Utah 2023 Regular Session

Utah House Bill HB0452 Compare Versions

Only one version of the bill is available at this time.
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11 H.B. 452
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: J. Rogers 6
44 6 02-13-23 10:17 AM 6
55 H.B. 452
66 1 MUNICIPALITY VOTING AMENDMENTS
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Joel K. Briscoe
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill concerns the ability of a municipality to require voting in a general municipal
1515 10election.
1616 11Highlighted Provisions:
1717 12 This bill:
1818 13 <defines terms;
1919 14 <provides that a municipality may enact an ordinance that requires all eligible voters
2020 15to vote in a general municipal election; and
2121 16 <establishes requirements and procedures for an ordinance that requires all eligible
2222 17voters to vote in a general municipal election.
2323 18Money Appropriated in this Bill:
2424 19 None
2525 20Other Special Clauses:
2626 21 None
2727 22Utah Code Sections Affected:
2828 23ENACTS:
2929 24 10-2a-104.5, Utah Code Annotated 1953
3030 25
3131 26Be it enacted by the Legislature of the state of Utah:
3232 27 Section 1. Section 10-2a-104.5 is enacted to read:
3333 *HB0452* H.B. 452 02-13-23 10:17 AM
3434 - 2 -
3535 28 10-2a-104.5. Ordinance to require voting in general municipal elections.
3636 29 (1) As used in this section:
3737 30 (a) "Vote" means to cast a ballot, including a blank ballot, in a general municipal
3838 31election, either in person or by mail or any other legal method.
3939 32 (b) "Vote" does not mean that a voter is required to fill in or complete a ballot.
4040 33 (2) A municipality may enact an ordinance that requires all eligible voters to vote in a
4141 34general municipal election.
4242 35 (3) An ordinance described under Subsection (2) shall include:
4343 36 (a) a requirement that a resident of the municipality register to vote if the resident is
4444 37eligible to vote under state law;
4545 38 (b) a requirement that a registered voter in the municipality shall vote in a regularly
4646 39scheduled general municipal election;
4747 40 (c) permissible reasons for a registered voter to not vote;
4848 41 (d) a process for sending a letter or other form of notification that:
4949 42 (i) is sent or otherwise provided to an eligible voter who did not vote in a general
5050 43municipal election;
5151 44 (ii) asks the eligible voter if the eligible voter had a valid reason as to why the eligible
5252 45voter did not vote; and
5353 46 (iii) informs the eligible voter that failure to return the notification, even if the
5454 47notification is left blank, could result in a fine, community service, or other penalty; and
5555 48 (e) a provision establishing processes and penalties for an eligible voter's failure to
5656 49return the notification described in Subsection (3)(d), including:
5757 50 (i) a fine no greater than $25 per municipal general election;
5858 51 (ii) an option for community service in lieu of a fine; and
5959 52 (iii) an appeal process for an eligible voter to appeal a penalty based on a failure to
6060 53return the notification described in Subsection (3)(d).
6161 54 (4) No later than 30 days after the day on which the municipality's legislative body
6262 55enacts the ordinance described in Subsection (2), the municipality shall provide notice by
6363 56mailing a copy of the ordinance and a summary of the ordinance to each:
6464 57 (a) owner of real property located within the municipality; and
6565 58 (b) residence within the municipality.