02-21 09:59 H.B. 165
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Process for Submitting Nonbinding Opinion Question
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies the Election Code to establish a procedure for the Legislature to submit a
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nonbinding opinion question to the voters of Utah.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes a procedure for the Legislature to submit a nonbinding opinion question to the
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voters of Utah;
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▸ describes the duties of the lieutenant governor and county clerks in submitting the
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nonbinding opinion question to voters; and
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▸ establishes procedures for the ballot form, voter information pamphlet, public notice,
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manner of voting, and canvass of returns in relation to the nonbinding opinion question.
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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-6-107, as last amended by Laws of Utah 2018, Chapter 458
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20A-6-301, as last amended by Laws of Utah 2021, Chapter 136
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20A-6-304, as last amended by Laws of Utah 2021, Chapter 136
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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-7-702, as last amended by Laws of Utah 2024, Chapter 465
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ENACTS:
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36-16c-101, Utah Code Annotated 1953
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36-16c-102, Utah Code Annotated 1953
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36-16c-201, Utah Code Annotated 1953
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36-16c-202, Utah Code Annotated 1953
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36-16c-203, Utah Code Annotated 1953
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36-16c-301, Utah Code Annotated 1953
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36-16c-302, Utah Code Annotated 1953
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36-16c-303, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-6-107 is amended to read:
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20A-6-107 . Numbering of ballot propositions and bond propositions -- Duties of
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election officer and lieutenant governor.
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(1)(a) Except as provided in Subsections [(1)(b) and (1)(c)] (1)(b), (1)(c), and (2), each
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ballot proposition shall be listed on the ballot under the heading "Proposition #___",
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with the number of the ballot proposition placed in the blank.
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(b) Each proposed amendment to the Utah Constitution shall be listed on the ballot
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under the heading "Constitutional Amendment ___", with a letter placed in the blank.
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(c) Each bond proposition that has qualified for the ballot shall be listed on the ballot
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under the title assigned to each bond proposition under Section 11-14-206.
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(2) Each nonbinding opinion question submitted by the Legislature to a vote of the people
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under Title 36, Chapter 16c, Nonbinding Statewide Public Opinion Questions, shall be
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listed on the ballot under the heading "Nonbinding Opinion Question #___," with the
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number of the nonbinding opinion question placed in the blank.
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[(2)] (3)(a) When an election officer or other person given authority to prepare or
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number ballot propositions receives a ballot proposition that is eligible for inclusion
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on the ballot, they shall ask the lieutenant governor to assign a number to the ballot
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proposition.
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(b)(i) Upon request from an election officer or other person given authority to
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prepare or number ballot propositions, the lieutenant governor shall assign each
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ballot proposition a unique number, except as provided under Subsection [
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(2)(b)(iii)] (3)(b)(iii).
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(ii) Ballot proposition numbers shall be assigned sequentially, in the order requests
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for ballot proposition numbers are received.
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(iii) The same ballot proposition number may be assigned to multiple ballot
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propositions if:
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(A) the sponsors of each ballot proposition agree, in writing, to share the number;
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and
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(B) the ballot propositions sharing the same number are identical in their terms,
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purpose, and effect, with jurisdiction being the only significant difference
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between the ballot propositions.
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(4) When the lieutenant governor receives a joint resolution for a nonbinding opinion
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question under Section 36-16c-201, the lieutenant governor shall:
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(a) assign a number to the nonbinding opinion question that is unique to the nonbinding
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opinion question; and
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(b) assign numbers to each nonbinding opinion question sequentially, in the order in
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which the lieutenant governor receives the joint resolutions.
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Section 2. Section 20A-6-301 is amended to read:
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20A-6-301 . Manual ballots -- Regular general election.
