to an individual who signs a referendum petition with a holographic
3486 signature, the county clerk shall use the following procedures in determining whether a signer
3487 is a registered voter:
3488 (a) [
3489 individual with the individual's petition signature exactly match a name and address shown on
3490 the official register and the signer's signature appears substantially similar to the signature on
3491 the statewide voter registration database, the county clerk shall declare the signature valid[
3492 (b) [
3493 declare the signature valid if:
3494 (i) the address [
3495 signature matches the address of an individual on the official register with a substantially
3496 similar name; and
3497 (ii) the signer's signature appears substantially similar to the signature on the statewide
3498 voter registration database of the individual described in Subsection (2)(b)(i)[
3499 (c) [
3500 county clerk shall declare the signature valid if:
3501 (i) the birth date or age [
3502 individual's petition signature matches the birth date or age of an individual on the official
3503 register with a substantially similar name; and
3504 (ii) the signer's signature appears substantially similar to the signature on the statewide
3505 voter registration database of the individual described in Subsection (2)(c)(i)[
3506 (d) [
3507 county clerk shall declare the signature to be invalid.
3508 (3) In relation to an individual who, with a holographic signature, signs a statement to
3509 remove the individual's signature from a referendum petition, the county clerk shall use the
3510 following procedures in determining whether to remove a signature from a referendum petition
3511 after receiving a timely, valid statement requesting removal of the signature:
3512 (a) if a signer's name and address shown on the statement and the referendum petition
3513 exactly match a name and address shown on the official register and the signer's [
3514 signatures on both the statement and the referendum petition [
3515 similar to the signature on the statewide voter registration database, the county clerk shall
3516 remove the signature from the referendum petition;
3517 (b) if there is no exact match of an address and a name, the county clerk shall remove
3518 the signature from the referendum petition if:
3519 (i) the address on the statement and the [
3520 individual with the individual's petition signature match the address of an individual on the
3521 official register with a substantially similar name; and
3522 (ii) the signer's [
3523 [
3524 database of the individual described in Subsection (3)(b)(i);
3525 (c) if there is no match of an address and a substantially similar name, the county clerk
3526 shall remove the signature from the referendum petition if:
3527 (i) the birth date or age on the statement and [
3528 the individual with the individual's petition signature match the birth date or age of an
3529 individual on the official register with a substantially similar name; and
3530 (ii) the signer's [
3531 [
3532 database of the individual described in Subsection (3)(c)(i); and
3533 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
3534 county clerk may not remove the signature from the petition.
3535 Section 68. Section 20A-7-607 is amended to read:
3536 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
3537 referendum.
3538 (1) In relation to the manual referendum process, when the local clerk receives a
3539 referendum packet from a county clerk, the local clerk shall record the number of the
3540 referendum packet received.
3541 (2) The county clerk shall:
3542 (a) in relation to the manual referendum process:
3543 (i) post the names, voter identification numbers, and dates of signatures described in
3544 Subsection 20A-7-606(3)(c) on the lieutenant governor's website, in a conspicuous location
3545 designated by the lieutenant governor, for at least 45 days; and
3546 (ii) update on the local clerk's website the number of signatures certified as of the date
3547 of the update; or
3548 (b) in relation to the electronic referendum process:
3549 (i) post the names, voter identification numbers, and dates of signatures described in
3550 Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous location
3551 designated by the lieutenant governor, for at least 45 days; and
3552 (ii) update on the lieutenant governor's website the number of signatures certified as of
3553 the date of the update.
3554 (3) The local clerk:
3555 (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
3556 sufficient or insufficient:
3557 (i) in relation to the manual referendum process, no later than 111 days after the day of
3558 the deadline, described in Subsection 20A-7-606(2), to submit a referendum packet to the
3559 county clerk; or
3560 (ii) in relation to the electronic referendum process, no later than 111 days after the day
3561 of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
3562 (b) may declare the referendum petition to be insufficient before the day described in
3563 Subsection (3)(a) if:
3564 (i) in relation to the manual referendum process, the total of all valid signatures on
3565 timely and lawfully submitted [
3566 county clerk, plus the number of signatures on timely and lawfully submitted [
3567 referendum packets that have not yet been evaluated for certification, is less than the number of
3568 names required under Section 20A-7-601;
3569 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
3570 submitted valid signatures that have been certified by the county clerks, plus the number of
3571 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
3572 that have not yet been evaluated for certification, is less than the number of names required
3573 under Section 20A-7-601; or
3574 (iii) a requirement of this part has not been met.
