Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 225 Fourth Substitute (2018GS)

Sponsor

Rep. Daw, B.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• provides for the publication of a proposition information pamphlet to inform voters of arguments for and against proposed and pending local initiatives and referenda;
• amends provisions relating to a local voter information pamphlet;
• enacts provisions for holding a public hearing to discuss and present arguments relating to a proposed or pending local initiative or referendum;
• modifies requirements relating to local initiatives and referenda, including:
• petition, circulation, and signature requirements;
• timelines; and
• appeals and other challenges;
• enacts provisions relating to determining whether a proposed initiative or referendum is legally referable to voters;
• amends provisions regarding the use of email, and the expenditure of public funds, for political purposes relating to proposed and pending initiatives and referenda;
• regulates the dissemination of information regarding a proposed or pending initiative or referendum by a county or municipality; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

INITIATIVES, REFERENDA, AND OTHER POLITICAL
ACTIVITIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions of the Election Code relating to initiatives, referenda, and
political activities of public entities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for the publication of a proposition information pamphlet to inform voters
of arguments for and against proposed and pending local initiatives and referenda;
▸ amends provisions relating to a local voter information pamphlet;
▸ enacts provisions for holding a public hearing to discuss and present arguments
relating to a proposed or pending local initiative or referendum;
▸ modifies requirements relating to local initiatives and referenda, including:
• petition, circulation, and signature requirements;
• timelines; and
• appeals and other challenges;
▸ enacts provisions relating to determining whether a proposed initiative or
referendum is legally referable to voters;
▸ amends provisions regarding the use of email, and the expenditure of public funds,
for political purposes relating to proposed and pending initiatives and referenda;
▸ regulates the dissemination of information regarding a proposed or pending
initiative or referendum by a county or municipality; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
11-14-301
, as last amended by Laws of Utah 2014, Chapter 189
20A-7-101
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-402
, as last amended by Laws of Utah 2017, Chapters 91, 147, and 291
20A-7-501
, as last amended by Laws of Utah 2016, Chapter 176
20A-7-502
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-502.5
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-504
, as last amended by Laws of Utah 2016, Chapter 365
20A-7-505
, as last amended by Laws of Utah 2012, Chapter 72
20A-7-506
, as last amended by Laws of Utah 2012, Chapter 72
20A-7-506.3
, as last amended by Laws of Utah 2011, Chapter 17
20A-7-507
, as last amended by Laws of Utah 2011, Chapter 17
20A-7-508
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-509
, as last amended by Laws of Utah 2009, Chapter 202
20A-7-510
, as last amended by Laws of Utah 2010, Chapter 367
20A-7-512
, as last amended by Laws of Utah 2013, Chapter 253
20A-7-513
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-601
, as last amended by Laws of Utah 2016, Chapter 365
20A-7-602
, as last amended by Laws of Utah 2016, Chapter 365
20A-7-602.5
, as enacted by Laws of Utah 2014, Chapter 364
20A-7-603
, as last amended by Laws of Utah 2016, Chapter 365
20A-7-604
, as last amended by Laws of Utah 2016, Chapter 365
20A-7-605
, as last amended by Laws of Utah 2012, Chapter 72
20A-7-606
, as last amended by Laws of Utah 2016, Chapter 365
20A-7-606.3
, as last amended by Laws of Utah 2011, Chapter 17
20A-7-607
, as last amended by Laws of Utah 2014, Chapter 396
20A-7-608
, as last amended by Laws of Utah 2008, Chapter 315
20A-7-609.5
, as enacted by Laws of Utah 2014, Chapter 396
20A-7-610
, as last amended by Laws of Utah 2010, Chapter 367
20A-7-612
, as last amended by Laws of Utah 2001, Chapter 20
20A-7-613
, as last amended by Laws of Utah 2016, Chapters 350, 365, and 367
20A-11-1202
, as last amended by Laws of Utah 2017, Chapter 68
20A-11-1203
, as last amended by Laws of Utah 2015, Chapter 435
20A-11-1205
, as last amended by Laws of Utah 2017, Chapter 68
20A-11-1206
, as enacted by Laws of Utah 2015, Chapter 435
ENACTS:
20A-7-401.5
, Utah Code Annotated 1953
20A-7-405
, Utah Code Annotated 1953
20A-7-502.7
, Utah Code Annotated 1953
20A-7-602.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-14-301
 is amended to read:
11-14-301.
Issuance of bonds by governing body -- Computation of indebtedness
under constitutional and statutory limitations.
(1) If the governing body has declared the bond proposition to have carried and no
contest has been filed, or if a contest has been filed and favorably terminated, the governing
body may proceed to issue the bonds voted at the election.
(2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
more than 10 years after the day on which the election is held.
(b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
10-year period:
(i) an application for a referendum petition is filed with a local clerk, in accordance
with Section 
20A-7-602
 [
and Subsection 
20A-7-601
(3)(a)
], with respect to the local obligation
law relating to the bonds; or
(ii) the bonds are challenged in a court of law or an administrative proceeding in
relation to:
(A) the legality or validity of the bonds, or the election or proceedings authorizing the
bonds;
(B) the authority of the local political subdivision to issue the bonds;
(C) the provisions made for the security or payment of the bonds; or
(D) any other issue that materially and adversely affects the marketability of the bonds,
as determined by the individual or body that holds the executive powers of the local political
subdivision.
(c) [
A
] 
For a bond described in this section that was approved by voters on or after
May 8, 2002, but before May 8, 2018, a
 tolling period described in Subsection (2)(b)(i) ends on
the later of the day on which:
(i) the local clerk determines that the petition is insufficient, in accordance with
Subsection 
20A-7-607
(2)(c), unless an application, described in Subsection 
20A-7-607
(4)(a), is
made to the Supreme Court;
(ii) the Supreme Court determines, under Subsection 
20A-7-607
(4)(c), that the petition
for the referendum is not legally sufficient; or
(iii) for a referendum petition that is sufficient, the governing body declares, as
provided by law, the results of the referendum election on the local obligation law.
(d) For a bond described in this section that was approved by voters on or after May 8,
2018, a tolling period described in Subsection (2)(b)(i) ends:
(i) if a county, city, town, metro township, or court determines, under Section
20A-7-602.7
, that the proposed referendum is not legally referable to voters, the later of:
(A) the day on which the county, city, town, or metro township provides the notice
described in Subsection 
20A-7-602.7
(1)(b)(ii); or
(B) if a sponsor appeals, under Subsection 
20A-7-602.7
(4), the day on which a court
decision that the proposed referendum is not legally referable to voters becomes final; or
(ii) if a county, city, town, metro township, or court determines, under Section
20A-7-602.7
, that the proposed referendum is legally referable to voters, the later of:
(A) the day on which the local clerk determines, under Section 
20A-7-607
, that the
number of certified names is insufficient for the proposed referendum to appear on the ballot;
or
(B) if the local clerk determines, under Section 
20A-7-607
, that the number of certified
names is sufficient for the proposed referendum to appear on the ballot, the day on which the
governing body declares, as provided by law, the results of the referendum election on the local
obligation law.
[
(d)
] 
(e)
 A tolling period described in Subsection (2)(b)(ii) ends after:
(i) there is a final settlement, a final adjudication, or another type of final resolution of
all challenges described in Subsection (2)(b)(ii); and
(ii) the individual or body that holds the executive powers of the local political
subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
are resolved and final.
[
(e)
] 
(f)
 If the 10-year period described in Subsection (2)(a) is tolled under this
Subsection (2) and, when the tolling ends and after giving effect to the tolling, the period of
time remaining to issue the bonds is less than one year, the period of time remaining to issue
the bonds shall be extended to one year.
[
(f)
] 
(g)
 The tolling provisions described in this Subsection (2) apply to all bonds
described in this section that were approved by voters on or after May 8, 2002.
(3) (a) Bonds approved by the voters may not be issued to an amount that will cause
the indebtedness of the local political subdivision to exceed that permitted by the Utah
Constitution or statutes.
(b) In computing the amount of indebtedness that may be incurred pursuant to
constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
as the case may be, shall be applied to the fair market value, as defined under Section 
59-2-102
,
of the taxable property in the local political subdivision, as computed from the last applicable
equalized assessment roll before the incurring of the additional indebtedness.
(c) In determining the fair market value of the taxable property in the local political
subdivision as provided in this section, the value of all tax equivalent property, as defined in
Section 
59-3-102
, shall be included as a part of the total fair market value of taxable property
in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
Act.
(4) Bonds of improvement districts issued in a manner that they are payable solely
from the revenues to be derived from the operation of the facilities of the district may not be
included as bonded indebtedness for the purposes of the computation.
(5) Where bonds are issued by a city, town, or county payable solely from revenues
derived from the operation of revenue-producing facilities of the city, town, or county, or
payable solely from a special fund into which are deposited excise taxes levied and collected by
the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
city, town, or county, or any combination of those excise taxes, the bonds shall be included as
bonded indebtedness of the city, town, or county only to the extent required by the Utah
Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
town, or county need not be authorized at an election, except as otherwise provided by the Utah
Constitution, the bonds being hereby expressly excluded from the election requirement of
Section 
11-14-201
.
(6) A bond election is not void when the amount of bonds authorized at the election
exceeded the limitation applicable to the local political subdivision at the time of holding the
election, but the bonds may be issued from time to time in an amount within the applicable
limitation at the time the bonds are issued.
Section 2. 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) "Legally referable to voters" means:
(a) for a proposed local initiative, that the proposed local initiative is legally referable
to voters under Section 
20A-7-502.7
; or
(b) for a proposed local referendum, that the proposed local referendum is legally
referable to voters under Section 
20A-7-602.7
.
[
(11)
] 
(12)
 "Local attorney" means the county attorney, city attorney, or town attorney
in whose jurisdiction a local initiative or referendum petition is circulated.
[
(12)
] 
(13)
 "Local clerk" means the county clerk, city recorder, or town clerk in whose
jurisdiction a local initiative or referendum petition is circulated.
[
(13)
] 
(14)
 (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)
] 
(15)
 "Local legislative body" means the legislative body of a county, city, town,
or metro township.
[
(15)
] 
(16)
 "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)
] 
(17)
 "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)
] 
(18)
 "Measure" means a proposed constitutional amendment, an initiative, or
referendum.
[
(18)
] 
(19)
 "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)
] 
(20)
 "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)
] 
(21)
 (a) "Signature" means a holographic signature.
(b) "Signature" does not mean an electronic signature.
[
(21)
] 
(22)
 "Signature sheets" means sheets in the form required by this chapter that are
used to collect signatures in support of an initiative or referendum.
(23) "Special local ballot proposition" means a local ballot proposition that is not a
standard local ballot proposition.
