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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to a statewide initiative.
10 Highlighted Provisions:
11 This bill:
12 ▸ contingent on the passage of a constitutional amendment, modifies the vote
13 percentage required to pass a statewide initiative that would impose a new tax or
14 increase a tax rate;
15 ▸ modifies requirements for a statewide initiative application and a fiscal impact
16 statement in relation to funding a law proposed by initiative; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
25 20A-4-304, as last amended by Laws of Utah 2023, Chapters 15, 297 and 435
26 20A-7-202, as last amended by Laws of Utah 2023, Chapter 107
27 20A-7-202.5, as last amended by Laws of Utah 2023, Chapter 107
28 20A-7-211, as last amended by Laws of Utah 2023, Chapter 107
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-1-303 is amended to read:
32 20A-1-303. Determining results.
33 (1) (a) Except as provided in [
34
35 when one person is to be elected or nominated, the person receiving the highest number of
36 votes at any:
37 (i) election for any office to be filled at that election is elected to that office; and
38 (ii) primary for nomination for any office is nominated for that office.
39 (b) Except as provided in [
40
41 when more than one person is to be elected or nominated, the persons receiving the highest
42 number of votes at any:
43 (i) election for any office to filled at that election are elected to that office; and
44 (ii) primary for nomination for any office are nominated for that office.
45 (2) [
46 for [
47 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
48 (b) fails if:
49 (i) the number of "yes" votes equal the number of "no" votes; or
50 (ii) the number of "no" votes is greater than the number of "yes" votes.
51 (3) A statewide initiative submitted to voters for approval or rejection that would
52 impose a new tax or increase a tax rate:
53 (a) passes if the number of "yes" votes is greater than 60% of the total votes cast for or
54 against the initiative; and
55 (b) fails if the number of "yes" votes is equal to or fewer than 60% of the total votes
56 cast for or against the initiative.
57 Section 2. Section 20A-4-304 is amended to read:
58 20A-4-304. Declaration of results -- Canvassers' report.
59 [
60 (1) (a) [
61 Pilot Project, a board of canvassers shall declare "elected" or "nominated" those persons who:
62 (i) had the highest number of votes; and
63 (ii) sought election or nomination to an office completely within the board's
64 jurisdiction[
65 (b) Except as provided in Subsection (1)(c), a board of canvassers shall declare:
66 (i) "approved" [
67 (A) [
68 (B) [
69 (ii) "rejected" [
70 (A) [
71 and "yes" votes; and
72 (B) [
73 (c) For a statewide initiative that would impose a new tax or increase a tax rate, the
74 state board of canvassers shall declare the initiative:
75 (i) "approved" if the number of "yes" votes is greater than 60% of the total votes cast
76 for or against the initiative; or
77 (ii) "rejected" if the number of "yes" votes is equal to or fewer than 60% of the total
78 votes cast for or against the initiative.
79 [
80 (i) certify the vote totals for persons and for and against ballot propositions that were
81 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
82 the lieutenant governor; and
83 [
84 district clerk.
85 (2) The election officer shall submit a report to the board of canvassers that includes
86 the following information:
87 (a) the total number of votes cast in the board's jurisdiction;
88 (b) the names of each candidate whose name appeared on the ballot;
89 (c) the title of each ballot proposition that appeared on the ballot;
90 (d) each office that appeared on the ballot;
91 (e) from each voting precinct:
92 (i) the number of votes for each candidate;
93 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
94 Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
95 potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
96 phase; and
97 (iii) the number of votes for and against each ballot proposition;
98 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
99 and against each ballot proposition;
100 (g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
101 (i) the number of ballots counted;
102 (ii) provisional ballots; and
103 (iii) the number of ballots rejected;
104 (h) a final ballot reconciliation report;
105 (i) other information required by law to be provided to the board of canvassers; and
106 (j) a statement certifying that the information contained in the report is accurate.
107 (3) The election officer and the board of canvassers shall:
108 (a) review the report to ensure that the report is correct; and
109 (b) sign the report.
