Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 246 Third Substitute (2021GS)

Sponsor

Rep. Christiansen, S.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• creates the Utah Ballot Measure Board;
• describes the membership, compensation, and duties of the board;
• requires the board to prepare a ballot information statement, relating to a statewide initiative or referendum or a proposed constitutional amendment, that consists of an impartial, accurate description of the measure and the effect of the measure;
• provides for a legal challenge to the content of a ballot information statement;
• requires that a URL be printed on the ballot that links to the ballot information statements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

 BALLOT MEASURE TRANSPARENCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve R. Christiansen
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill provides for a ballot information statement, relating to a statewide initiative or
referendum or a proposed constitutional amendment, that consists of an impartial,
accurate description of the measure and the effect of the measure.
Highlighted Provisions:
This bill:
▸ creates the Utah Ballot Measure Board;
▸ describes the membership, compensation, and duties of the board;
▸ requires the board to prepare a ballot information statement, relating to a statewide
initiative or referendum or a proposed constitutional amendment, that consists of an
impartial, accurate description of the measure and the effect of the measure;
▸ provides for a legal challenge to the content of a ballot information statement;
▸ requires that a URL be printed on the ballot that links to the ballot information
statements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-6-301
, as last amended by Laws of Utah 2020, Chapters 31, 49, and 344
20A-6-304
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-103
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
20A-7-209
, as last amended by Laws of Utah 2019, Chapter 275
20A-7-308
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
20A-7-702
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
ENACTS:
36-33-301
, Utah Code Annotated 1953
36-33-302
, Utah Code Annotated 1953
36-33-303
, Utah Code Annotated 1953
36-33-304
, Utah Code Annotated 1953
36-33-305
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-6-301
 is amended to read:
20A-6-301.
Paper ballots -- Regular general election.
(1) Each election officer shall ensure that:
(a) all manual ballots furnished for use at the regular general election contain:
(i) no captions or other endorsements except as provided in this section;
(ii) no symbols, markings, or other descriptions of a political party or group, except for
a registered political party that has chosen to nominate its candidates in accordance with
Section 
20A-9-403
; and
(iii) no indication that a candidate for elective office has been nominated by, or has
been endorsed by, or is in any way affiliated with a political party or group, unless the
candidate has been nominated by a registered political party in accordance with Subsection
20A-9-202
(4) or Subsection 
20A-9-403
(5);
(b) at the top of the ballot, the following endorsements are printed in 18 point bold type:
(i) "Official Ballot for ____ County, Utah";
(ii) the date of the election; and
(iii) the words "certified by the Clerk of __________ County" or, as applicable, the
name of a combined office that includes the duties of a county clerk;
(c) unaffiliated candidates, candidates not affiliated with a registered political party,
and all other candidates for elective office who were not nominated by a registered political
party in accordance with Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5), are listed with
the other candidates for the same office in accordance with Section 
20A-6-305
, without a party
name or title;
(d) each ticket containing the lists of candidates, including the party name and device,
are separated by heavy parallel lines;
(e) the offices to be filled are plainly printed immediately above the names of the
candidates for those offices;
(f) the names of candidates are printed in capital letters, not less than one-eighth nor
more than one-fourth of an inch high in heavy-faced type not smaller than 10 point, between
lines or rules three-eighths of an inch apart; and
(g) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
which a write-in candidate is qualified under Section 
20A-9-601
:
(i) the ballot includes a space for a write-in candidate immediately following the last
candidate listed on that ticket; or
(ii) for the offices of president and vice president and governor and lieutenant
governor, the ballot includes two spaces for write-in candidates immediately following the last
candidates on that ticket, one placed above the other, to enable the entry of two valid write-in
candidates.
