Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 255 Second Substitute (2017GS)

Sponsor

Rep. McCay, D.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• when an initiative or a petition for an initiative proposes a tax increase, establishes requirements for providing certain information relating to the percentage of the proposed tax increase, including in the initiative petition, the notice of public hearing, the fiscal impact statement, the voter information pamphlet, and the ballot title; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TAX INCREASE INITIATIVE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions of the Election Code relating to initiatives.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ when an initiative or a petition for an initiative proposes a tax increase, establishes
requirements for providing certain information relating to the percentage of the
proposed tax increase, including in the initiative petition, the notice of public
hearing, the fiscal impact statement, the voter information pamphlet, and the ballot
title; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-7-101
, as last amended by Laws of Utah 2016, Chapters 53, 176, and 365
20A-7-202
, as last amended by Laws of Utah 2011, Chapters 17, 297, and 315
20A-7-202.5
, as last amended by Laws of Utah 2013, Chapter 310
20A-7-203
, as last amended by Laws of Utah 2014, Chapter 329
20A-7-204
, as last amended by Laws of Utah 2011, Chapter 315
20A-7-204.1
, as last amended by Laws of Utah 2013, Chapter 310
20A-7-209
, as last amended by Laws of Utah 2012, Chapter 334
20A-7-402
, as last amended by Laws of Utah 2016, Chapter 53
20A-7-502
, as last amended by Laws of Utah 2011, Chapter 315
20A-7-502.5
, as last amended by Laws of Utah 2014, Chapter 364
20A-7-503
, as last amended by Laws of Utah 2014, Chapter 329
20A-7-508
, as last amended by Laws of Utah 2008, Chapter 315
20A-7-513
, as last amended by Laws of Utah 2014, Chapter 364
20A-7-702
, as last amended by Laws of Utah 2016, Chapter 348
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-7-101
 is amended to read:
20A-7-101.
Definitions.
As used in this chapter:
(1) "Budget officer" means:
(a) for a county, the person designated as budget officer in Section 
17-19a-203
;
(b) for a city, the person designated as budget officer in Subsection 
10-6-106
(5);
(c) for a town, the town council; or
(d) for a metro township, the person described in Subsection (1)(a) for the county in
which the metro township is located. 
(2) "Certified" means that the county clerk has acknowledged a signature as being the
signature of a registered voter.
(3) "Circulation" means the process of submitting an initiative or referendum petition
to legal voters for their signature.
(4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
city, or town that is holding an election on a ballot proposition.
(5) "Final fiscal impact statement" means a financial statement prepared after voters
approve an initiative that contains the information required by Subsection 
20A-7-202.5
(2) or
20A-7-502.5
(2).
(6) "Initial fiscal impact estimate" means:
(a) a financial statement prepared under Section 
20A-7-202.5
 after the filing of an
application for an initiative petition; or
(b) a financial and legal statement prepared under Section 
20A-7-502.5
 or 
20A-7-602.5
for an initiative or referendum petition.
(7) "Initiative" means a new law proposed for adoption by the public as provided in
this chapter.
(8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
law, and the signature sheets, all of which have been bound together as a unit.
(9) "Legal signatures" means the number of signatures of legal voters that:
(a) meet the numerical requirements of this chapter; and
(b) have been certified and verified as provided in this chapter.
(10) "Legal voter" means a person who:
(a) is registered to vote; or
(b) becomes registered to vote before the county clerk certifies the signatures on an
initiative or referendum petition.
(11) "Local attorney" means the county attorney, city attorney, or town attorney in
whose jurisdiction a local initiative or referendum petition is circulated.
(12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
jurisdiction a local initiative or referendum petition is circulated.
(13) (a) "Local law" includes:
(i) an ordinance;
(ii) a resolution;
(iii) a master plan;
(iv) a comprehensive zoning regulation adopted by ordinance or resolution; or
(v) other legislative action of a local legislative body. 
(b) "Local law" does not include an individual property zoning decision.
(14) "Local legislative body" means the legislative body of a county, city, town, or
metro township.
(15) "Local obligation law" means a local law passed by the local legislative body
regarding a bond that was approved by a majority of qualified voters in an election.
(16) "Local tax law" means a law, passed by a political subdivision with an annual or
biannual calendar fiscal year, that increases a tax or imposes a new tax.
(17) "Measure" means a proposed constitutional amendment, an initiative, or
referendum.
(18) "Referendum" means a process by which a law passed by the Legislature or by a
local legislative body is submitted or referred to the voters for their approval or rejection.
(19) "Referendum packet" means a copy of the referendum petition, a copy of the law
being submitted or referred to the voters for their approval or rejection, and the signature
sheets, all of which have been bound together as a unit.
(20) (a) "Signature" means a holographic signature.
(b) "Signature" does not mean an electronic signature.
(21) "Signature sheets" means sheets in the form required by this chapter that are used
to collect signatures in support of an initiative or referendum.
(22) "Sponsors" means the legal voters who support the initiative or referendum and
who sign the application for petition copies.
(23) "Sufficient" means that the signatures submitted in support of an initiative or
referendum petition have been certified and verified as required by this chapter.
(24) "Tax percentage difference" means the difference between the tax rate proposed
by an initiative or an initiative petition and the current tax rate.
(25) "Tax percentage increase" means a number calculated by dividing the tax
percentage difference by the current tax rate and rounding the result to the nearest thousandth.
