Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 75 First Substitute (2020GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions regarding the publication of certain information related to an individual who signs an initiative or referendum petition;
• modifies deadlines relating to the statewide referendum process;
• modifies appeal provisions;
• provides for a temporary stay, under certain circumstances, of a proposed law to which a referendum petition applies;
• addresses the effective date of a proposed law approved by the voters;
• provides that a referendum petition is void if the Legislature repeals the proposed law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INITIATIVES AND REFERENDA AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill amends provisions related to initiatives and referenda.
Highlighted Provisions:
This bill:
▸ amends provisions regarding the publication of certain information related to an
individual who signs an initiative or referendum petition;
▸ modifies deadlines relating to the statewide referendum process;
▸ modifies appeal provisions;
▸ provides for a temporary stay, under certain circumstances, of a proposed law to
which a referendum petition applies;
▸ addresses the effective date of a proposed law approved by the voters;
▸ provides that a referendum petition is void if the Legislature repeals the proposed
law; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-7-206
, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
20A-7-302
, as last amended by Laws of Utah 2019, Chapter 255
20A-7-305
, as last amended by Laws of Utah 2019, Chapters 210, 255 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 210
20A-7-306
, as last amended by Laws of Utah 2019, Chapters 210, 255 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 210
20A-7-307
, as last amended by Laws of Utah 2019, Chapter 210
20A-7-310
, as last amended by Laws of Utah 2010, Chapter 367
20A-7-311
, as enacted by Laws of Utah 1994, Chapter 1
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-7-206
 is amended to read:
20A-7-206.
Submitting the initiative petition -- Certification of signatures by the
county clerks -- Transfer to lieutenant governor.
(1) (a) In order to qualify an initiative petition for placement on the regular general
election ballot, the sponsors shall deliver a signed and verified initiative packet to the county
clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
(i) 30 days after the day on which the first individual signs the initiative packet;
(ii) 316 days after the day on which the application for the initiative petition is filed; or
(iii) the February 15 immediately before the next regular general election immediately
after the application is filed under Section 
20A-7-202
.
(b) A sponsor may not submit an initiative packet after the deadline described in
Subsection (1)(a).
(2) For an initiative packet received by the county clerk before December 1, the county
clerk shall, within 30 days after the day on which the county clerk receives the packet:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-206.3
;
(b) certify on the petition whether each name is that of a registered voter;
(c) post the name and voter identification number of each registered voter certified
under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
and
(d) deliver the verified initiative packet to the lieutenant governor.
(3) For an initiative packet received by the county clerk on or after December 1, the
county clerk shall, within 21 days after the day on which the county clerk receives the packet:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-206.3
;
(b) certify on the petition whether each name is that of a registered voter;
(c) post the name and [
precinct
] 
voter identification number
 of each registered voter
certified under Subsection (2)(b) in a conspicuous location on the county's website for at least
45 days; and
(d) deliver the verified initiative packet to the lieutenant governor.
(4) Within seven days after timely receipt of a statement described in Subsection
20A-7-205
(3), the county clerk shall:
(a) remove the voter's [
signature
] 
name and voter identification number
 from the
posting described in Subsection (2)(c) or (3)(c); and
(b) (i) remove the voter's signature from the signature packet totals; and
(ii) inform the lieutenant governor of the removal.
(5) The county clerk may not certify a signature under Subsection (2) or (3):
(a) on an initiative packet that is not verified in accordance with Section 
20A-7-205
; or
(b) that does not have a date of signature next to the signature.
(6) In order to qualify an initiative petition for submission to the Legislature, the
sponsors shall deliver each signed and verified initiative packet to the county clerk of the
county in which the packet was circulated before 5 p.m. no later than the November 15 before
the next annual general session of the Legislature immediately after the application is filed
under Section 
20A-7-202
.
(7) The county clerk may not certify a signature under Subsection (8) on an initiative
packet that is not verified in accordance with Section 
20A-7-205
.
(8) No later than December 15 before the annual general session of the Legislature, the
county clerk shall, for an initiative described in Subsection (6):
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-206.3
;
(b) certify on the petition whether each name is that of a registered voter; and
(c) deliver all of the verified initiative packets to the lieutenant governor.
(9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
a county clerk after the initiative packet is submitted to the county clerk.
Section 2. Section 
20A-7-302
 is amended to read:
20A-7-302.
Referendum process -- Application procedures.
(1) Persons wishing to circulate a referendum petition shall file an application with the
lieutenant governor before 5 p.m. within five calendar days after the [
end of
] 
day on which
 the
legislative session at which the law passed 
ends
.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the referendum petition;
(b) a certification indicating that each of the sponsors:
(i) is a voter; and
(ii) has voted in a regular general election in Utah within the last three years;
(c) the signature of each of the sponsors, attested to by a notary public; and
(d) a copy of the law.
Section 3. Section 
20A-7-305
 is amended to read:
20A-7-305.
Obtaining signatures -- Verification -- Removal of signature.
(1) A Utah voter may sign a referendum petition if the voter is a legal voter.