(2) An election officer shall ensure that:
(a) each individual nominated by any registered political party under Subsection
20A-9-202
(4) or Subsection 
20A-9-403
(5), and no other individual, is placed on the ballot:
(i) under the registered political party's name, if any; or
(ii) under the title of the registered political party as designated by them in their
certificates of nomination or petition, or, if none is designated, then under some suitable title;
(b) the names of all unaffiliated candidates that qualify as required in Chapter 9, Part 5,
Candidates not Affiliated with a Party, are placed on the ballot;
(c) the names of the candidates for president and vice president are used on the ballot
instead of the names of the presidential electors; and
(d) the ballots contain no other names.
(3) When the ballot contains a nonpartisan section, the election officer shall ensure
that:
(a) the designation of the office to be filled in the election and the number of
candidates to be elected are printed in type not smaller than eight point;
(b) the words designating the office are printed flush with the left-hand margin;
(c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
which the voter may vote)" extend to the extreme right of the column;
(d) the nonpartisan candidates are grouped according to the office for which they are
candidates;
(e) the names in each group are placed in the order specified under Section 
20A-6-305
with the surnames last; and
(f) each group is preceded by the designation of the office for which the candidates
seek election, and the words, "Vote for one" or "Vote for up to _____ (the number of
candidates for which the voter may vote)," according to the number to be elected.
(4) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are listed on the ballot in
accordance with Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are listed on the ballot in accordance
with Section 
20A-6-107
; [
and
]
(c) bond propositions that have qualified for the ballot are listed on the ballot under the
title assigned to each bond proposition under Section 
11-14-206
[
.
]
; and
(d) the ballot contains the statement described in Subsection 
36-33-305
(2) at the
beginning of the portion of the ballot that contains ballot measures.
Section 2. Section 
20A-6-304
 is amended to read:
20A-6-304.
Regular general election -- Mechanical ballots.
(1) Each election officer shall ensure that:
(a) the format and content of a mechanical ballot is arranged in approximately the same
order as manual ballots;
(b) the titles of offices and the names of candidates are displayed in vertical columns or
in a series of separate displays;
(c) the mechanical ballot is of sufficient length to include, after the list of candidates:
(i) the names of candidates for judicial offices and any other nonpartisan offices; and
(ii) any ballot propositions submitted to the voters for their approval or rejection;
(d) the office titles are displayed above or at the side of the names of candidates so as
to indicate clearly the candidates for each office and the number to be elected;
(e) the party designation of each candidate who has been nominated by a registered
political party under Subsection 
20A-9-202
(4) or Subsection 
20A-9-403
(5) is displayed
adjacent to the candidate's name; and
(f) if possible, all candidates for one office are grouped in one column or upon one
display screen.
(2) Each election officer shall ensure that:
(a) proposed amendments to the Utah Constitution are displayed in accordance with
Section 
20A-6-107
;
(b) ballot propositions submitted to the voters are displayed in accordance with Section
20A-6-107
; [
and
]
(c) bond propositions that have qualified for the ballot are displayed under the title
assigned to each bond proposition under Section 
11-14-206
[
.
]
; and
(d) the ballot contains the statement described in Subsection 
36-33-305
(2) at the
beginning of the portion of the ballot that contains ballot measures.
Section 3. Section 
20A-7-103
 is amended to read:
20A-7-103.
Constitutional amendments and other questions submitted by the
Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
(1) The procedures contained in this section govern when the Legislature submits a
proposed constitutional amendment or other question to the voters.
(2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
date of the election, publish the full text of the amendment, question, or statute in at least one
newspaper in every county of the state where a newspaper is published.
(3) The legislative general counsel shall:
(a) entitle each proposed constitutional amendment "Constitutional Amendment __"
and assign it a letter according to the requirements of Section 
20A-6-107
;
(b) entitle each proposed question "Proposition Number __" with the number assigned
to the proposition under Section 
20A-6-107
 placed in the blank;
(c) draft and designate a ballot title for each proposed amendment or question
submitted by the Legislature that summarizes the subject matter of the amendment or question;
and
(d) deliver each number and title to the lieutenant governor.
(4) The lieutenant governor shall certify the number [
and ballot title of
]
, the ballot title,
and the ballot information statement described in Section 
36-33-304
 for
 each amendment or
question to the county clerk of each county no later than 65 days before the date of the election.