110 (4) The election officer shall:
111 (a) record or file the certified report in a book kept for that purpose;
112 (b) prepare and transmit a certificate of nomination or election under the officer's seal
113 to each nominated or elected candidate;
114 (c) publish a copy of the certified report in accordance with Subsection (5); and
115 (d) file a copy of the certified report with the lieutenant governor.
116 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
117 days after the day on which the board of canvassers declares the election results, publicize the
118 certified report described in Subsection (2) for the jurisdiction, as a class A notice under
119 Section 63G-30-102, for at least seven days.
120 (6) Instead of including a copy of the entire certified report, a notice required under
121 Subsection (5) may contain a statement that:
122 (a) includes the following: "The Board of Canvassers for [indicate name of
123 jurisdiction] has prepared a report of the election results for the [indicate type and date of
124 election]."; and
125 (b) specifies the following sources where an individual may view or obtain a copy of
126 the entire certified report:
127 (i) if the jurisdiction has a website, the jurisdiction's website;
128 (ii) the physical address for the jurisdiction; and
129 (iii) a mailing address and telephone number.
130 (7) When there has been a regular general or a statewide special election for statewide
131 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
132 or more county ballot proposition, each board of canvassers shall:
133 (a) prepare a separate report detailing the number of votes for each candidate and the
134 number of votes for and against each ballot proposition; and
135 (b) transmit the separate report by registered mail to the lieutenant governor.
136 (8) In each county election, municipal election, school election, special district
137 election, and local special election, the election officer shall transmit the reports to the
138 lieutenant governor within 14 days after the date of the election.
139 (9) In a regular primary election and in a presidential primary election, the board shall
140 transmit to the lieutenant governor:
141 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
142 governor not later than the second Tuesday after the election; and
143 (b) a complete tabulation showing voting totals for all primary races, precinct by
144 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
145 primary election.
146 Section 3. Section 20A-7-202 is amended to read:
147 20A-7-202. Statewide initiative process -- Initiative application procedures --
148 Time to gather signatures -- Grounds for rejection.
149 (1) Individuals wishing to circulate an initiative petition shall file an initiative
150 application with the lieutenant governor.
151 (2) The initiative application shall include:
152 (a) the name and residence address of at least five sponsors of the initiative petition;
153 (b) a statement indicating that each of the sponsors is registered to vote in Utah;
154 (c) a statement indicating whether the initiative will be presented to:
155 (i) the Legislature under Subsection 20A-7-201(1); or
156 (ii) a vote of the people under Subsection 20A-7-201(2);
157 (d) the signature of each of the sponsors, attested to by a notary public;
158 (e) a copy of the proposed law that includes, in the following order:
159 (i) the title of the proposed law, that clearly expresses the subject of the law;
160 (ii) a description of the manner in which the proposed law will be funded, including:
161 (A) all proposed sources of funding for the costs associated with the proposed law,
162 including the proposed percentage of total funding from each source; [
163 (B) if the proposed law will be funded, in whole or in part, by a new tax, a description
164 of the new tax and the tax rate;
165 [
166 [
167 a tax increase, the following statement for each tax increase, "This initiative seeks to increase
168 the current (insert name of tax) rate by (insert the tax percentage difference) percent, resulting
169 in a(n) (insert the tax percentage increase) percent increase in the current tax rate."; [
170 (D) if the proposed law will be funded, in whole or in part, from new revenues, a
171 description of the amount and source of the new revenues; and
172 (E) if the proposed law will be funded, in whole or in part, from existing revenues, a
173 description of the existing line items or programs that will receive less funding in order to fund
174 the proposed law and the amount by which the funding will be reduced; and
175 [
176 petition may be paid for gathering signatures.
177 (3) (a) An individual's status as a resident, under Subsection (2), is determined in
178 accordance with Section 20A-2-105.
179 (b) The initiative application and the initiative application's contents are public when
180 filed with the lieutenant governor.
181 (4) If the initiative petition fails to qualify for the ballot of the election described in
182 Subsection 20A-7-201(2)(b), the sponsors shall:
183 (a) submit a new initiative application;
184 (b) obtain new signature sheets; and
185 (c) collect signatures again.
