Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 4003 First Substitute (2024S4)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 8/22/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• extends the amount of time that the sponsors of a referendum petition have to gather signatures to qualify the referendum for the ballot;
• makes conforming timeline changes to accommodate the extension of the signature-gathering period;
• amends provisions regarding the effective date of legislation that may be subject to a referendum; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATEWIDE REFERENDUM AMENDMENTS
FOURTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
Jason B. Kyle
LONG TITLE
General Description:
This bill, contingent on the passage of a constitutional amendment, extends the amount
of time that the sponsors of a referendum petition have to gather signatures to qualify
the referendum for the ballot.
Highlighted Provisions:
This bill:
▸ extends the amount of time that the sponsors of a referendum petition have to gather
signatures to qualify the referendum for the ballot;
▸ makes conforming timeline changes to accommodate the extension of the
signature-gathering period;
▸ amends provisions regarding the effective date of legislation that may be subject to
a referendum; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-7-105
, as last amended by Laws of Utah 2024, Chapters 442, 465
20A-7-307
, as last amended by Laws of Utah 2023, Chapters 107, 116 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 116
20A-7-311
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-705
, as last amended by Laws of Utah 2019, Chapters 217, 255
20A-7-706
, as last amended by Laws of Utah 2019, Chapter 255
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-7-105
 is amended to read:
20A-7-105.
Manual petition processes -- Obtaining signatures -- Verification --
Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
Removal of signature.
(1) This section applies only to the manual initiative process and the manual
referendum process.
(2) As used in this section:
(a) "Local petition" means:
(i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
or
(ii) a manual local referendum petition described in Part 6, Local Referenda -
Procedures.
(b) "Packet" means an initiative packet or referendum packet.
(c) "Petition" means a local petition or statewide petition.
(d) "Statewide petition" means:
(i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
(ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
(3) (a) A Utah voter may sign a statewide petition if the voter is a legal voter.
(b) A Utah voter may sign a local petition if the voter:
(i) is a legal voter; and
(ii) resides in the local jurisdiction.
(4) (a) The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i) is at least 18 years old;
(ii) verifies each signature sheet by completing the verification printed on the last page
of each packet; and
(iii) is informed that each signer is required to read and understand:
(A) for an initiative petition, the law proposed by the initiative; or
(B) for a referendum petition, the law that the referendum seeks to overturn.
(b) An individual may not sign the verification printed on the last page of a packet if
the individual signed a signature sheet in the packet.
(5) (a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
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) for a statewide initiative:
(A) 30 days after the day on which the first individual signs the initiative packet;
(B) 316 days after the day on which the application for the initiative petition is filed; or
(C) the February 15 immediately before the next regular general election immediately
after the application is filed under Section 
20A-7-202
;
(ii) for a statewide referendum:
(A) 30 days after the day on which the first individual signs the referendum packet; or
(B) [
] 
 days after the day on which the legislative session at which the law passed
ends;
(iii) for a local initiative:
(A) 30 days after the day on which the first individual signs the initiative packet;
(B) 316 days after the day on which the application is filed;
(C) the April 15 immediately before the next regular general election immediately after
the application is filed under Section 
20A-7-502
, if the local initiative is a county initiative; or
(D) the April 15 immediately before the next municipal general election immediately
after the application is filed under Section 
20A-7-502
, if the local initiative is a municipal
initiative; or
(iv) for a local referendum:
(A) 30 days after the day on which the first individual signs the referendum packet; or
(B) 45 days after the day on which the sponsors receive the items described in
Subsection 
20A-7-604
(3) from the local clerk.
(b) A person may not submit a packet after the applicable deadline described in
Subsection (5)(a).
(c) Before delivering an initiative packet to the county clerk under this Subsection (5),
the sponsors shall send an email to each individual who provides a legible, valid email address
on the signature sheet that includes the following:
(i) the subject of the email shall include the following statement, "Notice Regarding
Your Petition Signature"; and
(ii) the body of the email shall include the following statement in 12-point type:
"You signed a petition for the following initiative:
[insert title of initiative]
To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
information on the deadline for removing your signature from the petition, please visit the
following link: [insert a uniform resource locator that takes the individual directly to the page
on the lieutenant governor's or county clerk's website that includes the information referred to
in the email]."