(2) (a) The sponsors shall ensure that the 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
;
(ii) verifies each signature sheet by completing the verification printed on the last page
of each referendum packet; and
(iii) is informed that each signer is required to read and understand the law that the
referendum seeks to overturn.
(b) A person may not sign the verification printed on the last page of the referendum
packet if the person signed a signature sheet in the referendum packet.
(3) (a) A voter who has signed a referendum petition may have the voter's signature
removed from the petition by submitting to the county clerk a statement requesting that the
voter's signature be removed no later than the earlier of:
(i) 14 days after the day on which the voter signs the statement 
requesting removal
; or
(ii) 45 days after the day on which the county clerk posts the voter's name under
Subsection 
20A-7-306
(3)(c).
(b) (i) The statement shall include:
(A) the name of the voter;
(B) the resident address at which the voter is registered to vote;
(C) the signature of the voter; and
(D) the date of the signature described in Subsection (3)(b)(i)(C).
(ii) To increase the likelihood of the voter's signature being identified and removed, the
statement may include the voter's birth date or age.
(c) A voter may not submit a statement by email or other electronic means.
(d) In order for the signature to be removed, the county clerk must receive the
statement before 5 p.m. no later than 45 days after the day on which the county clerk posts the
voter's name under Subsection 
20A-7-306
(3)(c).
(e) A person may only remove a signature from a referendum petition in accordance
with this Subsection (3).
(f) A county clerk shall analyze a signature, for purposes of removing a signature from
a referendum petition, in accordance with Section 
20A-7-206.3
.
Section 4. Section 
20A-7-306
 is amended to read:
20A-7-306.
Submitting the referendum petition -- Certification of signatures by
the county clerks -- Transfer to lieutenant governor.
(1) (a) The sponsors shall deliver a signed and verified referendum packet to the county
clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
(i) 14 days after the day on which the first individual signs the referendum packet; or
(ii) 40 days after the [
end of
] 
day on which
 the legislative session at which the law
passed 
ends
.
(b) A sponsor may not submit a referendum packet after the deadline described in
Subsection (1)(a).
(2) (a) No later than 14 days after the day on which the county clerk receives a verified
referendum packet, the county clerk shall:
(i) check the name of each individual who completes the verification on the last page
of each referendum packet to determine whether the individual is a resident of Utah and is at
least 18 years old; and
(ii) submit the name of each individual 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):
(i) on a referendum packet that is not verified in accordance with Section 
20A-7-305
;
or
(ii) that does not have a date of signature next to the signature.
(3) No later than 14 days after the day on which the county clerk receives a verified
referendum packet, the county clerk shall:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-306.3
;
(b) certify on the referendum petition whether each name is that of a registered voter;
(c) post the name and voter identification number of each registered voter certified
under Subsection (3)(b) in a conspicuous location on the county's website for at least 45 days;
and
(d) deliver the verified referendum packet to the lieutenant governor.
[
(4) Within two business days after timely receipt of a statement described in
Subsection 
20A-7-305
(3), the county clerk shall:
]
[
(a) remove the voter's signature from the posting described in Subsection (3)(c); and
]
[
(b) inform the lieutenant governor of the removal.
]
(4) The county clerk shall, after timely receipt of a statement requesting signature
removal under Subsection 
20A-7-305
(3), remove the voter's name and voter identification
number from the posting described in Subsection (3)(c), and notify the lieutenant governor's
office of the removal, the earlier of:
(a) within two business days after the day on which the the county clerk timely receives
the statement; or
(b) 99 days after the day on which the legislative session at which the law passed ends.
(5) The sponsor or a sponsor's representative may not retrieve a referendum packet
from a county clerk after the referendum packet is submitted to the county clerk.
Section 5. Section 
20A-7-307
 is amended to read:
20A-7-307.
Evaluation by the lieutenant governor.
(1) When a referendum packet is received from a county clerk, the lieutenant governor
shall check off from the record the number of the referendum packet received.
(2) (a) The lieutenant governor shall, within [
] 
seven
 days after the day on which the
lieutenant governor receives a referendum packet from a county clerk:
(i) count the number of the names certified by the county clerks on each verified
signature sheet; and
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update.
(b) The lieutenant governor shall[
: (i) within one business day after the day on which
the lieutenant governor provides the notification described in Subsection 
20A-7-306
(4)(b),
]
subtract the number of signatures removed from the number of signatures certified and update
the number on the lieutenant governor's website accordingly[
; and
] 
no later than the earlier of:
(i) one business day after the day on which the county clerk provides the notification
described in Subsection 
20A-7-306
(4); or
(ii) 54 days after the day on which the legislative session at which the law passed ends.
[
(ii)
] 
(c) The lieutenant governor:
(i) shall, except as provided in Subsection (2)(c)(ii),
 declare the petition to be sufficient
or insufficient [
] 
 days after the end of the legislative session at which the law passed[
.
]
; or
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(c)(i) if, after the county clerks have finished certifying all valid signatures on the timely and
lawfully submitted signature packets, the lieutenant governor makes the determination
described in Subsection (2)(e).
