Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 165 (2025GS)

Sponsor

Rep. Thurston, Norman K  (Thurston’s own bill)

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• establishes a procedure for the Legislature to submit a nonbinding opinion question to the voters of Utah;
• describes the duties of the lieutenant governor and county clerks in submitting the nonbinding opinion question to voters; and
• establishes procedures for the ballot form, voter information pamphlet, public notice, manner of voting, and canvass of returns in relation to the nonbinding opinion question.

Every vote on this bill

Bill text

20
20A-6-107
20A-6-301
20A-6-304
20A-7-101
20A-7-702
36-16c-101
36-16c-102
36-16c-201
36-16c-202
36-16c-203
36-16c-301
36-16c-302
36-16c-303
Process for Submitting Nonbinding Opinion Question
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
LONG TITLE
General Description:
This bill modifies the Election Code to establish a procedure for the Legislature to submit a 
nonbinding opinion question to the voters of Utah.
Highlighted Provisions:
This bill:
defines terms;
establishes a procedure for the Legislature to submit a nonbinding opinion question to the 
voters of Utah;
describes the duties of the lieutenant governor and county clerks in submitting the 
nonbinding opinion question to voters; and
establishes procedures for the ballot form, voter information pamphlet, public notice, 
manner of voting, and canvass of returns in relation to the nonbinding opinion question.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-6-107
, as last amended by Laws of Utah 2018, Chapter 458
20A-6-301
, as last amended by Laws of Utah 2021, Chapter 136
20A-6-304
, as last amended by Laws of Utah 2021, Chapter 136
20A-7-101
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
20A-7-702
, as last amended by Laws of Utah 2024, Chapter 465
ENACTS:
36-16c-101
, Utah Code Annotated 1953
36-16c-102
, Utah Code Annotated 1953
36-16c-201
, Utah Code Annotated 1953
36-16c-202
, Utah Code Annotated 1953
36-16c-203
, Utah Code Annotated 1953
36-16c-301
, Utah Code Annotated 1953
36-16c-302
, Utah Code Annotated 1953
36-16c-303
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-6-107
 is amended to read:
20A-6-107. Numbering of ballot propositions and bond propositions -- Duties of 
election officer and lieutenant governor.
(1)
(a)
Except as provided in Subsections 
(1)(b)
 and 
(1)(c)
(1)(b), (1)(c), and (2)
, each 
ballot proposition shall be listed on the ballot under the heading "Proposition #___", 
with the number of the ballot proposition placed in the blank.
(b)
Each proposed amendment to the Utah Constitution shall be listed on the ballot 
under the heading "Constitutional Amendment ___", with a letter placed in the blank.
(c)
Each bond proposition that has qualified for the ballot shall be listed on the ballot 
under the title assigned to each bond proposition under Section 
11-14-206
.
(2)
Each nonbinding opinion question submitted by the Legislature to a vote of the people 
under Title 36, Chapter 16c, Nonbinding Statewide Public Opinion Questions, shall be 
listed on the ballot under the heading "Nonbinding Opinion Question #___," with the 
number of the nonbinding opinion question placed in the blank.
(2)
(3)
(a)
When an election officer or other person given authority to prepare or 
number ballot propositions receives a ballot proposition that is eligible for inclusion 
on the ballot, they shall ask the lieutenant governor to assign a number to the ballot 
proposition.
(b)
(i)
Upon request from an election officer or other person given authority to 
prepare or number ballot propositions, the lieutenant governor shall assign each 
ballot proposition a unique number, except as provided under Subsection 
(2)(b)(iii)
(3)(b)(iii)
.
(ii)
Ballot proposition numbers shall be assigned sequentially, in the order requests 
for ballot proposition numbers are received.
(iii)
The same ballot proposition number may be assigned to multiple ballot 
propositions if:
(A)
the sponsors of each ballot proposition agree, in writing, to share the number; 
and
(B)
the ballot propositions sharing the same number are identical in their terms, 
purpose, and effect, with jurisdiction being the only significant difference 
between the ballot propositions.
(4)
When the lieutenant governor receives a joint resolution for a nonbinding opinion 
question under Section 
36-16c-201
, the lieutenant governor shall:
(a)
assign a number to the nonbinding opinion question that is unique to the nonbinding 
opinion question; and
(b)
assign numbers to each nonbinding opinion question sequentially, in the order in 
which the lieutenant governor receives the joint resolutions.