(d) For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on
which the sponsors submit the last initiative packet to the county clerk, submit to the lieutenant
governor:
(i) a list containing:
(A) the name and email address of each individual the sponsors sent, or caused to be
sent, the email described in Subsection (5)(c); and
(B) the date the email was sent;
(ii) a copy of the email described in Subsection (5)(c); and
(iii) the following written verification, completed and signed by each of the sponsors:
"Verification of initiative sponsor State of Utah, County of __________I, __________,
of __________, hereby state, under penalty of perjury, that:
I am a sponsor of the initiative petition entitled ____________________; and
I sent, or caused to be sent, to each individual who provided a legible, valid email
address on a signature sheet submitted to the county clerk in relation to the initiative petition,
the email described in Utah Code Subsection 
20A-7-105
(5)(c).
______________________________________________________________ __
(Name) (Residence Address) (Date)".
(e) For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which
the sponsors submit the last initiative packet to the local clerk, submit to the local clerk the
items described in Subsection (5)(d).
(f) Signatures gathered for an initiative petition are not valid if the sponsors do not
comply with Subsection (5)(c), (d), or (e).
(6) (a) Within 21 days after the day on which the county clerk receives the packet, the
county clerk shall:
(i) use the procedures described in Section 
20A-1-1002
, or 
20A-7-106
 if applicable, to
determine whether each signer is a legal voter and, as applicable, the jurisdiction where the
signer is registered to vote;
(ii) for a statewide initiative or a statewide referendum:
(A) certify on the petition whether each name is that of a legal voter;
(B) post the name, voter identification number, and date of signature of each legal
voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's website, in a
conspicuous location designated by the lieutenant governor; and
(C) deliver the verified packet to the lieutenant governor;
(iii) for a local initiative or a local referendum:
(A) certify on the petition whether each name is that of a legal voter who is registered
in the jurisdiction to which the initiative or referendum relates;
(B) post the name, voter identification number, and date of signature of each legal
voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's website, in a
conspicuous location designated by the lieutenant governor; and
(C) deliver the verified packet to the local clerk.
(b) For a local initiative or local referendum, the local clerk shall post a link in a
conspicuous location on the local government's website to the posting described in Subsection
(6)(a)(iii)(B):
(i) for a local initiative, during the period of time described in Subsection
20A-7-507
(3)(a); or
(ii) for a local referendum, during the period of time described in Subsection
20A-7-607
(2)(a)(i).
(7) The county clerk may not certify a signature under Subsection (6):
(a) on a packet that is not verified in accordance with Subsection (4); or
(b) that does not have a date of signature next to the signature.
(8) (a) A voter who signs a statewide initiative petition may have the voter's signature
removed from the petition by, in accordance with Section 
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed no later than the
earlier of:
(i) for an initiative packet received by the county clerk before December 1:
(A) 30 days after the day on which the voter signs the signature removal statement; or
(B) 90 days after the day on which the lieutenant governor posts the voter's name under
Subsection 
20A-7-207
(2); or
(ii) for an initiative packet received by the county clerk on or after December 1:
(A) 30 days after the day on which the voter signs the signature removal statement; or
(B) 45 days after the day on which the lieutenant governor posts the voter's name under
Subsection 
20A-7-207
(2).
(b) A voter who signs a statewide referendum petition may have the voter's signature
removed from the petition by, in accordance with Section 
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed no later than the
earlier of:
(i) 30 days after the day on which the voter signs the statement requesting removal; or
(ii) 45 days after the day on which the lieutenant governor posts the voter's name under
Subsection 
20A-7-307
(2).
(c) A voter who signs a local initiative petition may have the voter's signature removed
from the petition by, in accordance with Section 
20A-1-1003
, submitting to the county clerk a
statement requesting that the voter's signature be removed no later than the earlier of:
(i) 30 days after the day on which the voter signs the signature removal statement;
(ii) 90 days after the day on which the local clerk posts the voter's name under
Subsection 
20A-7-507
(2);
(iii) 316 days after the day on which the application is filed; or
(iv) (A) for a county initiative, April 15 immediately before the next regular general
election immediately after the application is filed under Section 
20A-7-502
; or
(B) for a municipal initiative, April 15 immediately before the next municipal general
election immediately after the application is filed under Section 
20A-7-502
.