[
(22)
] 
(24)
 "Sponsors" means the legal voters who support the initiative or referendum
and who sign the application for petition copies.
(25) "Standard local ballot proposition" means a local ballot proposition for an
initiative or a referendum.
[
(23)
] 
(26)
 "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)
] 
(27)
 "Tax percentage difference" means the difference between the tax rate
proposed by an initiative or an initiative petition and the current tax rate.
[
(25)
] 
(28)
 "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.
[
(26)
] 
(29)
 "Verified" means acknowledged by the person circulating the petition as
required in Sections 
20A-7-205
 and 
20A-7-305
.
Section 3. Section 
20A-7-401.5
 is enacted to read:
 20A-7-401.5.
Proposition information pamphlet.
(1) If an eligible voter files an application to circulate an initiative petition under
Section 
20A-7-502
, or an application to circulate a referendum petition under Section
20A-7-602
:
(a) the sponsors of the proposed initiative or referendum may submit a written
argument in favor of the proposed initiative or referendum to the election officer of the county
or municipality to which the petition relates:
(i) within seven days after the day on which the county or municipality determines that
the proposed initiative or referendum is legally referable to voters; or
(ii) if a court determines that the proposed initiative or referendum is legally referable
to voters, within seven days after the day on which the determination is final; and
(b) the county or municipality to which the application relates may submit a written
argument in favor of, or against, the proposed initiative or referendum to the county's or
municipality's election officer:
(i) within seven days after the day on which the county or municipality determines that
the proposed initiative or referendum is legally referable to voters; or
(ii) if a court determines that the proposed initiative or referendum is legally referable
to voters, within seven days after the day on which the determination is final.
(2) (a) A written argument described in Subsection (1) may not exceed 500 words.
(b) Except as provided in Subsection (2)(c), a person may not modify a written
argument after the written argument is submitted to the election officer.
(c) The election officer and the person that submits the written argument described in
Subsection (1) may jointly agree to modify the written argument to:
(i) correct factual, grammatical, or spelling errors; or
(ii) reduce the number of words to come into compliance with Subsection (2)(a).
(d) An election officer shall refuse to include a written argument in the proposition
information pamphlet described in this section if the person who submits the argument:
(i) fails to negotiate, in good faith, to modify the argument in accordance with
Subsection (2)(c); or
(ii) does not timely submit the written argument to the election officer.
(e) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (2)(c) in an expedited manner.
(3) An election officer who receives a written argument described in Subsection (1):
(a) may not, before publishing the proposition information pamphlet described in this
section, disclose the written argument, or any information contained in the written argument, to
any person who may in any way be involved in preparing an opposing written argument; and
(b) shall prepare a proposition information pamphlet for publication that includes:
(i) a copy of the application for the proposed initiative or referendum;
(ii) except as provided in Subsection (2)(d), immediately after the copy described in
Subsection (3)(b)(i), the argument prepared by the sponsors of the proposed initiative or
referendum, if any; and
(iii) except as provided in Subsection (2)(d), immediately after the argument described
in Subsection (3)(b)(ii), the argument prepared by the county or municipality, if any.
(4) Before an election officer publishes a proposition information pamphlet under
Subsection (5) or (6), the proposition information pamphlet is a draft for purposes of Title 63G,
Chapter 2, Government Records Access and Management Act.
(5) An election officer for a municipality shall publish the proposition information
pamphlet as follows:
(a) within the later of 10 days after the day on which the municipality or a court
determines that the proposed initiative or referendum is legally referable to voters, or, if the
election officer modifies an argument under Subsection (2)(c), three days after the day on
which the election officer and the person that submitted the argument agree on the
modification:
(i) by sending the proposition information pamphlet electronically to each individual in
the municipality for whom the municipality has an email address; and
(ii) by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section 
63F-1-701
, and the home page of the municipality's website, if the
municipality has a website, until:
(A) if the sponsors of the proposed initiative or referendum do not timely deliver any
verified initiative packets under Section 
20A-7-506
 or any verified referendum packets under
Section 
20A-7-606
, the day after the day of the deadline for delivery of the verified initiative
packets or verified referendum packets;
(B) the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the
number of signatures necessary to qualify the proposed initiative or referendum for placement
on the ballot is insufficient and the determination is not timely appealed or is upheld after
appeal; or
(C) the day after the day of the election at which the proposed initiative or referendum
appears on the ballot; and
(b) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including the proposition information pamphlet in the next mailing
that falls on or after the later of:
(i) 10 days after the day on which the municipality or a court determines that the
proposed initiative or referendum is legally referable to voters; or
(ii) if the election officer modifies an argument under Subsection (2)(c), three days
after the day on which the election officer and the person that submitted the argument agree on
the modification.
(6) An election officer for a county shall, within the later of 10 days after the day on
which the county or a court determines that the proposed initiative or referendum is legally
referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
three days after the day on which the election officer and the person that submitted the
argument agree on the modification:
(a) by sending the proposition information pamphlet electronically to each individual
in the county for whom the county has an email address; and
(b) by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section 
63F-1-701
, and the home page of the county's website, until:
(i) if the sponsors of the proposed initiative or referendum do not timely deliver any
verified initiative packets under Section 
20A-7-506
 or any verified referendum packets under
Section 
20A-7-606
, the day after the day of the deadline for delivery of the verified initiative
packets or verified referendum packets;
(ii) the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the number
of signatures necessary to qualify the proposed initiative or referendum for placement on the
ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
(iii) the day after the day of the election at which the proposed initiative or referendum
appears on the ballot.
Section 4. 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 complies with the requirements of this part.
[
(2) The arguments for or against a ballot proposition shall conform to the
requirements of this section.
]
[
(3)
] 
(2)
 (a) Within the time requirements described in Subsection [
(3)
] 
(2)
(c)(i), a
municipality that is subject to a 
special local
 ballot proposition shall provide a notice that
complies with the requirements of Subsection [
(3)
] 
(2)
(c)(ii) to the municipality's residents by:
(i) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including the notice with a newsletter, utility bill, or other material;
(ii) posting the notice, until after the deadline described in Subsection [
(3)
] 
(2)
(d) has
passed, on:
(A) the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) the home page of the municipality's website, if the municipality has a website; and
(iii) sending the notice electronically to each individual in the municipality for whom
the municipality has an email address.
(b) A county that is subject to a 
special local
 ballot proposition shall:
(i) send an electronic notice that complies with the requirements of Subsection [
(3)
]
(2)
(c)(ii) to each individual in the county for whom the county has an email address; or
(ii) until after the deadline described in Subsection [
(3)
] 
(2)
(d) has passed, post a notice
that complies with the requirements of Subsection [
(3)
] 
(2)
(c)(ii) on:
(A) the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) the home page of the county's website.
(c) A municipality or county that mails, sends, or posts a notice under Subsection [
(3)
]
(2)
(a) or (b) shall:
(i) mail, send, or post the notice:
(A) not less than 90 days before the date of the election at which a 
special local
 ballot
proposition will be voted upon; or
(B) if the requirements of Subsection [
(3)
] 
(2)
(c)(i)(A) cannot be met, as soon as
practicable after the 
special local
 ballot proposition is approved to be voted upon in an election;
and
(ii) ensure that the notice contains:
(A) the ballot title for the 
special local
 ballot proposition;
(B) instructions on how to file a request under Subsection [
(3)
] 
(2)
(d); and
(C) the deadline described in Subsection [
(3)
] 
(2)
(d).
(d) To prepare [
an
] 
a written
 argument for or against a 
special local
 ballot proposition,
an eligible voter shall file a request with the election officer at least 65 days before the election
at which the 
special local
 ballot proposition is to be voted on.
(e) If more than one eligible voter requests the opportunity to prepare [
an
] 
a written
argument for or against a 
special local
 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 
special local
 ballot
proposition; and
(ii) members of the local legislative body have priority over others.
(f) (i) [
Except as provided in Subsection (3)(g), a
] 
A
 sponsor of a 
special local
 ballot
proposition may prepare [
an
] 
a written
 argument in favor of the 
special local
 ballot proposition.
(ii) [
Except as provided in Subsection (3)(g), and subject
] 
Subject
 to Subsection [
(3)
]
(2)
(e), an eligible voter opposed to the 
special local
 ballot proposition who submits a request
under Subsection [
(3)
] 
(2)
(d) may prepare [
an
] 
a written
 argument against the 
special local
ballot proposition.
[
(g) (i) For a referendum, subject to Subsection (3)(e), an eligible voter who is in favor
of a law that is referred to the voters and who submits a request under Subsection (3)(d) 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.
]
[
(h)
] 
(g)
 An eligible voter who submits [
an
] 
a written
 argument under this section 
in
relation to a special local ballot proposition
 shall:
(i) ensure that the 
written
 argument does not exceed 500 words in length;
(ii) ensure that the 
written
 argument does not list more than five names as sponsors;
(iii) submit the 
written
 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 
written
 argument the eligible voter's name, residential address,
postal address, email address if available, and phone number.
[
(i)
] 
(h)
 An election officer shall refuse to accept and publish an argument that is
submitted after the deadline described in Subsection [
(3)(h)
] 
(2)(g)
(iii).
[
(4)
] 
(3)
 (a) An election officer who timely receives the 
written
 arguments in favor of
and against a 
special local
 ballot proposition shall, within one business day after the day on
which the election office receives both 
written
 arguments, send, via mail or email:
(i) a copy of the 
written
 argument in favor of the 
special local
 ballot proposition to the
eligible voter who submitted the 
written
 argument against the 
special local
 ballot proposition;
and
(ii) a copy of the 
written
 argument against the 
special local
 ballot proposition to the
eligible voter who submitted the 
written
 argument in favor of the 
special local
 ballot
proposition.
(b) The eligible voter who submitted a timely 
written
 argument in favor of the 
special
local
 ballot proposition:
(i) may submit to the election officer a 
written
 rebuttal argument of the 
written
argument against the 
special local
 ballot proposition;
(ii) shall ensure that the 
written
 rebuttal argument does not exceed 250 words in length;
and
(iii) shall submit the 
written
 rebuttal argument no later than 45 days before the election
day on which the 
special local
 ballot proposition will be submitted to the voters.
(c) The eligible voter who submitted a timely 
written
 argument against the 
special local
ballot proposition:
(i) may submit to the election officer a 
written
 rebuttal argument of the 
written
argument in favor of the 
special local
 ballot proposition;
(ii) shall ensure that the 
written
 rebuttal argument does not exceed 250 words in length;
and
(iii) shall submit the 
written
 rebuttal argument no later than 45 days before the election
day on which the 
special local
 ballot proposition will be submitted to the voters.
