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Utah House Bill HB0422

Utah 2023 Regular Session

Utah House Bill HB0422 Compare Versions

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1-1st Sub. H.B. 422
1+H.B. 422
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: T.R. Vaughn 6
4-6 02-22-23 5:15 PM 6
4+6 02-08-23 3:35 PM 6
55 H.B. 422
6-1st Sub. (Buff)
7-Senator Lincoln Fillmore proposes the following substitute bill:
86 1 INITIATIVE AMENDMENTS
97 2 2023 GENERAL SESSION
108 3 STATE OF UTAH
11-4 Chief Sponsor: Jason Kyle
12-5 Senate Sponsor: Lincoln Fillmore
9+4 Chief Sponsor: Jason B. Kyle
10+5 Senate Sponsor: ____________
1311 6
1412 7LONG TITLE
1513 8General Description:
1614 9 This bill modifies provisions relating to a statewide initiative.
1715 10Highlighted Provisions:
1816 11 This bill:
1917 12 <contingent on the passage of a constitutional amendment, modifies the vote
2018 13percentage required to pass a statewide initiative that would increase taxes; and
2119 14 <makes technical changes.
2220 15Money Appropriated in this Bill:
2321 16 None
2422 17Other Special Clauses:
2523 18 This bill provides a special effective date.
26-19 This bill provides a coordination clause.
27-20Utah Code Sections Affected:
28-21AMENDS:
29-22 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
30-23 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
31-24 20A-7-211, as last amended by Laws of Utah 2022, Chapter 18
32-25Utah Code Sections Affected by Coordination Clause:
33-*HB0422S01* 1st Sub. (Buff) H.B. 422 02-22-23 5:15 PM
24+19Utah Code Sections Affected:
25+20AMENDS:
26+21 20A-1-303, as last amended by Laws of Utah 2018, Chapter 187
27+22 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
28+23 20A-7-211, as last amended by Laws of Utah 2022, Chapter 18
29+24
30+25Be it enacted by the Legislature of the state of Utah:
31+26 Section 1. Section 20A-1-303 is amended to read:
32+27 20A-1-303. Determining results.
33+*HB0422* H.B. 422 02-08-23 3:35 PM
3434 - 2 -
35-26 20A-7-211, as last amended by Laws of Utah 2022, Chapter 18
36-27
37-28Be it enacted by the Legislature of the state of Utah:
38-29 Section 1. Section 20A-1-303 is amended to read:
39-30 20A-1-303. Determining results.
40-31 (1) (a) Except as provided in [Title 20A,] Chapter 4, Part 6, Municipal Alternate
41-32Voting Methods Pilot Project, when one person is to be elected or nominated, the person
42-33receiving the highest number of votes at any:
43-34 (i) election for any office to be filled at that election is elected to that office; and
44-35 (ii) primary for nomination for any office is nominated for that office.
45-36 (b) Except as provided in [Title 20A,] Chapter 4, Part 6, Municipal Alternate Voting
46-37Methods Pilot Project, when more than one person is to be elected or nominated, the persons
47-38receiving the highest number of votes at any:
48-39 (i) election for any office to filled at that election are elected to that office; and
49-40 (ii) primary for nomination for any office are nominated for that office.
50-41 (2) [Any] Except as provided in Subsection (3), a ballot proposition submitted to voters
51-42for [their] approval or rejection:
52-43 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
53-44 (b) fails if:
54-45 (i) the number of "yes" votes equal the number of "no" votes; or
55-46 (ii) the number of "no" votes is greater than the number of "yes" votes.
56-47 (3) A statewide initiative submitted to voters for approval or rejection that would
57-48increase taxes:
58-49 (a) passes if the number of "yes" votes is greater than 60% of the total votes cast for or
59-50against the initiative; and
60-51 (b) fails if the number of "yes" votes is equal to or fewer than 60% of the total votes
61-52cast for or against the initiative.
62-53 Section 2. Section 20A-4-304 is amended to read:
63-54 20A-4-304. Declaration of results -- Canvassers' report.
64-55 [(1) Each board of canvassers shall:]
65-56 (1) (a) [except] Except as provided in Part 6, Municipal Alternate Voting Methods 02-22-23 5:15 PM 1st Sub. (Buff) H.B. 422
35+28 (1) (a) Except as provided in [Title 20A,] Chapter 4, Part 6, Municipal Alternate
36+29Voting Methods Pilot Project, when one person is to be elected or nominated, the person
37+30receiving the highest number of votes at any:
38+31 (i) election for any office to be filled at that election is elected to that office; and
39+32 (ii) primary for nomination for any office is nominated for that office.