(d) A voter who signs a local referendum petition may have the voter's signature
removed from the petition by, in accordance with Section 
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed no later than the
earlier of:
(i) 30 days after the day on which the voter signs the statement requesting removal; or
(ii) 45 days after the day on which the local clerk posts the voter's name under
Subsection 
20A-7-607
(2)(a).
(e) In order for the signature to be removed, the county clerk must receive the
statement described in this Subsection (8) before 5 p.m. no later than the applicable deadline
described in this Subsection (8).
(f) A county clerk shall analyze a signature, for purposes of removing a signature from
a petition, in accordance with Subsection 
20A-1-1003
(3).
(9) (a) If the county clerk timely receives a statement requesting signature removal
under Subsection (8) and determines that the signature should be removed from the petition
under Subsection 
20A-1-1003
(3), the county clerk shall:
(i) ensure that the voter's name, voter identification number, and date of signature are
not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
(ii) remove the voter's signature from the signature packets and signature packet totals.
(b) The county clerk shall comply with Subsection (9)(a) before the later of:
(i) the deadline described in Subsection (6)(a); or
(ii) two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection (8).
(10) A person may not retrieve a packet from a county clerk, or make any alterations or
corrections to a packet, after the packet is submitted to the county clerk.
Section 2. Section 
20A-7-307
 is amended to read:
20A-7-307.
Evaluation by the lieutenant governor.
(1) In relation to the manual referendum process, when the lieutenant governor receives
a referendum packet from a county clerk, the lieutenant governor shall record the number of the
referendum packet received.
(2) The county clerk shall:
(a) in relation to the manual referendum process:
(i) post the names, voter identification numbers, and dates of signatures described in
Subsection 
20A-7-105
(6)(a)(iii) on the lieutenant governor's website, in a conspicuous location
designated by the lieutenant governor, for at least 45 days; and
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update; or
(b) in relation to the electronic referendum process:
(i) post the names, voter identification numbers, and dates of signatures described in
Subsection 
20A-7-315
(4) on the lieutenant governor's website, in a conspicuous location
designated by the lieutenant governor, for at least 45 days; and
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update.
(3) The lieutenant governor:
(a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
sufficient or insufficient [
] 
 days after the end of the legislative session at which the law
passed; or
(b) may declare the referendum petition to be insufficient before the day described in
Subsection (3)(a) if:
(i) in relation to the manual referendum process, the total of all valid signatures on
timely and lawfully submitted referendum packets that have been certified by the county clerks,
plus the number of signatures on timely and lawfully submitted referendum packets that have
not yet been evaluated for certification, is less than the number of names required under
Section 
20A-7-301
;
(ii) in relation to the electronic referendum process, the total of all timely and lawfully
submitted valid signatures that have been certified by the county clerks, plus the number of
timely and lawfully submitted valid signatures received under Subsection 
20A-21-201
(6)(b)
that have not yet been evaluated for certification, is less than the number of names required
under Section 
20A-7-301
; or
(iii) a requirement of this part has not been met.
(4) (a) If the total number of names certified under Subsection (3) 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 referendum petition the word
"sufficient."
(b) If the total number of names certified under Subsection (3) 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 referendum petition the word
"insufficient."
(c) The lieutenant governor shall immediately notify any one of the sponsors of the
lieutenant governor's finding.
(d) After a referendum petition is declared insufficient, a person may not submit
additional signatures to qualify the referendum for the ballot.
(5) (a) If the lieutenant governor refuses to declare a referendum petition sufficient that
a voter believes is legally sufficient, the voter may, no later than 10 days after the day on which
the lieutenant governor declares the petition insufficient, apply to the appropriate court for an
order finding the referendum petition legally sufficient.
(b) If the court determines that the referendum petition is legally sufficient, the
lieutenant governor shall mark the referendum petition "sufficient" and consider the declaration
of sufficiency effective as of the date on which the referendum petition should have been
declared sufficient by the lieutenant governor's office.
(c) If the court determines that a referendum 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.
(6) A referendum petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 3. Section 
20A-7-311
 is amended to read:
20A-7-311.
Temporary stay -- Effective date -- Effect of repeal by Legislature.
