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7 LONG TITLE
8 General Description:
9 This bill amends election provisions regarding a proposed constitutional amendment.
10 Highlighted Provisions:
11 This bill:
12 ▸ establishes an expedited timeline for:
13 • placing a proposed constitutional amendment on the ballot for voter
14 consideration; and
15 • providing and posting certain information in relation to the proposed
16 constitutional amendment;
17 ▸ amends requirements and procedures relating to the ballot title, analysis, and
18 arguments for a proposed constitutional amendment;
19 ▸ makes conforming changes; and
20 ▸ provides for repeal of the provisions of this bill.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
26 AMENDS:
27 63I-2-220, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
28 ENACTS:
29 20A-7-103.1, Utah Code Annotated 1953
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-7-103.1 is enacted to read:
33 20A-7-103.1. Constitutional amendments proposed during specified timeframe --
34 Ballot title -- Analysis -- Arguments -- Publication.
35 If, after August 1, 2024, and before September 1, 2024, the Legislature passes a
36 resolution proposing an amendment to the Utah Constitution:
37 (1) the presiding officers shall submit the information and ballot title described in
38 Subsection 20A-7-103(3) to the lieutenant governor no later than:
39 (a) September 1, 2024, if the effective date of this bill is on or before September 1,
40 2024; or
41 (b) three calendar days after the effective date of this bill, if the effective date of this
42 bill is after September 1, 2024;
43 (2) notwithstanding Subsection 20A-7-103(4), the lieutenant governor shall certify the
44 letter or number and ballot title of each amendment or question to the county clerk of each
45 county no later than the deadline described in Subsection (1);
46 (3) the presiding officers shall:
47 (a) in accordance with Subsections 20A-7-703.1(2) through (5), prepare an analysis for
48 the proposed amendment for publication in the voter information pamphlet; and
49 (b) notwithstanding Subsection 20A-7-703.1(1)(b), submit the analysis to the
50 lieutenant governor no later than October 1, 2024;
51 (4) Sections 20A-7-705 and 20A-7-706 do not apply in relation to the proposed
52 amendment;
53 (5) no later than the day after the effective date of this bill:
54 (a) the presiding officer of the house of origin of the proposed amendment shall
55 appoint the sponsor of the proposed amendment and one member of either house who voted in
56 favor of the proposed amendment to draft an argument in favor of the proposed amendment;
57 and
58 (b) the presiding officer of each house shall appoint one member who voted against the
59 proposed amendment from their house, if any voted against the proposed amendment, to write
60 an argument against the proposed amendment.
61 (6) an argument described in Subsection (5)(a) or (b) may not exceed 750 words, not
62 counting the names and titles of the authors;
63 (7) the authors appointed to submit an argument shall submit the argument to the
64 lieutenant governor no later than seven days after the effective date of this bill;
65 (8) except as provided in Subsection (10), the authors of an argument may not modify
66 the argument after submission;
67 (9) except as provided in Subsection (10), the lieutenant governor may not modify an
68 argument in any way;
69 (10) the lieutenant governor and the authors of an argument may jointly modify the
70 argument after submission if:
71 (a) the modifications are made to correct spelling or grammatical errors or to correct a
72 mischaracterization described in Subsection (17);
73 (b) the lieutenant governor and the authors jointly agree on the modifications; and
74 (c) the argument has not been submitted for typesetting;
75 (11) when the lieutenant governor has received both the argument for the proposed
76 amendment, if any, and the argument against the proposed amendment, if any, the lieutenant
77 governor shall immediately send a copy of the argument in favor of the proposed amendment,
78 if any, to the authors of the argument against the proposed amendment, if any, and a copy of
79 the argument against the proposed amendment, if any, to the authors of the argument in favor
80 of the proposed amendment, if any;
81 (12) the authors who timely submit an argument under Subsection (7):
82 (a) may prepare and submit a rebuttal argument not exceeding 250 words, not counting
83 the names and titles of the authors; and
84 (b) shall file the rebuttal argument with the lieutenant governor within seven days after
85 the day on which the lieutenant governor sends copies of the arguments under Subsection (11);
86 (13) except as provided in Subsection (15), the authors of a rebuttal argument may not
87 modify the rebuttal argument after submission;
88 (14) except as provided in Subsection (15), the lieutenant governor may not modify a
89 rebuttal argument in any way;
90 (15) the lieutenant governor and the authors of a rebuttal argument may jointly modify
91 the rebuttal argument after submission, if:
92 (a) the modifications are made to correct spelling or grammatical errors or to correct a
93 mischaracterization described in Subsection (17);
94 (b) the lieutenant governor and the authors jointly agree on the modifications; and
95 (c) the rebuttal argument has not been submitted for typesetting;
96 (16) the lieutenant governor shall ensure that:
97 (a) a rebuttal argument is printed in the same manner as a direct argument; and
98 (b) each rebuttal argument follows immediately after the direct argument which the
99 rebuttal argument seeks to rebut;
100 (17) if, after the lieutenant governor determines that an argument or a rebuttal
101 argument mischaracterizes the position of a state entity, the lieutenant governor and the authors
102 of the argument or rebuttal argument cannot jointly agree on a modification to correct the
103 mischaracterization, the lieutenant governor:
104 (a) shall publish the argument or rebuttal argument with the mischaracterization; and
105 (b) may, immediately following the argument or rebuttal argument, publish a brief
106 description of the position of the state entity;
107 (18) notwithstanding Subsection 20A-7-103(4), the lieutenant governor shall certify the
108 letter or number and ballot title of each amendment or question to the county clerk of each
109 county no later than the deadline described in Subsection (1); and
110 (19) the deadline described in Subsection 20A-7-801(4)(b) does not apply to the ballot
111 title, analysis, arguments, rebuttal arguments, descriptions, or other items described in this
112 section.
113 Section 2. Section 63I-2-220 is amended to read:
114 63I-2-220. Repeal dates: Title 20A.
115 (1) Section 20A-7-103.1, Constitutional amendments proposed during specified
116 timeframe -- Analysis -- Arguments -- Publication, is repealed July 1, 2025.
117 (2) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
118 repealed January 1, 2026.
119 Section 3. Effective date.
120 If approved by two-thirds of all the members elected to each house, this bill takes effect
121 upon approval by the governor, or the day following the constitutional time limit of Utah
122 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
123 the date of veto override.