(d) An election officer shall refuse to accept and publish a 
written
 rebuttal argument 
in
relation to a special local ballot proposition
 that is submitted after the deadline described in
Subsection [
(4)
] 
(3)
(b)(iii) or [
(4)
] 
(3)
(c)(iii).
[
(5)
] 
(4)
 (a) Except as provided in Subsection [
(5)
] 
(4)
(b)
, in relation to a special local
ballot proposition
:
(i) an eligible voter may not modify [
an
] 
a written
 argument or 
a written
 rebuttal
argument after the eligible voter submits the 
written
 argument or 
written
 rebuttal argument to
the election officer; and
(ii) a person other than the eligible voter described in Subsection [
(5)
] 
(4)
(a)(i) may not
modify [
an
] 
a written
 argument or 
a written
 rebuttal argument.
(b) The election officer, and the eligible voter who submits [
an
] 
a written
 argument or
written
 rebuttal argument 
in relation to a special local ballot proposition
, may jointly agree to
modify [
an
] 
a written
 argument or 
written
 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
] 
a written
 argument or
written
 rebuttal argument 
in relation to a special local ballot proposition
 if the eligible voter
who submits the 
written
 argument or 
written
 rebuttal argument fails to negotiate, in good faith,
to modify the 
written
 argument or 
written
 rebuttal argument in accordance with Subsection
[
(5)
] 
(4)
(b).
[
(6)
] 
(5)
 [
An
] 
In relation to a special local ballot proposition, 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) Sponsors whose written argument in favor of a standard local ballot proposition is
included in a proposition information pamphlet under Section 
20A-7-401.5
:
(a) may, if a written argument against the standard local ballot proposition is included
in the proposition information pamphlet, submit a written rebuttal argument to the election
officer;
(b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(c) shall submit the written rebuttal argument no later than 45 days before the election
day on which the standard local ballot proposition will be submitted to the voters.
(7) A county or municipality that submitted a written argument against a standard local
ballot proposition that is included in a proposition information pamphlet under Section
20A-7-401.5
:
(a) may, if a written argument in favor of the standard local ballot proposition is
included in the proposition information pamphlet, submit a written rebuttal argument to the
election officer;
(b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(c) shall submit the written rebuttal argument no later than 45 days before the election
day on which the ballot proposition will be submitted to the voters.
(8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
that is submitted after the deadline described in Subsection (6)(c) or (7)(c).
(b) Before an election officer publishes a local voter information pamphlet under this
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
Records Access and Management Act.
(c) An election officer who receives a written rebuttal argument described in this
section may not, before publishing the local voter information pamphlet described in this
section, disclose the written rebuttal argument, or any information contained in the written
rebuttal argument, to any person who may in any way be involved in preparing an opposing
rebuttal argument.
(9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
rebuttal argument after the written rebuttal argument is submitted to the election officer.
(b) The election officer, and the person who submits a written rebuttal argument, may
jointly agree to modify a written rebuttal argument in order to:
(i) correct factual, grammatical, or spelling errors; or
(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 a written rebuttal argument if
the person who submits the written rebuttal argument:
(i) fails to negotiate, in good faith, to modify the written rebuttal argument in
accordance with Subsection (9)(b); or
(ii) does not timely submit the written rebuttal argument to the election officer.
(d) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (9)(b) in an expedited manner.
(10) An election officer may designate another person to take the place of a person who
submits a written rebuttal argument in relation to a standard local ballot proposition if the
person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
person's duties.
[
(7)
] 
(11)
 (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."
[
(8)
] 
(12)
 (a) In preparing the local voter information pamphlet, the election officer
shall:
(i) ensure that the 
written
 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 
written
 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) not less than 15 days before, but not more than 45 days before, the election at
which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
voter entitled to vote on the ballot proposition:
(A) a voter information pamphlet; or
(B) the notice described in Subsection [
(8)
] 
(12)
(c).
(b) (i) If the [
proposed measure
] 
language of the ballot proposition
 exceeds 500 words
in length, the election officer may summarize the [
measure
] 
ballot proposition
 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 [
(8)
] 
(12)
(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 5. Section 
20A-7-405
 is enacted to read:
 20A-7-405.
Public meeting.
(1) A county or municipality may not discuss a proposed initiative, an initiative, a
proposed referendum, or a referendum at a public meeting unless the county or municipality
complies with the requirements of this section.
(2) The legislative body of a county or municipality may hold a public meeting to
discuss a proposed initiative, an initiative, a proposed referendum, or a referendum if the
legislative body:
(a) gives legal notice of the public meeting, including notice of the legislative body's
intent to discuss the proposed initiative, initiative, proposed referendum, or referendum at the
public meeting;
(b) allows equal time, within a reasonable limit, for presentations on both sides of the
proposed initiative, initiative, proposed referendum, or referendum;
(c) provides each interested party desiring to be heard an opportunity to present oral
testimony within reasonable time limits;
(d) holds the public meeting beginning at or after 6 p.m.; and
(e) makes a digital audio recording of the portion of the public meeting relating to the
proposed initiative, initiative, proposed referendum, or referendum.
(3) Within three days after the day of the public meeting described in this section:
(a) a county or municipality shall make a digital copy of the recording described in
Subsection (2)(e) available to the public;
(b) a county shall provide access to the digital audio recording described in Subsection
(2)(e) from a conspicuous place on the county's public website; and
(c) a municipality that has a public website shall provide access to the digital audio
recording described in Subsection (2)(e) from a conspicuous place on the municipality's public
website.
Section 6. Section 
20A-7-501
 is amended to read:
20A-7-501.
Initiatives -- Signature requirements -- Time requirements.
[
(1) (a) Except as provided in Subsection (1)(b), a person seeking to have an initiative
submitted to a local legislative body or to a vote of the people for approval or rejection shall
obtain legal signatures equal to:
]
[
(i) 10% of all the votes cast in the county, city, town, or metro township for all
candidates for President of the United States at the last election at which a President of the
United States was elected if the total number of votes exceeds 25,000;
]
[
(ii) 12-1/2% of all the votes cast in the county, city, town, or metro township for all
candidates for President of the United States at the last election at which a President of the
United States was elected if the total number of votes does not exceed 25,000 but is more than
10,000;
]
[
(iii) 15% of all the votes cast in the county, city, town, or metro township for all
candidates for President of the United States at the last election at which a President of the
United States was elected if the total number of votes does not exceed 10,000 but is more than
2,500;
]
[
(iv) 20% of all the votes cast in the county, city, town, or metro township for all
candidates for President of the United States at the last election at which a President of the
United States was elected if the total number of votes does not exceed 2,500 but is more than
500;
]
[
(v) 25% of all the votes cast in the county, city, town, or metro township for all
candidates for President of the United States at the last election at which a President of the
United States was elected if the total number of votes does not exceed 500 but is more than
250; and
]
[
(vi) 30% of all the votes cast in the county, city, town, or metro township for all
candidates for President of the United States at the last election at which a President of the
United States was elected if the total number of votes does not exceed 250.
]
[
(b) In addition to the signature requirements of Subsection (1)(a), a person seeking to
have an initiative submitted to a local legislative body or to a vote of the people for approval or
rejection in a county, city, town, or metro township where the local legislative body is elected
from council districts shall obtain, from each of a majority of council districts, legal signatures
equal to the percentages established in Subsection (1)(a).
]
(1) As used in this section:
(a) "Areas with substantially equal population" means districts, precincts, or other areas
that:
(i) have a population deviation of no more than 3.5%; and
(ii) are designated by ordinance to be used for the purpose described in Subsection
(2)(b).
(b) "Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(2) An eligible voter seeking to have an initiative submitted to a local legislative body
or to a vote of the people for approval or rejection shall obtain:
(a) legal signatures equal to:
(i) for a metro township with a population of 100,000 or more, a city of the first class,
or a county of the first class, 10% of the number of active voters in the metro township, city, or
county;
(ii) for a metro township with a population of 65,000 or more but less than 100,000, a
city of the second class, or a county of the second class, 12.5% of the number of active voters
in the metro township, city, or county;
(iii) for a metro township with a population of 30,000 or more but less than 65,000, a
city of the third class, or a county of the third class, 15% of the number of active voters in the
metro township, city, or county;
(iv) for a metro township with a population of 10,000 or more but less than 30,000, a
city of the fourth class, or a county of the fourth class, 20% of the number of active voters in
the metro township, city, or county;
(v) for a metro township with a population of 1,000 or more but less than 10,000, a city
of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
township, city, or county; or
(vi) for a metro township with a population of less than 1,000, a town, or a county of
the sixth class, 30% of the number of active voters in the metro township, town, or county; and
(b) if, before the day on which the eligible voter files the application to circulate the
initiative petition, the metro township, city, county, or town is divided into areas with
substantially equal population, in at least 90% of the areas, legal signatures equal to 2% of the
number of active voters in each area.
[
(2)
] 
(3)
 If the total number of certified names from each verified signature sheet
equals or exceeds the number of names required by this section, the clerk or recorder shall
deliver the proposed law to the local legislative body at [
its
] 
the local legislative body's
 next
meeting.
[
(3)
] 
(4)
 (a) The local legislative body shall either adopt or reject the proposed law
without change or amendment within 30 days [
of receipt of
] 
after the day on which the local
legislative body receives
 the proposed law 
under Subsection (3)
.
(b) The local legislative body may:
(i) adopt the proposed law and refer [
it
] 
the proposed law
 to the people;
(ii) adopt the proposed law without referring [
it
] 
the proposed law
 to the people; or
(iii) reject the proposed law.
(c) If the local legislative body adopts the proposed law but does not refer [
it
] 
the
proposed law
 to the people, [
it
] 
the proposed law
 is subject to referendum as with other local
laws.
(d) (i) If a county legislative body rejects a proposed [
county ordinance or amendment
]
law
, or takes no action on [
it
] 
a proposed law
, the county clerk shall submit [
it
] 
the proposed
law
 to the voters of the county at the next regular general election immediately after the
petition 
for the proposed law
 is filed under Section 
20A-7-502
.
(ii) If a local legislative body 
of a municipality
 rejects a proposed [
municipal ordinance
or amendment
] 
law
, or takes no action on [
it
] 
a proposed law
, the municipal recorder or clerk
shall submit [
it
] 
the proposed law
 to the voters of the municipality at the next municipal
general election immediately after the petition is filed under Section 
20A-7-502
.
(e) (i) If [
the
] 
a
 local legislative body rejects [
the
] 
a
 proposed [
ordinance or
amendment
] 
law
, or takes no action on [
it
] 
a proposed law
, the local legislative body may adopt
a competing local law.
