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