[
(24)
] 
(26)
 "Verified" means acknowledged by the person circulating the petition as
required in Sections 
20A-7-205
 and 
20A-7-305
.
Section 2. Section 
20A-7-202
 is amended to read:
20A-7-202.
Statewide initiative process -- Application procedures -- Time to
gather signatures -- Grounds for rejection.
(1) Persons wishing to circulate an initiative petition shall file an application with the
lieutenant governor.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the initiative petition;
(b) a statement indicating that each of the sponsors:
(i) is a resident of Utah; and
(ii) has voted in a regular general election in Utah within the last three years;
(c) the signature of each of the sponsors, attested to by a notary public;
(d) a copy of the proposed law that includes:
(i) the title of the proposed law, which clearly expresses the subject of the law; and
(ii) the text of the proposed law; [
and
]
(e) if the initiative petition proposes a tax increase, the following statement, "This
initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; and
[
(e)
] 
(f)
 a statement indicating whether [
or not
] persons gathering signatures for the
petition may be paid for doing so.
(3) The application and its contents are public when filed with the lieutenant governor.
(4) If the petition fails to qualify for the ballot of the election described in Subsection
20A-7-201
(2)(b), the sponsors shall:
(a) submit a new application;
(b) obtain new signature sheets; and
(c) collect signatures again.
(5) The lieutenant governor shall reject the application or application addendum filed
under Subsection 
20A-7-204.1
[
(4)
]
(5)
 and not issue circulation sheets if:
(a) the law proposed by the initiative is patently unconstitutional;
(b) the law proposed by the initiative is nonsensical;
(c) the proposed law could not become law if passed;
(d) the proposed law contains more than one subject as evaluated in accordance with
Subsection (6);
(e) the subject of the proposed law is not clearly expressed in the law's title; or
(f) the law proposed by the initiative is identical or substantially similar to a law
proposed by an initiative that was submitted to the county clerks and lieutenant governor for
certification and evaluation within two years preceding the date on which the application for
this initiative was filed.
(6) To evaluate whether the proposed law contains more than one subject under
Subsection (5)(d), the lieutenant governor shall apply the same standard provided in Utah
Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
than one subject.
Section 3. Section 
20A-7-202.5
 is amended to read:
20A-7-202.5.
Initial fiscal impact estimate -- Preparation of estimate -- Challenge
to estimate.
(1) Within three working days of receipt of an application for an initiative petition, the
lieutenant governor shall submit a copy of the application to the Governor's Office of
Management and Budget.
(2) (a) The Governor's Office of Management and Budget shall prepare an unbiased,
good faith estimate of the fiscal impact of the law proposed by the initiative that contains:
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
the total estimated increase or decrease for each type of tax affected under the proposed law
and a dollar amount representing the total estimated increase or decrease in taxes under the
proposed law;
(iii) if the proposed law would increase taxes, the tax percentage difference and the tax
percentage increase;
[
(iii)
] 
(iv)
 if the proposed law would result in the issuance or a change in the status of
bonds, notes, or other debt instruments, a dollar amount representing the total estimated
increase or decrease in public debt under the proposed law;
[
(iv)
] 
(v)
 a listing of all sources of funding for the estimated costs associated with the
proposed law showing each source of funding and the percentage of total funding provided
from each source;
[
(v)
] 
(vi)
 a dollar amount representing the estimated costs or savings, if any, to state
and local government entities under the proposed law; and
[
(vi)
] 
(vii)
 a concise explanation, not exceeding 100 words, of the above information
and of the estimated fiscal impact, if any, under the proposed law.
(b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
of Management and Budget shall include a summary statement in the initial fiscal impact
statement in substantially the following form:
"The Governor's Office of Management and Budget estimates that the law proposed by
this initiative would have no significant fiscal impact and would not result in either an increase
or decrease in taxes or debt."
(ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
Management and Budget shall include a summary statement in the initial fiscal impact estimate
in substantially the following form:
"The Governor's Office of Management and Budget estimates that the law proposed by
this initiative would result in a total fiscal expense/savings of $______, which includes a (type
of tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state
debt."
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
difficult to reasonably express in a summary statement, the Governor's Office of Management
and Budget may include in the summary statement a brief explanation that identifies those
factors affecting the variability or difficulty of the estimate.
(iv) If the proposed law imposes a tax increase, the Governor's Office of Management
and Budget shall include a summary statement in the initial fiscal impact estimate in
substantially the following form:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
(3) The Governor's Office of Management and Budget shall prepare an unbiased, good
faith estimate of the cost of printing and distributing information related to the initiative
petition in:
(a) the voter information pamphlet as required by Title 20A, Chapter 7, Part 7, Voter
Information Pamphlet; or
(b) the newspaper, as required by Section 
20A-7-702
.
(4) Within 25 calendar days from the date that the lieutenant governor delivers a copy
of the application, the Governor's Office of Management and Budget shall:
(a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
office; and
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
the initiative application.
(5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days of
the date of delivery of the initial fiscal impact estimate to the lieutenant governor's office, file a
petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
whole, is an inaccurate estimate of the fiscal impact of the initiative.
(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
to send notice of the petition to:
(A) any person or group that has filed an argument with the lieutenant governor's office
for or against the measure that is the subject of the challenge; and
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the initiative.
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
Governor's Office of Management and Budget is based upon reasonable assumptions, uses
reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
of the initiative.