(ii) The local legislative body shall prepare and adopt the competing local law within
the [
days allowed for its action on the measure proposed by initiative petition
] 
30-day
period described in Subsection (4)(a)
.
(iii) If [
the
] 
a
 local legislative body adopts a competing local law, the clerk or recorder
shall [
submit it
] 
refer the competing local law
 to the voters of the county or municipality at the
same election at which the initiative proposal is submitted 
under Subsection (4)(d)
.
(f) If conflicting local laws are submitted to the people at the same election and two or
more of the conflicting measures are approved by the people, [
then
] the measure that receives
the greatest number of affirmative votes shall control all conflicts.
Section 7. Section 
20A-7-502
 is amended to read:
20A-7-502.
Local initiative process -- Application procedures.
(1) [
Persons
] 
An eligible voter
 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
] 
the
 sponsors of the initiative
petition
, equal to or exceeding the number of members who serve on the legislative body of the
local government to which the initiative petition pertains
;
(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) a statement indicating that each of the sponsors has voted in an election in Utah in
the last three years;
[
(c)
] 
(d)
 the signature of each of the sponsors, [
attested to
] 
acknowledged
 by a notary
public;
[
(d)
] 
(e)
 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)
] 
(f)
 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 8. Section 
20A-7-502.5
 is amended to read:
20A-7-502.5.
Initial fiscal and legal impact estimate -- Preparation of estimate.
(1) Within three working days [
of receipt of an application for an initiative petition
]
after the day on which the local clerk receives an application for an initiative petition
, the local
clerk shall submit a copy of the [
application
] 
proposed law
 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;
(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;
(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;
(vi) a dollar amount representing the estimated costs or savings, if any, to state and
local government entities under the proposed law;
(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
(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
] 
after the day on which the local clerk submits a copy of the proposed law under
Subsection (1)
, 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
] 
three
 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 9. Section 
20A-7-502.7
 is enacted to read:
 20A-7-502.7.
Referability to voters.
(1) Within 20 days after the day on which an eligible voter files an application to
circulate an initiative petition under Section 
20A-7-502
, the county, city, town, or metro
township to which the initiative pertains shall:
(a) review the proposed law in the initiative application to determine whether the law is
legally referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed law is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) A proposed law in an initiative application is legally referable to voters unless:
(a) the proposed law is patently unconstitutional;
(b) the proposed law is nonsensical;
(c) the proposed law is administrative, rather than legislative, in nature;
(d) the proposed law could not become law if passed;
(e) the proposed law contains more than one subject as evaluated in accordance with
Subsection 
20A-7-502
(3);
(f) the subject of the proposed law is not clearly expressed in the law's title;
(g) the proposed law is identical or substantially similar to a legally referable proposed
law sought by an initiative application submitted to the local clerk, under Section 
20A-7-502
,
within two years before the day on which the application for the current proposed initiative is
filed; or
(h) the application for the proposed law was not timely filed or does not comply with
the requirements of this part.
(3) After the end of the 20-day period described in Subsection (1), a county, city, town,
or metro township may not:
(a) reject a proposed initiative as not legally referable to voters; or
(b) bring a legal action challenging a proposed initiative on the grounds that the
proposed initiative is not legally referable to voters.
(4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
the proposed initiative may, within 10 days after the day on which a sponsor is notified under
Subsection (1)(b), appeal the decision to:
(a) district court; or
(b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
(5) If, on appeal, the court determines that the law proposed in the initiative petition is
legally referable to voters, the local clerk shall comply with Subsection 
20A-7-504
(2) within
five days after the day on which the determination is final.
Section 10. Section 
20A-7-504
 is amended to read:
20A-7-504.
Circulation requirements -- Local clerk to provide sponsors with
materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors shall
, after the sponsors receive the documents described in Subsections (2)(a) and
(b),
 circulate initiative packets that meet the form requirements of this part.
(2) Within five days after the day on which a [
local clerk receives an application that
complies with the requirements of Section 
20A-7-502
] 
county, city, town, metro township, or
court determines, in accordance with Section 
20A-7-502.7
, that a law proposed in an initiative
petition is legally referable to voters
, the local clerk shall furnish to the sponsors:
(a) one copy of the initiative petition; 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 local clerk.
(b) The local clerk shall:
(i) number each of the initiative packets and return [
them
] 
the packets
 to the sponsors
within [
five working days
] 
days after the day on which the sponsors comply with Subsection
(5)(a)
; and
(ii) keep a record of the numbers assigned to each packet.
Section 11. Section 
20A-7-505
 is amended to read:
20A-7-505.
Obtaining signatures -- Verification -- Removal of signature.
(1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
resides in the local jurisdiction.
(2) (a) The sponsors shall ensure that the [
person
] 
individual
 in whose presence each
signature sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
and
(ii) verifies each signature sheet by completing the verification printed on the last page
of each initiative packet.
(b) [
A person
] 
An individual
 may not sign the verification printed on the last page of
the initiative packet if the [
person
] 
individual
 signed a signature sheet in the initiative packet.
(3) (a) (i) Any voter who has signed an initiative petition may have the voter's signature
removed from the petition by submitting a notarized statement to that effect to the local clerk.
(ii) In order for the signature to be removed, the statement must be received by the
local clerk before [
he
] 
the local clerk
 delivers the petition to the county clerk to be certified.
(b) Upon receipt of the statement, the local clerk shall remove the signature of the
[
person
] 
individual
 submitting the statement from the initiative petition.
(c) No one may remove signatures from an initiative petition after the petition is
submitted to the county clerk to be certified.
Section 12. Section 
20A-7-506
 is amended to read:
20A-7-506.
Submitting the initiative petition -- Certification of signatures by the
county clerks -- Transfer to local clerk.
(1) (a) The sponsors shall deliver each signed and verified initiative packet to the
county clerk of the county in which the packet was circulated on or before the sooner of:
(i) for county initiatives:
(A) 316 days after the day on which the application is filed; or
(B) the April 15 immediately before the next regular general election immediately after
the application is filed under Section 
20A-7-502
; or
(ii) for municipal initiatives:
(A) 316 days after the day on which the application is filed; or
(B) the April 15 immediately before the next municipal general election immediately
after the application is filed under Section 
20A-7-502
.
(b) A sponsor may not submit an initiative packet after the deadline established in this
Subsection (1).
(2) (a) No later than May 1, the county clerk shall:
(i) check the names of all [
persons
] 
individuals
 completing the verification on the last
page of each initiative packet to determine whether those [
persons
] 
individuals
 are residents of
Utah and are at least 18 years old; and
(ii) submit the name of each of those [
persons
] 
individuals
 who is not a Utah resident
or who is not at least 18 years old to the attorney general and county attorney.
(b) The county clerk may not certify a signature under Subsection (3) on an initiative
packet that is not verified in accordance with Section 
20A-7-505
.
(3) No later than May 15, the county clerk shall:
(a) determine whether or not each signer is a voter according to the requirements of
Section 
20A-7-506.3
;
(b) certify on the petition whether or not each name is that of a voter; and
(c) deliver all of the verified packets to the local clerk.
Section 13. Section 
20A-7-506.3
 is amended to read:
20A-7-506.3.
Verification of petition signatures.
(1) (a) For the purposes of this section, "substantially similar name" means:
(i) the given name and surname shown on the petition, or both, contain only minor
spelling differences when compared to the given name and surname shown on the official
register;
(ii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is a
commonly used abbreviation or variation of the other;
(iii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is
accompanied by a first or middle initial or a middle name which is not shown on the other
record; or
(iv) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is an
alphabetically corresponding initial that has been provided in the place of a given name shown
on the other record.
(b) For the purposes of this section, "substantially similar name" does not mean a name
having an initial or a middle name shown on the petition that does not match a different initial
or middle name shown on the official register.
(2) The county clerk shall use the following procedures in determining whether or not a
signer is a registered voter:
(a) When a signer's name and address shown on the petition exactly match a name and
address shown on the official register and the signer's signature appears substantially similar to
the signature on the statewide voter registration database, the county clerk shall declare the
signature valid.
(b) When there is no exact match of an address and a name, the county clerk shall
declare the signature valid if:
(i) the address on the petition matches the address of [
a person
] 
an individual
 on the
official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the [
person
] 
individual
 described in Subsection (2)(b)(i).
(c) When there is no match of an address and a substantially similar name, the county
clerk shall declare the signature valid if:
(i) the birth date or age on the petition matches the birth date or age of [
a person
] 
an
individual
 on the official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the [
person
] 
individual
 described in Subsection (2)(c)(i).
(d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
county clerk shall declare the signature to be invalid.
Section 14. Section 
20A-7-507
 is amended to read:
20A-7-507.
Evaluation by the local clerk.
(1) When each initiative packet is received from a county clerk, the local clerk shall
check off from the local clerk's record the number of each initiative packet filed.
(2) (a) After all of the initiative packets have been received by the local clerk, the local
clerk shall count the number of the names certified by the county clerk that appear on each
verified signature sheet.
(b) If the total number of certified names from each verified signature sheet equals or
exceeds the number of names required by Section 
20A-7-501
 and the requirements of this part
are met, the local clerk shall mark upon the front of the petition the word "sufficient."
(c) If the total number of certified names from each verified signature sheet does not
equal or exceed the number of names required by Section 
20A-7-501
 or a requirement of this
part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."
(d) The local clerk shall immediately notify any one of the sponsors of the local clerk's
finding.
(3) If the local clerk finds the total number of certified signatures from each verified
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
for a recount of the signatures appearing on the initiative petition in the presence of any
sponsor.
(4) Once a petition is declared insufficient, the sponsors may not submit additional
signatures to qualify the petition for the ballot.
[
(5) (a) If the local clerk refuses to accept and file any initiative petition, any voter may
apply to the supreme court for an extraordinary writ to compel him to do so within 10 days
after the refusal.
]
[
(b) If the supreme court determines that the initiative petition is legally sufficient, the
local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on
which it was originally offered for filing in the local clerk's office.
]
[
(c) If the supreme court determines that any petition filed is not legally sufficient, the
supreme court may enjoin the local clerk and all other officers from certifying or printing the
ballot title and numbers of that measure on the official ballot.
]
[
(6)
] 
(5)
 A petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 15. 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 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 district court, or, if the Supreme Court has original jurisdiction,
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
] 
court:
(i)
 shall examine the measures and consider arguments[
, and, in its decision,
]
; and
(ii)
 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
] 
court
 on the
official ballot.
Section 16. Section 
20A-7-509
 is amended to read:
20A-7-509.
Form of ballot -- Manner of voting.