186 (5) The lieutenant governor shall reject an initiative application or an initiative
187 application addendum filed under Subsection 20A-7-204.1(5) and not issue signature sheets if:
188 (a) the proposed law:
189 (i) is [
190 (ii) is nonsensical;
191 (iii) could not become law if passed;
192 (iv) contains more than one subject as evaluated in accordance with Subsection (6); or
193 (v) is identical or substantially similar to a law proposed by an initiative for which
194 signatures were submitted to the county clerks and lieutenant governor for certification within
195 two years preceding the date on which the initiative application for the new initiative is filed;
196 [
197 (b) the subject of the proposed law is not clearly expressed in the law's title[
198 (c) the funding description, described in Subsection (2)(e):
199 (i) does not comply with the requirements of Subsection (2)(e); or
200 (ii) is unlikely to provide adequate funding for the proposed law.
201 (6) To evaluate whether the proposed law contains more than one subject under
202 Subsection (5)(a)(iv), the lieutenant governor shall apply the same standard provided in Utah
203 Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
204 than one subject.
205 Section 4. Section 20A-7-202.5 is amended to read:
206 20A-7-202.5. Initial fiscal impact statement -- Preparation of statement --
207 Challenge to statement.
208 (1) Within three working days after the day on which the lieutenant governor receives
209 an initiative application, the lieutenant governor shall submit a copy of the initiative application
210 to the Office of the Legislative Fiscal Analyst.
211 (2) (a) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good
212 faith initial fiscal impact statement for the proposed law, not exceeding 100 words plus 100
213 words per revenue source created or impacted by the proposed law, that contains:
214 (i) a description of the total estimated fiscal impact of the proposed law over the time
215 period or time periods determined by the Office of the Legislative Fiscal Analyst to be most
216 useful in understanding the estimated fiscal impact of the proposed law;
217 (ii) if the proposed law would increase taxes, decrease taxes, or impose a new tax, a
218 dollar amount representing the total estimated increase or decrease for each type of tax affected
219 under the proposed law, a dollar amount showing the estimated amount of a new tax, and a
220 dollar amount representing the total estimated increase or decrease in taxes under the proposed
221 law;
222 (iii) if the proposed law would increase a particular tax or tax rate, the tax percentage
223 difference and the tax percentage increase for each tax or tax rate increased;
224 (iv) if the proposed law will be funded, in whole or in part, from new revenues, a
225 description of the amount and source of the new revenues;
226 (v) if the proposed law will be funded, in whole or in part, from existing revenues, a
227 description of:
228 (A) the existing line items or programs that will receive less funding in order to fund
229 the proposed law and the amount by which the funding will be reduced; and
230 (B) the likely impact of the reduction in funding described in Subsection (2)(a)(v)(A);
231 [
232 bonds, notes, or other debt instruments, a dollar amount representing the total estimated
233 increase or decrease in public debt under the proposed law;
234 [
235 local government entities under the proposed law;
236 [
237 sources of funding for the estimated costs; and
238 [
239 100 words for each funding source, of the funding source information described in Subsection
240 20A-7-202(2)(e)(ii).
241 (b) If the proposed law is estimated to have no fiscal impact, the Office of the
242 Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
243 statement in substantially the following form:
244 "The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
245 initiative would have no significant fiscal impact and would not result in either an increase or
246 decrease in taxes or debt."
247 (3) Within 25 calendar days after the day on which the lieutenant governor delivers a
248 copy of the initiative application, the Office of the Legislative Fiscal Analyst shall:
249 (a) deliver a copy of the initial fiscal impact statement to the lieutenant governor's
250 office; and
251 (b) mail a copy of the initial fiscal impact statement to the first five sponsors named in
252 the initiative application.
253 (4) (a) (i) Three or more of the sponsors of the initiative petition may, within 20
254 calendar days after the day on which the Office of the Legislative Fiscal Analyst delivers the
255 initial fiscal impact statement to the lieutenant governor's office, file a petition with the
256 appropriate court, alleging that the initial fiscal impact statement, taken as a whole, is an
257 inaccurate estimate of the fiscal impact of the initiative.