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
statement of the estimated fiscal impact of the initiative.
(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
to a master to examine the issue and make a report in accordance with Utah Rules of Civil
Procedure, Rule 53.
(c) The Supreme Court shall certify to the lieutenant governor a fiscal impact estimate
for the measure that meets the requirements of this section.
Section 4. Section 
20A-7-203
 is amended to read:
20A-7-203.
Form of initiative petition and signature sheets.
(1) (a) Each proposed initiative petition shall be printed in substantially the following
form:
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
regular general election/session to be held/ beginning on _________(month\day\year);
Each signer says:
I have personally signed this petition;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name.
NOTICE TO SIGNERS:
Public hearings to discuss this petition were held at: (list dates and locations of public
hearings.)"
(b) If the initiative petition proposes a tax increase, the following statement shall
appear, in at least 14-point, bold type, immediately following the information described in
Subsection (1)(a):
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
[
(b)
] 
(c)
 The sponsors of an initiative shall attach a copy of the proposed law to each
initiative petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the initiative printed below the horizontal line;
(d) contain the initial fiscal impact estimate's summary statement issued by the
Governor's Office of Management and Budget according to Subsection 
20A-7-202.5
(2)(b),
including any update according to Subsection 
20A-7-204.1
[
(4)
]
(5)
, and the cost estimate for
printing and distributing information related to the initiative petition according to Subsection
20A-7-202.5
(3), printed or typed in not less than 12-point, bold type, at the top of each
signature sheet under the title of the initiative;
(e) contain the word "Warning" printed or typed at the top of each signature sheet
under the initial fiscal impact estimate's summary statement;
(f) contain, to the right of the word "Warning," the following statement printed or
typed in not less than eight-point, single-leaded type:
"It is a class A misdemeanor for [
anyone
] 
an individual
 to sign any initiative petition
with any other name than [
his
] 
the individual's
 own, or knowingly to sign [
his
] 
the individual's
name more than once for the same measure, or to sign an initiative petition when [
he
] 
the
individual
 knows [
he
] 
that the individual
 is not a registered voter and knows that [
he
] 
the
individual
 does not intend to become registered to vote before the certification of the petition
names by the county clerk."; and
(g) be vertically divided into columns as follows:
(i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
Voter";
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
and
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code";
(h) spanning the sheet horizontally beneath each row on which a registered voter may
submit the information described in Subsection (2)(g), contain the following statement printed
or typed in not less than eight-point, single-leaded type:
"By signing this petition, you are stating that you have read and understand the law
proposed by this petition."; [
and
]
(i) if the initiative petition proposes a tax increase, spanning the sheet horizontally
beneath each row on which a registered voter may submit the information described in
Subsection (2)(g), contain the following statement printed or typed in not less than eight-point,
bold type:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."; and
[
(i)
] 
(j)
 at the bottom of the sheet, contain the following statement: "Birth date or age
information is not required, but it may be used to verify your identity with voter registration
records. If you choose not to provide it, your signature may not be verified as a valid signature
if you change your address before petition signatures are verified or if the information you
provide does not match your voter registration records."
(3) The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am a resident of Utah and am at least 18 years old;
All the names that appear in this packet were signed by [
persons
] 
individuals
 who
professed to be the [
persons
] 
individuals
 whose names appear in it, and each of [
them
] 
the
individuals
 signed [
his
] 
the individual's
 name on it in my presence;
I believe that each 
individual
 has printed and signed [
his
] 
the individual's
 name and
written [
his
] 
the individual's
 post office address and residence correctly, and that each signer is
registered to vote in Utah or intends to become registered to vote before the certification of the
petition names by the county clerk.
I have not paid or given anything of value to any person who signed this petition to
encourage that person to sign it.
________________________________________________________________________
(Name) (Residence Address) (Date)"
(4) The forms prescribed in this section are not mandatory, and, if substantially
followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
errors.
Section 5. Section 
20A-7-204
 is amended to read:
20A-7-204.
Circulation requirements -- Lieutenant governor to provide sponsors
with materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors shall circulate initiative packets that meet the form requirements of this part.
(2) The lieutenant governor shall furnish to the sponsors:
(a) a copy of the initiative petition, with any change submitted under Subsection
20A-7-204.1
[
(4)
]
(5)
; and
(b) one signature sheet.
(3) The sponsors of the petition shall:
(a) arrange and pay for the printing of all additional copies of the petition and signature
sheets; and
(b) ensure that the copies of the petition and signature sheets meet the form
requirements of this section.
(4) (a) The sponsors may prepare the initiative for circulation by creating multiple
initiative packets.
(b) The sponsors shall create those packets by binding a copy of the initiative petition,
a copy of the proposed law, and no more than 50 signature sheets together at the top in such a
way that the packets may be conveniently opened for signing.
(c) The sponsors need not attach a uniform number of signature sheets to each
initiative packet.
(5) (a) After the sponsors have prepared sufficient initiative packets, they shall return
them to the lieutenant governor.
(b) The lieutenant governor shall:
(i) number each of the initiative packets and return them to the sponsors within five
working days; and
(ii) keep a record of the numbers assigned to each packet.
Section 6. Section 
20A-7-204.1
 is amended to read:
20A-7-204.1.
Public hearings to be held before initiative petitions are circulated --
Changes to an initiative and initial fiscal impact estimate.
