Senator Kirk A. Cullimore proposes the following substitute bill:


1     
STATEWIDE INITIATIVE AND REFERENDUM AMENDMENTS

2     
2024 FOURTH SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: Jason B. Kyle

6     

7     LONG TITLE
8     General Description:
9          This bill, contingent on the passage of a constitutional amendment, addresses statewide
10     initiatives and referendums.
11     Highlighted Provisions:
12          This bill:
13          ▸     addresses the deference given to a law passed by initiative;
14          ▸     extends the amount of time that the sponsors of a referendum petition have to gather
15     signatures to qualify the referendum for the ballot;
16          ▸     makes conforming timeline changes to accommodate the extension of the
17     signature-gathering period;
18          ▸     amends provisions regarding the effective date of legislation that may be subject to
19     a referendum; and
20          ▸     makes technical and conforming changes.
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          20A-7-105, as last amended by Laws of Utah 2024, Chapters 442, 465
28          20A-7-212, as last amended by Laws of Utah 2019, Chapter 206
29          20A-7-307, as last amended by Laws of Utah 2023, Chapters 107, 116 and last
30     amended by Coordination Clause, Laws of Utah 2023, Chapter 116
31          20A-7-311, as last amended by Laws of Utah 2023, Chapter 107
32          20A-7-705, as last amended by Laws of Utah 2019, Chapters 217, 255
33          20A-7-706, as last amended by Laws of Utah 2019, Chapter 255
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 20A-7-105 is amended to read:
37          20A-7-105. Manual petition processes -- Obtaining signatures -- Verification --
38     Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
39     Removal of signature.
40          (1) This section applies only to the manual initiative process and the manual
41     referendum process.
42          (2) As used in this section:
43          (a) "Local petition" means:
44          (i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
45     or
46          (ii) a manual local referendum petition described in Part 6, Local Referenda -
47     Procedures.
48          (b) "Packet" means an initiative packet or referendum packet.
49          (c) "Petition" means a local petition or statewide petition.
50          (d) "Statewide petition" means:
51          (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
52          (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
53          (3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
54          (b) A Utah voter may sign a local petition if the voter:
55          (i) is a legal voter; and
56          (ii) resides in the local jurisdiction.

57          (4) (a) The sponsors shall ensure that the individual in whose presence each signature
58     sheet was signed:
59          (i) is at least 18 years old;
60          (ii) verifies each signature sheet by completing the verification printed on the last page
61     of each packet; and
62          (iii) is informed that each signer is required to read and understand:
63          (A) for an initiative petition, the law proposed by the initiative; or
64          (B) for a referendum petition, the law that the referendum seeks to overturn.
65          (b) An individual may not sign the verification printed on the last page of a packet if
66     the individual signed a signature sheet in the packet.
67          (5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
68     packet to the county clerk of the county in which the packet was circulated before 5 p.m. no
69     later than the earlier of:
70          (i) for a statewide initiative:
71          (A) 30 days after the day on which the first individual signs the initiative packet;
72          (B) 316 days after the day on which the application for the initiative petition is filed; or
73          (C) the February 15 immediately before the next regular general election immediately
74     after the application is filed under Section 20A-7-202;
75          (ii) for a statewide referendum:
76          (A) 30 days after the day on which the first individual signs the referendum packet; or
77          (B) [40] 60 days after the day on which the legislative session at which the law passed
78     ends;
79          (iii) for a local initiative:
80          (A) 30 days after the day on which the first individual signs the initiative packet;
81          (B) 316 days after the day on which the application is filed;
82          (C) the April 15 immediately before the next regular general election immediately after
83     the application is filed under Section 20A-7-502, if the local initiative is a county initiative; or
84          (D) the April 15 immediately before the next municipal general election immediately
85     after the application is filed under Section 20A-7-502, if the local initiative is a municipal
86     initiative; or
87          (iv) for a local referendum:

88          (A) 30 days after the day on which the first individual signs the referendum packet; or
89          (B) 45 days after the day on which the sponsors receive the items described in
90     Subsection 20A-7-604(3) from the local clerk.
91          (b) A person may not submit a packet after the applicable deadline described in
92     Subsection (5)(a).
93          (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
94     the sponsors shall send an email to each individual who provides a legible, valid email address
95     on the signature sheet that includes the following:
96          (i) the subject of the email shall include the following statement, "Notice Regarding
97     Your Petition Signature"; and
98          (ii) the body of the email shall include the following statement in 12-point type:
99          "You signed a petition for the following initiative:
100          [insert title of initiative]
101          To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
102     information on the deadline for removing your signature from the petition, please visit the
103     following link: [insert a uniform resource locator that takes the individual directly to the page
104     on the lieutenant governor's or county clerk's website that includes the information referred to
105     in the email]."
106          (d) For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on
107     which the sponsors submit the last initiative packet to the county clerk, submit to the lieutenant
108     governor:
109          (i) a list containing:
110          (A) the name and email address of each individual the sponsors sent, or caused to be
111     sent, the email described in Subsection (5)(c); and
112          (B) the date the email was sent;
113          (ii) a copy of the email described in Subsection (5)(c); and
114          (iii) the following written verification, completed and signed by each of the sponsors:
115          "Verification of initiative sponsor State of Utah, County of __________I, __________,
116     of __________, hereby state, under penalty of perjury, that:
117          I am a sponsor of the initiative petition entitled ____________________; and
118          I sent, or caused to be sent, to each individual who provided a legible, valid email

119     address on a signature sheet submitted to the county clerk in relation to the initiative petition,
120     the email described in Utah Code Subsection 20A-7-105(5)(c).
121          ______________________________________________________________ __
122          (Name)           (Residence Address)                         (Date)".
123          (e) For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which
124     the sponsors submit the last initiative packet to the local clerk, submit to the local clerk the
125     items described in Subsection (5)(d).
126          (f) Signatures gathered for an initiative petition are not valid if the sponsors do not
127     comply with Subsection (5)(c), (d), or (e).
128          (6) (a) Within 21 days after the day on which the county clerk receives the packet, the
129     county clerk shall:
130          (i) use the procedures described in Section 20A-1-1002, or 20A-7-106 if applicable, to
131     determine whether each signer is a legal voter and, as applicable, the jurisdiction where the
132     signer is registered to vote;
133          (ii) for a statewide initiative or a statewide referendum:
134          (A) certify on the petition whether each name is that of a legal voter;
135          (B) post the name, voter identification number, and date of signature of each legal
136     voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a
137     conspicuous location designated by the lieutenant governor; and
138          (C) deliver the verified packet to the lieutenant governor;
139          (iii) for a local initiative or a local referendum:
140          (A) certify on the petition whether each name is that of a legal voter who is registered
141     in the jurisdiction to which the initiative or referendum relates;
142          (B) post the name, voter identification number, and date of signature of each legal
143     voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a
144     conspicuous location designated by the lieutenant governor; and
145          (C) deliver the verified packet to the local clerk.
146          (b) For a local initiative or local referendum, the local clerk shall post a link in a
147     conspicuous location on the local government's website to the posting described in Subsection
148     (6)(a)(iii)(B):
149          (i) for a local initiative, during the period of time described in Subsection