3575 (4) (a) If the total number of names certified under Subsection (2) equals or exceeds
3576 the number of names required under Section 20A-7-601, and the requirements of this part are
3577 met, the local clerk shall mark upon the front of the referendum petition the word
3578 "sufficient."[
3579 (b) If the total number of names certified under Subsection (3) does not equal or
3580 exceed the number of names required under Section 20A-7-601 or a requirement of this part is
3581 not met, the local clerk shall mark upon the front of the referendum petition the word
3582 "insufficient."
3583 (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
3584 finding.
3585 (d) After a referendum petition is declared insufficient, a person may not submit
3586 additional signatures to qualify the [
3587 (5) (a) If the local clerk refuses to [
3588 sufficient, any voter may, no later than 10 days after the day on which the local clerk declares
3589 the referendum petition insufficient, apply to [
3590
3591 petition legally sufficient.
3592 (b) If the court determines that the referendum petition is legally sufficient, the local
3593 clerk shall [
3594 the referendum petition "sufficient" and consider the declaration of sufficiency effective as of
3595 the date on which the referendum petition [
3596 been declared sufficient by the local clerk's office.
3597 (c) If the court determines that [
3598 sufficient, the court may enjoin the local clerk and all other officers from:
3599 (i) certifying or printing the ballot title and numbers of that [
3600 the official ballot for the next election; or
3601 (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
3602 or mailing the ballot title and numbers of that [
3603 20A-7-609.5.
3604 (6) A referendum petition determined to be sufficient in accordance with this section is
3605 qualified for the ballot.
3606 (7) (a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
3607 legislative action taken after April 15, the election officer may not place the referendum on an
3608 election ballot until a primary election, a general election, or a special election the following
3609 year.
3610 (b) The election officer may place a referendum described in Subsection (7)(a) on the
3611 ballot for a special, primary, or general election held during the year that the legislative action
3612 was taken if the following agree, in writing, on a timeline to place the referendum on that
3613 ballot:
3614 (i) the local clerk;
3615 (ii) the county clerk; and
3616 (iii) the attorney for the county or municipality that took the legislative action.
3617 (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
3618 determines that the total number of certified names equals or exceeds the number of signatures
3619 required in Section 20A-7-601, the election officer shall place the referendum on the election
3620 ballot for:
3621 (i) the next general election; or
3622 (ii) another election, if the following agree, in writing, on a timeline to place the
3623 referendum on that ballot:
3624 (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
3625 (B) the local clerk;
3626 (C) the county clerk; and
3627 (D) the attorney for the county or municipality that took the legislative action.
3628 Section 69. Section 20A-7-608 is amended to read:
3629 20A-7-608. Short title and summary of referendum -- Duties of local clerk and
3630 local attorney.
3631 (1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
3632 referendum petition and the [
3633 attorney.
3634 (2) The local attorney shall:
3635 (a) entitle each county or municipal referendum that qualifies for the ballot
3636 "Proposition Number __" and give the referendum a number assigned in accordance with
3637 Section 20A-6-107;
3638 (b) prepare for the referendum:
3639 (i) an impartial short title, not exceeding 25 words, that generally describes the subject
3640 of the [
3641 (ii) an impartial summary of the contents of the [
3642 relates, not exceeding 125 words;
3643 (c) file the proposed short title, summary, and the numbered referendum title with the
3644 local clerk within 20 days after the day on which an eligible voter submits the referendum
3645 petition to the local clerk; and
3646 (d) promptly provide notice of the filing of the proposed short title and summary to:
3647 (i) the sponsors of the petition; and
3648 (ii) the local legislative body for the jurisdiction where the referendum petition was
3649 circulated.
3650 (3) (a) The short title and summary may be distinct from the title of the law that is the
3651 subject of the referendum petition.
3652 (b) In preparing a short title, the local attorney shall, to the best of the local attorney's
3653 ability, give a true and impartial description of the subject of the [
3654 (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
3655 ability, give a true and impartial summary of the contents of the [
3656 (d) The short title and summary may not intentionally be an argument, or likely to
3657 create prejudice, for or against the [
3658 (4) (a) Within five calendar days after the day on which the local attorney files a
3659 proposed short title and summary under Subsection (2)(c), the local legislative body for the
3660 jurisdiction where the referendum petition was circulated and the sponsors of the referendum
3661 petition may file written comments in response to the proposed short title and summary with
3662 the local clerk.