258 (ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
259 notice of the petition filed with the court to:
260 (A) any person or group that has filed an argument with the lieutenant governor's office
261 for or against the initiative that is the subject of the challenge; and
262 (B) any political issues committee established under Section 20A-11-801 that has filed
263 written or electronic notice with the lieutenant governor that identifies the name, mailing or
264 email address, and telephone number of the person designated to receive notice about any
265 issues relating to the initiative.
266 (b) (i) There is a presumption that the initial fiscal impact statement prepared by the
267 Office of the Legislative Fiscal Analyst is based upon reasonable assumptions, uses reasonable
268 data, and applies accepted analytical methods to present the estimated fiscal impact of the
269 initiative.
270 (ii) The court may not revise the contents of, or direct the revision of, the initial fiscal
271 impact statement unless the plaintiffs rebut the presumption by clear and convincing evidence
272 that establishes that the initial fiscal impact statement, taken as a whole, is an inaccurate
273 statement of the estimated fiscal impact of the initiative.
274 (iii) The court may refer an issue related to the initial fiscal impact statement to a
275 master to examine the issue and make a report in accordance with Utah Rules of Civil
276 Procedure, Rule 53.
277 (c) The court shall certify to the lieutenant governor a fiscal impact statement for the
278 initiative that meets the requirements of this section.
279 Section 5. Section 20A-7-211 is amended to read:
280 20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
281 proclamation.
282 (1) The votes on the law proposed by the initiative petition shall be counted,
283 canvassed, and delivered as provided in [
284 Chapter 4, Part 3, Canvassing Returns.
285 (2) After the state board of canvassers completes the canvass, the lieutenant governor
286 shall certify to the governor the vote for and against the law proposed by the initiative petition.
287 (3) (a) The governor shall immediately issue a proclamation that:
288 (i) gives the total number of votes cast in the state for and against each law proposed by
289 an initiative petition; and
290 (ii) (A) except as provided in Subsection (3)(a)(ii)(B), declares [
291 proposed by an initiative petition that [
292 effect on the date described in Subsection 20A-7-212(2)[
293 (B) for a law proposed by an initiative petition that would impose a new tax or increase
294 a tax rate, declares that law to be in full force and effect on the date described in Subsection
295 20A-7-212(2), if the initiative is approved by more than 60% of the total votes cast for or
296 against the initiative.
297 (b) When the governor believes that two proposed laws, or that parts of two proposed
298 laws approved by the people at the same election are entirely in conflict, the governor shall
299 proclaim as law the initiative that receives the greatest number of affirmative votes, regardless
300 of the difference in the majorities which those initiatives receive.
301 (c) Within 10 days after the day of the governor's proclamation, any qualified voter
302 who signed the initiative petition proposing the law that is declared by the governor to be
303 superseded by another initiative approved at the same election may bring an action in the
304 appropriate court to review the governor's decision.
305 (4) Within 10 days after the day on which the court issues an order in an action
306 described in Subsection (3)(c), the governor shall:
307 (a) proclaim as law all initiatives approved by the people that the court determines are
308 not entirely in conflict; and
309 (b) of the initiatives approved by the people that the court determines to be entirely in
310 conflict, proclaim as law, regardless of the difference in majorities, the law that receives the
311 greatest number of affirmative votes, to be in full force and effect on the date described in
312 Subsection 20A-7-212(2).
313 Section 6. Effective date.
314 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
315 (2) The actions effecting the following sections take effect January 1, 2025, if the
316 amendment to the Utah Constitution proposed by H.J.R 14, Proposal to Amend Utah
317 Constitution - Statewide Initiatives, 2024 General Session, passes the Legislature and is
318 approved by a majority of those voting on it at the next regular general election:
319 (a) Section 20A-1-303;
320 (b) Section 20A-4-304; and
321 (c) Section 20A-7-211.