150     20A-7-507(3)(a); or
151          (ii) for a local referendum, during the period of time described in Subsection
152     20A-7-607(2)(a)(i).
153          (7) The county clerk may not certify a signature under Subsection (6):
154          (a) on a packet that is not verified in accordance with Subsection (4); or
155          (b) that does not have a date of signature next to the signature.
156          (8) (a) A voter who signs a statewide initiative petition may have the voter's signature
157     removed from the petition by, in accordance with Section 20A-1-1003, submitting to the
158     county clerk a statement requesting that the voter's signature be removed no later than the
159     earlier of:
160          (i) for an initiative packet received by the county clerk before December 1:
161          (A) 30 days after the day on which the voter signs the signature removal statement; or
162          (B) 90 days after the day on which the lieutenant governor posts the voter's name under
163     Subsection 20A-7-207(2); or
164          (ii) for an initiative packet received by the county clerk on or after December 1:
165          (A) 30 days after the day on which the voter signs the signature removal statement; or
166          (B) 45 days after the day on which the lieutenant governor posts the voter's name under
167     Subsection 20A-7-207(2).
168          (b) A voter who signs a statewide referendum petition may have the voter's signature
169     removed from the petition by, in accordance with Section 20A-1-1003, submitting to the
170     county clerk a statement requesting that the voter's signature be removed no later than the
171     earlier of:
172          (i) 30 days after the day on which the voter signs the statement requesting removal; or
173          (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
174     Subsection 20A-7-307(2).
175          (c) A voter who signs a local initiative petition may have the voter's signature removed
176     from the petition by, in accordance with Section 20A-1-1003, submitting to the county clerk a
177     statement requesting that the voter's signature be removed no later than the earlier of:
178          (i) 30 days after the day on which the voter signs the signature removal statement;
179          (ii) 90 days after the day on which the local clerk posts the voter's name under
180     Subsection 20A-7-507(2);

181          (iii) 316 days after the day on which the application is filed; or
182          (iv) (A) for a county initiative, April 15 immediately before the next regular general
183     election immediately after the application is filed under Section 20A-7-502; or
184          (B) for a municipal initiative, April 15 immediately before the next municipal general
185     election immediately after the application is filed under Section 20A-7-502.
186          (d) A voter who signs a local referendum petition may have the voter's signature
187     removed from the petition by, in accordance with Section 20A-1-1003, submitting to the
188     county clerk a statement requesting that the voter's signature be removed no later than the
189     earlier of:
190          (i) 30 days after the day on which the voter signs the statement requesting removal; or
191          (ii) 45 days after the day on which the local clerk posts the voter's name under
192     Subsection 20A-7-607(2)(a).
193          (e) In order for the signature to be removed, the county clerk must receive the
194     statement described in this Subsection (8) before 5 p.m. no later than the applicable deadline
195     described in this Subsection (8).
196          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
197     a petition, in accordance with Subsection 20A-1-1003(3).
198          (9) (a) If the county clerk timely receives a statement requesting signature removal
199     under Subsection (8) and determines that the signature should be removed from the petition
200     under Subsection 20A-1-1003(3), the county clerk shall:
201          (i) ensure that the voter's name, voter identification number, and date of signature are
202     not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
203          (ii) remove the voter's signature from the signature packets and signature packet totals.
204          (b) The county clerk shall comply with Subsection (9)(a) before the later of:
205          (i) the deadline described in Subsection (6)(a); or
206          (ii) two business days after the day on which the county clerk receives a statement
207     requesting signature removal under Subsection (8).
208          (10) A person may not retrieve a packet from a county clerk, or make any alterations or
209     corrections to a packet, after the packet is submitted to the county clerk.
210          Section 2. Section 20A-7-212 is amended to read:
211          20A-7-212. Effective date of initiative -- Deference given to law passed by