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(1) Each election officer shall ensure that:
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(a) all manual ballots furnished for use at the regular general election contain:
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(i) no captions or other endorsements except as provided in this section;
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(ii) no symbols, markings, or other descriptions of a political party or group, except
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for a registered political party that has chosen to nominate its candidates in
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accordance with Section 20A-9-403; and
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(iii) no indication that a candidate for elective office has been nominated by, or has
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been endorsed by, or is in any way affiliated with a political party or group, unless
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the candidate has been nominated by a registered political party in accordance
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with Subsection 20A-9-202(4) or Subsection 20A-9-403(5);
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(b) at the top of the ballot, the following endorsements are printed in 18 point bold type:
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(i) "Official Ballot for ____ County, Utah";
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(ii) the date of the election; and
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(iii) the words "certified by the Clerk of __________ County" or, as applicable, the
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name of a combined office that includes the duties of a county clerk;
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(c) unaffiliated candidates, candidates not affiliated with a registered political party, and
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all other candidates for elective office who were not nominated by a registered
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political party in accordance with Subsection 20A-9-202(4) or Subsection
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20A-9-403(5), are listed with the other candidates for the same office in accordance
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with Section 20A-6-305, without a party name or title;
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(d) each ticket containing the lists of candidates, including the party name and device,
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are separated by heavy parallel lines;
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(e) the offices to be filled are plainly printed immediately above the names of the
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candidates for those offices;
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(f) the names of candidates are printed in capital letters, not less than one-eighth nor
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more than one-fourth of an inch high in heavy-faced type not smaller than 10 point,
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between lines or rules three-eighths of an inch apart; and
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(g) on a ticket for a race in which a voter is authorized to cast a write-in vote and in
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which a write-in candidate is qualified under Section 20A-9-601:
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(i) the ballot includes a space for a write-in candidate immediately following the last
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candidate listed on that ticket; or
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(ii) for the offices of president and vice president and governor and lieutenant
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governor, the ballot includes two spaces for write-in candidates immediately
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following the last candidates on that ticket, one placed above the other, to enable
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the entry of two valid write-in candidates.
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(2) An election officer shall ensure that:
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(a) each individual nominated by any registered political party under Subsection
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20A-9-202(4) or Subsection 20A-9-403(5), and no other individual, is placed on the
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ballot:
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(i) under the registered political party's name, if any; or
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(ii) under the title of the registered political party as designated by them in their
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certificates of nomination or petition, or, if none is designated, then under some
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suitable title;
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(b) the names of all unaffiliated candidates that qualify as required in Chapter 9, Part 5,
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Candidates not Affiliated with a Party, are placed on the ballot;
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(c) the names of the candidates for president and vice president are used on the ballot
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instead of the names of the presidential electors; and
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(d) the ballots contain no other names.
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(3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
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(a) the designation of the office to be filled in the election and the number of candidates
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to be elected are printed in type not smaller than eight point;
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(b) the words designating the office are printed flush with the left-hand margin;
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(c) the words, "Vote for one" or "Vote for up to _____ (the number of candidates for
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which the voter may vote)" extend to the extreme right of the column;
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(d) the nonpartisan candidates are grouped according to the office for which they are
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candidates;
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(e) the names in each group are placed in the order specified under Section 20A-6-305
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with the surnames last; and
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(f) each group is preceded by the designation of the office for which the candidates seek
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election, and the words, "Vote for one" or "Vote for up to _____ (the number of
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candidates for which the voter may vote)," according to the number to be elected.
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(4) Each election officer shall ensure that:
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(a) proposed amendments to the Utah Constitution are listed on the ballot in accordance
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with Section 20A-6-107;
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(b) ballot propositions submitted to the voters are listed on the ballot in accordance with
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Section 20A-6-107;
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(c) bond propositions that have qualified for the ballot are listed on the ballot under the
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title assigned to each bond proposition under Section 11-14-206;[ and]
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(d) nonbinding opinion questions submitted by the Legislature for the regular general
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election are listed on the ballot in accordance with Title 36, Chapter 16c, Nonbinding
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Statewide Public Opinion Questions; and
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[(d)] (e) the judicial retention section of the ballot includes a statement at the beginning
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directing voters to the Judicial Performance Evaluation Commission's website in
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accordance with Subsection 20A-12-201(4).
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Section 3. Section 20A-6-304 is amended to read:
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20A-6-304 . Regular general election -- Mechanical ballots.
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(1) Each election officer shall ensure that:
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(a) the format and content of a mechanical ballot is arranged in approximately the same
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order as manual ballots;
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(b) the titles of offices and the names of candidates are displayed in vertical columns or
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in a series of separate displays;
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(c) the mechanical ballot is of sufficient length to include, after the list of candidates:
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(i) the names of candidates for judicial offices and any other nonpartisan offices; and
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(ii) any ballot propositions submitted to the voters for their approval or rejection;
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(d) the office titles are displayed above or at the side of the names of candidates so as to
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indicate clearly the candidates for each office and the number to be elected;
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(e) the party designation of each candidate who has been nominated by a registered
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political party under Subsection 20A-9-202(4) or Subsection 20A-9-403(5) is
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displayed adjacent to the candidate's name; and
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(f) if possible, all candidates for one office are grouped in one column or upon one
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display screen.