(1) (a) Within 35 calendar days after the day on which the legislative session at which
the law passed ends, the lieutenant governor shall:
(i) determine whether, within 30 calendar days after the day on which the legislative
session at which the law passed ends, the sponsors have submitted signatures to the county
clerks equal to at least 25% of the number of signatures required to qualify the referendum for
placement on the ballot; and
(ii) issue a written statement of the results of the determination.
(b) If the lieutenant governor determines that the sponsors have met the 25% threshold
described in Subsection (1)(a), the effective date of the law challenged by the referendum
changes to the later of:
(i) the effective date of the law; or
(ii) the day after the day on which the lieutenant governor declares the referendum
petition sufficient or insufficient under Section 
20A-7-307
.
[
(1)
] 
(2)
 [
If
] 
Notwithstanding Subsection (1), if
, at the time during the counting period
described in Section 
20A-7-307
, 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)
] 
(3)
 The temporary stay described in Subsection [
(1)
] 
(2)
 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 referendum petition insufficient, five days
after the day on which the lieutenant governor declares the referendum petition insufficient; or
(b) if the lieutenant governor declares the referendum petition sufficient, the day on
which governor issues the proclamation described in Section 
20A-7-310
.
[
(3)
] 
(4)
 A law submitted to the people by referendum that is approved by the voters at
an election 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 approved law.
[
(4)
] 
(5)
 If, after the lieutenant governor issues a temporary stay order under Subsection
[
(1)(a)
] 
(2)(a)
, the lieutenant governor declares the referendum petition insufficient, the law
that is the subject of the referendum petition takes effect the later of:
(a) five days after the day on which the lieutenant governor declares the referendum
petition insufficient; or
(b) the effective date specified in the law that is the subject of the referendum petition.
[
(5)
] 
(6)
 (a) The governor may not veto a law approved by the people.
(b) The Legislature may amend any laws approved by the people at any legislative
session after the people approve the law.
[
(6)
] 
(7)
 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.
Section 4. Section 
20A-7-705
 is amended to read:
20A-7-705.
Measures to be submitted to voters and referendum measures --
Preparation of argument of adoption.
(1) (a) Whenever the Legislature submits any measure to the voters or whenever an act
of the Legislature is referred to the voters by referendum petition, the presiding officer of the
house of origin of the measure shall appoint the sponsor of the measure or act and one member
of either house who voted with the majority to pass the act or submit the measure to draft an
argument for the adoption of the measure.
(b) (i) The argument may not exceed 500 words in length, not counting the information
described in Subsection (4)(e).
(ii) If the sponsor of the measure or act desires separate arguments to be written in
favor by each person appointed, separate arguments may be written but the combined length of
the two arguments may not exceed 500 words, not counting the information described in
Subsection (4)(e).
(2) (a) If a measure or act submitted to the voters by the Legislature or by referendum
petition was not adopted unanimously by the Legislature, the presiding officer of each house
shall, at the same time as appointments to an argument in its favor are made, appoint one
member who voted against the measure or act from their house to write an argument against
the measure or act.
(b) (i) The argument may not exceed 500 words, not counting the information
described in Subsection (4)(e).
(ii) If those members appointed to write an argument against the measure or act desire
separate arguments to be written in opposition to the measure or act by each person appointed,
separate arguments may be written, but the combined length of the two arguments may not
exceed 500 words, not counting the information described in Subsection (4)(e).
(3) (a) The legislators appointed by the presiding officer of the Senate or House of
Representatives to submit arguments shall submit the arguments to the lieutenant governor not
later than the day that falls [
] 
 days before the date of the election.
(b) Except as provided in Subsection (3)(d), the authors may not amend or change the
arguments after they are submitted to the lieutenant governor.
(c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
arguments in any way.
(d) The lieutenant governor and the authors of an argument may jointly modify an
argument after it is submitted if:
(i) they jointly agree that changes to the argument must be made to correct spelling or
grammatical errors; and
(ii) the argument has not yet been submitted for typesetting.
(4) (a) If an argument for or an argument against a measure submitted to the voters by
the Legislature or by referendum petition has not been filed by a member of the Legislature
within the time required by this section:
(i) the lieutenant governor shall immediately:
(A) send an electronic notice that complies with the requirements of Subsection (4)(b)
to each individual in the state for whom the Office of the Lieutenant Governor has an email
address; or
(B) post a notice that complies with the requirements of Subsection (4)(b) on the home
page of the lieutenant governor's website; and
(ii) any voter may, before 5 p.m. no later than seven days after the day on which the
lieutenant governor provides the notice described in Subsection (4)(a)(i), submit a written
request to the presiding officer of the house in which the measure originated for permission to
prepare and file an argument for the side on which no argument has been filed by a member of
the Legislature.