(5) The county clerk of each county shall:
(a) ensure that [
both the number and title of each amendment and question is printed
on the sample ballots and official ballots; and
]
, for each amendment or question described in
this section, the sample and official ballots show, in the following order:
(i) the information described in Subsection (3)(a) or (b), as applicable;
(ii) the ballot title described in this section;
(iii) the ballot question; and
(iv) for a proposed constitutional amendment, the following statement, "Go to the URL
listed at the beginning of this portion of the ballot for explanatory information."; and
(b) publish [
them
] 
the ballots
 as provided by law.
Section 4. Section 
20A-7-209
 is amended to read:
20A-7-209.
Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) On or before June 5 before the regular general election, the lieutenant governor
shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
and give it a number as assigned under Section 
20A-6-107
;
(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
measure; and
(iii) return each petition and ballot title to the lieutenant governor [
by
] 
on or before
June 26.
(b) The ballot title may be distinct from the title of the proposed law attached to the
initiative petition, and [
shall be not more than
] 
may not exceed
words.
(c) If the initiative proposes a tax increase, the Office of Legislative Research and
General Counsel shall include the following statement, in bold, in the ballot title:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(d) For each state initiative, the official ballot shall show, in the following order:
[
(i) the number of the initiative as determined by the Office of Legislative Research
and General Counsel;
]
(i) the information described in Subsection (2)(a)(i);
(ii) the initial fiscal impact estimate prepared under Section 
20A-7-202.5
, as updated
under Section 
20A-7-204.1
; [
and
]
[
(iii) the ballot title as determined by the Office of Legislative Research and General
Counsel.
]
(iii) the ballot title described in this section;
(iv) the ballot question; and
(v) the following statement, "Go to the URL listed at the beginning of this portion of
the ballot for explanatory information.".
(3) On or before June 27, the lieutenant governor shall mail a copy of the ballot title to
any sponsor of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
challenge the wording of the ballot title prepared by the Office of Legislative Research and
General Counsel to the appropriate court.
(ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
notice of the challenge to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; or
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the [
person
] 
individual
 designated to receive notice
about any issues relating to the initiative.
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the initiative.
(ii) The court may not revise the wording of the ballot title unless the plaintiffs rebut
the presumption by clearly and convincingly establishing that the ballot title is patently false or
biased.
(c) The court shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) certify to the lieutenant governor a ballot title for the measure that meets the
requirements of this section.
(d) The lieutenant governor shall certify the title verified by the court to the county
clerks to be printed on the official ballot.
Section 5. Section 
20A-7-308
 is amended to read:
20A-7-308.
Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) Whenever a referendum petition is declared sufficient for submission to a vote of
the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
the Office of Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state referendum that [
has qualified
] 
qualifies
 for the ballot "Proposition
Number __" and [
give it a number as assigned under
] 
assign a number to the referendum in
accordance with
 Section 
20A-6-107
;
(ii) prepare an impartial ballot title for the referendum summarizing the contents of the
measure; and
(iii) [
return the petition and
] 
submit
 the ballot title to the lieutenant governor within 15
days after [
its receipt
] 
the day on which the Office of Legislative Research and General
Counsel receives the petition under Subsection (1)
.
(b) The ballot title may be distinct from the title of the law that is the subject of the
petition, and [
shall be not more than
] 
may not exceed
words.
[
(c) The ballot title and the number of the measure as determined by the Office of
Legislative Research and General Counsel shall be printed on the official ballot.
]
(c) For each state referendum, the official ballot shall show, in the following order:
(i) the information described in Subsection (2)(a)(i);
(ii) the ballot title described in this section;
(iii) the ballot question; and
(iv) the following statement, "Go to the URL listed at the beginning of this portion of
the ballot for explanatory information.".