3663 (b) Within five calendar days after the last date to submit written comments under
3664 Subsection (4)(a), the local attorney shall:
3665 (i) review any written comments filed in accordance with Subsection (4)(a);
3666 (ii) prepare a final short title and summary that meets the requirements of Subsection
3667 (3); and
3668 (iii) return the referendum petition and file the short title and summary with the local
3669 clerk.
3670 (c) Subject to Subsection (6):
3671 (i) the short title, as determined by the local attorney, shall be printed on the official
3672 ballot; and
3673 (ii) for each ballot that includes an initiative or referendum, the election officer shall
3674 include with the ballot a separate ballot proposition insert that includes the short title and
3675 summary for each initiative and referendum on the ballot and a link to a location on the
3676 election officer's website where a voter may review additional information relating to each
3677 initiative or referendum, including:
3678 (A) for an initiative, the information described in Subsection 20A-7-502(2), the initial
3679 fiscal impact [
3680 the arguments relating to the initiative that are included in the local voter information
3681 pamphlet; or
3682 (B) for a referendum, the information described in Subsection 20A-7-602(2) and the
3683 arguments relating to the referendum that are included in the local voter information pamphlet.
3684 (d) For each ballot that includes an initiative or referendum, the ballot shall include the
3685 following statement at the beginning of the portion of the ballot that includes ballot measures,
3686 "The ballot proposition sheet included with this ballot contains an impartial summary of each
3687 initiative and referendum on this ballot."
3688 (5) Immediately after the local attorney files a copy of the short title and summary with
3689 the local clerk, the local clerk shall serve a copy of the short title and summary by mail upon
3690 the sponsors of the referendum petition and the local legislative body for the jurisdiction where
3691 the referendum petition was circulated.
3692 (6) (a) If the short title or summary [
3693 unsatisfactory or does not comply with the requirements of this section, the decision of the
3694 local attorney may be appealed to the appropriate court by:
3695 (i) at least three sponsors of the referendum petition; or
3696 (ii) a majority of the local legislative body for the jurisdiction where the referendum
3697 petition was circulated.
3698 (b) The court:
3699 (i) shall examine the short title and summary and consider the arguments; and
3700 (ii) enter an order consistent with the requirements of this section.
3701 (c) The local clerk shall include the short title and summary in the ballot or ballot
3702 proposition insert, as required by this section.
3703 Section 70. Section 20A-7-609 is amended to read:
3704 20A-7-609. Form of ballot -- Manner of voting.
3705 (1) The local clerk shall ensure that the number and ballot title are presented upon the
3706 official ballot with, immediately adjacent to them, the words "For" and "Against," each word
3707 presented with an adjacent square in which the elector may indicate the elector's vote.
3708 (2) (a) Except as provided in Subsection (2)(c)(i) or Section 20A-7-609.5, and unless
3709 the county legislative body calls a special election, the county clerk shall ensure that county
3710 referenda that have qualified for the ballot appear on the next regular general election ballot.
3711 (b) Except as provided in Subsection (2)(c)(ii) or Section 20A-7-609.5, and unless the
3712 municipal legislative body calls a special election, the municipal recorder or clerk shall ensure
3713 that municipal referenda that have qualified for the ballot appear on the next regular municipal
3714 election ballot.
3715 (c) (i) Except as provided in Section 20A-7-609.5, if a local law passes after January
3716 30 of the year in which there is a regular general election, the county clerk shall ensure that a
3717 county referendum that has qualified for the ballot appears on the ballot at the second regular
3718 general election immediately following the passage of the local law unless the county
3719 legislative body calls a special election.
3720 (ii) Except as provided in Section 20A-7-609.5, if a local law passes after January 30
3721 of the year in which there is a municipal general election, the municipal recorder or clerk shall
3722 ensure that a municipal referendum that has qualified for the ballot appears on the ballot at the
3723 second municipal general election immediately following the passage of the local law unless
3724 the municipal legislative body calls a special election.
3725 (3) (a) (i) A voter desiring to vote in favor of the law that is the subject of the
3726 referendum shall mark the square adjacent to the word "For."
3727 (ii) The law that is the subject of the referendum is effective if a majority of voters
3728 mark "For."
3729 (b) (i) A voter desiring to vote against the law that is the subject of the referendum
3730 [
3731 (ii) The law that is the subject of the referendum is not effective if a majority of voters
3732 mark "Against."