40+33 (b) Except as provided in [Title 20A,] Chapter 4, Part 6, Municipal Alternate Voting
41+34Methods Pilot Project, when more than one person is to be elected or nominated, the persons
42+35receiving the highest number of votes at any:
43+36 (i) election for any office to filled at that election are elected to that office; and
44+37 (ii) primary for nomination for any office are nominated for that office.
45+38 (2) [Any] Except as provided in Subsection (3), a ballot proposition submitted to voters
46+39for [their] approval or rejection:
47+40 (a) passes if the number of "yes" votes is greater than the number of "no" votes; and
48+41 (b) fails if:
49+42 (i) the number of "yes" votes equal the number of "no" votes; or
50+43 (ii) the number of "no" votes is greater than the number of "yes" votes.
51+44 (3) A statewide initiative submitted to voters for approval or rejection that would
52+45increase taxes:
53+46 (a) passes if the number of "yes" votes is greater than 60% of the total votes cast for or
54+47against the initiative; and
55+48 (b) fails if the number of "yes" votes is equal to or fewer than 60% of the total votes
56+49cast for or against the initiative.
57+50 Section 2. Section 20A-4-304 is amended to read:
58+51 20A-4-304. Declaration of results -- Canvassers' report.
59+52 [(1) Each board of canvassers shall:]
60+53 (1) (a) [except] Except as provided in Part 6, Municipal Alternate Voting Methods
61+54Pilot Project, a board of canvassers shall declare "elected" or "nominated" those persons who:
62+55 (i) had the highest number of votes; and
63+56 (ii) sought election or nomination to an office completely within the board's
64+57jurisdiction[;].
65+58 (b) Except as provided in Subsection (1)(c), a board of canvassers shall declare: 02-08-23 3:35 PM H.B. 422
6666 - 3 -
67-57Pilot Project, a board of canvassers shall declare "elected" or "nominated" those persons who:
68-58 (i) had the highest number of votes; and
69-59 (ii) sought election or nomination to an office completely within the board's
70-60jurisdiction[;].
71-61 (b) Except as provided in Subsection (1)(c), a board of canvassers shall declare:
72-62 (i) "approved" [those ballot propositions] a ballot proposition that:
73-63 (A) [had] receives more "yes" votes than "no" votes; and
74-64 (B) [were] was submitted only to the voters within the board's jurisdiction; or
75-65 (ii) "rejected" [those ballot propositions] a ballot proposition that:
76-66 (A) [had] receives more "no" votes than "yes" votes or an equal number of "no" votes
77-67and "yes" votes; and
78-68 (B) [were] was submitted only to the voters within the board's jurisdiction[;].
79-69 (c) For a statewide initiative that would increase taxes, the state board of canvassers
80-70shall declare the initiative:
81-71 (i) "approved" if the number of "yes" votes is greater than 60% of the total votes cast
82-72for or against the initiative; or
83-73 (ii) "rejected" if the number of "yes" votes is equal to or fewer than 60% of the total
84-74votes cast for or against the initiative.
85-75 [(c)] (d) A board of canvassers shall:
86-76 (i) certify the vote totals for persons, and for and against ballot propositions that were
87-77submitted to voters within and beyond the board's jurisdiction, and transmit those vote totals to
88-78the lieutenant governor; and
89-79 [(d)] (ii) if applicable, certify the results of each local district election to the local
90-80district clerk.
91-81 (2) As soon as the result is declared, the election officer shall prepare a report of the
92-82result, which shall contain:
93-83 (a) the total number of votes cast in the board's jurisdiction;
94-84 (b) the names of each candidate whose name appeared on the ballot;
95-85 (c) the title of each ballot proposition that appeared on the ballot;
96-86 (d) each office that appeared on the ballot;
97-87 (e) from each voting precinct: 1st Sub. (Buff) H.B. 422 02-22-23 5:15 PM
67+59 (i) "approved" [those ballot propositions] a ballot proposition that:
68+60 (A) [had] receives more "yes" votes than "no" votes; and
69+61 (B) [were] was submitted only to the voters within the board's jurisdiction; or
70+62 (ii) "rejected" [those ballot propositions] a ballot proposition that:
71+63 (A) [had] receives more "no" votes than "yes" votes or an equal number of "no" votes
72+64and "yes" votes; and
73+65 (B) [were] was submitted only to the voters within the board's jurisdiction[;].