(1) (a) After issuance of the initial fiscal impact estimate by the Governor's Office of
Management and Budget and before circulating initiative petitions for signature statewide,
sponsors of the initiative petition shall hold at least seven public hearings throughout Utah as
follows:
(i) one in the Bear River region -- Box Elder, Cache, or Rich County;
(ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
County;
(iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
(iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
County;
(v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
(vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
(vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
County.
(b) Of the seven meetings, at least two of the meetings shall be held in a first or second
class county, but not in the same county.
(2) At least three calendar days before the date of the public hearing, the sponsors
shall:
(a) provide written notice of the public hearing to:
(i) the lieutenant governor for posting on the state's website; and
(ii) each state senator, state representative, and county commission or county council
member who is elected in whole or in part from the region where the public hearing will be
held; and
(b) publish written notice of the public hearing detailing its time, date, and location:
(i) in at least one newspaper of general circulation in each county in the region where
the public hearing will be held; and
(ii) on the Utah Public Notice Website created in Section 
63F-1-701
.
(3) If the initiative petition proposes a tax increase, the written notice described in
Subsection (2) shall include the following statement, in bold, in the same font and point size as
the largest font and point size appearing in the notice:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
[
(3)
] 
(4)
 (a) During the public hearing, the sponsors shall either:
(i) video tape or audio tape the public hearing and, when the hearing is complete,
deposit the complete audio or video tape of the meeting with the lieutenant governor; or
(ii) take comprehensive minutes of the public hearing, detailing the names and titles of
each speaker and summarizing each speaker's comments.
(b) The lieutenant governor shall make copies of the tapes or minutes available to the
public.
[
(4)
] 
(5)
 (a) Within 14 days after conducting the seventh public hearing required by
Subsection (1)(a) and before circulating an initiative petition for signatures, the sponsors of the
initiative petition may change the text of the proposed law if:
(i) a change to the text is:
(A) germane to the text of the proposed law filed with the lieutenant governor under
Section 
20A-7-202
; and
(B) consistent with the requirements of Subsection 
20A-7-202
(5); and
(ii) each sponsor signs, attested to by a notary public, an application addendum to
change the text of the proposed law.
(b) (i) Within three working days of receipt of an application addendum to change the
text of the proposed law in an initiative petition, the lieutenant governor shall submit a copy of
the application addendum to the Governor's Office of Management and Budget.
(ii) The Governor's Office of Management and Budget shall update the initial fiscal
impact estimate by following the procedures and requirements of Section 
20A-7-202.5
 to
reflect a change to the text of the proposed law.
Section 7. Section 
20A-7-209
 is amended to read:
20A-7-209.
Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) By June 5 before the regular general election, the lieutenant governor shall deliver a
copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
and give it a number as assigned under Section 
20A-6-107
;
(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
measure; and
(iii) return each petition and ballot title to the lieutenant governor by June 26.
(b) The ballot title may be distinct from the title of the proposed law attached to the
initiative petition, and shall be not more than 100 words.
(c) If the initiative proposes a tax increase, the Office of Legislative Research and
General Counsel shall include the following statement, in bold, in the ballot title:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
[
(c)
] 
(d)
 For each state initiative, the official ballot shall show:
(i) the number of the initiative as determined by the Office of Legislative Research and
General Counsel;
(ii) the ballot title as determined by the Office of Legislative Research and General
Counsel; and
(iii) the initial fiscal impact estimate prepared under Section 
20A-7-202.5
 or updated
under Section 
20A-7-204.1
.
(3) By June 27, the lieutenant governor shall mail a copy of the ballot title to any
sponsor of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, by July 6, challenge the
wording of the ballot title prepared by the Office of Legislative Research and General Counsel
to the Supreme Court.
(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
to send notice of the appeal to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; or
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the initiative.
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the initiative.
(ii) The Supreme Court may not revise the wording of the ballot title unless the
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
patently false or biased.
(c) The Supreme Court shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) certify to the lieutenant governor a ballot title for the measure that meets the
requirements of this section.
(d) The lieutenant governor shall certify the title verified by the Supreme Court to the
county clerks to be printed on the official ballot.
Section 8. Section 
20A-7-402
 is amended to read:
20A-7-402.
Local voter information pamphlet -- Contents -- Limitations --
Preparation -- Statement on front cover.
(1) The county or municipality that is subject to a ballot proposition shall prepare a
local voter information pamphlet that meets the requirements of this part.
(2) (a) The arguments for or against a ballot proposition shall conform to the
requirements of this section.
(b) To prepare an argument for or against a ballot proposition, an eligible voter shall
file a request with the election officer at least 65 days before the election at which the ballot
proposition is to be voted on.
(c) If more than one eligible voter requests the opportunity to prepare an argument for
or against a ballot proposition, the election officer shall make the final designation according to
the following criteria:
(i) sponsors have priority in preparing an argument regarding a ballot proposition; and
(ii) members of the local legislative body have priority over others.
(d) (i) Except as provided in Subsection (2)(e), a sponsor of a ballot proposition may
prepare an argument in favor of the ballot proposition.
(ii) Except as provided in Subsection (2)(e), and subject to Subsection (2)(c), an
eligible voter opposed to the ballot proposition who submits a request under Subsection (2)(b)
may prepare an argument against the ballot proposition.
(e) (i) For a referendum, subject to Subsection (2)(c), an eligible voter who is in favor
of a law that is referred to the voters and who submits a request under Subsection (2)(b) may
prepare an argument for adoption of the law.