212     initiative.
213          (1) A proposed law submitted to the Legislature by initiative petition and passed by the
214     Legislature takes effect 60 days after the last day of the session of the Legislature in which the
215     law passed, unless:
216          (a) a later effective date is included in the proposed law; or
217          (b) an earlier effective date is included in the proposed law and the proposed law
218     passes the Legislature by a two-thirds vote of the members elected to each house of the
219     Legislature.
220          (2) A proposed law submitted to the people by initiative petition that is approved by
221     the voters at an election takes effect:
222          (a) except as provided in Subsections (2)(b) through (e), on the day that is 60 days after
223     the last day of the general session of the Legislature next following the election;
224          (b) except as provided in Subsection (2)(d) or (e), if the proposed law effectuates a tax
225     increase:
226          (i) except as provided in Subsection (2)(b)(ii), January 1 of the year after the general
227     session of the Legislature next following the election; or
228          (ii) at the beginning of the applicable taxable year that begins on or after January 1 of
229     the year after the general session of the Legislature next following the election, for a tax
230     described in:
231          (A) Title 59, Chapter 6, Mineral Production Tax Withholding;
232          (B) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
233          (C) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
234     Pay Corporate Franchise or Income Tax Act; or
235          (D) Title 59, Chapter 10, Individual Income Tax Act;
236          (c) except as provided in Subsection (2)(d) or (e), if the proposed law effectuates a tax
237     decrease:
238          (i) except as provided in Subsection (2)(c)(ii), April 1 immediately following the
239     election; or
240          (ii) for a tax described in Subsection (2)(b)(ii)(A) through (D), at the beginning of the
241     applicable taxable year that begins on or after January 1 immediately following the election;
242          (d) except as provided in Subsection (2)(e), January 1 of the year after the general

243     session of the Legislature next following the election, if the proposed law effectuates a change
244     in a tax described in:
245          (i) Title 59, Chapter 2, Property Tax Act;
246          (ii) Title 59, Chapter 3, Tax Equivalent Property Act; or
247          (iii) Title 59, Chapter 4, Privilege Tax; or
248          (e) if the proposed law specifies a special effective date that is after the otherwise
249     applicable effective date described in Subsections (2)(a) through (d), the date specified in the
250     proposed law.
251          (3) (a) The governor may not veto a law adopted by the people.
252          [(b) The Legislature may amend any initiative approved by the people at any legislative
253     session.]
254          (b) If, during the general session next following the passage of a law submitted to the
255     people by initiative petition, the Legislature amends the law, the Legislature:
256          (i) shall give deference to the initiative by amending the law in a manner that, in the
257     Legislature's determination, leaves intact the general purpose of the initiative; and
258          (ii) notwithstanding Subsection (3)(b)(i), may amend the law in any manner
259     determined necessary by the Legislature to mitigate an adverse fiscal impact of the initiative.
260          Section 3. Section 20A-7-307 is amended to read:
261          20A-7-307. Evaluation by the lieutenant governor.
262          (1) In relation to the manual referendum process, when the lieutenant governor receives
263     a referendum packet from a county clerk, the lieutenant governor shall record the number of the
264     referendum packet received.
265          (2) The county clerk shall:
266          (a) in relation to the manual referendum process:
267          (i) post the names, voter identification numbers, and dates of signatures described in
268     Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a conspicuous location
269     designated by the lieutenant governor, for at least 45 days; and
270          (ii) update on the lieutenant governor's website the number of signatures certified as of
271     the date of the update; or
272          (b) in relation to the electronic referendum process:
273          (i) post the names, voter identification numbers, and dates of signatures described in

274     Subsection 20A-7-315(4) on the lieutenant governor's website, in a conspicuous location
275     designated by the lieutenant governor, for at least 45 days; and
276          (ii) update on the lieutenant governor's website the number of signatures certified as of
277     the date of the update.
278          (3) The lieutenant governor:
279          (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
280     sufficient or insufficient [106] 126 days after the end of the legislative session at which the law
281     passed; or
282          (b) may declare the referendum petition to be insufficient before the day described in
283     Subsection (3)(a) if:
284          (i) in relation to the manual referendum process, the total of all valid signatures on
285     timely and lawfully submitted referendum packets that have been certified by the county clerks,
286     plus the number of signatures on timely and lawfully submitted referendum packets that have
287     not yet been evaluated for certification, is less than the number of names required under
288     Section 20A-7-301;
289          (ii) in relation to the electronic referendum process, the total of all timely and lawfully
290     submitted valid signatures that have been certified by the county clerks, plus the number of
291     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
292     that have not yet been evaluated for certification, is less than the number of names required
293     under Section 20A-7-301; or
294          (iii) a requirement of this part has not been met.
295          (4) (a) If the total number of names certified under Subsection (3) equals or exceeds
296     the number of names required under Section 20A-7-301, and the requirements of this part are
297     met, the lieutenant governor shall mark upon the front of the referendum petition the word
298     "sufficient."
299          (b) If the total number of names certified under Subsection (3) does not equal or
300     exceed the number of names required under Section 20A-7-301 or a requirement of this part is
301     not met, the lieutenant governor shall mark upon the front of the referendum petition the word
302     "insufficient."
303          (c) The lieutenant governor shall immediately notify any one of the sponsors of the
304     lieutenant governor's finding.