(1) The local clerk shall ensure that the number and ballot title are presented upon the
official ballot with, immediately adjacent to them, the words "For" and "Against," each word
presented with an adjacent square in which the [
elector
] 
voter
 may indicate [
his
] 
the voter's
vote.
(2) [
Electors
] 
Voters
 desiring to vote in favor of enacting the law proposed by the
initiative petition shall mark the square adjacent to the word "For," and [
those
] 
voters
 desiring
to vote against enacting the law proposed by the initiative petition shall mark the square
adjacent to the word "Against."
Section 17. Section 
20A-7-510
 is amended to read:
20A-7-510.
Return and canvass -- Conflicting measures -- Law effective on
proclamation.
(1) The votes on the law proposed by the initiative petition shall be counted,
canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
(2) After the local board of canvassers completes its canvass, the local clerk shall
certify to the local legislative body the vote for and against the law proposed by the initiative
petition.
(3) (a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each law
proposed by an initiative petition; and
(ii) declares those laws proposed by an initiative petition that were approved by
majority vote to be in full force and effect as the law of the local jurisdiction.
(b) When the local legislative body determines that two proposed laws, or that parts of
two proposed laws approved by the people at the same election are entirely in conflict, they
shall proclaim that measure to be law that has received the greatest number of affirmative
votes, regardless of the difference in the majorities which those measures have received.
(c) (i) Within 10 days after the local legislative body's proclamation, any qualified
voter who signed the initiative petition proposing the law that is declared by the local
legislative body to be superseded by another measure approved at the same election may apply
to the 
district court, or, if the Supreme Court has original jurisdiction, the
 Supreme Court to
review the decision.
(ii) The court shall:
(A) consider the matter and decide whether [
or not
] the proposed laws are in conflict;
and
(B) certify [
its
] 
the court's
 decision to the local legislative body.
(4) Within 10 days after the [
Supreme Court certifies its
] 
day on which the court
certifies the
 decision, the local legislative body shall:
(a) proclaim 
as law
 all [
those
] measures approved by the people [
as law
] that the
[
Supreme Court has determined
] 
court determines
 are not in conflict; and
(b) [
of all those
] 
for the
 measures approved by the people as law that the [
Supreme
Court has determined
] 
court determines
 to be in conflict, proclaim as law the [
one
] 
measure
that received the greatest number of affirmative votes, regardless of 
the
 difference in
majorities.
Section 18. Section 
20A-7-512
 is amended to read:
20A-7-512.
Misconduct of electors and officers -- Penalty.
(1) It is unlawful for any [
person
] 
individual
 to:
(a) sign any name other than the [
person's own
] 
individual's own name
 to any initiative
petition;
(b) knowingly sign the [
person's
] 
individual's
 name more than once for the same
measure at one election;
(c) sign an initiative knowing the [
person
] 
individual
 is not a legal voter; or
(d) knowingly and willfully violate any provision of this part.
(2) It is unlawful for any [
person
] 
individual
 to sign the verification for an initiative
packet knowing that:
(a) the [
person
] 
individual
 does not meet the residency requirements of Section
20A-2-105
;
(b) the [
person
] 
individual
 has not witnessed the signatures of [
those persons
] 
the
individuals
 whose names appear in the initiative packet; or
(c) one or more [
persons
] 
individuals
 whose signatures appear in the initiative packet is
either:
(i) not registered to vote in Utah; or
(ii) does not intend to become registered to vote in Utah.
(3) [
Any person violating
] 
An individual who violates
 this part is guilty of a class A
misdemeanor.
Section 19. 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)(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
] 
three
 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 20. Section 
20A-7-601
 is amended to read:
20A-7-601.
Referenda -- General signature requirements -- Signature
requirements for land use laws and subjurisdictional laws -- Time requirements.
[
(1) Except as provided in Subsection (2) or (3), a person seeking to have a local law
passed by the local legislative body submitted to a vote of the people shall obtain legal
signatures equal to:
]
[
(a) 10% of all the votes cast in the county, city, or town for all candidates for president
of the United States at the last election at which a president of the United States was elected if
the total number of votes exceeds 25,000;
]
[
(b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
president of the United States at the last election at which a president of the United States was
elected if the total number of votes does not exceed 25,000 but is more than 10,000;
]
[
(c) 15% of all the votes cast in the county, city, or town for all candidates for president
of the United States at the last election at which a president of the United States was elected if
the total number of votes does not exceed 10,000 but is more than 2,500;
]
[
(d) 20% of all the votes cast in the county, city, or town for all candidates for president
of the United States at the last election at which a president of the United States was elected if
the total number of votes does not exceed 2,500 but is more than 500;
]
[
(e) 25% of all the votes cast in the county, city, or town for all candidates for president
of the United States at the last election at which a president of the United States was elected if
the total number of votes does not exceed 500 but is more than 250; and
]
[
(f) 30% of all the votes cast in the county, city, or town for all candidates for president
of the United States at the last election at which a president of the United States was elected if
the total number of votes does not exceed 250.
]
[
(2) (a) As used in this Subsection (2), "land use law" includes a land use development
code, an annexation ordinance, and comprehensive zoning ordinances.
]
[
(b) Except as provided in Subsection (3), a person seeking to have a land use law or
local obligation law passed by the local legislative body submitted to a vote of the people shall
obtain legal signatures equal to:
]
[
(i) in a county or in a city of the first or second class, 20% of all votes cast in the
county or city for all candidates for president of the United States at the last election at which a
president of the United States was elected; and
]
[
(ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
city or town for all candidates for president of the United States at the last election at which a
president of the United States was elected.
]
[
(3) (a) As used in this Subsection (3):
]
[
(i) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
]
[
(ii) "Subjurisdictional law" means a local law or local obligation law passed by a local
legislative body that imposes a tax or other payment obligation on property in an area that does
not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
]
[
(b) A person seeking to have a subjurisdictional law passed by the local legislative
body submitted to a vote of the people shall obtain legal signatures of the residents in the
subjurisdiction equal to:
]
[
(i) 10% of the total votes cast in the subjurisdiction for all candidates for president of
the United States at the last election at which a president of the United States was elected if the
total number of votes exceeds 25,000;
]
[
(ii) 12-1/2% of all the votes cast in the subjurisdiction for all candidates for president
of the United States at the last election at which a president of the United States was elected if
the total number of votes does not exceed 25,000 but is more than 10,000;
]
[
(iii) 15% of all the votes cast in the subjurisdiction for all candidates for president of
the United States at the last election at which a president of the United States was elected if the
total number of votes does not exceed 10,000 but is more than 2,500;
]
[
(iv) 20% of all the votes cast in the subjurisdiction for all candidates for president of
the United States at the last election at which a president of the United States was elected if the
total number of votes does not exceed 2,500 but is more than 500;
]
[
(v) 25% of all the votes cast in the subjurisdiction for all candidates for president of
the United States at the last election at which a president of the United States was elected if the
total number of votes does not exceed 500 but is more than 250; and
]
[
(vi) 30% of all the votes cast in the subjurisdiction for all candidates for president of
the United States at the last election at which a president of the United States was elected if the
total number of votes does not exceed 250.
]
(1) As used in this section:
(a) "Areas with substantially equal population" means districts, precincts, or other areas
that:
(i) have a population deviation of no more than 3.5%; and
(ii) are designated by ordinance to be used for the purpose described in Subsection
(2)(b).
(b) "Land use law" includes a land use development code, an annexation ordinance,
and comprehensive zoning ordinances.
(c) "Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(e) "Subjurisdictional law" means a local law or local obligation law passed by a local
legislative body that imposes a tax or other payment obligation on property in an area that does
not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
(2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
law passed by the local legislative body submitted to a vote of the people shall obtain:
(a) legal signatures equal to:
(i) for a metro township with a population of 100,000 or more, a city of the first class,
or a county of the first class, 10% of the number of active voters in the metro township, city, or
county;
(ii) for a metro township with a population of 65,000 or more but less than 100,000, a
city of the second class, or a county of the second class, 12.5% of the number of active voters
in the metro township, city, or county;
(iii) for a metro township with a population of 30,000 or more but less than 65,000, a
city of the third class, or a county of the third class, 15% of the number of active voters in the
metro township, city, or county;
(iv) for a metro township with a population of 10,000 or more but less than 30,000, a
city of the fourth class, or a county of the fourth class, 20% of the number of active voters in
the metro township, city, or county;
(v) for a metro township with a population of 1,000 or more but less than 10,000, a city
of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
township, city, or county; or
(vi) for a metro township with a population of less than 1,000, a town, or a county of
the sixth class, 30% of the number of active voters in the metro township, town, or county; and
(b) if, before the day on which the eligible voter files the application to circulate the
referendum petition, the metro township, city, county, or town is divided into areas with
substantially equal population, in at least 90% of the areas, legal signatures equal to 2% of the
number of active voters in each area.
(3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
law or local obligation law passed by the local legislative body submitted to a vote of the
people shall obtain legal signatures equal to:
(a) (i) for a metro township with a population of 65,000 or more, a city of the first or
second class, or a county, 20% of the number of active voters in the metro township, city, or
county; or
(ii) for a metro township with a population of less than 65,000, a city of the third,
fourth, or fifth class, or a town, 35% of the number of active voters in the metro township, city,
or town; and
(b) if, before the day on which the individual files the application to circulate the
referendum petition, the metro township, city, county, or town is divided into areas with
substantially equal population, in at least 85% of the areas, legal signatures equal to 10% of the
number of active voters in each area.
(4) An eligible voter seeking to have a subjurisdictional law passed by the local
legislative body submitted to a vote of the people shall obtain legal signatures of the residents
in the subjurisdiction equal to:
(a) (i) for a subjurisdiction with a population of 100,000 or more, 10% of the number
of active voters in the subjurisdiction;
(ii) for a subjurisdiction with a population of 65,000 or more but less than 100,000,
12.5% of the number of active voters in the subjurisdiction;
(iii) for a subjurisdiction with a population of 30,000 or more but less than 65,000,
15% of the number of active voters in the subjurisdiction;
(iv) for a subjurisdiction with a population of 10,000 or more but less than 30,000,
20% of the number of active voters in the subjurisdiction;
(v) for a subjurisdiction with a population of 1,000 or more but less than 10,000, 25%
of the number of active voters in the subjurisdiction; or
(vi) for a subjurisdiction with a population of less than 1,000, 30% of the number of
active voters in the subjurisdiction; and
(b) if, before the day on which the eligible voter files the application to circulate the
referendum petition, the subjurisdiction is divided into areas with substantially equal
population, in at least 85% of the areas, legal signatures equal to 10% of the number of active
voters in each area.
