01-06 12:40 H.B. 101
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Ballot Proposition Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
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LONG TITLE
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General Description:
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This bill modifies provisions in the Election Code relating to certain ballot propositions.
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Highlighted Provisions:
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This bill:
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▸ requires the Office of Legislative Research and General Counsel to prepare:
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● an impartial ballot title and analysis for a proposed constitutional amendment or
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another question submitted by the Legislature; and
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● an impartial analysis of a statewide initiative or referendum.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-7-101, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
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20A-7-103, as last amended by Laws of Utah 2024, Chapter 465
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20A-7-702, as last amended by Laws of Utah 2024, Chapter 465
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20A-7-703, as last amended by Laws of Utah 2024, Chapter 465
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20A-7-703.1, as enacted by Laws of Utah 2024, Chapter 465
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-7-101 is amended to read:
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20A-7-101 . Definitions.
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As used in this chapter:
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(1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
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gather signatures for the electronic initiative process, the electronic referendum process,
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or the electronic candidate qualification process.
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(2) "Budget officer" means: H.B. 101 01-06 12:40
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(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
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(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
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(c) for a town, the town council.
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(3) "Certified" means that the county clerk has acknowledged a signature as being the
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signature of a registered voter.
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(4) "Circulation" means the process of submitting an initiative petition or a referendum
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petition to legal voters for their signature.
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(5) "Electronic initiative process" means:
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(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
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and 20A-21-201, for gathering signatures; or
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(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
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20A-21-201, for gathering signatures.
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(6) "Electronic referendum process" means:
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(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313
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and 20A-21-201, for gathering signatures; or
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(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
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20A-21-201, for gathering signatures.
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(7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
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town that is holding an election on a ballot proposition.
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(8) "Final fiscal impact statement" means a financial statement prepared after voters
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approve an initiative that contains the information required by Subsection 20A-7-202.5
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(2) or 20A-7-502.5(2).
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(9) "Initial fiscal impact statement" means a financial statement prepared under Section
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20A-7-202.5 after the filing of a statewide initiative application.
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(10) "Initial fiscal impact and legal statement" means a financial and legal statement
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prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
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referendum.
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(11) "Initiative" means a new law proposed for adoption by the public as provided in this
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chapter.
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(12) "Initiative application" means:
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(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
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includes all the information, statements, documents, and notarized signatures
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required under Subsection 20A-7-202(2); or
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(b) for a local initiative, an application described in Subsection 20A-7-502(2) that
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includes all the information, statements, documents, and notarized signatures
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required under Subsection 20A-7-502(2).
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(13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
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and the signature sheets, all of which have been bound together as a unit.
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(14) "Initiative petition":
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(a) as it relates to a statewide initiative, using the manual initiative process:
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(i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
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submission of the initiative to the Legislature or the legal voters; and
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(ii) if the initiative proposes a tax increase, includes the statement described in
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Subsection 20A-7-203(2)(b);
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(b) as it relates to a statewide initiative, using the electronic initiative process:
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(i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
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submission of the initiative to the Legislature or the legal voters; and
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(ii) if the initiative proposes a tax increase, includes the statement described in
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Subsection 20A-7-215(5)(b);
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(c) as it relates to a local initiative, using the manual initiative process:
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(i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
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submission of the initiative to the legislative body or the legal voters; and
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(ii) if the initiative proposes a tax increase, includes the statement described in
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Subsection 20A-7-503(2)(b); or
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(d) as it relates to a local initiative, using the electronic initiative process:
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(i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
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submission of the initiative to the legislative body or the legal voters; and
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(ii) if the initiative proposes a tax increase, includes the statement described in
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Subsection 20A-7-514(4)(a).
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(15)(a) "Land use law" means a law of general applicability, enacted based on the
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weighing of broad, competing policy considerations, that relates to the use of land,
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including land use regulation, a general plan, a land use development code, an
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annexation ordinance, the rezoning of a single property or multiple properties, or a
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comprehensive zoning ordinance or resolution.
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(b) "Land use law" does not include a land use decision, as defined in Section 10-9a-103
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or 17-27a-103.
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(16) "Legal signatures" means the number of signatures of legal voters that:
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(a) meet the numerical requirements of this chapter; and
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(b) have been obtained, certified, and verified as provided in this chapter.