305          (d) After a referendum petition is declared insufficient, a person may not submit
306     additional signatures to qualify the referendum for the ballot.
307          (5) (a) If the lieutenant governor refuses to declare a referendum petition sufficient that
308     a voter believes is legally sufficient, the voter may, no later than 10 days after the day on which
309     the lieutenant governor declares the petition insufficient, apply to the appropriate court for an
310     order finding the referendum petition legally sufficient.
311          (b) If the court determines that the referendum petition is legally sufficient, the
312     lieutenant governor shall mark the referendum petition "sufficient" and consider the declaration
313     of sufficiency effective as of the date on which the referendum petition should have been
314     declared sufficient by the lieutenant governor's office.
315          (c) If the court determines that a referendum petition filed is not legally sufficient, the
316     court may enjoin the lieutenant governor and all other officers from certifying or printing the
317     ballot title and numbers of that measure on the official ballot.
318          (6) A referendum petition determined to be sufficient in accordance with this section is
319     qualified for the ballot.
320          Section 4. Section 20A-7-311 is amended to read:
321          20A-7-311. Temporary stay -- Effective date -- Effect of repeal by Legislature.
322          (1) (a) Within 35 calendar days after the day on which the legislative session at which
323     the law passed ends, the lieutenant governor shall:
324          (i) determine whether, within 30 calendar days after the day on which the legislative
325     session at which the law passed ends, the sponsors have submitted signatures to the county
326     clerks equal to at least 25% of the number of signatures required to qualify the referendum for
327     placement on the ballot; and
328          (ii) issue a written statement of the results of the determination.
329          (b) If the lieutenant governor determines that the sponsors have met the 25% threshold
330     described in Subsection (1)(a), the effective date of the law challenged by the referendum
331     changes to the later of:
332          (i) the effective date of the law; or
333          (ii) the day after the day on which the lieutenant governor declares the referendum
334     petition sufficient or insufficient under Section 20A-7-307.
335          [(1)] (2) [If] Notwithstanding Subsection (1), if, at the time during the counting period

336     described in Section 20A-7-307, the lieutenant governor determines that, at that point in time,
337     an adequate number of signatures are certified to comply with the signature requirements, the
338     lieutenant governor shall:
339          (a) issue an order temporarily staying the law from going into effect; and
340          (b) continue the process of certifying signatures and removing signatures as required by
341     this part.
342          [(2)] (3) The temporary stay described in Subsection [(1)] (2) remains in effect,
343     regardless of whether a future count falls below the signature threshold, until the day on which:
344          (a) if the lieutenant governor declares the referendum petition insufficient, five days
345     after the day on which the lieutenant governor declares the referendum petition insufficient; or
346          (b) if the lieutenant governor declares the referendum petition sufficient, the day on
347     which governor issues the proclamation described in Section 20A-7-310.
348          [(3)] (4) A law submitted to the people by referendum that is approved by the voters at
349     an election takes effect the later of:
350          (a) five days after the date of the official proclamation of the vote by the governor; or
351          (b) the effective date specified in the approved law.
352          [(4)] (5) If, after the lieutenant governor issues a temporary stay order under Subsection
353     [(1)(a)] (2)(a), the lieutenant governor declares the referendum petition insufficient, the law
354     that is the subject of the referendum petition takes effect the later of:
355          (a) five days after the day on which the lieutenant governor declares the referendum
356     petition insufficient; or
357          (b) the effective date specified in the law that is the subject of the referendum petition.
358          [(5)] (6) (a) The governor may not veto a law approved by the people.
359          (b) The Legislature may amend any laws approved by the people at any legislative
360     session after the people approve the law.
361          [(6)] (7) If the Legislature repeals a law challenged by referendum petition under this
362     part, the referendum petition is void and no further action on the referendum petition is
363     required.
364          Section 5. Section 20A-7-705 is amended to read:
365          20A-7-705. Measures to be submitted to voters and referendum measures --
366     Preparation of argument of adoption.