[
(4)
] 
(5)
 (a) Sponsors of any referendum petition challenging, under Subsection [
(1),
(2), or (3)
] 
(2), (3), or (4),
 any local law passed by a local legislative body shall file the
application within [
five
] 
seven
 days after the [
passage of
] 
day on which
 the local law 
was
passed
.
(b) Except as provided in Subsection [
(4)
] 
(5)
(c), when a referendum petition has been
declared sufficient, the local law that is the subject of the petition does not take effect unless
and until the local law is approved by a vote of the people.
(c) When a referendum petition challenging a subjurisdictional law has been declared
sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
and until the subjurisdictional law is approved by a vote of the people who reside in the
subjurisdiction.
[
(5)
] 
(6)
 If the referendum passes, the local law that was challenged by the referendum
is repealed as of the date of the election.
[
(6)
] 
(7)
 Nothing in this section authorizes a local legislative body to impose a tax or
other payment obligation on a subjurisdiction in order to benefit an area outside of the
subjurisdiction.
Section 21. Section 
20A-7-602
 is amended to read:
20A-7-602.
Local referendum process -- Application procedures.
(1) [
Persons
] 
An eligible voter
 wishing to circulate a referendum petition shall file an
application with the local clerk.
(2) The application shall contain:
(a) the name and residence address of [
at least five
] 
the
 sponsors of the referendum
petition
, equal to or exceeding the number of members who serve on the local legislative body
to which the referendum petition pertains
;
(b) a certification indicating that each of the sponsors:
(i) is a resident of Utah; and
(ii) (A) if the referendum challenges a county local law, has voted in a regular general
election in Utah within the last three years; or
(B) if the referendum challenges a municipal local law, has voted in a regular
municipal election in Utah within the last three years;
(c) the signature of each of the sponsors, [
attested to
] 
acknowledged
 by a notary public;
and
(d) (i) if the referendum challenges an ordinance or resolution, one copy of the law; or
(ii) if the referendum challenges a local law that is not an ordinance or resolution, a
written description of the local law, including the result of the vote on the local law.
Section 22. Section 
20A-7-602.5
 is amended to read:
20A-7-602.5.
Initial fiscal and legal impact estimate -- Preparation of estimate.
(1) Within three working days after the day on which the local clerk receives an
application for a referendum 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 repealing the law the referendum proposes to
repeal that contains:
(i) a dollar amount representing the total estimated fiscal impact of repealing the law;
(ii) if repealing the law would increase or decrease taxes, a dollar amount representing
the total estimated increase or decrease for each type of tax that would be impacted by the law's
repeal and a dollar amount representing the total estimated increase or decrease in taxes that
would result from the law's repeal;
(iii) if repealing the 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 that would result;
(iv) a listing of all sources of funding for the estimated costs that would be associated
with the law's repeal, showing each source of funding and the percentage of total funding that
would be provided from each source;
(v) a dollar amount representing the estimated costs or savings, if any, to state and
local government entities if the law were repealed;
(vi) the legal impacts that would result from repealing the law, 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) a concise explanation, not exceeding 100 words, of the above information and of
the estimated fiscal impact, if any, if the law were repealed.
(b) (i) If repealing the law would 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 repealing the law this referendum
proposes to repeal would have no significant fiscal impact and would not result in either an
increase or decrease in taxes or debt."
(ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
shall include a summary statement describing the fiscal impact.
(iii) If the estimated fiscal impact of repealing the 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 impacting the variability
or difficulty of the estimate.
(3) Within 25 calendar days after the day on which the local clerk submits a copy of the
application under Subsection (1), 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
] 
three
 sponsors named in the application.
Section 23. Section 
20A-7-602.7
 is enacted to read:
 20A-7-602.7.
Referability to voters.
(1) Within 20 days after the day on which an eligible voter files an application to
circulate a referendum petition under Section 
20A-7-602
, the county, city, town, or metro
township to which the initiative pertains shall:
(a) review the application to determine whether the proposed referendum is legally
referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) A proposed referendum is legally referable to voters unless:
(a) the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(b) the proposed referendum challenges more than one law passed by the local
legislative body; or
(c) the application for the proposed referendum was not timely filed or does not
comply with the requirements of this part.
(3) After the end of the 20-day period described in Subsection (1), a county, city, town,
or metro township may not:
(a) reject a proposed referendum as not legally referable to voters; or
(b) challenge, in a legal action or otherwise, a proposed referendum on the grounds that
the proposed referendum is not legally referable to voters.
(4) If a county, city, town, or metro township rejects a proposed referendum, a sponsor
of the proposed referendum may, within 10 days after the day on which a sponsor is notified
under Subsection (1)(b), appeal the decision to:
(a) district court; or
(b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
(5) If, on appeal, the court determines that the proposed referendum is legally referable
to voters, the local clerk shall comply with Subsection 
20A-7-604
(2) within five days after the
day on which the determination is final.
Section 24. Section 
20A-7-603
 is amended to read:
20A-7-603.
Form of referendum petition and signature sheets.
(1) (a) Each proposed referendum petition shall be printed in substantially the
following form:
"REFERENDUM PETITION To the Honorable ____, County Clerk/City
Recorder/Town Clerk:
We, the undersigned citizens of Utah, respectfully order that (description of local law or
portion of local law being challenged), passed by the ____ be referred to the voters for their
approval or rejection at the regular/municipal general election to be held 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."
(b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
referendum to each referendum 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 referendum printed below the horizontal line;
(d) contain the word "Warning" printed or typed at the top of each signature sheet
under the title of the referendum;
(e) 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 an individual to sign a referendum petition with any
other name than the individual's own name, or to knowingly sign the individual's name more
than once for the same measure, or to sign a referendum petition when the individual knows
that the individual is not a registered voter and knows that the individual does not intend to
become registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines three-eighths inch apart under the "Warning"
statement required by this section;
(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;
(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 this petition seeks to overturn."; and
(i) 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 referendum 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 referendum packet were signed by [
persons
]
individuals
 who professed to be the [
persons
] 
individuals
 whose names appear in it, and each
of [
them signed his
] 
the individuals signed 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 referendum petitions are sufficient, notwithstanding clerical and merely technical
errors.
Section 25. Section 
20A-7-604
 is amended to read:
20A-7-604.
Circulation requirements -- Local clerk to provide sponsors with
materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors shall
, after the sponsors receive the documents described in Subsections (2)(a) and
(b),
 circulate referendum packets that meet the form requirements of this part.
(2) Within five days after the day on which a [
local clerk receives an application that
complies with the requirements of Section 
20A-7-602
] 
county, city, town, metro township, or
court determines, in accordance with Section 
20A-7-602.7
, that a proposed referendum is
legally referable to voters
, the local clerk shall furnish to the sponsors:
(a) five copies of the referendum petition; and
(b) five signature sheets.
(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 referendum for circulation by creating multiple
referendum packets.
(b) The sponsors shall create those packets by binding a copy of the referendum
petition, a copy of the law that is the subject of the referendum, 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
referendum packet.
(5) (a) After the sponsors have prepared sufficient referendum packets, they shall
return them to the local clerk.
(b) The local clerk shall:
(i) number each of the referendum packets and return [
them
] 
the packets
 to the
sponsors within [
five working days
] 
days after the day on which the sponsors comply with
Subsection (5)(a)
; and
(ii) keep a record of the numbers assigned to each packet.
Section 26. Section 
20A-7-605
 is amended to read:
20A-7-605.
Obtaining signatures -- Verification -- Removal of signature.
(1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
resides in the local jurisdiction.
(2) (a) The sponsors shall ensure that the [
person
] 
individual
 in whose presence each
signature sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
and
(ii) verifies each signature sheet by completing the verification printed on the last page
of each referendum packet.
(b) [
A person
] 
An individual
 may not sign the verification printed on the last page of
the referendum packet if the [
person
] 
individual
 signed a signature sheet in the referendum
packet.
(3) (a) Any voter who has signed a referendum petition may have the voter's signature
removed from the petition by submitting a notarized statement to that effect to the local clerk.
(b) Except as provided in Subsection (3)(c), upon receipt of the statement, the local
clerk shall remove the signature of the [
person
] 
individual
 submitting the statement from the
referendum petition.
(c) A local clerk may not remove signatures from a referendum petition after the
petition has been submitted to the county clerk to be certified.
Section 27. Section 
20A-7-606
 is amended to read:
20A-7-606.
Submitting the referendum petition -- Certification of signatures by
the county clerks -- Transfer to local clerk.
(1) (a) The sponsors shall deliver each signed and verified referendum packet to the
county clerk of the county in which the packet was circulated no later than [
] 
 days after
the day on which the sponsors receive the items described in Subsection 
20A-7-604
(2) from
the local clerk.
(b) A sponsor may not submit a referendum packet after the deadline established in this
Subsection (1).
(2) (a) No later than 15 days after the day on which a county clerk receives a
referendum packet under Subsection (1)(a), the county clerk shall:
(i) check the names of all [
persons
] 
individuals
 completing the verification on the last
page of each referendum packet to determine whether those [
persons
] 
individuals
 are Utah
residents and are at least 18 years old; and
(ii) submit the name of each of those [
persons
] 
individuals
 who is not a Utah resident
or who is not at least 18 years old to the attorney general and county attorney.
(b) The county clerk may not certify a signature under Subsection (3) on a referendum
packet that is not verified in accordance with Section 
20A-7-605
.
(3) No later than [
] 
 days after the day on which a county clerk receives a
referendum packet under Subsection (1)(a), the county clerk shall:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-606.3
;
(b) certify on the referendum petition whether each name is that of a registered voter;
and
(c) deliver all of the verified referendum packets to the local clerk.
Section 28. Section 
20A-7-606.3
 is amended to read:
20A-7-606.3.
Verification of petition signatures.
(1) (a) For the purposes of this section, "substantially similar name" means:
(i) the given name and surname shown on the petition, or both, contain only minor
spelling differences when compared to the given name and surname shown on the official
register;
(ii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is a
commonly used abbreviation or variation of the other;
(iii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is
accompanied by a first or middle initial or a middle name which is not shown on the other
record; or
(iv) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is an
alphabetically corresponding initial that has been provided in the place of a given name shown
on the other record.
(b) For the purposes of this section, "substantially similar name" does not mean a name
having an initial or a middle name shown on the petition that does not match a different initial
or middle name shown on the official register.
(2) The county clerk shall use the following procedures in determining whether or not a
signer is a registered voter:
(a) When a signer's name and address shown on the petition exactly match a name and
address shown on the official register and the signer's signature appears substantially similar to
the signature on the statewide voter registration database, the county clerk shall declare the
signature valid.
(b) When there is no exact match of an address and a name, the county clerk shall
declare the signature valid if:
(i) the address on the petition matches the address of [
a person
] 
an individual
 on the
official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the [
person
] 
individual
 described in Subsection (2)(b)(i).