(3) Immediately after the Office of Legislative Research and General Counsel [
files a
copy of
] 
submits
 the ballot title [
with
] 
to
 the lieutenant governor, the lieutenant governor shall
mail 
or email
 a copy of the ballot title to any of the sponsors of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, within 15 days [
of the date
]
after the day on which
 the lieutenant governor mails 
or emails
 the ballot title, challenge the
wording of the ballot title prepared by the Office of Legislative Research and General Counsel
to the [
Supreme Court
] 
appropriate court
.
(ii) After receipt of the appeal, the [
Supreme Court
] 
court
 shall direct the lieutenant
governor to send notice of the appeal to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; [
or
] 
and
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the referendum.
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the referendum.
(ii) The [
Supreme Court
] 
court
 may not revise the wording of the ballot title unless the
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
patently false or biased.
(c) The [
Supreme Court
] 
court
 shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) [
certify to the lieutenant governor a ballot title for the measure that meets
] 
enter an
order consistent with
 the requirements of this section.
(d) The lieutenant governor shall
, in accordance with the court's order,
 certify the 
ballot
title [
verified by the Supreme Court
] to the county clerks to be printed on the official ballot.
Section 6. Section 
20A-7-702
 is amended to read:
20A-7-702.
Voter information pamphlet -- Form -- Contents.
(1) The voter information pamphlet shall contain the following items in this order:
(a) a cover title page;
(b) an introduction to the pamphlet by the lieutenant governor;
(c) a table of contents;
(d) a list of all candidates for constitutional offices;
(e) a list of candidates for each legislative district;
(f) a 100-word statement of qualifications for each candidate for the office of governor,
lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
candidate to the lieutenant governor's office before 5 p.m. on the first business day in August
before the date of the election;
(g) information pertaining to all measures to be submitted to the voters, beginning a
new page for each measure and containing, in the following order for each measure:
(i) a copy of the number and ballot title of the measure;
(ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
the Legislature or by referendum;
(iii) the impartial analysis of the measure prepared by the Office of Legislative
Research and General Counsel;
(iv) the ballot information statement described in Section 
36-33-304
;
[
(iv)
] 
(v)
 the arguments in favor of the measure, the rebuttal to the arguments in favor
of the measure, the arguments against the measure, and the rebuttal to the arguments against
the measure, with the name and title of the authors at the end of each argument or rebuttal;
[
(v)
] 
(vi)
 for each constitutional amendment, a complete copy of the text of the
constitutional amendment, with all new language underlined, and all deleted language placed
within brackets;
[
(vi)
] 
(vii)
 for each initiative qualified for the ballot:
(A) a copy of the measure as certified by the lieutenant governor and a copy of the
fiscal impact estimate prepared according to Section 
20A-7-202.5
; and
(B) if the initiative proposes a tax increase, the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; and
[
(vii)
] 
(viii)
 for each referendum qualified for the ballot, a complete copy of the text of
the law being submitted to the voters for their approval or rejection, with all new language
underlined and all deleted language placed within brackets, as applicable;
(h) a description provided by the Judicial Performance Evaluation Commission of the
selection and retention process for judges, including, in the following order:
(i) a description of the judicial selection process;
(ii) a description of the judicial performance evaluation process;
(iii) a description of the judicial retention election process;
(iv) a list of the criteria of the judicial performance evaluation and the minimum
performance standards;
(v) the names of the judges standing for retention election; and
(vi) for each judge:
(A) a list of the counties in which the judge is subject to retention election;
(B) a short biography of professional qualifications and a recent photograph;
(C) a narrative concerning the judge's performance;
(D) for each standard of performance, a statement identifying whether or not the judge
met the standard and, if not, the manner in which the judge failed to meet the standard;
(E) a statement identifying whether or not the Judicial Performance Evaluation
Commission recommends the judge be retained or declines to make a recommendation and the
number of votes for and against the commission's recommendation;
(F) any statement provided by a judge who is not recommended for retention by the