Section 2, Section 
20A-6-301
 is amended to read:
20A-6-301. Manual 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
;
(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)
nonbinding opinion questions submitted by the Legislature for the regular general 
election are listed on the ballot in accordance with Title 36, Chapter 16c, Nonbinding 
Statewide Public Opinion Questions; and
(d)
(e)
the judicial retention section of the ballot includes a statement at the beginning 
directing voters to the Judicial Performance Evaluation Commission's website in 
accordance with Subsection 
20A-12-201(4)
.
Section 3, 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
;
(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)
nonbinding opinion questions submitted by the Legislature for the regular general 
election are listed on the ballot in accordance with Title 36, Chapter 16c, Nonbinding 
Statewide Public Opinion Questions; and
(d)
(e)
the judicial retention section of the ballot includes a statement at the beginning 
directing voters to the Judicial Performance Evaluation Commission's website in 
accordance with Subsection 
20A-12-201(4)
.
Section 4, Section 
20A-7-101
 is amended to read:
20A-7-101. Definitions.
As used in this chapter:
(1)
"Approved device" means a device described in Subsection 
20A-21-201
(4) used to 
gather signatures for the electronic initiative process, the electronic referendum process, 
or the electronic candidate qualification process.
(2)
"Budget officer" means:
(a)
for a county, the person designated as finance officer as defined in Section 
17-36-3
;
(b)
for a city, the person designated as budget officer in Subsection 
10-6-106
(4); or
(c)
for a town, the town council.
(3)
"Certified" means that the county clerk has acknowledged a signature as being the 
signature of a registered voter.
(4)
"Circulation" means the process of submitting an initiative petition or a referendum 
petition to legal voters for their signature.
(5)
"Electronic initiative process" means:
(a)
as it relates to a statewide initiative, the process, described in Sections 
20A-7-215
 and 
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local initiative, the process, described in Sections 
20A-7-514
 and 
20A-21-201
, for gathering signatures.
(6)
"Electronic referendum process" means:
(a)
as it relates to a statewide referendum, the process, described in Sections 
20A-7-313
 and 
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local referendum, the process, described in Sections 
20A-7-614
 and 
20A-21-201
, for gathering signatures.
(7)
"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.
(8)
"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).
(9)
"Initial fiscal impact statement" means a financial statement prepared under Section 
20A-7-202.5
 after the filing of a statewide initiative application.
(10)
"Initial fiscal impact and legal statement" means a financial and legal statement 
prepared under Section 
20A-7-502.5
 or 
20A-7-602.5
 for a local initiative or a local 
referendum.
(11)
"Initiative" means a new law proposed for adoption by the public as provided in this 
chapter.
(12)
"Initiative application" means:
(a)
for a statewide initiative, an application described in Subsection 
20A-7-202
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-202
(2); or
(b)
for a local initiative, an application described in Subsection 
20A-7-502
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-502
(2).
(13)
"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.
(14)
"Initiative petition":
(a)
as it relates to a statewide initiative, using the manual initiative process:
(i)
means the form described in Subsection 
20A-7-203
(2)(a), petitioning for 
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-203
(2)(b);
(b)
as it relates to a statewide initiative, using the electronic initiative process:
(i)
means the form described in Subsections 
20A-7-215
(2) and (3), petitioning for 
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-215
(5)(b);
(c)
as it relates to a local initiative, using the manual initiative process:
(i)
means the form described in Subsection 
20A-7-503
(2)(a), petitioning for 
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-503
(2)(b); or
(d)
as it relates to a local initiative, using the electronic initiative process:
(i)
means the form described in Subsection 
20A-7-514
(2)(a), petitioning for 
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in 
Subsection 
20A-7-514
(4)(a).
(15)
(a)
"Land use law" means a law of general applicability, enacted based on the 
weighing of broad, competing policy considerations, that relates to the use of land, 
including land use regulation, a general plan, a land use development code, an 
annexation ordinance, the rezoning of a single property or multiple properties, or a 
comprehensive zoning ordinance or resolution.
(b)
"Land use law" does not include a land use decision, as defined in Section 
10-9a-103
 or 
17-27a-103
.
(16)
"Legal signatures" means the number of signatures of legal voters that:
(a)
meet the numerical requirements of this chapter; and
(b)
have been obtained, certified, and verified as provided in this chapter.
(17)
"Legal voter" means an individual who is registered to vote in Utah.
(18)
"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
.
(19)
"Local attorney" means the county attorney, city attorney, or town attorney in whose 
jurisdiction a local initiative or referendum petition is circulated.