74+66 (c) For a statewide initiative that would increase taxes, the state board of canvassers
75+67shall declare the initiative:
76+68 (i) "approved" if the number of "yes" votes is greater than 60% of the total votes cast
77+69for or against the initiative; or
78+70 (ii) "rejected" if the number of "yes" votes is equal to or fewer than 60% of the total
79+71votes cast for or against the initiative.
80+72 [(c)] (d) A board of canvassers shall:
81+73 (i) certify the vote totals for persons, and for and against ballot propositions that were
82+74submitted to voters within and beyond the board's jurisdiction, and transmit those vote totals to
83+75the lieutenant governor; and
84+76 [(d)] (ii) if applicable, certify the results of each local district election to the local
85+77district clerk.
86+78 (2) As soon as the result is declared, the election officer shall prepare a report of the
87+79result, which shall contain:
88+80 (a) the total number of votes cast in the board's jurisdiction;
89+81 (b) the names of each candidate whose name appeared on the ballot;
90+82 (c) the title of each ballot proposition that appeared on the ballot;
91+83 (d) each office that appeared on the ballot;
92+84 (e) from each voting precinct:
93+85 (i) the number of votes for each candidate;
94+86 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
95+87Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
96+88potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
97+89phase; and H.B. 422 02-08-23 3:35 PM
9898 - 4 -
99-88 (i) the number of votes for each candidate;
100-89 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
101-90Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
102-91potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
103-92phase; and
104-93 (iii) the number of votes for and against each ballot proposition;
105-94 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
106-95and against each ballot proposition;
107-96 (g) the number of ballots that were rejected; and
108-97 (h) a statement certifying that the information contained in the report is accurate.
109-98 (3) The election officer and the board of canvassers shall:
110-99 (a) review the report to ensure that it is correct; and
111-100 (b) sign the report.
112-101 (4) The election officer shall:
113-102 (a) record or file the certified report in a book kept for that purpose;
114-103 (b) prepare and transmit a certificate of nomination or election under the officer's seal
115-104to each nominated or elected candidate;
116-105 (c) publish a copy of the certified report in accordance with Subsection (5); and
117-106 (d) file a copy of the certified report with the lieutenant governor.
118-107 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
119-108days after the day on which the board of canvassers declares the election results, publicize the
120-109certified report described in Subsection (2):
121-110 (a) (i) by publishing notice at least once in a newspaper of general circulation within
122-111the jurisdiction;
123-112 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
124-113jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
125-114of the jurisdiction, subject to a maximum of 10 notices; or
126-115 (iii) by mailing notice to each residence within the jurisdiction;
127-116 (b) by posting notice on the Utah Public Notice Website, created in Section
128-11763A-16-601, for one week; and
129-118 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for 02-22-23 5:15 PM 1st Sub. (Buff) H.B. 422
99+90 (iii) the number of votes for and against each ballot proposition;
100+91 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
101+92and against each ballot proposition;
102+93 (g) the number of ballots that were rejected; and
103+94 (h) a statement certifying that the information contained in the report is accurate.
104+95 (3) The election officer and the board of canvassers shall:
105+96 (a) review the report to ensure that it is correct; and
106+97 (b) sign the report.
107+98 (4) The election officer shall:
108+99 (a) record or file the certified report in a book kept for that purpose;
109+100 (b) prepare and transmit a certificate of nomination or election under the officer's seal
110+101to each nominated or elected candidate;
111+102 (c) publish a copy of the certified report in accordance with Subsection (5); and
112+103 (d) file a copy of the certified report with the lieutenant governor.
113+104 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
114+105days after the day on which the board of canvassers declares the election results, publicize the
115+106certified report described in Subsection (2):
116+107 (a) (i) by publishing notice at least once in a newspaper of general circulation within
117+108the jurisdiction;
118+109 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
119+110jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
120+111of the jurisdiction, subject to a maximum of 10 notices; or
121+112 (iii) by mailing notice to each residence within the jurisdiction;
122+113 (b) by posting notice on the Utah Public Notice Website, created in Section
123+11463A-16-601, for one week; and
124+115 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
125+116one week.
126+117 (6) Instead of including a copy of the entire certified report, a notice required under
127+118Subsection (5) may contain a statement that:
128+119 (a) includes the following: "The Board of Canvassers for [indicate name of
129+120jurisdiction] has prepared a report of the election results for the [indicate type and date of 02-08-23 3:35 PM H.B. 422
130130 - 5 -
131-119one week.