(b) A notice described in Subsection (4)(a)(i) shall contain:
(i) the ballot title for the measure;
(ii) instructions on how to submit a request under Subsection (4)(a)(ii); and
(iii) the deadlines described in Subsections (4)(a)(ii) and (4)(d).
(c) (i) The presiding officer of the house of origin shall grant permission unless two or
more voters timely request permission to submit arguments on the same side of a measure.
(ii) If two or more voters timely request permission to submit arguments on the same
side of a measure, the presiding officer shall, no later than four calendar days after the day of
the deadline described in Subsection (4)(a)(ii), designate one of the voters to write the
argument.
(d) Any argument prepared under this Subsection (4) shall be submitted to the
lieutenant governor before 5 p.m. no later than seven days after the day on which the presiding
officer grants permission to submit the argument.
(e) The lieutenant governor may not accept a ballot argument submitted under this
section unless the ballot argument lists:
(i) the name and address of the individual submitting the argument, if the argument is
submitted by an individual voter; or
(ii) the name and address of the organization and the names and addresses of at least
two of the organization's principal officers, if the argument is submitted on behalf of an
organization.
(f) Except as provided in Subsection (4)(h), the authors may not amend or change the
arguments after they are submitted to the lieutenant governor.
(g) Except as provided in Subsection (4)(h), the lieutenant governor may not alter the
arguments in any way.
(h) The lieutenant governor and the authors of an argument may jointly modify an
argument after it is submitted if:
(i) they jointly agree that changes to the argument must be made to:
(A) correct spelling or grammatical errors; or
(B) properly characterize the position of a state entity, if the argument mischaracterizes
the position of a state entity; and
(ii) the argument has not yet been submitted for typesetting.
(i) If, after the lieutenant governor determines that an argument described in this
section mischaracterizes the position of a state entity, the lieutenant governor and the authors of
the argument cannot jointly agree on a change to the argument, the lieutenant governor:
(i) shall publish the argument with the mischaracterization; and
(ii) may, immediately following the argument, publish a brief description of the
position of the state entity.
Section 5. Section 
20A-7-706
 is amended to read:
20A-7-706.
Copies of arguments to be sent to opposing authors -- Rebuttal
arguments.
(1) When the lieutenant governor has received the arguments for and against a measure
to be submitted to the voters, the lieutenant governor shall immediately send copies of the
arguments in favor of the measure to the authors of the arguments against and copies of the
arguments against to the authors of the arguments in favor.
(2) The authors may prepare and submit rebuttal arguments not exceeding 250 words,
not counting the information described in Subsection 
20A-7-705
(4)(e).
(3) (a) The rebuttal arguments shall be filed with the lieutenant governor:
(i) for constitutional amendments and referendum petitions, before 5 p.m. no later than
[
] 
 days before the date of the election; and
(ii) for initiatives, before 5 p.m. no later than July 30.
(b) Except as provided in Subsection (3)(d), the authors may not amend or change the
rebuttal arguments after they are submitted to the lieutenant governor.
(c) Except as provided in Subsection (3)(d), the lieutenant governor may not alter the
arguments in any way.
(d) The lieutenant governor and the authors of a rebuttal argument may jointly modify
a rebuttal argument after it is submitted if:
(i) they jointly agree that changes to the rebuttal argument must be made to correct
spelling or grammatical errors; and
(ii) the rebuttal argument has not yet been submitted for typesetting.
(4) The lieutenant governor shall ensure that:
(a) rebuttal arguments are printed in the same manner as the direct arguments; and
(b) each rebuttal argument follows immediately after the direct argument which it
seeks to rebut.
Section 6. 
Effective date.
This bill takes effect on January 1, 2025, if the amendment to the Utah Constitution
proposed by S.J.R. 401, Proposal to Amend Utah Constitution - Voter Legislative Power, 2024
4th Special Session, passes the Legislature and is approved by a majority of those voting on it
at the next regular general election.