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(17) "Legal voter" means an individual who is registered to vote in Utah.
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(18) "Legally referable to voters" means:
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(a) for a proposed local initiative, that the proposed local initiative is legally referable to
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voters under Section 20A-7-502.7; or
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(b) for a proposed local referendum, that the proposed local referendum is legally
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referable to voters under Section 20A-7-602.7.
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(19) "Local attorney" means the county attorney, city attorney, or town attorney in whose
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jurisdiction a local initiative or referendum petition is circulated.
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(20) "Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction
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a local initiative or referendum petition is circulated.
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(21)(a) "Local law" includes:
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(i) an ordinance;
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(ii) a resolution;
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(iii) a land use law;
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(iv) a land use regulation, as defined in Section 10-9a-103; or
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(v) other legislative action of a local legislative body.
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(b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
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(22) "Local legislative body" means the legislative body of a county, city, or town.
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(23) "Local obligation law" means a local law passed by the local legislative body
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regarding a bond that was approved by a majority of qualified voters in an election.
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(24) "Local tax law" means a law, passed by a political subdivision with an annual or
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biannual calendar fiscal year, that increases a tax or imposes a new tax.
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(25) "Manual initiative process" means the process for gathering signatures for an initiative
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using paper signature packets that a signer physically signs.
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(26) "Manual referendum process" means the process for gathering signatures for a
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referendum using paper signature packets that a signer physically signs.
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(27)(a) "Measure" means a proposed constitutional amendment, an initiative, or
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referendum.
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(b) "Measure" does not include a ballot proposition for the creation of a new school
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district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
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[(28) "Presiding officers" means the president of the Senate and the speaker of the House
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of Representatives.]
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[(29)] (28) "Referendum" means a process by which a law passed by the Legislature or by a
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local legislative body is submitted or referred to the voters for their approval or rejection.
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[(30)] (29) "Referendum application" means:
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(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that
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includes all the information, statements, documents, and notarized signatures
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required under Subsection 20A-7-302(2); or
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(b) for a local referendum, an application described in Subsection 20A-7-602(2) that
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includes all the information, statements, documents, and notarized signatures
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required under Subsection 20A-7-602(2).
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[(31)] (30) "Referendum packet" means a copy of the referendum petition, a copy of the law
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being submitted or referred to the voters for their approval or rejection, and the signature
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sheets, all of which have been bound together as a unit.
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[(32)] (31) "Referendum petition" means:
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(a) as it relates to a statewide referendum, using the manual referendum process, the
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form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law
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passed by the Legislature to legal voters for their approval or rejection;
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(b) as it relates to a statewide referendum, using the electronic referendum process, the
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form described in Subsection 20A-7-313(2), petitioning for submission of a law
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passed by the Legislature to legal voters for their approval or rejection;
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(c) as it relates to a local referendum, using the manual referendum process, the form
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described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to
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legal voters for their approval or rejection; or
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(d) as it relates to a local referendum, using the electronic referendum process, the form
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described in Subsection 20A-7-614(2), petitioning for submission of a local law to
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legal voters for their approval or rejection.