132-120 (6) Instead of including a copy of the entire certified report, a notice required under
133-121Subsection (5) may contain a statement that:
134-122 (a) includes the following: "The Board of Canvassers for [indicate name of
135-123jurisdiction] has prepared a report of the election results for the [indicate type and date of
136-124election]."; and
137-125 (b) specifies the following sources where an individual may view or obtain a copy of
138-126the entire certified report:
139-127 (i) if the jurisdiction has a website, the jurisdiction's website;
140-128 (ii) the physical address for the jurisdiction; and
141-129 (iii) a mailing address and telephone number.
142-130 (7) When there has been a regular general or a statewide special election for statewide
143-131officers, for officers that appear on the ballot in more than one county, or for a statewide or two
144-132or more county ballot proposition, each board of canvassers shall:
145-133 (a) prepare a separate report detailing the number of votes for each candidate and the
146-134number of votes for and against each ballot proposition; and
147-135 (b) transmit the separate report by registered mail to the lieutenant governor.
148-136 (8) In each county election, municipal election, school election, local district election,
149-137and local special election, the election officer shall transmit the reports to the lieutenant
150-138governor within 14 days after the date of the election.
151-139 (9) In a regular primary election and in a presidential primary election, the board shall
152-140transmit to the lieutenant governor:
153-141 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
154-142governor not later than the second Tuesday after the election; and
155-143 (b) a complete tabulation showing voting totals for all primary races, precinct by
156-144precinct, to be mailed to the lieutenant governor on or before the third Friday following the
157-145primary election.
158-146 Section 3. Section 20A-7-211 is amended to read:
159-147 20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
160-148proclamation.
161-149 (1) The votes on the law proposed by the initiative petition shall be counted, 1st Sub. (Buff) H.B. 422 02-22-23 5:15 PM
131+121election]."; and
132+122 (b) specifies the following sources where an individual may view or obtain a copy of
133+123the entire certified report:
134+124 (i) if the jurisdiction has a website, the jurisdiction's website;
135+125 (ii) the physical address for the jurisdiction; and
136+126 (iii) a mailing address and telephone number.
137+127 (7) When there has been a regular general or a statewide special election for statewide
138+128officers, for officers that appear on the ballot in more than one county, or for a statewide or two
139+129or more county ballot proposition, each board of canvassers shall:
140+130 (a) prepare a separate report detailing the number of votes for each candidate and the
141+131number of votes for and against each ballot proposition; and
142+132 (b) transmit the separate report by registered mail to the lieutenant governor.
143+133 (8) In each county election, municipal election, school election, local district election,
144+134and local special election, the election officer shall transmit the reports to the lieutenant
145+135governor within 14 days after the date of the election.
146+136 (9) In a regular primary election and in a presidential primary election, the board shall
147+137transmit to the lieutenant governor:
148+138 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
149+139governor not later than the second Tuesday after the election; and
150+140 (b) a complete tabulation showing voting totals for all primary races, precinct by
151+141precinct, to be mailed to the lieutenant governor on or before the third Friday following the
152+142primary election.
153+143 Section 3. Section 20A-7-211 is amended to read:
154+144 20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
155+145proclamation.
156+146 (1) The votes on the law proposed by the initiative petition shall be counted,
157+147canvassed, and delivered as provided in [Title 20A,] Chapter 4, Part 3, Canvassing Returns.
158+148 (2) After the state board of canvassers completes the canvass, the lieutenant governor
159+149shall certify to the governor the vote for and against the law proposed by the initiative petition.
160+150 (3) (a) The governor shall immediately issue a proclamation that:
161+151 (i) gives the total number of votes cast in the state for and against each law proposed by H.B. 422 02-08-23 3:35 PM
162162 - 6 -
163-150canvassed, and delivered as provided in [Title 20A,] Chapter 4, Part 3, Canvassing Returns.
164-151 (2) After the state board of canvassers completes the canvass, the lieutenant governor
165-152shall certify to the governor the vote for and against the law proposed by the initiative petition.