(ii) The sponsors of a referendum may prepare an argument against the adoption of a
law that is referred to the voters.
(f) An eligible voter who submits an argument under this section shall:
(i) ensure that the argument does not exceed 500 words in length;
(ii) ensure that the argument does not list more than five names as sponsors;
(iii) submit the argument to the election officer no later than 60 days before the
election day on which the ballot proposition will be submitted to the voters; and
(iv) include with the argument the eligible voter's name, residential address, postal
address, email address if available, and phone number.
(g) An election officer shall refuse to accept and publish an argument that is submitted
after the deadline described in Subsection (2)(f)(iii).
(3) (a) An election officer who timely receives the arguments in favor of and against a
ballot proposition shall, within one business day after the day on which the election office
receives both arguments, send, via mail or email:
(i) a copy of the argument in favor of the ballot proposition to the eligible voter who
submitted the argument against the ballot proposition; and
(ii) a copy of the argument against the ballot proposition to the eligible voter who
submitted the argument in favor of the ballot proposition.
(b) The eligible voter who submitted a timely argument in favor of the ballot
proposition:
(i) may submit to the election officer a rebuttal argument of the argument against the
ballot proposition;
(ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
(iii) shall submit the rebuttal argument no later than 45 days before the election day on
which the ballot proposition will be submitted to the voters.
(c) The eligible voter who submitted a timely argument against the ballot proposition:
(i) may submit to the election officer a rebuttal argument of the argument in favor of
the ballot proposition;
(ii) shall ensure that the rebuttal argument does not exceed 250 words in length; and
(iii) shall submit the rebuttal argument no later than 45 days before the election day on
which the ballot proposition will be submitted to the voters.
(d) An election officer shall refuse to accept and publish a rebuttal argument that is
submitted after the deadline described in Subsection (3)(b)(iii) or (3)(c)(iii).
(4) (a) Except as provided in Subsection (4)(b):
(i) an eligible voter may not modify an argument or rebuttal argument after the eligible
voter submits the argument or rebuttal argument to the election officer; and
(ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
modify an argument or rebuttal argument.
(b) The election officer, and the eligible voter who submits an argument or rebuttal
argument, may jointly agree to modify an argument or rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; and
(ii) reduce the number of words to come into compliance with the requirements of this
section.
(c) An election officer shall refuse to accept and publish an argument or rebuttal
argument if the eligible voter who submits the argument or rebuttal argument fails to negotiate,
in good faith, to modify the argument or rebuttal argument in accordance with Subsection
(4)(b).
(5) An election officer may designate another eligible voter to take the place of an
eligible voter described in this section if the original eligible voter is, due to injury, illness,
death, or another circumstance, unable to continue to fulfill the duties of an eligible voter
described in this section.
(6) 
(a)
 The local voter information pamphlet shall include a copy of the initial fiscal
impact estimate prepared for each initiative under Section 
20A-7-502.5
.
(b) If the initiative proposes a tax increase, the local voter information pamphlet shall
include the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(7) (a) In preparing the local voter information pamphlet, the election officer shall:
(i) ensure that the arguments are printed on the same sheet of paper upon which the
ballot proposition is also printed;
(ii) ensure that the following statement is printed on the front cover or the heading of
the first page of the printed arguments:
"The arguments for or against a ballot proposition are the opinions of the authors.";
(iii) pay for the printing and binding of the local voter information pamphlet; and
(iv) distribute either the pamphlets or the notice described in Subsection (7)(c) either by
mail or carrier not less than 15 days before, but not more than 45 days before, the election at
which the ballot propositions are to be voted upon.
(b) (i) If the proposed measure exceeds 500 words in length, the election officer may
summarize the measure in 500 words or less.
(ii) The summary shall state where a complete copy of the ballot proposition is
available for public review.
(c) (i) The election officer may distribute a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter information
pamphlet by mail.
(ii) The notice described in Subsection (7)(c)(i) shall include:
(A) the address of the Statewide Electronic Voter Information Website authorized by
Section 
20A-7-801
; and
(B) the phone number a voter may call to request delivery of a voter information
pamphlet by mail or carrier.
Section 9. Section 
20A-7-502
 is amended to read:
20A-7-502.
Local initiative process -- Application procedures.
(1) Persons wishing to circulate an initiative petition shall file an application with the
local clerk.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the initiative petition;
(b) a statement indicating that each of the sponsors:
(i) is a registered voter; and
(ii) (A) if the initiative seeks to enact a county ordinance, has voted in a regular general
election in Utah within the last three years; or
(B) if the initiative seeks to enact a municipal ordinance, has voted in a regular
municipal election in Utah:
(I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
(II) within the last five years, if the sponsor's failure to vote within the last three years
is due to the sponsor's residing in a municipal district that participates in a municipal election
every four years;
(c) the signature of each of the sponsors, attested to by a notary public; [
and
]
(d) a copy of the proposed law that includes:
(i) the title of the proposed law, which clearly expresses the subject of the law; and
(ii) the text of the proposed law[
.
]
; and
(e) if the initiative petition proposes a tax increase, the following statement, "This
initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(3) A proposed law submitted under this section may not contain more than one subject
to the same extent a bill may not pass containing more than one subject as provided in Utah
Constitution, Article VI, Section 22.
Section 10. Section 
20A-7-502.5
 is amended to read:
20A-7-502.5.