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[(33)] (32) "Signature":
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(a) for a statewide initiative:
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(i) as it relates to the electronic initiative process, means an electronic signature
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collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
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(ii) as it relates to the manual initiative process:
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(A) means a holographic signature collected physically on a signature sheet
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described in Section 20A-7-203;
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(B) as it relates to an individual who, due to a qualifying disability under the
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Americans with Disabilities Act, is unable to fill out the signature sheet or to
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sign the voter's name consistently, the initials "AV," indicating that the voter's
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identity will be verified by an alternate verification process described in
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Section 20A-7-106; and
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(C) does not include an electronic signature;
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(b) for a statewide referendum:
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(i) as it relates to the electronic referendum process, means an electronic signature
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collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
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(ii) as it relates to the manual referendum process:
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(A) means a holographic signature collected physically on a signature sheet
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described in Section 20A-7-303;
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(B) as it relates to an individual who, due to a qualifying disability under the
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Americans with Disabilities Act, is unable to fill out the signature sheet or to
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sign the voter's name consistently, the initials "AV," indicating that the voter's
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identity will be verified by an alternate verification process described in
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Section 20A-7-106; and
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(C) does not include an electronic signature;
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(c) for a local initiative:
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(i) as it relates to the electronic initiative process, means an electronic signature
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collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
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(ii) as it relates to the manual initiative process:
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(A) means a holographic signature collected physically on a signature sheet
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described in Section 20A-7-503;
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(B) as it relates to an individual who, due to a qualifying disability under the
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Americans with Disabilities Act, is unable to fill out the signature sheet or to
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sign the voter's name consistently, the initials "AV," indicating that the voter's
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identity will be verified by an alternate verification process described in
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Section 20A-7-106; and
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(C) does not include an electronic signature; or
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(d) for a local referendum:
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(i) as it relates to the electronic referendum process, means an electronic signature
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collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
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(ii) as it relates to the manual referendum process:
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(A) means a holographic signature collected physically on a signature sheet
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described in Section 20A-7-603;
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(B) as it relates to an individual who, due to a qualifying disability under the
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Americans with Disabilities Act, is unable to fill out the signature sheet or to
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sign the voter's name consistently, the initials "AV," indicating that the voter's
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identity will be verified by an alternate verification process described in
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Section 20A-7-106; and
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(C) does not include an electronic signature.
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[(34)] (33) "Signature sheets" means sheets in the form required by this chapter that are used
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under the manual initiative process or the manual referendum process to collect
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signatures in support of an initiative or referendum.
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[(35)] (34) "Special local ballot proposition" means a local ballot proposition that is not a
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standard local ballot proposition.
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[(36)] (35) "Sponsors" means the legal voters who support the initiative or referendum and
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who sign the initiative application or referendum application.
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[(37)] (36)(a) "Standard local ballot proposition" means a local ballot proposition for an
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initiative or a referendum.
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(b) "Standard local ballot proposition" does not include a property tax referendum
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described in Section 20A-7-613.
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[(38)] (37) "Tax percentage difference" means the difference between the tax rate proposed
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by an initiative or an initiative petition and the current tax rate.
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[(39)] (38) "Tax percentage increase" means a number calculated by dividing the tax
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percentage difference by the current tax rate and rounding the result to the nearest
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thousandth.
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[(40)] (39) "Verified" means acknowledged by the person circulating the petition as required
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in Section 20A-7-105.
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Section 2. Section 20A-7-103 is amended to read:
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20A-7-103 . Constitutional amendments and other questions submitted by the
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Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
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(1) The procedures contained in this section govern when the Legislature submits a
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proposed constitutional amendment or other question to the voters.
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(2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
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date of the election, publish the full text of the amendment, question, or statute for the
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state, as a class A notice under Section 63G-30-102, through the date of the election.
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(3) The [presiding officers] Office of Legislative Research and General Counsel shall:
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(a) entitle each proposed constitutional amendment "Constitutional Amendment __" and
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assign a letter to the constitutional amendment in accordance with the requirements
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of Section 20A-6-107;
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(b) entitle each proposed question "Proposition Number __" with the number assigned to
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the proposition under Section 20A-6-107 placed in the blank;
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(c) draft and designate [a] an impartial ballot title for each proposed amendment or
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question submitted by the Legislature that:
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(i) summarizes the subject matter of the amendment or question; and
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(ii) for a proposed constitutional amendment, summarizes any legislation that is
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enacted and will become effective upon the voters' adoption of the proposed
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constitutional amendment; and
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(d) deliver each letter or number and ballot title to the lieutenant governor.
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(4) The lieutenant governor shall certify the letter or number and ballot title of each
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amendment or question to the county clerk of each county no later than 65 days before
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the date of the election.
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(5) The county clerk of each county shall:
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(a) ensure that the letter or number and the ballot title of each amendment and question
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prepared in accordance with this section are included in the sample ballots and
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official ballots; and
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(b) publish the sample ballots and official ballots as provided by law.
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Section 3. Section 20A-7-702 is amended to read:
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20A-7-702 . Voter information pamphlet -- Form -- Contents.