166-153 (3) (a) The governor shall immediately issue a proclamation that:
167-154 (i) gives the total number of votes cast in the state for and against each law proposed by
168-155an initiative petition; and
169-156 (ii) (A) except as provided in Subsection (3)(a)(ii)(B), declares [those laws] a law
170-157proposed by an initiative petition that [were] is approved by majority vote to be in full force
171-158and effect on the date described in Subsection 20A-7-212(2)[.]; or
172-159 (B) for a law proposed by an initiative petition that would increase taxes, declares that
173-160law to be in full force and effect on the date described in Subsection 20A-7-212(2), if the
174-161initiative is approved by more than 60% of the total votes cast for or against the initiative.
175-162 (b) When the governor believes that two proposed laws, or that parts of two proposed
176-163laws approved by the people at the same election are entirely in conflict, the governor shall
177-164proclaim that measure to be law that receives the greatest number of affirmative votes,
178-165regardless of the difference in the majorities which those measures receive.
179-166 (c) Within 10 days after the governor's proclamation, any qualified voter who signed
180-167the initiative petition proposing the law that is declared by the governor to be superseded by
181-168another measure approved at the same election may bring an action in the appropriate court to
182-169review the governor's decision.
183-170 (4) Within 10 days after the day on which the court issues an order in an action
184-171described in Subsection (3)(c), the governor shall:
185-172 (a) proclaim all those measures approved by the people as law that the court determines
186-173are not entirely in conflict; and
187-174 (b) of all those measures approved by the people as law that the court determines to be
188-175entirely in conflict, proclaim as law, regardless of the difference in majorities, the law that
189-176receives the greatest number of affirmative votes, to be in full force and effect on the date
190-177described in Subsection 20A-7-212(2).
191-178 Section 4. Contingent effective date.
192-179 This bill takes effect on January 1, 2025, if the amendment to the Utah Constitution
193-180proposed by H.J.R. 17, Proposal to Amend Utah Constitution - Statewide Initiatives, 2023 02-22-23 5:15 PM 1st Sub. (Buff) H.B. 422
194-- 7 -
195-181General Session, passes the Legislature and is approved by a majority of those voting on the
196-182proposed amendment at the 2024 regular general election.
197-183 Section 5. Coordinating H.B. 422 with H.B. 38 -- Technical amendments.
198-184 If this H.B. 422 and H.B. 38, Initiative and Referendum Modifications, both pass and
199-185become law, it is the intent of the Legislature that the Office of Legislative Research and
200-186General Counsel shall prepare the Utah Code database for publication on January 1, 2025, so
201-187that the changes to Subsection 20A-7-211(3)(a) in H.B. 422 supersede the changes to
202-188Subsection 20A-7-211(3)(a) in H.B. 38.
163+152an initiative petition; and
164+153 (ii) (A) except as provided in Subsection (3)(a)(ii)(B), declares [those laws] a law
165+154proposed by an initiative petition that [were] is approved by majority vote to be in full force
166+155and effect on the date described in Subsection 20A-7-212(2)[.]; or
167+156 (B) for a law proposed by an initiative petition that would increase taxes, declares that
168+157law to be in full force and effect on the date described in Subsection 20A-7-212(2), if the
169+158initiative is approved by more than 60% of the total votes cast for or against the initiative.
170+159 (b) When the governor believes that two proposed laws, or that parts of two proposed
171+160laws approved by the people at the same election are entirely in conflict, the governor shall
172+161proclaim that measure to be law that receives the greatest number of affirmative votes,
173+162regardless of the difference in the majorities which those measures receive.
174+163 (c) Within 10 days after the governor's proclamation, any qualified voter who signed
175+164the initiative petition proposing the law that is declared by the governor to be superseded by
176+165another measure approved at the same election may bring an action in the appropriate court to
177+166review the governor's decision.
178+167 (4) Within 10 days after the day on which the court issues an order in an action
179+168described in Subsection (3)(c), the governor shall:
180+169 (a) proclaim all those measures approved by the people as law that the court determines
181+170are not entirely in conflict; and
182+171 (b) of all those measures approved by the people as law that the court determines to be
183+172entirely in conflict, proclaim as law, regardless of the difference in majorities, the law that
184+173receives the greatest number of affirmative votes, to be in full force and effect on the date
185+174described in Subsection 20A-7-212(2).
186+175 Section 4. Contingent effective date.
187+176 This bill takes effect on January 1, 2025, if the amendment to the Utah Constitution
188+177proposed by H.J.R. 17, Proposal to Amend Utah Constitution - Statewide Initiatives, 2023
189+178General Session, passes the Legislature and is approved by a majority of those voting on the
190+179proposed amendment at the 2024 regular general election.