3733 Section 71. Section 20A-7-610 is amended to read:
3734 20A-7-610. Return and canvass -- Conflicting measures -- Law effective on
3735 proclamation.
3736 (1) The votes on the [
3737 be counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing
3738 Returns.
3739 (2) After the local board of canvassers completes the canvass, the local clerk shall
3740 certify to the local legislative body the vote for and against the [
3741 subject of the referendum petition.
3742 (3) (a) The local legislative body shall immediately issue a proclamation that:
3743 (i) gives the total number of votes cast in the local jurisdiction for and against each
3744 [
3745 (ii) in accordance with Section 20A-7-611, declares those laws that are the subject of a
3746 referendum petition that [
3747 the law of the local jurisdiction.
3748 (b) When the local legislative body determines that two [
3749 of two [
3750 local legislative body shall proclaim [
3751 number of affirmative votes, regardless of the difference in the majorities which those
3752 [
3753 (4) (a) Within 10 days after the day on which the local legislative body issues the
3754 proclamation described in Subsection (3), any qualified voter residing in the jurisdiction for a
3755 law that is declared by the local legislative body to be superseded by another [
3756 approved at the same election may bring an action in the appropriate court to review the
3757 decision.
3758 (b) The court shall:
3759 (i) consider the matter and decide whether the [
3760 conflict; and
3761 (ii) issue an order, consistent with the court's decision, to the local legislative body.
3762 (5) Within 10 days after the day on which the court enters an order under Subsection
3763 (4)(b)(ii), the local legislative body shall:
3764 (a) proclaim as law all [
3765 determines are not in conflict; and
3766 (b) [
3767 determines to be in conflict, proclaim as law the [
3768 greatest number of affirmative votes, regardless of the difference in majorities.
3769 Section 72. Section 20A-7-611 is amended to read:
3770 20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative
3771 body.
3772 (1) Any [
3773 by the voters at any election is repealed as of the date of the election.
3774 (2) If, at the time during the process described in Subsection 20A-7-607(2), the local
3775 clerk determines that, at that point in time, an adequate number of signatures are certified to
3776 comply with the signature requirements, the local clerk shall:
3777 (a) issue an order temporarily staying the law from going into effect; and
3778 (b) continue the process of certifying signatures and removing signatures as required by
3779 this part.
3780 (3) The temporary stay described in Subsection (2) remains in effect, regardless of
3781 whether a future count falls below the signature threshold, until the day on which:
3782 (a) if the local clerk declares the referendum petition insufficient, five days after the
3783 day on which the local clerk declares the referendum petition insufficient; or
3784 (b) if the local clerk declares the referendum petition sufficient, the day on which the
3785 local legislative body issues the proclamation described in Section 20A-7-610.
3786 (4) A [
3787 by the voters at an election takes effect the later of:
3788 (a) five days after the date of the official proclamation of the vote by the local
3789 legislative body; or
3790 (b) the effective date specified in the [
3791 (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the
3792 local clerk declares the referendum petition insufficient, the [
3793 of the referendum petition takes effect the later of:
3794 (a) five days after the day on which the local clerk declares the petition insufficient; or
3795 (b) the effective date specified in the proposed law.
3796 (6) (a) A law [
3797 (b) The local legislative body may amend any laws approved by the people under this
3798 part after the people approve the law.
3799 (7) If the local legislative body repeals a law challenged by referendum petition under
3800 this part, the referendum petition is void and no further action on the referendum petition is
3801 required.
3802 Section 73. Section 20A-7-612 is amended to read:
3803 20A-7-612. Misconduct of electors and officers -- Penalty.
3804 (1) It is unlawful for an individual to:
3805 (a) sign [
3806 (b) knowingly sign the individual's name more than once for the same referendum at
3807 one election;
3808 (c) knowingly indicate that an individual who signed a referendum petition signed the
3809 referendum petition on a date other than the date that the individual signed the referendum
3810 petition;
3811 [
3812 [
3813 is an official government document if the individual knows or has reason to know that the
3814 document is not an official government document; or
3815 [
3816 (2) It is unlawful for an individual to sign the verification for a referendum packet, or
3817 to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
3818 that:
3819 (a) the individual does not meet the residency requirements of Section 20A-2-105;
3820 (b) the signature date associated with the individual's signature for the referendum
3821 petition is not the date that the individual signed the referendum petition;
3822 [
3823 submits; or
3824 [
3825 not registered to vote in Utah.