(c) When there is no match of an address and a substantially similar name, the county
clerk shall declare the signature valid if:
(i) the birth date or age on the petition matches the birth date or age of [
a person
] 
an
individual
 on the official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the [
person
] 
individual
 described in Subsection (2)(c)(i).
(d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
clerk shall declare the signature to be invalid.
Section 29. Section 
20A-7-607
 is amended to read:
20A-7-607.
Evaluation by the local clerk.
(1) When each referendum packet is received from a county clerk, the local clerk shall
check off from the local clerk's record the number of each referendum packet filed.
(2) Within 15 days after the day on which the local clerk receives each referendum
packet from a county clerk, the local clerk shall:
(a) count the number of the names certified by the county clerks that appear on each
verified signature sheet;
(b) if the total number of certified names from each verified signature sheet equals or
exceeds the number of names required by Section 
20A-7-601
 and the requirements of this part
are met, mark upon the front of the petition the word "sufficient";
(c) if the total number of certified names from each verified signature sheet does not
equal or exceed the number of names required by Section 
20A-7-601
 or a requirement of this
part is not met, mark upon the front of the petition the word "insufficient"; and
(d) notify any one of the sponsors of the local clerk's finding.
(3) If the local clerk finds the total number of certified signatures from each verified
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
for a recount of the signatures appearing on the referendum petition in the presence of any
sponsor.
[
(4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
may apply to the Supreme Court for an extraordinary writ to compel the local clerk to do so
within 10 days after the refusal.
]
[
(b) If the Supreme Court determines that the referendum petition is legally sufficient,
the local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on
which it was originally offered for filing in the local clerk's office.
]
[
(c) If the Supreme Court determines that any petition filed is not legally sufficient, the
Supreme Court may enjoin the local clerk and all other officers from:
]
[
(i) certifying or printing the ballot title and numbers of that measure on the official
ballot for the next election; or
]
[
(ii) as it relates to a local tax law that is conducted entirely by absentee ballot,
certifying, printing, or mailing the ballot title and numbers of that measure under Section
20A-7-609.5
.
]
[
(5)
] 
(4)
 A petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 30. Section 
20A-7-608
 is amended to read:
20A-7-608.
Ballot title -- Duties of local clerk and local attorney.
(1) Whenever a referendum 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 referendum 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 referendum;
(c) file the proposed ballot title and the numbered referendum titles with the local clerk
within 15 days after the date the referendum 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 referendum petition was
circulated.
(3) (a) The ballot title may be distinct from the title of the law that is the subject of the
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.
(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
referendum 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 referendum 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 district court, or, if the Supreme Court has original jurisdiction,
to the Supreme Court [
that is
]
,
 brought by:
(i) at least three sponsors of the referendum petition; or
(ii) a majority of the local legislative body for the jurisdiction where the referendum
petition was circulated.
(b) The [
Supreme Court
] 
court:
(i)
 shall examine the measures and consider 
the
 arguments[
, and, in its decision,
]
; and
(ii)
 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
] 
court
 on the
official ballot.
Section 31. Section 
20A-7-609.5
 is amended to read:
20A-7-609.5.
Election on referendum challenging local tax law conducted entirely
by absentee ballot.
(1) An election officer may administer an election on a referendum challenging a local
tax law entirely by absentee ballot.
(2) For purposes of an election conducted under this section, the election officer shall:
(a) designate as the election day the day that is 30 days after the day on which the
election officer complies with Subsection (2)(b); and
(b) within 30 days after the day on which the referendum described in Subsection (1)
qualifies for the ballot, mail to each registered voter within the voting precincts to which the
local tax law applies:
(i) an absentee ballot;
(ii) a statement that there will be no polling place in the voting precinct for the
election;
(iii) a statement specifying the election day described in Subsection (2)(a);
(iv) a business reply mail envelope;
(v) instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted; [
and
]
(vi) a warning, on a separate page of colored paper in boldface print, indicating that if
the voter fails to follow the instructions included with the absentee ballot, the voter will be
unable to vote in that election because there will be no polling place in the voting precinct on
the day of the election[
.
]
; and
(vii) a copy of the proposition information pamphlet relating to the referendum if a
proposition information pamphlet relating to the referendum was published under Section
20A-7-401.5
.
(3) A voter who votes by absentee ballot under this section is not required to apply for
an absentee ballot as required by this part.
(4) An election officer who administers an election under this section shall:
(a) (i) obtain, in person, the signatures of each voter within that voting precinct before
the election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
(5) (a) Upon receiving the returned absentee ballots under this section, the election
officer shall compare the signature on each absentee ballot with the voter's signature that is
maintained on file and verify that the signatures are the same.
(b) If the election officer questions the authenticity of the signature on the absentee
ballot, the election officer shall immediately contact the voter to verify the signature.
(c) If the election officer determines that the signature on the absentee ballot does not
match the voter's signature that is maintained on file, the election officer shall:
(i) unless the absentee ballot application deadline described in Section 
20A-3-304
 has
passed, immediately send another absentee ballot and other voting materials as required by this
section to the voter; and
(ii) disqualify the initial absentee ballot.
Section 32. Section 
20A-7-610
 is amended to read:
20A-7-610.
Return and canvass -- Conflicting measures -- Law effective on
proclamation.
(1) The votes on the [
law proposed by
] 
proposed law that is the subject of
 the
referendum petition shall be counted, canvassed, and delivered as provided in Title 20A,
Chapter 4, Part 3, Canvassing Returns.
(2) After the local board of canvassers completes [
its
] 
the
 canvass, the local clerk shall
certify to the local legislative body the vote for and against the [
law proposed by
] 
proposed law
that is the subject of
 the referendum petition.
(3) (a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each
[
law proposed by
] 
proposed law that is the subject of
 a referendum petition; and
(ii) declares those laws [
proposed by
] 
that are the subject of
 a referendum petition that
were approved by majority vote to be in full force and effect as the law of the local jurisdiction.
(b) When the local legislative body determines that two proposed laws, or that parts of
two proposed laws approved by the people at the same election are entirely in conflict, they
shall proclaim that measure to be law that has received the greatest number of affirmative
votes, regardless of the difference in the majorities which those measures have received.
(4) (a) Within 10 days after the local legislative body's proclamation, any qualified
voter [
who signed the referendum petition proposing the
] 
residing in the jurisdiction for a
 law
that is declared by the local legislative body to be superseded by another measure approved at
the same election may apply to the 
district court, or, if the Supreme Court has original
jurisdiction, the
 Supreme Court to review the decision.
(b) The [
Supreme Court
] 
court
 shall:
(i) consider the matter and decide whether [
or not
] the proposed laws are in conflict;
and
(ii) certify [
its
] 
the court's
 decision to the local legislative body.
(5) Within 10 days after the [
Supreme Court certifies its
] 
day on which the court
certifies the
 decision, the local legislative body shall:
(a) proclaim [
all those
] 
as law all
 measures approved by the people [
as law
] that the
[
Supreme Court has determined
] 
court determines
 are not in conflict; and
(b) [
of all those
] 
for the
 measures approved by the people as law that the [
Supreme
Court has determined
] 
court determines
 to be in conflict, proclaim as law the [
one
] 
measure
that received the greatest number of affirmative votes, regardless of 
the
 difference in
majorities.
Section 33. Section 
20A-7-612
 is amended to read:
20A-7-612.
Misconduct of electors and officers -- Penalty.
(1) It is unlawful for [
any person
] 
an individual
 to:
(a) sign any name other than [
his own
] 
the individual's own name
 to any referendum
petition;
(b) knowingly sign [
his
] 
the individual's
 name more than once for the same measure at
one election;
(c) sign a referendum knowing [
he
] 
that the individual
 is not a legal voter; or
(d) knowingly and willfully violate any provision of this part.
(2) It is unlawful for [
any person
] 
an individual
 to sign the verification for a
referendum packet knowing that:
(a) [
he
] 
the individual
 does not meet the residency requirements of Section 
20A-2-105
;
(b) [
he
] 
the individual
 has not witnessed the signatures of [
those persons
] 
the
individuals
 whose names appear in the referendum packet; or
(c) one or more [
persons
] 
individuals
 whose signatures appear in the referendum
packet is either:
(i) not registered to vote in Utah; or
(ii) does not intend to become registered to vote in Utah.
(3) [
Any person violating
] 
An individual who violates
 this part is guilty of a class A
misdemeanor.
(4) The county attorney or municipal attorney shall prosecute any violation of this
section.
Section 34. Section 
20A-7-613
 is amended to read:
20A-7-613.
Property tax referendum petition.
(1) As used in this section, "certified tax rate" means the same as that term is defined in
Section 
59-2-924
.
(2) Except as provided in this section, the requirements of this part apply to a
referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
exceeds the certified tax rate.
(3) Notwithstanding Subsection 
20A-7-604
(5), the local clerk shall number each of the
referendum packets and return them to the sponsors within two working days.
[
(4) Notwithstanding Subsection 
20A-7-606
(1), the sponsors shall deliver each signed
and verified referendum packet to the county clerk of the county in which the packet was
circulated no later than 40 days after the day on which the local clerk complies with Subsection
(3).
]
[
(5)
] 
(4)
 Notwithstanding Subsections 
20A-7-606
(2) and (3), the county clerk shall
take the actions required in Subsections 
20A-7-606
(2) and (3) within 10 working days after the
day on which the county clerk receives the signed and verified referendum packet as described
in Subsection [
(4)
] 
20A-7-606
(1)
.
[
(6)
] 
(5)
 The local clerk shall take the actions required by Section 
20A-7-607
 within
two working days after the day on which the local clerk receives the referendum packets from
the county clerk.
[
(7)
] 
(6)
 Notwithstanding Subsection 
20A-7-608
(2), the local attorney shall prepare the
ballot title within two working days after the day on which the referendum petition is declared
sufficient for submission to a vote of the people.
[
(8)
] 
(7)
 Notwithstanding Subsection 
20A-7-609
(2)(c), a referendum that qualifies for
the ballot under this section shall appear on the ballot for the earlier of the next regular general
election or the next municipal general election unless a special election is called.
[
(9)
] 
(8)
 Notwithstanding the requirements related to absentee ballots under this title:
(a) the election officer shall prepare absentee ballots for those voters who have
requested an absentee ballot as soon as possible after the ballot title is prepared as described in
Subsection [
(7)
] 
(6)
; and
(b) the election officer shall mail absentee ballots on a referendum under this section
the later of:
(i) the time provided in Section 
20A-3-305
 or 
20A-16-403
; or
(ii) the time that absentee ballots are prepared for mailing under this section.