Initial fiscal and legal impact estimate -- Preparation of estimate --
Challenge to estimate.
(1) Within three working days of receipt of an application for an initiative petition, the
local clerk shall submit a copy of the application to the county, city, or town's budget officer.
(2) (a) The budget officer, together with legal counsel, shall prepare an unbiased, good
faith estimate of the fiscal and legal impact of the law proposed by the initiative that contains:
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
the total estimated increase or decrease for each type of tax affected under the proposed law
and a dollar amount representing the total estimated increase or decrease in taxes under the
proposed law;
(iii) if the proposed law would increase taxes, the tax percentage difference and the tax
percentage increase;
[
(iii)
] 
(iv)
 if the proposed law would result in the issuance or a change in the status of
bonds, notes, or other debt instruments, a dollar amount representing the total estimated
increase or decrease in public debt under the proposed law;
[
(iv)
] 
(v)
 a listing of all sources of funding for the estimated costs associated with the
proposed law showing each source of funding and the percentage of total funding provided
from each source;
[
(v)
] 
(vi)
 a dollar amount representing the estimated costs or savings, if any, to state
and local government entities under the proposed law;
[
(vi)
] 
(vii)
 the proposed law's legal impact, including:
(A) any significant effects on a person's vested property rights;
(B) any significant effects on other laws or ordinances;
(C) any significant legal liability the city, county, or town may incur; and
(D) any other significant legal impact as determined by the budget officer and the legal
counsel; and
[
(vii)
] 
(viii)
 a concise explanation, not exceeding 100 words, of the above information
and of the estimated fiscal impact, if any, under the proposed law.
(b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
shall include a summary statement in the initial fiscal impact statement in substantially the
following form:
"The (title of the local budget officer) estimates that the law proposed by this initiative
would have no significant fiscal impact and would not result in either an increase or decrease in
taxes or debt."
(ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
shall include a summary statement in the initial fiscal impact estimate in substantially the
following form:
"The (title of the local budget officer) estimates that the law proposed by this initiative
would result in a total fiscal expense/savings of $______, which includes a (type of tax or
taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
difficult to reasonably express in a summary statement, the local budget officer may include in
the summary statement a brief explanation that identifies those factors affecting the variability
or difficulty of the estimate.
(iv) If the proposed law would increase taxes, the local budget officer shall include a
summary statement in the initial fiscal impact statement in substantially the following form:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
(3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
printing and distributing information related to the initiative petition in the voter information
pamphlet as required by Section 
20A-7-402
.
(4) Within 25 calendar days from the date that the local clerk delivers a copy of the
application, the budget officer shall:
(a) deliver a copy of the initial fiscal impact estimate, including the legal impact
estimate, to the local clerk's office; and
(b) mail a copy of the initial fiscal impact estimate, including the legal impact estimate,
to the first five sponsors named in the application.
(5) (a) Three or more of the sponsors of the petition may, within 20 calendar days of
the date of delivery of the initial fiscal impact estimate to the local clerk's office, file a petition
with the Supreme Court, alleging that the initial fiscal impact estimate, including the legal
impact estimate, taken as a whole, is an inaccurate estimate of the fiscal or legal impact of the
initiative.
(b) (i) There is a presumption that the initial fiscal impact estimate, including the legal
impact estimate, prepared by the budget officer and legal counsel is based upon reasonable
assumptions, uses reasonable data, and applies accepted analytical methods to present the
estimated fiscal and legal impact of the initiative.
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
initial fiscal impact estimate, including the legal impact estimate, unless the plaintiffs rebut the
presumption by clear and convincing evidence that establishes that the fiscal estimate,
including the legal impact estimate, taken as a whole, is an inaccurate statement of the
estimated fiscal or legal impact of the initiative.
(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate,
including the legal impact estimate, to a master to examine the issue and make a report in
accordance with Utah Rules of Civil Procedure, Rule 53.
(c) The Supreme Court shall certify to the local clerk an initial fiscal impact estimate,
including the legal impact estimate, for the measure that meets the requirements of this section.
Section 11. Section 
20A-7-503
 is amended to read:
20A-7-503.
Form of initiative petitions and signature sheets.
(1) (a) Each proposed initiative petition shall be printed in substantially the following
form:
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
Clerk:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to: the legislative body for its approval or rejection at its next meeting; and
the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
no action on it.
Each signer says:
I have personally signed this petition;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name."