367          (1) (a) Whenever the Legislature submits any measure to the voters or whenever an act
368     of the Legislature is referred to the voters by referendum petition, the presiding officer of the
369     house of origin of the measure shall appoint the sponsor of the measure or act and one member
370     of either house who voted with the majority to pass the act or submit the measure to draft an
371     argument for the adoption of the measure.
372          (b) (i) The argument may not exceed 500 words in length, not counting the information
373     described in Subsection (4)(e).
374          (ii) If the sponsor of the measure or act desires separate arguments to be written in
375     favor by each person appointed, separate arguments may be written but the combined length of
376     the two arguments may not exceed 500 words, not counting the information described in
377     Subsection (4)(e).
378          (2) (a) If a measure or act submitted to the voters by the Legislature or by referendum
379     petition was not adopted unanimously by the Legislature, the presiding officer of each house
380     shall, at the same time as appointments to an argument in its favor are made, appoint one
381     member who voted against the measure or act from their house to write an argument against
382     the measure or act.
383          (b) (i) The argument may not exceed 500 words, not counting the information
384     described in Subsection (4)(e).
385          (ii) If those members appointed to write an argument against the measure or act desire
386     separate arguments to be written in opposition to the measure or act by each person appointed,
387     separate arguments may be written, but the combined length of the two arguments may not
388     exceed 500 words, not counting the information described in Subsection (4)(e).
389          (3) (a) The legislators appointed by the presiding officer of the Senate or House of
390     Representatives to submit arguments shall submit the arguments to the lieutenant governor not
391     later than the day that falls [150] 130 days before the date of the election.
392          (b) Except as provided in Subsection (3)(d), the authors may not amend or change the
393     arguments after they are submitted to the lieutenant governor.
394          (c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
395     arguments in any way.
396          (d) The lieutenant governor and the authors of an argument may jointly modify an
397     argument after it is submitted if:

398          (i) they jointly agree that changes to the argument must be made to correct spelling or
399     grammatical errors; and
400          (ii) the argument has not yet been submitted for typesetting.
401          (4) (a) If an argument for or an argument against a measure submitted to the voters by
402     the Legislature or by referendum petition has not been filed by a member of the Legislature
403     within the time required by this section:
404          (i) the lieutenant governor shall immediately:
405          (A) send an electronic notice that complies with the requirements of Subsection (4)(b)
406     to each individual in the state for whom the Office of the Lieutenant Governor has an email
407     address; or
408          (B) post a notice that complies with the requirements of Subsection (4)(b) on the home
409     page of the lieutenant governor's website; and
410          (ii) any voter may, before 5 p.m. no later than seven days after the day on which the
411     lieutenant governor provides the notice described in Subsection (4)(a)(i), submit a written
412     request to the presiding officer of the house in which the measure originated for permission to
413     prepare and file an argument for the side on which no argument has been filed by a member of
414     the Legislature.
415          (b) A notice described in Subsection (4)(a)(i) shall contain:
416          (i) the ballot title for the measure;
417          (ii) instructions on how to submit a request under Subsection (4)(a)(ii); and
418          (iii) the deadlines described in Subsections (4)(a)(ii) and (4)(d).
419          (c) (i) The presiding officer of the house of origin shall grant permission unless two or
420     more voters timely request permission to submit arguments on the same side of a measure.
421          (ii) If two or more voters timely request permission to submit arguments on the same
422     side of a measure, the presiding officer shall, no later than four calendar days after the day of
423     the deadline described in Subsection (4)(a)(ii), designate one of the voters to write the
424     argument.
425          (d) Any argument prepared under this Subsection (4) shall be submitted to the
426     lieutenant governor before 5 p.m. no later than seven days after the day on which the presiding
427     officer grants permission to submit the argument.
428          (e) The lieutenant governor may not accept a ballot argument submitted under this