(20)
"Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction 
a local initiative or referendum petition is circulated.
(21)
(a)
"Local law" includes:
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section 
10-9a-103
; or
(v)
other legislative action of a local legislative body.
(b)
"Local law" does not include a land use decision, as defined in Section 
10-9a-103
.
(22)
"Local legislative body" means the legislative body of a county, city, or town.
(23)
"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.
(24)
"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.
(25)
"Manual initiative process" means the process for gathering signatures for an initiative 
using paper signature packets that a signer physically signs.
(26)
"Manual referendum process" means the process for gathering signatures for a 
referendum using paper signature packets that a signer physically signs.
(27)
(a)
"Measure" means a proposed constitutional amendment, an initiative, or 
referendum.
(b)
"Measure" does not include
:
(i)
a nonbinding opinion question, defined in Section 
36-16c-101
; or
(ii)
a ballot proposition for the creation of a new school district under Section 
53G-3-301.1
, 
53G-3-301.3
, or 
53G-3-301.4
.
(28)
"Presiding officers" means the president of the Senate and the speaker of the House of 
Representatives.
(29)
"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.
(30)
"Referendum application" means:
(a)
for a statewide referendum, an application described in Subsection 
20A-7-302
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-302
(2); or
(b)
for a local referendum, an application described in Subsection 
20A-7-602
(2) that 
includes all the information, statements, documents, and notarized signatures 
required under Subsection 
20A-7-602
(2).
(31)
"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.
(32)
"Referendum petition" means:
(a)
as it relates to a statewide referendum, using the manual referendum process, the 
form described in Subsection 
20A-7-303
(2)(a), petitioning for submission of a law 
passed by the Legislature to legal voters for their approval or rejection;
(b)
as it relates to a statewide referendum, using the electronic referendum process, the 
form described in Subsection 
20A-7-313
(2), petitioning for submission of a law 
passed by the Legislature to legal voters for their approval or rejection;
(c)
as it relates to a local referendum, using the manual referendum process, the form 
described in Subsection 
20A-7-603
(2)(a), petitioning for submission of a local law to 
legal voters for their approval or rejection; or
(d)
as it relates to a local referendum, using the electronic referendum process, the form 
described in Subsection 
20A-7-614
(2), petitioning for submission of a local law to 
legal voters for their approval or rejection.
(33)
"Signature":
(a)
for a statewide initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature 
collected under Section 
20A-7-215
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-203
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature;
(b)
for a statewide referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature 
collected under Section 
20A-7-313
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-303
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature;
(c)
for a local initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature 
collected under Section 
20A-7-514
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-503
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature; or
(d)
for a local referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature 
collected under Section 
20A-7-614
 and Subsection 
20A-21-201
(6)(c); or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet 
described in Section 
20A-7-603
;
(B)
as it relates to an individual who, due to a qualifying disability under the 
Americans with Disabilities Act, is unable to fill out the signature sheet or to 
sign the voter's name consistently, the initials "AV," indicating that the voter's 
identity will be verified by an alternate verification process described in 
Section 
20A-7-106
; and
(C)
does not include an electronic signature.
(34)
"Signature sheets" means sheets in the form required by this chapter that are used 
under the manual initiative process or the manual referendum process to collect 
signatures in support of an initiative or referendum.
(35)
"Special local ballot proposition" means a local ballot proposition that is not a standard 
local ballot proposition.
(36)
"Sponsors" means the legal voters who support the initiative or referendum and who 
sign the initiative application or referendum application.
(37)
(a)
"Standard local ballot proposition" means a local ballot proposition for an 
initiative or a referendum.
(b)
"Standard local ballot proposition" does not include a property tax referendum 
described in Section 
20A-7-613
.
(38)
"Tax percentage difference" means the difference between the tax rate proposed by an 
initiative or an initiative petition and the current tax rate.
(39)
"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.
(40)
"Verified" means acknowledged by the person circulating the petition as required in 
Section 
20A-7-105
.
Section 5, Section 
20A-7-702
 is amended to read:
20A-7-702. Voter information pamphlet -- Form -- Contents.