(b) If the initiative petition proposes a tax increase, the following statement shall
appear, in at least 14-point, bold type, immediately following the information described in
Subsection (1)(a):
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
[
(b)
] 
(c)
 The sponsors of an initiative shall attach a copy of the proposed law to each
initiative petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the initiative printed below the horizontal line;
(d) contain the initial fiscal impact estimate's summary statement issued by the budget
officer according to Subsection 
20A-7-502.5
(2)(b) and the cost estimate for printing and
distributing information related to the initiative petition according to Subsection
20A-7-502.5
(3) printed or typed in not less than 12-point, bold type, at the top of each
signature sheet under the title of the initiative;
(e) contain the word "Warning" printed or typed at the top of each signature sheet
under the initial fiscal impact estimate's summary statement;
(f) contain, to the right of the word "Warning," the following statement printed or
typed in not less than eight-point, single-leaded type:
"It is a class A misdemeanor for [
anyone
] 
an individual
 to sign any initiative petition
with any other name than [
his
] 
the individual's
 own, or knowingly to sign [
his
] 
the individual's
name more than once for the same measure, or to sign an initiative petition when [
he
] 
the
individual
 knows [
he
] 
the individual
 is not a registered voter and knows that [
he
] 
the individual
does not intend to become registered to vote before the certification of the petition names by
the county clerk.";
(g) contain horizontally ruled lines three-eighths inch apart under the "Warning"
statement required by this section;
(h) be vertically divided into columns as follows:
(i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
wide, be headed with "For Office Use Only", and be subdivided with a light vertical line down
the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
Voter";
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
and
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code";
(i) spanning the sheet horizontally beneath each row on which a registered voter may
submit the information described in Subsection (2)(h), contain the following statement printed
or typed in not less than eight-point, single-leaded type:
"By signing this petition, you are stating that you have read and understand the law
proposed by this petition."; [
and
]
(j) if the initiative petition proposes a tax increase, spanning the sheet horizontally
beneath each row on which a registered voter may submit the information described in
Subsection (2)(h), contain the following statement printed or typed in not less than eight-point,
bold type:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."; and
[
(j)
] 
(k)
 at the bottom of the sheet, contain the following statement: "Birth date or age
information is not required, but it may be used to verify your identity with voter registration
records. If you choose not to provide it, your signature may not be verified as a valid signature
if you change your address before petition signatures are verified or if the information you
provide does not match your voter registration records."
(3) The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state that:
I am a resident of Utah and am at least 18 years old;
All the names that appear in this initiative packet were signed by [
persons
] 
the
individuals
 who professed to be the [
persons
] 
individuals
 whose names appear in it, and each
of [
them
] 
the individuals
 signed [
his
] 
the individual's
 name on it in my presence;
I believe that each 
individual
 has printed and signed [
his
] 
the individual's
 name and
written [
his
] 
the individual's
 post office address and residence correctly, and that each signer is
registered to vote in Utah or intends to become registered to vote before the certification of the
petition names by the county clerk.
_____________________________"
(4) The forms prescribed in this section are not mandatory, and, if substantially
followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
errors.
Section 12. Section 
20A-7-508
 is amended to read:
20A-7-508.
Ballot title -- Duties of local clerk and local attorney.
(1) Whenever an initiative petition is declared sufficient for submission to a vote of the
people, the local clerk shall deliver a copy of the petition and the proposed law to the local
attorney.
(2) The local attorney shall:
(a) entitle each county or municipal initiative that has qualified for the ballot
"Proposition Number __" and give it a number as assigned under Section 
20A-6-107
;
(b) prepare a proposed ballot title for the initiative;
(c) file the proposed ballot title and the numbered initiative titles with the local clerk
within 15 days after the date the initiative petition is declared sufficient for submission to a
vote of the people; and
(d) promptly provide notice of the filing of the proposed ballot title to:
(i) the sponsors of the petition; and
(ii) the local legislative body for the jurisdiction where the initiative petition was
circulated.
(3) (a) The ballot title may be distinct from the title of the proposed law attached to the
initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
(b) In preparing a ballot title, the local attorney shall, to the best of [
his
] 
the local
attorney's
 ability, give a true and impartial statement of the purpose of the measure.
(c) The ballot title may not intentionally be an argument, or likely to create prejudice,
for or against the measure.
(d) If the initiative proposes a tax increase, the local attorney shall include the
following statement, in bold, in the ballot title:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(4) (a) Within five calendar days after the date the local attorney files a proposed ballot
title under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative
petition was circulated and the sponsors of the petition may file written comments in response
to the proposed ballot title with the local clerk.
(b) Within five calendar days after the last date to submit written comments under
Subsection (4)(a), the local attorney shall:
(i) review any written comments filed in accordance with Subsection (4)(a);
(ii) prepare a final ballot title that meets the requirements of Subsection (3); and
(iii) return the petition and file the ballot title with the local clerk.
(c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
be printed on the official ballot.
(5) Immediately after the local attorney files a copy of the ballot title with the local
clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
petition and the local legislative body for the jurisdiction where the initiative petition was
circulated.
(6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
comply with the requirements of this section, the decision of the local attorney may be
appealed by a petition to the Supreme Court that is brought by:
(i) at least three sponsors of the initiative petition; or
(ii) a majority of the local legislative body for the jurisdiction where the initiative
petition was circulated.
(b) The Supreme Court shall examine the measures and consider arguments, and, in its
decision, may certify to the local clerk a ballot title for the measure that fulfills the intent of this
section.
(c) The local clerk shall print the title certified by the Supreme Court on the official
ballot.
Section 13. Section 
20A-7-513
 is amended to read:
20A-7-513.
Fiscal review -- Repeal, amendment, or resubmission.
(1) No later than 60 days after the date of an election in which the voters approve an
initiative petition, the budget officer shall:
(a) for each initiative approved by the voters, prepare a final fiscal impact statement,
using current financial information and containing the information required by Subsection
20A-7-502.5
(2), except for the information required by Subsection
20A-7-502.5
(2)(a)[
(vi)
]
(vii)
; and
(b) deliver a copy of the final fiscal impact statement to:
(i) the local legislative body of the jurisdiction where the initiative was circulated;
(ii) the local clerk; and
(iii) the first five sponsors listed on the initiative application.