Judicial Performance Evaluation Commission under Section 
78A-12-203
;
(G) in a bar graph, the average of responses to each survey category, displayed with an
identification of the minimum acceptable score as set by Section 
78A-12-205
 and the average
score of all judges of the same court level; and
(H) a website address that contains the Judicial Performance Evaluation Commission's
report on the judge's performance evaluation;
(i) for each judge, a statement provided by the Utah Supreme Court identifying the
cumulative number of informal reprimands, when consented to by the judge in accordance with
Title 78A, Chapter 11, Judicial Conduct Commission, formal reprimands, and all orders of
censure and suspension issued by the Utah Supreme Court under Utah Constitution, Article
VIII, Section 13, during the judge's current term and the immediately preceding term, and a
detailed summary of the supporting reasons for each violation of the Code of Judicial Conduct
that the judge has received;
(j) an explanation of ballot marking procedures prepared by the lieutenant governor,
indicating the ballot marking procedure used by each county and explaining how to mark the
ballot for each procedure;
(k) voter registration information, including information on how to obtain a ballot;
(l) a list of all county clerks' offices and phone numbers;
(m) the address of the Statewide Electronic Voter Information Website, with a
statement indicating that the election officer will post on the website any changes to the
location of a polling place and the location of any additional polling place;
(n) a phone number that a voter may call to obtain information regarding the location
of a polling place; and
(o) on the back cover page, a printed copy of the following statement signed by the
lieutenant governor:
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
correct according to law.
SEAL
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
of ____ (month), ____ (year)
(signed) ____________________________________
Lieutenant Governor"
(2) No earlier than 75 days, and no later than 15 days, before the day on which voting
commences, the lieutenant governor shall make all information provided in the voter
information pamphlet available on the Statewide Electronic Voter Information Website
Program described in Section 
20A-7-801
.
(3) The lieutenant governor may distribute a voter information pamphlet at a location
frequented by a person who cannot easily access the Statewide Electronic Voter Information
Website authorized by Section 
20A-7-801
.
Section 7. Section 
36-33-301
 is enacted to read:
CHAPTER 33. UTAH BALLOT MEASURE BOARD
 36-33-301.
Title.
This chapter is known as "Utah Ballot Measure Board."
Section 8. Section 
36-33-302
 is enacted to read:
 36-33-302.
Definitions.
As used in this chapter, "board" means the Utah Ballot Measure Board, created in
Section 
36-33-303
.
Section 9. Section 
36-33-303
 is enacted to read:
 36-33-303.
Utah Ballot Measure Board.
(1) There is created the Utah Ballot Measure Board.
(2) The board comprises five members appointed as follows:
(a) one member jointly appointed by the president of the Senate and the speaker of the
House of Representatives, which member shall serve as chair of the board;
(b) one member of the Senate appointed by the president of the Senate;
(c) one member of the House of Representatives appointed by the speaker of the House
of Representatives;
(d) one member of the Senate appointed by the legislative leader of the largest minority
political party in the Senate; and
(e) one member of the House of Representatives appointed by the legislative leader of
the largest minority political party in the House of Representatives.
(3) The term of a member of the board is four years, except that the initial term of a
member described in Subsection (2)(b) or (2)(e) is two years.
(4) An appointing authority described in Subsection (2):
(a) may remove a board member appointed by the appointing authority, for cause;
(b) shall, if a vacancy occurs in the position appointed by the appointing authority
under Subsection (2), appoint another individual to fill the vacancy, for the remainder of the
term of the vacant position, within 10 days after the day on which the vacancy occurs; and
(c) may make a temporary appointment to fill the position of the board member
appointed by the appointing authority when the board member has a conflict of interest relating
to a matter before the board.
(5) Compensation and expenses of a board member are governed by Section 
36-2-2
and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6) The board shall meet upon the request of a majority of the board members or when
the chair calls a meeting.
(7) (a) A majority of the members of the board constitutes a quorum.
(b) The board takes official action by a majority vote of a quorum present at a meeting
of the board.
(8) Each board member shall faithfully discharge the duties of a board member in an
independent, impartial, and honest manner.