[
(10)
] 
(9)
 Section 
20A-7-402
 does not apply to a referendum described in this section.
[
(11)
] 
(10)
 (a) If a majority of voters does not vote against imposing the tax at a rate
calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
entity's legislative body:
(i) the certified tax rate for the fiscal year during which the referendum petition is filed
is its most recent certified tax rate; and
(ii) the proposed increased revenues for purposes of establishing the certified tax rate
for the fiscal year after the fiscal year described in Subsection [
(11)
] 
(10)
(a)(i) are the proposed
increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
before the filing of the referendum petition.
(b) If a majority of voters votes against imposing a tax at the rate established by the
vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
taxing entity's most recent certified tax rate.
(c) If the tax rate is set in accordance with Subsection [
(11)
] 
(10)
(a)(ii), a taxing entity
is not required to comply with the notice and public hearing requirements of Section 
59-2-919
if the taxing entity complies with those notice and public hearing requirements before the
referendum petition is filed.
[
(12)
] 
(11)
 The ballot title shall, at a minimum, include in substantially this form the
following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
budgeted, adopted, and approved by the [name of the taxing entity]".
[
(13)
] 
(12)
 A taxing entity shall pay the county the costs incurred by the county that are
directly related to meeting the requirements of this section and that the county would not have
incurred but for compliance with this section.
[
(14)
] 
(13)
 (a) An election officer shall include on a ballot a referendum that has not
yet qualified for placement on the ballot, if:
(i) sponsors file an application for a referendum described in this section;
(ii) the ballot will be used for the election for which the sponsors are attempting to
qualify the referendum; and
(iii) the deadline for qualifying the referendum for placement on the ballot occurs after
the day on which the ballot will be printed.
(b) If an election officer includes on a ballot a referendum described in Subsection
[
(14)
] 
(13)
(a), the ballot title shall comply with Subsection [
(12)
] 
(11)
.
(c) If an election officer includes on a ballot a referendum described in Subsection
[
(14)
] 
(13)
(a) that does not qualify for placement on the ballot, the election officer shall inform
the voters by any practicable method that the referendum has not qualified for the ballot and
that votes cast in relation to the referendum will not be counted.
Section 35. Section 
20A-11-1202
 is amended to read:
20A-11-1202.
Definitions.
As used in this part:
(1) "Applicable election officer" means:
(a) a county clerk, if the email relates only to a local election; or
(b) the lieutenant governor, if the email relates to an election other than a local
election.
(2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
judicial retention questions, opinion questions, bond approvals, or other questions submitted to
the voters for their approval or rejection.
(3) "Campaign contribution" means any of the following when done for a political
purpose or to advocate for or against a ballot proposition:
(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
given to a filing entity;
(b) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
of value to a filing entity;
(c) any transfer of funds from another reporting entity to a filing entity;
(d) compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(e) remuneration from:
(i) any organization or the organization's directly affiliated organization that has a
registered lobbyist; or
(ii) any agency or subdivision of the state, including a school district; or
(f) an in-kind contribution.
(4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
agency that receives its revenues from conduct of its commercial operations.
(b) "Commercial interlocal cooperation agency" does not mean an interlocal
cooperation agency that receives some or all of its revenues from:
(i) government appropriations;
(ii) taxes;
(iii) government fees imposed for regulatory or revenue raising purposes; or
(iv) interest earned on public funds or other returns on investment of public funds.
(5) "Expenditure" means:
(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value;
(b) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value;
(c) a transfer of funds between a public entity and a candidate's personal campaign
committee;
(d) a transfer of funds between a public entity and a political issues committee; or
(e) goods or services provided to or for the benefit of a candidate, a candidate's
personal campaign committee, or a political issues committee for political purposes at less than
fair market value.
(6) "Filing entity" means the same as that term is defined in Section 
20A-11-101
.
(7) "Governmental interlocal cooperation agency" means an interlocal cooperation
agency that receives some or all of its revenues from:
(a) government appropriations;
(b) taxes;
(c) government fees imposed for regulatory or revenue raising purposes; or
(d) interest earned on public funds or other returns on investment of public funds.
(8) [
(a)
] "Influence" means to campaign or advocate for or against a ballot proposition.
[
(b) "Influence" does not mean providing a brief statement about a public entity's
position on a ballot proposition and the reason for that position.
]
(9) "Interlocal cooperation agency" means an entity created by interlocal agreement
under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
(10) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and includes a special service district under Title 17D,
Chapter 1, Special Service District Act.
(11) "Political purposes" means an act done with the intent or in a way to influence or
intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any:
(a) candidate for public office at any caucus, political convention, primary, or election;
or
(b) judge standing for retention at any election.
(12) "Proposed initiative" means an initiative proposed in an application filed under
Section 
20A-7-202
 or 
20A-7-502
.
(13) "Proposed referendum" means a referendum proposed in an application filed
under Section 
20A-7-302
 or 
20A-7-602
.
[
(12)
] 
(14)
 (a) "Public entity" includes the state, each state agency, each county,
municipality, school district, local district, governmental interlocal cooperation agency, and
each administrative subunit of each of them.
(b) "Public entity" does not include a commercial interlocal cooperation agency.
(c) "Public entity" includes local health departments created under Title 26, Chapter 1,
Department of Health Organization.
[
(13)
] 
(15)
 (a) "Public funds" means any money received by a public entity from
appropriations, taxes, fees, interest, or other returns on investment.
(b) "Public funds" does not include money donated to a public entity by a person or
entity.
[
(14)
] 
(16)
 (a) "Public official" means an elected or appointed member of government
with authority to make or determine public policy.
(b) "Public official" includes the person or group that:
(i) has supervisory authority over the personnel and affairs of a public entity; and
(ii) approves the expenditure of funds for the public entity.
[
(15)
] 
(17)
 "Reporting entity" means the same as that term is defined in Section
20A-11-101
.
[
(16)
] 
(18)
 (a) "State agency" means each department, commission, board, council,
agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory,
library, unit, bureau, panel, or other administrative unit of the state.
(b) "State agency" includes the legislative branch, the Board of Regents, the
institutional councils of each higher education institution, and each higher education
institution.
Section 36. Section 
20A-11-1203
 is amended to read:
20A-11-1203.
Public entity prohibited from expending public funds on certain
electoral matters.
(1) Unless specifically required by law, and except as provided in Section
20A-11-1206
, a public entity may not make an expenditure from public funds for political
purposes [
or
]
,
 to influence a ballot proposition
, or to influence a proposed initiative or
proposed referendum
.
(2) A violation of this section does not invalidate an otherwise valid election.
Section 37. Section 
20A-11-1205
 is amended to read:
20A-11-1205.
Use of public email for a political purpose.
(1) Except as provided in Subsection (5), a person may not send an email using the
email of a public entity:
(a) for a political purpose;
(b) to advocate for or against a [
ballot proposition
] 
proposed initiative, initiative,
proposed referendum, or referendum
; or
(c) to solicit a campaign contribution.
(2) The applicable election officer shall impose a civil fine against a person who
violates Subsection (1) as follows:
(a) up to $250 for a first violation; and
(b) except as provided in Subsection (3), for each subsequent violation committed after
any applicable election officer imposes a fine against the person for a first violation, $1,000
multiplied by the number of violations committed by the person.
(3) The applicable election officer shall consider a violation of this section as a first
violation if the violation is committed more than seven years after the day on which the person
last committed a violation of this section.
(4) For purposes of this section, one violation means one act of sending an email,
regardless of the number of recipients of the email.
(5) A person does not violate this section if
:
(a)
 the lieutenant governor finds that the email described in Subsection (1) was
inadvertently sent by the person [
described in Subsection (1),
] using the email of a public
entity[
.
]
;
(b) the person is directly providing information solely to another person or a group of
people in response to a question asked by the other person or group of people; or
(c) the information is an argument or rebuttal argument prepared under Section
20A-7-401.5
 or 
20A-7-402
, and the email includes each opposing argument and rebuttal
argument that:
(i) relates to the same proposed initiative, initiative, proposed referendum, or
referendum; and
(ii) complies with the requirements of Section 
20A-7-401.5
 or 
20A-7-402
.
(6) A violation of this section does not invalidate an otherwise valid election.
Section 38. Section 
20A-11-1206
 is amended to read:
20A-11-1206.
Exclusions.
(1) Nothing in this chapter prohibits a public official from speaking, campaigning,
contributing personal money, or otherwise exercising the public official's individual First
Amendment rights for political purposes.
(2) 
(a)
 [
Nothing
] 
Subject to Subsection (2)(b), nothing
 in this chapter prohibits a public
entity from providing factual information about a ballot proposition to the public, so long as the
information grants equal access to both the opponents and proponents of the ballot proposition.
(b) A county or municipality may not provide any information to the public about a
proposed initiative, initiative, proposed referendum, or referendum unless the county or
municipality:
(i) provides the information in a manner required, or expressly permitted, by law; or
(ii) is directly providing information solely to a person or a group of people in response
to a question asked by the person or group of people.
(3) Nothing in this chapter prohibits a public entity from the neutral encouragement of
voters to vote.
(4) Nothing in this chapter prohibits an elected official from campaigning or
advocating for or against a ballot proposition.
(5) Subject to Subsection (6), a county or municipality may expend a reasonable
amount of public funds to:
(a) prepare and publish a written argument or written rebuttal argument in accordance
with Section 
20A-7-401.5
, 
20A-7-402
, or 
59-1-1604
; or
(b) prepare an argument for, and present an argument at, a public meeting under
Section 
20A-7-405
 or 
59-1-1605
.
(6) A county or municipality may not:
(a) publish an argument or rebuttal argument prepared under Section 
20A-7-401.5
 or
20A-7-402
, unless, at the same time and in the same manner, the county or municipality
publishes each opposing argument and rebuttal argument that:
(i) relates to the same proposed initiative, initiative, proposed referendum, or
referendum; and
(ii) complies with the requirements of Section 
20A-7-401.5
 or 
20A-7-402
;
(b) publish an argument or rebuttal argument for or against a proposed initiative,
initiative, proposed referendum, or referendum that was not prepared and submitted in
accordance with Section 
20A-7-401.5
 or 
20A-7-402
; or
(c) present an argument or rebuttal argument for or against a proposed initiative,
initiative, proposed referendum, or referendum at a public meeting, unless the county or
municipality:
(i) provides, with the notice of the public meeting, notice of the county's or
municipality's intent to present the argument or rebuttal argument at the public meeting; and
(ii) provides equal opportunity for persons to present opposing arguments and rebuttal
arguments at the public meeting.
Legislative Review Note
Office of Legislative Research and General Counsel