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The voter information pamphlet shall contain the following items in this order:
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(1) a cover title page;
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(2) an introduction to the pamphlet by the lieutenant governor;
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(3) a table of contents;
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(4) a list of all candidates for constitutional offices;
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(5) a list of candidates for each legislative district;
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(6) a 100-word statement of qualifications for each candidate for the office of governor,
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lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
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candidate to the lieutenant governor's office before 5 p.m. on the first business day in
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August before the date of the election;
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(7) information pertaining to all measures to be submitted to the voters, beginning a new
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page for each measure and containing, in the following order for each measure:
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(a) a copy of the number and ballot title of the measure;
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(b) the final vote cast by the Legislature on the measure if it is a measure submitted by
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the Legislature or by referendum;
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(c)[(i) for a measure other than a measure described in Section 20A-7-103, ]the
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impartial analysis of the measure prepared by the Office of Legislative Research
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and General Counsel;[ or]
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[(ii) for a measure described in Section 20A-7-103, the analysis of the measure
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prepared by the presiding officers;]
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(d) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
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measure, the arguments against the measure, and the rebuttal to the arguments against
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the measure, with the name and title of the authors at the end of each argument or
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rebuttal;
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(e) for each constitutional amendment, a complete copy of the text of the constitutional
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amendment, with all new language underlined, and all deleted language placed within
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brackets;
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(f) for each initiative qualified for the ballot:
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(i) a copy of the initiative as certified by the lieutenant governor and a copy of the
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initial fiscal impact statement prepared according to Section 20A-7-202.5; and
286 (ii) if the initiative proposes a tax increase, the following statement in bold type:
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"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
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percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
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increase in the current tax rate."; and
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(g) for each referendum qualified for the ballot, a complete copy of the text of the law
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being submitted to the voters for their approval or rejection, with all new language
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underlined and all deleted language placed within brackets, as applicable;
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(8) a description provided by the Judicial Performance Evaluation Commission of the
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selection and retention process for judges, including, in the following order:
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(a) a description of the judicial selection process;
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(b) a description of the judicial performance evaluation process;
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(c) a description of the judicial retention election process;
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(d) a list of the criteria of the judicial performance evaluation and the certification
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standards;
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(e) the names of the judges standing for retention election; and
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(f) for each judge:
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(i) a list of the counties in which the judge is subject to retention election;
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(ii) a short biography of professional qualifications and a recent photograph;
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(iii) a narrative concerning the judge's performance;
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(iv) for each certification standard under Section 78A-12-205, a statement identifying
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whether, under Section 78A-12-205, the judge met the standard and, if not, the
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manner in which the judge failed to meet the standard;
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(v) a statement that the Judicial Performance Evaluation Commission:
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(A) has determined that the judge meets or exceeds minimum performance
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standards;
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(B) has determined that the judge does not meet or exceed minimum performance
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standards; or
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(C) has not made a determination regarding whether the judge meets or exceeds
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minimum performance standards;
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(vi) any statement, described in Subsection 78A-12-206(3)(b), provided by a judge
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whom the Judicial Performance Evaluation Commission determines does not meet
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or exceed minimum performance standards;
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(vii) in a bar graph, the average of responses to each survey category, displayed with
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an identification of the minimum acceptable score as set by Section 78A-12-205
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and the average score of all judges of the same court level; and
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(viii) a website address that contains the Judicial Performance Evaluation
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Commission's report on the judge's performance evaluation;
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(9) for each judge, a statement provided by the Utah Supreme Court identifying the
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cumulative number of informal reprimands, when consented to by the judge in
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accordance with Title 78A, Chapter 11, Judicial Conduct Commission, formal
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reprimands, and all orders of censure and suspension issued by the Utah Supreme Court
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under Utah Constitution, Article VIII, Section 13, during the judge's current term and the
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immediately preceding term, and a detailed summary of the supporting reasons for each
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violation of the Code of Judicial Conduct that the judge has received;
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(10) an explanation of ballot marking procedures prepared by the lieutenant governor,
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indicating the ballot marking procedure used by each county and explaining how to
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mark the ballot for each procedure;
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(11) voter registration information, including information on how to obtain a ballot;
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(12) a list of all county clerks' offices and phone numbers;
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(13) the address of the Statewide Electronic Voter Information Website, with a statement
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indicating that the election officer will post on the website any changes to the location of
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a polling place and the location of any additional polling place;
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(14) a phone number that a voter may call to obtain information regarding the location of a
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polling place; and
340 (15) on the back cover page, a printed copy of the following statement signed by the lieutenant
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governor:
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"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
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measures contained in this pamphlet will be submitted to the voters of Utah at the election to
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be held throughout the state on ____ (date of election), and that this pamphlet is complete and
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correct according to law.