The voter information pamphlet shall contain the following items in this order:
(1)
a cover title page;
(2)
an introduction to the pamphlet by the lieutenant governor;
(3)
a table of contents;
(4)
a list of all candidates for constitutional offices;
(5)
a list of candidates for each legislative district;
(6)
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;
(7)
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:
(a)
a copy of the number and ballot title of the measure;
(b)
the final vote cast by the Legislature on the measure if it is a measure submitted by 
the Legislature or by referendum;
(c)
(i)
for a measure other than a measure described in Section 
20A-7-103
, the 
impartial analysis of the measure prepared by the Office of Legislative Research 
and General Counsel; or
(ii)
for a measure described in Section 
20A-7-103
, the analysis of the measure 
prepared by the presiding officers;
(d)
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;
(e)
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;
(f)
for each initiative qualified for the ballot:
(i)
a copy of the initiative as certified by the lieutenant governor and a copy of the 
initial fiscal impact statement prepared according to Section 
20A-7-202.5
; and
(ii)
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
(g)
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;
(8)
for each nonbinding opinion question authorized by the Legislature under Section 
36-16c-201
, the information described in Section 
36-16c-302
;
(8)
(9)
a description provided by the Judicial Performance Evaluation Commission of the 
selection and retention process for judges, including, in the following order:
(a)
a description of the judicial selection process;
(b)
a description of the judicial performance evaluation process;
(c)
a description of the judicial retention election process;
(d)
a list of the criteria of the judicial performance evaluation and the certification 
standards;
(e)
the names of the judges standing for retention election; and
(f)
for each judge:
(i)
a list of the counties in which the judge is subject to retention election;
(ii)
a short biography of professional qualifications and a recent photograph;
(iii)
a narrative concerning the judge's performance;
(iv)
for each certification standard under Section 
78A-12-205
, a statement identifying 
whether, under Section 
78A-12-205
, the judge met the standard and, if not, the 
manner in which the judge failed to meet the standard;
(v)
a statement that the Judicial Performance Evaluation Commission:
(A)
has determined that the judge meets or exceeds minimum performance 
standards;
(B)
has determined that the judge does not meet or exceed minimum performance 
standards; or
(C)
has not made a determination regarding whether the judge meets or exceeds 
minimum performance standards;
(vi)
any statement, described in Subsection 
78A-12-206
(3)(b), provided by a judge 
whom the Judicial Performance Evaluation Commission determines does not meet 
or exceed minimum performance standards;
(vii)
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
(viii)
a website address that contains the Judicial Performance Evaluation 
Commission's report on the judge's performance evaluation;
(9)
(10)
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;
(10)
(11)
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;
(11)
(12)
voter registration information, including information on how to obtain a ballot;
(12)
(13)
a list of all county clerks' offices and phone numbers;
(13)
(14)
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;
(14)
(15)
a phone number that a voter may call to obtain information regarding the 
location of a polling place; and
(15)
(16)
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".
Section 6, Section 
36-16c-101
 is enacted to read:
16c. NONBINDING STATEWIDE PUBLIC OPINION QUESTIONS
1. General Provisions 
36-16c-101. Definitions.
As used in this chapter:
(1)
"Nonbinding opinion question" means a question or series of questions, including each 
possible response to the question or series of questions, that the Legislature submits to 
all legal voters of the state, in accordance with this chapter, for the sole purpose of 
determining the opinion of the voters upon the matter presented in the question or series 
of questions.
(2)
"Originating house" means:
(a)
the Utah House of Representatives if the resolution is a House joint resolution; or
(b)
the Utah State Senate if the resolution is a Senate joint resolution.
(3)
"Regular general election" means the same as that term is defined in Section 
20A-1-102
.
Section 7, Section 
36-16c-102
 is enacted to read:
36-16c-102. Applicability -- Effect of nonbinding opinion question.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, Title 20A, Chapter 7, Issues Submitted 
to the Voters, does not apply to a nonbinding opinion question.
(b)
Subsection 
20A-7-702(7)
 applies to a nonbinding opinion question.
(2)
Regardless of the outcome of a vote on a nonbinding opinion question:
(a)
the vote:
(i)
does not enact, amend, or repeal law; and
(ii)
has no legal effect;
(b)
the Legislature is not required to take any action in response to the vote or the 
outcome of the vote; and
(c)
the Legislature may take action on the subject matter of the nonbinding opinion 
question, regardless of whether the action is consistent with, in conflict with, or in 
opposition to, the outcome of the vote.
Section 8, Section 
36-16c-201
 is enacted to read:
2. Submission of Nonbinding Opinion Questions to Voters
36-16c-201. Resolution to submit nonbinding opinion questions to voters.
(1)
The Legislature may submit a nonbinding opinion question to the legal voters of the 
state by passing a joint resolution in accordance with the requirements of this section.