3826 (3) It is unlawful for an individual to:
3827 (a) pay an individual to sign a referendum petition;
3828 (b) pay an individual to remove the individual's signature from a referendum petition;
3829 (c) accept payment to sign a referendum petition; or
3830 (d) accept payment to have the individual's name removed from a referendum petition.
3831 [
3832 (4) A violation of this section is a class A misdemeanor.
3833 [
3834 section.
3835 Section 74. Section 20A-7-614 is amended to read:
3836 20A-7-614. Electronic referendum process -- Form of referendum petition --
3837 Circulation requirements -- Signature collection.
3838 (1) This section applies only to the electronic referendum process.
3839 (2) (a) The first screen presented on the approved device shall include the following
3840 statement:
3841 "This REFERENDUM PETITION is addressed to the Honorable ____, County
3842 Clerk/City Recorder/Town Clerk:
3843 The citizens of Utah who sign this petition respectfully order that (description of local
3844 law or portion of local law being challenged), passed by the ____ be referred to the voters for
3845 their approval or rejection at the regular/municipal general election to be held on
3846 __________(month\day\year)."
3847 (b) An individual may not advance to the second screen until the individual clicks a
3848 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
3849 understand the information presented on this screen."
3850 (3) (a) The second screen presented on the approved device shall include the entire text
3851 of the law that is the subject of the referendum petition.
3852 (b) An individual may not advance to the third screen until the individual clicks a link
3853 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
3854 understand the entire text of the law that is the subject of the referendum petition."
3855 (4) (a) The third screen presented on the approved device shall include a statement
3856 indicating whether persons gathering signatures for the referendum petition may be paid for
3857 gathering signatures.
3858 (b) An individual may not advance to the fourth screen until the individual clicks a link
3859 at the bottom of the third screen stating, "By clicking here, I attest that I have read and
3860 understand the information presented on this screen."
3861 (5) The fourth screen presented on the approved device shall include the following
3862 statement, followed by links where the individual may click "yes" or "no":
3863 "I have personally reviewed the entirety of each statement presented on this device;
3864 I am personally signing this referendum petition;
3865 I am registered to vote in Utah; and
3866 All information I enter on this device, including my residence and post office address, is
3867 accurate.
3868 It is a class A misdemeanor for an individual to sign a referendum petition with a name
3869 other than the individual's own name, or to knowingly sign the individual's name more than
3870 once for the same [
3871 individual knows that the individual is not a registered voter.
3872 Do you wish to continue and sign this referendum petition?"
3873 (6) (a) If the individual clicks "no" in response to the question described in Subsection
3874 (5), the next screen shall include the following statement, "Thank you for your time. Please
3875 return this device to the signature-gatherer."
3876 (b) If the individual clicks "yes" in response to the question described in Subsection
3877 (5), the website, or the application that accesses the website, shall take the signature-gatherer
3878 and the individual signing the referendum petition through the signature process described in
3879 Section 20A-21-201.
3880 Section 75. Section 20A-7-615 is amended to read:
3881 20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
3882 remove signature.
3883 (1) This section applies to the electronic referendum process described in Section
3884 20A-21-201.
3885 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
3886 resides in the local jurisdiction.
3887 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
3888 an individual:
3889 (a) verifies that the individual is at least 18 years old and meets the residency
3890 requirements of Section 20A-2-105; and
3891 (b) is informed that each signer is required to read and understand the law that is the
3892 subject of the referendum petition.
3893 (4) (a) A voter who has signed a referendum petition may have the voter's signature
3894 removed from the referendum petition by submitting to the county clerk a statement requesting
3895 that the voter's signature be removed before 5 p.m. no later than the earlier of:
3896 (i) 30 days after the day on which the voter signs the statement requesting removal; or
3897 (ii) 45 days after the day on which the local clerk posts the voter's name under
3898 Subsection 20A-7-616(3).
3899 (b) The statement shall include:
3900 (i) the name of the voter;
3901 (ii) the resident address at which the voter is registered to vote;
3902 (iii) the signature of the voter; and
3903 (iv) the date of the signature described in Subsection (4)(b)(iii).
3904 (c) To increase the likelihood of the voter's signature being identified and removed, the
3905 statement may include the voter's birth date or age.