[
(c)
] 
(d)
 If the total number of names certified under this Subsection (2) equals or
exceeds the number of names required under Section 
20A-7-301
, and the requirements of this
part are met, the lieutenant governor shall mark upon the front of the petition the word
"sufficient."
[
(d)
] 
(e)
 If the total number of names certified under this Subsection (2) does not equal
or exceed the number of names required under Section 
20A-7-301
 or a requirement of this part
is not met, the lieutenant governor shall mark upon the front of the petition the word
"insufficient."
[
(e)
] 
(f)
 The lieutenant governor shall immediately notify any one of the sponsors of
the lieutenant governor's finding.
[
(f)
] 
(g)
 After a petition is declared insufficient, the sponsors may not submit additional
signatures to qualify the petition for the ballot.
(3) (a) If the lieutenant governor refuses to accept and file a referendum petition, any
voter may, not later than 10 days after the day on which the lieutenant governor declares the
petition insufficient, apply to the appropriate court for an extraordinary writ to compel the
lieutenant governor to accept and file the referendum petition.
(b) If the court determines that the referendum petition is legally sufficient, the
lieutenant governor shall file the referendum petition, with a verified copy of the judgment
attached to the referendum petition, as of the date on which the referendum petition was
originally offered for filing in the lieutenant governor's office.
(c) If the court determines that a petition filed is not legally sufficient, the court may
enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
and numbers of that measure on the official ballot.
(4) A petition determined to be sufficient in accordance with this section is qualified
for the ballot.
Section 6. Section 
20A-7-310
 is amended to read:
20A-7-310.
Return and canvass -- Conflicting measures.
(1) The votes on the law proposed by the referendum petition shall be counted,
canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
(2) After the state board of canvassers completes its canvass, the lieutenant governor
shall certify to the governor the vote for and against the law proposed by the referendum
petition.
(3) (a) The governor shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the state for and against each law proposed by
a referendum petition; and
(ii) declares those laws proposed by a referendum petition that were approved by
majority vote to be in full force and effect as the law of Utah 
on the effective date described in
Section 
20A-7-311
.
(b) When the governor believes that two proposed laws, or that parts of two proposed
laws approved by the people at the same election are entirely in conflict, [
he
] 
the governor
 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 governor's proclamation, any qualified voter who
signed the referendum petition proposing the law that is declared by the governor to be
superseded by another measure approved at the same election may apply to the [
Supreme
Court
] 
appropriate court
 to review the governor's 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 decision to the governor
] 
enter an order consistent with the court's
decision
.
(5) Within 10 days after the [
Supreme Court certifies its decision
] 
day on which the
court enters an order described in Subsection (4)(b)(ii)
, the governor shall:
(a) proclaim 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 measures approved by the people as law that the [
Supreme Court has
determined
] 
court determines
 to be in conflict, proclaim as law the one that [
received
] 
receives
the greatest number of affirmative votes, regardless of difference in majorities.
Section 7. Section 
20A-7-311
 is amended to read:
20A-7-311.
Temporary stay -- Effective date -- Effect of repeal by Legislature.
(1) If, at the time during the counting period described in Subsection 
20A-7-307
(2), the
lieutenant governor determines that, at that point in time, an adequate number of signatures are
certified to comply with the signature requirements, the lieutenant governor shall:
(a) issue an order temporarily staying the law from going into effect; and
(b) continue the process of certifying signatures and removing signatures as required by
this part.
(2) The temporary stay described in Subsection (1) remains in effect, regardless of
whether a future count falls below the signature threshold, until the day on which:
(a) if the lieutenant governor declares the petition insufficient, five days after the day
on which the lieutenant governor declares the petition insufficient; or
(b) if the lieutenant governor declares the petition sufficient, the day on which
governor issues the proclamation described in Section 
20A-7-310
.
[
(1) (a) Any
] 
(3) A
 proposed law submitted to the people by referendum petition that
is approved by the voters at [
any
] 
an
 election [
does not take effect until at least
] 
takes effect the
later of:
(a)
 five days after the date of the official proclamation of the vote by the governor[
.
]
; or
(b) the effective date specified in the proposed law.
[
(b) Any act or law submitted to the people by referendum that is approved by the
voters at any election takes effect on the date specified in the referendum petition.
]
[
(c) If the referendum petition does not specify an effective date, a law approved by the
voters at any election takes effect five days after the date of the official proclamation of the
vote by the governor.
]
(4) If, after the lieutenant governor issues a temporary stay order under Subsection
(1)(a), the lieutenant governor declares the petition insufficient, the proposed law takes effect
the later of:
(a) five days after the day on which the lieutenant governor declares the petition
insufficient; or
(b) the effective date specified in the proposed law.
[
(2)
] 
(5)
 (a) The governor may not veto a law adopted by the people.
(b) The Legislature may amend any laws approved by the people at any legislative
session after the [
law has taken effect
] 
people approve the law
.
(6) If the Legislature repeals a law challenged by referendum petition under this part,
the referendum petition is void and no further action on the referendum petition is required.