429     section unless the ballot argument lists:
430          (i) the name and address of the individual submitting the argument, if the argument is
431     submitted by an individual voter; or
432          (ii) the name and address of the organization and the names and addresses of at least
433     two of the organization's principal officers, if the argument is submitted on behalf of an
434     organization.
435          (f) Except as provided in Subsection (4)(h), the authors may not amend or change the
436     arguments after they are submitted to the lieutenant governor.
437          (g) Except as provided in Subsection (4)(h), the lieutenant governor may not alter the
438     arguments in any way.
439          (h) The lieutenant governor and the authors of an argument may jointly modify an
440     argument after it is submitted if:
441          (i) they jointly agree that changes to the argument must be made to:
442          (A) correct spelling or grammatical errors; or
443          (B) properly characterize the position of a state entity, if the argument mischaracterizes
444     the position of a state entity; and
445          (ii) the argument has not yet been submitted for typesetting.
446          (i) If, after the lieutenant governor determines that an argument described in this
447     section mischaracterizes the position of a state entity, the lieutenant governor and the authors of
448     the argument cannot jointly agree on a change to the argument, the lieutenant governor:
449          (i) shall publish the argument with the mischaracterization; and
450          (ii) may, immediately following the argument, publish a brief description of the
451     position of the state entity.
452          Section 6. Section 20A-7-706 is amended to read:
453          20A-7-706. Copies of arguments to be sent to opposing authors -- Rebuttal
454     arguments.
455          (1) When the lieutenant governor has received the arguments for and against a measure
456     to be submitted to the voters, the lieutenant governor shall immediately send copies of the
457     arguments in favor of the measure to the authors of the arguments against and copies of the
458     arguments against to the authors of the arguments in favor.
459          (2) The authors may prepare and submit rebuttal arguments not exceeding 250 words,

460     not counting the information described in Subsection 20A-7-705(4)(e).
461          (3) (a) The rebuttal arguments shall be filed with the lieutenant governor:
462          (i) for constitutional amendments and referendum petitions, before 5 p.m. no later than
463     [120] 100 days before the date of the election; and
464          (ii) for initiatives, before 5 p.m. no later than July 30.
465          (b) Except as provided in Subsection (3)(d), the authors may not amend or change the
466     rebuttal arguments after they are submitted to the lieutenant governor.
467          (c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
468     arguments in any way.
469          (d) The lieutenant governor and the authors of a rebuttal argument may jointly modify
470     a rebuttal argument after it is submitted if:
471          (i) they jointly agree that changes to the rebuttal argument must be made to correct
472     spelling or grammatical errors; and
473          (ii) the rebuttal argument has not yet been submitted for typesetting.
474          (4) The lieutenant governor shall ensure that:
475          (a) rebuttal arguments are printed in the same manner as the direct arguments; and
476          (b) each rebuttal argument follows immediately after the direct argument which it
477     seeks to rebut.
478          Section 7. Effective date.
479          This bill takes effect on January 1, 2025, if the amendment to the Utah Constitution
480     proposed by S.J.R. 401, Proposal to Amend Utah Constitution - Voter Legislative Power, 2024
481     4th Special Session, passes the Legislature and is approved by a majority of those voting on it
482     at the next regular general election.