(2)
The joint resolution described in Subsection (1) shall include:
(a)
the language of the nonbinding opinion question, including each possible response to 
the nonbinding opinion question, as it will appear on the ballot;
(b)
a statement directing that the lieutenant governor submit the language of the 
nonbinding opinion question to the legal voters of the state; and
(c)
language designating the date of the regular general election in which the nonbinding 
opinion question shall be submitted to the voters.
(3)
After passage by both houses of the Legislature, the originating house shall submit the 
joint resolution to the lieutenant governor with instructions that the nonbinding opinion 
question specified in the joint resolution be submitted to the legal voters of the state on 
the regular general election date specified in the resolution.
Section 9, Section 
36-16c-202
 is enacted to read:
36-16c-202. Lieutenant governor's duties.
(1)
After receipt of a joint resolution described in Section 
36-16c-201
, the lieutenant 
governor shall:
(a)
submit the nonbinding opinion question to the legal voters of the state as required by 
the resolution;
(b)
comply with Section 
36-16c-301
; and
(c)
subject to Subsection 
36-16c-102(1)
, comply with all relevant provisions of Title 
20A, Election Code, relating to the conduct of elections.
(2)
The lieutenant governor may establish additional requirements for county clerks to 
facilitate the conduct of the election.
Section 10, Section 
36-16c-203
 is enacted to read:
36-16c-203. Duties of county clerks.
Each county clerk shall, with respect to a nonbinding opinion question described in this 
chapter, comply with:
(1)
subject to Subsection 
36-16c-102(1)
, the requirements of Title 20A, Election Code, 
relating to regular general elections;
(2)
the requirements of Section 
36-16c-301
; and
(3)
any other requirement imposed by the lieutenant governor under Subsection 
36-16c-202(2)
.
Section 11, Section 
36-16c-301
 is enacted to read:
3. Voting and Canvassing
36-16c-301. Procedures -- Ballot title -- Publication of nonbinding opinion 
question.
(1)
The lieutenant governor, the Office of Legislative Research and General Counsel, and 
each county clerk shall comply with the procedures described in this section whenever 
the Legislature authorizes a nonbinding opinion question under Section 
36-16c-201
.
(2)
If the Legislature passes a resolution described in Section 
36-16c-201
, the Office of 
Legislative Research and General Counsel shall, on or before July 20:
(a)
draft a ballot title that summarizes the subject matter of the nonbinding opinion 
question; and
(b)
deliver the ballot title to the lieutenant governor.
(3)
On or before August 31, the lieutenant governor shall certify the number and ballot title 
of the nonbinding opinion question to each county clerk in accordance with Section 
20A-6-107
.
(4)
No earlier than 75 calendar days, nor less than 15 calendar days, before the date of the 
regular general election specified in the resolution described in Section 
36-16c-201
, the 
lieutenant governor shall cause the full text of the nonbinding opinion question to be 
published to the state, as a class A notice under Section 
63G-30-102
, for at least 14 
calendar days.
(5)
Each county clerk shall cause both the number and title of the nonbinding opinion 
question to be printed on:
(a)
the ballot for the regular general election specified in the resolution; and
(b)
the sample ballot.
Section 12, Section 
36-16c-302
 is enacted to read:
36-16c-302. Ballot form -- Manner of voting.
The lieutenant governor shall ensure that a ballot containing a nonbinding opinion 
question includes:
(1)
the number and ballot title of the nonbinding opinion question;
(2)
the text of the nonbinding opinion question; and
(3)
in accordance with the resolution described in Section 
36-16c-201
, all possible 
responses to the nonbinding opinion question, each response presented with an adjacent 
square in which the voter may indicate the voter's vote.
Section 13, Section 
36-16c-303
 is enacted to read:
36-16c-303. Canvass of returns.
(1)
The county legislative body shall conduct a public canvass of the returns from the 
nonbinding opinion question election no later than 14 calendar days after the day on 
which the regular general election is held.
(2)
Each county clerk shall:
(a)
make a certified abstract of the record of the canvassers detailing the votes cast on 
the nonbinding opinion question; and
(b)
seal the transcript, endorse on the transcript, "Election Returns," and transmit the 
transcript to the lieutenant governor's office so that the lieutenant governor receives 
the transcript on or before the fifth day before the day designated for the meeting of 
the state board of canvassers.
(3)
The state board of canvassers established under Section 
20A-4-306
 shall meet to 
compute and determine the vote on the nonbinding opinion question.
Section 14. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-10-25 11:39 AM