3906 (d) A voter may not submit a signature removal statement by email or other electronic
3907 means, unless the lieutenant governor establishes a signature removal process that is consistent
3908 with the requirements of this section and Section 20A-21-201.
3909 (e) A person may only remove an electronic signature from [
3910 petition in accordance with this section.
3911 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
3912 electronic signature from a referendum petition, in accordance with Section 20A-7-606.3.
3913 Section 76. Section 20A-7-616 is amended to read:
3914 20A-7-616. Electronic referendum process -- Collecting signatures -- Removal of
3915 signatures.
3916 (1) This section applies only to the electronic referendum process.
3917 (2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day
3918 on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8,
3919 that the referendum is legally referable to voters.
3920 (3) The local clerk shall send to each individual who provides a valid email address
3921 during the signature-gathering process an email that includes the following:
3922 (a) the subject of the email shall include the following statement, "Notice Regarding
3923 Your Petition Signature"; and
3924 (b) the body of the email shall include the following statement in 12-point type:
3925 "You signed a petition for the following referendum:
3926 [insert title of [
3927 To access a copy of the referendum petition, the law that is the subject of the
3928 referendum petition, and information on the deadline for removing your signature from the
3929 referendum petition, please visit the following link: [insert a uniform resource locator that takes
3930 the individual directly to the page on the lieutenant governor's website that includes the
3931 information referred to in the email]."
3932 (4) Except as provided in Subsection (5), the county clerk shall, within two business
3933 days after the day on which the signature of an individual who signs a referendum petition is
3934 certified under Section 20A-21-201, post the name, voter identification number, and date of
3935 signature of the individual on the lieutenant governor's website, in a conspicuous location
3936 designated by the lieutenant governor, for at least 45 days.
3937 (5) (a) If the local clerk timely receives a statement requesting signature removal under
3938 Subsection 20A-7-615(4), the local clerk shall:
3939 (i) ensure that the voter's name, voter identification number, and date of signature are
3940 not included in the posting described in Subsection (4); and
3941 (ii) remove the voter's signature from the referendum petition and the [
3942 signature totals.
3943 (b) The local clerk shall comply with Subsection (5)(a) before the later of:
3944 (i) the deadline described in Subsection (4); or
3945 (ii) two business days after the day on which the county clerk receives a statement
3946 requesting signature removal under Subsection 20A-7-615(4).
3947 Section 77. Section 20A-7-702 is amended to read:
3948 20A-7-702. Voter information pamphlet -- Form -- Contents.
3949 The voter information pamphlet shall contain the following items in this order:
3950 (1) a cover title page;
3951 (2) an introduction to the pamphlet by the lieutenant governor;
3952 (3) a table of contents;
3953 (4) a list of all candidates for constitutional offices;
3954 (5) a list of candidates for each legislative district;
3955 (6) a 100-word statement of qualifications for each candidate for the office of
3956 governor, lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by
3957 the candidate to the lieutenant governor's office before 5 p.m. on the first business day in
3958 August before the date of the election;
3959 (7) information pertaining to all measures to be submitted to the voters, beginning a
3960 new page for each measure and containing, in the following order for each measure:
3961 (a) a copy of the number and ballot title of the measure;
3962 (b) the final vote cast by the Legislature on the measure if it is a measure submitted by
3963 the Legislature or by referendum;
3964 (c) the impartial analysis of the measure prepared by the Office of Legislative Research
3965 and General Counsel;
3966 (d) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
3967 measure, the arguments against the measure, and the rebuttal to the arguments against the
3968 measure, with the name and title of the authors at the end of each argument or rebuttal;
3969 (e) for each constitutional amendment, a complete copy of the text of the constitutional
3970 amendment, with all new language underlined, and all deleted language placed within brackets;
3971 (f) for each initiative qualified for the ballot:
3972 (i) a copy of the [
3973 of the initial fiscal impact [
3974 (ii) if the initiative proposes a tax increase, the following statement in bold type:
3975 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
3976 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
3977 increase in the current tax rate."; and
3978 (g) for each referendum qualified for the ballot, a complete copy of the text of the law
3979 being submitted to the voters for their approval or rejection, with all new language underlined
3980 and all deleted language placed within brackets, as applicable;
3981 (8) a description provided by the Judicial Performance Evaluation Commission of the
3982 selection and retention process for judges, including, in the following order:
3983 (a) a description of the judicial selection process;