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SEAL
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Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
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of ____ (month), ____ (year)
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(signed) ____________________________________
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Lieutenant Governor".
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Section 4. Section 20A-7-703 is amended to read:
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20A-7-703 . Analysis of initiative or referendum -- Determination of fiscal effects.
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(1) The director of the Office of Legislative Research and General Counsel, after the
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approval of the legislative general counsel as to legal sufficiency, shall:
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(a) prepare an impartial analysis of each measure submitted to the voters by the
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Legislature or by initiative or referendum petition; and
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(b) submit the impartial analysis to the lieutenant governor no later than the day that
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falls 90 days before the date of the election in which the measure will appear on the
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ballot.
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(2) The director shall ensure that the impartial analysis:
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(a) is not more than 1,000 words long;
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(b) is prepared in clear and concise language that will easily be understood by the
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average voter;
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(c) avoids the use of technical terms as much as possible;
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(d) shows the effect of the measure on existing law;
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(e) identifies any potential conflicts with the United States or Utah Constitutions raised
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by the measure;
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(f) fairly describes the operation of the measure;
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(g) identifies the measure's fiscal effects over the time period or time periods determined
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by the director to be most useful in understanding the estimated fiscal impact of the
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proposed law; and
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(h) identifies the amount of any increase or decrease in revenue or cost to state or local
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government.
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(3)(a) In determining the fiscal effects of a measure, the director shall confer with the
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legislative fiscal analyst.
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(b) The director shall consider any measure that requires implementing legislation in
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order to take effect to have no financial effect, unless implementing legislation has
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been enacted that will become effective upon adoption of the measure by the voters.
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(4) If the director requests the assistance of any state department, agency, or official in
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preparing the director's analysis, that department, agency, or official shall assist the
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director.
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Section 5. Section 20A-7-703.1 is amended to read:
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20A-7-703.1 . Analysis of measure submitted to voters by Legislature --
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Determination of fiscal effects.
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(1) The [presiding officers] Office of Legislative Research and General Counsel shall:
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(a) prepare an impartial analysis of each measure, described in Section 20A-7-103, that
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is submitted to the voters by the Legislature; and
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(b) submit the impartial analysis to the lieutenant governor no later than the day that
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falls 90 days before the date of the election in which the measure will appear on the
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ballot.
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(2) The [presiding officers] Office of Legislative Research and General Counsel shall ensure
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that the analysis:
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(a) is not more than 1,000 words long;
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(b) is prepared in clear and concise language that will easily be understood by the
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average voter;
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(c) to the extent possible, avoids the use of technical terms;
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(d) shows the effect of the measure on existing law;
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(e) describes the measure;
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(f) identifies the measure's fiscal effects over the time period or time periods determined
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by the presiding officers to be most useful in understanding the estimated fiscal
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impact of the measure; and
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(g) identifies the amount of any increase or decrease in revenue or cost to state or local
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government.
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(3) The [presiding officers] Office of Legislative Research and General Counsel shall
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analyze the measure as the measure is proposed to be adopted, without considering any
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implementing legislation, unless the implementing legislation has been enacted and will
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become effective upon the adoption of the measure by the voters.
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(4)(a) In determining the fiscal effects of a measure, the [presiding officers] Office of
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Legislative Research and General Counsel shall confer with the legislative fiscal
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analyst.
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(b) The [presiding officers] Office of Legislative Research and General Counsel shall
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consider any measure that requires implementing legislation in order to take effect to
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have no financial effect, unless implementing legislation has been enacted that will
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become effective upon adoption of the measure by the voters.
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(5) If the [presiding officers request] Office of Legislative Research and General Counsel
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requests the assistance of any state department, agency, or official in preparing the
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analysis described in this section, that department, agency, or official shall assist the [
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presiding officers] Office of Legislative Research and General Counsel.
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Section 1. Effective Date.
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This bill takes effect on May 7, 2025.
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