(2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
or more, the local legislative body shall review the final fiscal impact statement and may, by a
majority vote:
(a) repeal the law established by passage of the initiative;
(b) amend the law established by the passage of the initiative; or
(c) pass a resolution informing the voters that they may file an initiative petition to
repeal the law enacted by the passage of the initiative.
Section 14. Section 
20A-7-702
 is amended to read:
20A-7-702.
Voter information pamphlet -- Form -- Contents -- Distribution.
(1) The lieutenant governor shall ensure that all information submitted for publication
in the voter information pamphlet is:
(a) printed and bound in a single pamphlet;
(b) printed in clear readable type, no less than 10 point, except that the text of any
measure may be set forth in eight-point type; and
(c) printed on a quality and weight of paper that best serves the voters.
(2) The voter information pamphlet shall contain the following items in this order:
(a) a cover title page;
(b) an introduction to the pamphlet by the lieutenant governor;
(c) a table of contents;
(d) a list of all candidates for constitutional offices;
(e) a list of candidates for each legislative district;
(f) a 100-word statement of qualifications for each candidate for the office of governor,
lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
candidate to the lieutenant governor's office before 5 p.m. on the date that falls 105 days before
the date of the election;
(g) information pertaining to all measures to be submitted to the voters, beginning a
new page for each measure and containing, in the following order for each measure:
(i) a copy of the number and ballot title of the measure;
(ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
the Legislature or by referendum;
(iii) the impartial analysis of the measure prepared by the Office of Legislative
Research and General Counsel;
(iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
measure, the arguments against the measure, and the rebuttal to the arguments against the
measure, with the name and title of the authors at the end of each argument or rebuttal;
(v) for each constitutional amendment, a complete copy of the text of the constitutional
amendment, with all new language underlined, and all deleted language placed within brackets;
(vi) for each initiative qualified for the ballot[
,
]
:
(A)
 a copy of the measure as certified by the lieutenant governor and a copy of the
fiscal impact estimate prepared according to Section 
20A-7-202.5
; and
(B) if the initiative proposes a tax increase, the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; and
(vii) for each referendum qualified for the ballot, a complete copy of the text of the law
being submitted to the voters for their approval or rejection, with all new language underlined
and all deleted language placed within brackets, as applicable;
(h) a description provided by the Judicial Performance Evaluation Commission of the
selection and retention process for judges, including, in the following order:
(i) a description of the judicial selection process;
(ii) a description of the judicial performance evaluation process;
(iii) a description of the judicial retention election process;
(iv) a list of the criteria of the judicial performance evaluation and the minimum
performance standards;
(v) the names of the judges standing for retention election; and
(vi) for each judge:
(A) a list of the counties in which the judge is subject to retention election;
(B) a short biography of professional qualifications and a recent photograph;
(C) a narrative concerning the judge's performance;
(D) for each standard of performance, a statement identifying whether or not the judge
met the standard and, if not, the manner in which the judge failed to meet the standard;
(E) a statement identifying whether or not the Judicial Performance Evaluation
Commission recommends the judge be retained or declines to make a recommendation and the
number of votes for and against the commission's recommendation;
(F) any statement provided by a judge who is not recommended for retention by the
Judicial Performance Evaluation Commission under Section 
78A-12-203
;
(G) in a bar graph, the average of responses to each survey category, displayed with an
identification of the minimum acceptable score as set by Section 
78A-12-205
 and the average
score of all judges of the same court level; and
(H) a website address that contains the Judicial Performance Evaluation Commission's
report on the judge's performance evaluation;
(i) for each judge, a statement provided by the Utah Supreme Court identifying the
cumulative number of informal reprimands, when consented to by the judge in accordance with
Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
VIII, Section 13, during the judge's current term and the immediately preceding term, and a
detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
that the judge has received;
(j) an explanation of ballot marking procedures prepared by the lieutenant governor,
indicating the ballot marking procedure used by each county and explaining how to mark the
ballot for each procedure;
(k) voter registration information, including information on how to obtain an absentee
ballot;
(l) a list of all county clerks' offices and phone numbers; and
(m) on the back cover page, a printed copy of the following statement signed by the
lieutenant governor:
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
correct according to law.
SEAL
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
of ____ (month), ____ (year)
(signed) ____________________________________
Lieutenant Governor"
(3) No earlier than 75 days, and no later than 15 days, before the day on which voting
commences, the lieutenant governor shall:
(a) (i) distribute one copy of the voter information pamphlet to each household within
the state;
(ii) distribute to each household within the state a notice:
(A) printed on a postage prepaid, preaddressed return form that a person may use to
request delivery of a voter information pamphlet by mail;
(B) that states the address of the Statewide Electronic Voter Information Website
authorized by Section 
20A-7-801
; and
(C) that states the phone number a voter may call to request delivery of a voter
information pamphlet by mail; or
(iii) ensure that one copy of the voter information pamphlet is placed in one issue of
every newspaper of general circulation in the state;
(b) ensure that a sufficient number of printed voter information pamphlets are available
for distribution as required by this section;
(c) provide voter information pamphlets to each county clerk for free distribution upon
request and for placement at polling places; and
(d) ensure that the distribution of the voter information pamphlets is completed 15 days
before the election.
(4) The lieutenant governor may distribute a voter information pamphlet at a location
frequented by a person who cannot easily access the Statewide Electronic Voter Information
Website authorized by Section 
20A-7-801
.
Legislative Review Note
Office of Legislative Research and General Counsel