3984 (b) a description of the judicial performance evaluation process;
3985 (c) a description of the judicial retention election process;
3986 (d) a list of the criteria of the judicial performance evaluation and the certification
3987 standards;
3988 (e) the names of the judges standing for retention election; and
3989 (f) for each judge:
3990 (i) a list of the counties in which the judge is subject to retention election;
3991 (ii) a short biography of professional qualifications and a recent photograph;
3992 (iii) a narrative concerning the judge's performance;
3993 (iv) for each certification standard under Section 78A-12-205, a statement identifying
3994 whether, under Section 78A-12-205, the judge met the standard and, if not, the manner in
3995 which the judge failed to meet the standard;
3996 (v) a statement that the Judicial Performance Evaluation Commission:
3997 (A) has determined that the judge meets or exceeds minimum performance standards;
3998 (B) has determined that the judge does not meet or exceed minimum performance
3999 standards; or
4000 (C) has not made a determination regarding whether the judge meets or exceeds
4001 minimum performance standards;
4002 (vi) any statement, described in Subsection 78A-12-206(3)(b), provided by a judge
4003 whom the Judicial Performance Evaluation Commission determines does not meet or exceed
4004 minimum performance standards;
4005 (vii) in a bar graph, the average of responses to each survey category, displayed with an
4006 identification of the minimum acceptable score as set by Section 78A-12-205 and the average
4007 score of all judges of the same court level; and
4008 (viii) a website address that contains the Judicial Performance Evaluation
4009 Commission's report on the judge's performance evaluation;
4010 (9) for each judge, a statement provided by the Utah Supreme Court identifying the
4011 cumulative number of informal reprimands, when consented to by the judge in accordance with
4012 Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
4013 censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
4014 VIII, Section 13, during the judge's current term and the immediately preceding term, and a
4015 detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
4016 that the judge has received;
4017 (10) an explanation of ballot marking procedures prepared by the lieutenant governor,
4018 indicating the ballot marking procedure used by each county and explaining how to mark the
4019 ballot for each procedure;
4020 (11) voter registration information, including information on how to obtain a ballot;
4021 (12) a list of all county clerks' offices and phone numbers;
4022 (13) the address of the Statewide Electronic Voter Information Website, with a
4023 statement indicating that the election officer will post on the website any changes to the
4024 location of a polling place and the location of any additional polling place;
4025 (14) a phone number that a voter may call to obtain information regarding the location
4026 of a polling place; and
4027 (15) on the back cover page, a printed copy of the following statement signed by the
4028 lieutenant governor:
4029 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
4030 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
4031 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
4032 correct according to law.
4033 SEAL
4034 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
4035 of ____ (month), ____ (year)
4036
(signed) ____________________________________
4037
Lieutenant Governor".
4038 Section 78. Coordinating H.B. 38 with S.B. 43 -- Substantive and technical
4039 amendments.
4040 If this H.B. 38 and S.B. 43, Public Notice Requirements, both pass and become law, it
4041 is the intent of the Legislature that the Office of Legislative Research and General Counsel
4042 shall prepare the Utah Code database for publication by amending Subsections 20A-7-204.1(2)
4043 through (3) to read:
4044 "(2) (a) The sponsors shall[
4045 the date of the public hearing, provide written notice of the public hearing [
4046 date, time, and location of the public hearing:
4047 (i) to the lieutenant governor [
4048 (ii) to the county clerk of each county in the region where the public hearing will be
4049 held;
4050 [
4051 council member who is elected in whole or in part from the region where the public hearing
4052 will be held; and
4053 [
4054
4055 [
4056
4057 [
4058
4059
4060
4061 [
4062
4063 [
4064
4065 [
4066 the day of the public hearing[
4067 [
4068
4069 (b) The lieutenant governor shall post the notice described in Subsection (2)(a) on the
4070 lieutenant governor's website for at least three days before the day of the public hearing.
4071 (c) The county clerk of each county in the region where the public hearing will be held:
4072 (i) shall post the notice described in Subsection (2)(a) for the county, as a class A
4073 notice under Section 63G-28-102, for at least three days before the day of the public hearing;
4074 and
4075 (ii) may bill the sponsors of the initiative for the cost of preparing, printing, and
4076 posting the notice described in Subsection (2)(c)(i).
4077 [
4078 in Subsection (2) shall include the following statement, in bold, in the same font and point size
4079 as the largest font and point size appearing in the notice:
4080 "This initiative [
4081 (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage
4082 increase) percent increase in the current tax rate."."