(9) The Office of Legislative Research and General Counsel will provide staff support
to the board.
Section 10. Section 
36-33-304
 is enacted to read:
 36-33-304.
Duties of board.
(1) Upon receiving a copy of a law proposed by initiative under Subsection
20A-7-209
(1) or a copy of a referendum petition under Subsection 
20A-7-308
(1), or upon
passage by the Legislature of a proposed constitutional amendment in accordance with Utah
Constitution, Article XXXIII, Sec. 1, the Office of Legislative Research and General Counsel
shall:
(a) forward a copy of the proposed law, referendum petition, or proposed constitutional
amendment to the members of the board; and
(b) contact board members to arrange a meeting of the board.
(2) The board shall prepare a ballot information statement that:
(a) consists of an impartial, accurate description of the measure and the effect of the
measure;
(b) is expressed using bullet points; and
(c) does not exceed 200 words.
(3) The board shall submit the ballot information statement described in Subsection (2)
to the lieutenant governor:
(a) for an initiative or a proposed constitutional amendment, on or before June 26; or
(b) for a referendum, within 15 days after the day on which the Office of Legislative
Research and General Counsel receives a copy of the referendum petition under Subsection
20A-7-308
(1).
(4) The lieutenant governor shall, no later than one day after the day on which the
lieutenant governor receives a ballot information statement under Subsection (3):
(a) mail or email a copy of the ballot information statement to:
(i) for an initiative or referendum, any sponsor of the petition; or
(ii) for a proposed constitutional amendment, the Senate and House of Representatives
sponsors of the constitutional amendment resolution passed by the Legislature in accordance
with Utah Constitution, Article XXXIII, Sec. 1; and
(b) post the ballot information statement on the lieutenant governor's website for
review by the public.
(5) (a) Any of the following may challenge the wording of the ballot information
statement prepared by the board to the appropriate court:
(i) for an initiative or a referendum:
(A) three of the petition sponsors;
(B) the Legislature; or
(C) an individual who, under Section 
20A-7-704
 or 
20A-7-705
, is appointed to, or files
a written notice that the individual intends to, submit a written argument for or against the
measure; or
(ii) for a proposed constitutional amendment:
(A) a sponsor described in Subsection (4)(a)(ii);
(B) the Legislature; or
(C) an individual who, under Section 
20A-7-705
, is appointed to, or files a written
notice that the individual intends to, submit a written argument for or against the measure.
(b) An individual shall bring a challenge described in Subsection (5)(a):
(i) for an initiative or a proposed constitutional amendment, on or before July 6; or
(ii) for a referendum, within 15 days after the day on which the lieutenant governor
complies with Subsection (4).
(c) After receipt of the challenge, the court shall direct the lieutenant governor to send
notice of the challenge to:
(i) the general counsel of the Legislature;
(ii) an individual who, under Section 
20A-7-704
 or 
20A-7-705
, is appointed to, or files
a written notice that the individual intends to, submit a written argument for or against the
measure; and
(iii) a political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the measure.
(d) (i) There is a presumption that the ballot information statement prepared by the
board is an impartial, accurate description of the measure and the effect of the measure.
(ii) The court may not revise the wording of the ballot information statement unless the
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot
information statement is patently false or biased.
(e) The court shall:
(i) examine the ballot information statement;
(ii) hear arguments; and
(iii) enter an order consistent with the requirements of this section.
(6) The lieutenant governor shall certify the ballot statement to the county clerks.
Section 11. Section 
36-33-305
 is enacted to read:
 36-33-305.
Ballot information statement -- Posting -- Ballot reference.
(1) The lieutenant governor shall post each ballot information statement on the
lieutenant governor's website in a location accessed by the uniform resource locator described
in Subsection (2).
(2) At the beginning of the portion of the ballot that contains ballot measures, the ballot
shall include the following statement, "For more information on the likely impact of a measure
passing or not passing, go to [insert the uniform resource locator that links to the ballot
information statements described in Subsection (1)].".