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(2) Each election officer shall ensure that:
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(a) proposed amendments to the Utah Constitution are displayed in accordance with
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Section 20A-6-107;
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(b) ballot propositions submitted to the voters are displayed in accordance with Section
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20A-6-107;
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(c) bond propositions that have qualified for the ballot are displayed under the title
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assigned to each bond proposition under Section 11-14-206;[ and]
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(d) nonbinding opinion questions submitted by the Legislature for the regular general
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election are listed on the ballot in accordance with Title 36, Chapter 16c, Nonbinding
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Statewide Public Opinion Questions; and
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[(d)] (e) the judicial retention section of the ballot includes a statement at the beginning
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directing voters to the Judicial Performance Evaluation Commission's website in
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accordance with Subsection 20A-12-201(4).
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Section 4. 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:
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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[ ] :
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(i) a nonbinding opinion question, defined in Section 36-16c-101; or
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(ii) a ballot proposition for the creation of a new school district under Section
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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 of
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Representatives.
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(29) "Referendum" means a process by which a law passed by the Legislature or by a local
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legislative body is submitted or referred to the voters for their approval or rejection.
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(30) "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) "Referendum packet" means a copy of the referendum petition, a copy of the law being
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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) "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) "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) "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) "Special local ballot proposition" means a local ballot proposition that is not a standard
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local ballot proposition.
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(36) "Sponsors" means the legal voters who support the initiative or referendum and who
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sign the initiative application or referendum application.
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(37)(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) "Tax percentage difference" means the difference between the tax rate proposed by an
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initiative or an initiative petition and the current tax rate.
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(39) "Tax percentage increase" means a number calculated by dividing the tax percentage
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difference by the current tax rate and rounding the result to the nearest thousandth.
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(40) "Verified" means acknowledged by the person circulating the petition as required in
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Section 20A-7-105.
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Section 5. 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
407
rebuttal;
408
(e) for each constitutional amendment, a complete copy of the text of the constitutional
409
amendment, with all new language underlined, and all deleted language placed within
410
brackets;
411
(f) for each initiative qualified for the ballot:
412
(i) a copy of the initiative as certified by the lieutenant governor and a copy of the
413
initial fiscal impact statement prepared according to Section 20A-7-202.5; and
414 (ii) if the initiative proposes a tax increase, the following statement in bold type:
415
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
416
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
417
increase in the current tax rate."; and
418
(g) for each referendum qualified for the ballot, a complete copy of the text of the law
419
being submitted to the voters for their approval or rejection, with all new language
420
underlined and all deleted language placed within brackets, as applicable;
421
(8) for each nonbinding opinion question authorized by the Legislature under Section
422
36-16c-201, the information described in Section 36-16c-302;
423
[(8)] (9) a description provided by the Judicial Performance Evaluation Commission of the
424
selection and retention process for judges, including, in the following order:
425
(a) a description of the judicial selection process;
426
(b) a description of the judicial performance evaluation process;
427
(c) a description of the judicial retention election process;
428
(d) a list of the criteria of the judicial performance evaluation and the certification
429
standards;
430
(e) the names of the judges standing for retention election; and
431
(f) for each judge:
432
(i) a list of the counties in which the judge is subject to retention election;
433
(ii) a short biography of professional qualifications and a recent photograph;
434
(iii) a narrative concerning the judge's performance;
435
(iv) for each certification standard under Section 78A-12-205, a statement identifying
436
whether, under Section 78A-12-205, the judge met the standard and, if not, the
437
manner in which the judge failed to meet the standard;
438
(v) a statement that the Judicial Performance Evaluation Commission:
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439
(A) has determined that the judge meets or exceeds minimum performance
440
standards;
441
(B) has determined that the judge does not meet or exceed minimum performance
442
standards; or
443
(C) has not made a determination regarding whether the judge meets or exceeds
444
minimum performance standards;
445
(vi) any statement, described in Subsection 78A-12-206(3)(b), provided by a judge
446
whom the Judicial Performance Evaluation Commission determines does not meet
447
or exceed minimum performance standards;
448
(vii) in a bar graph, the average of responses to each survey category, displayed with
449
an identification of the minimum acceptable score as set by Section 78A-12-205
450
and the average score of all judges of the same court level; and
451
(viii) a website address that contains the Judicial Performance Evaluation
452
Commission's report on the judge's performance evaluation;
453
[(9)] (10) for each judge, a statement provided by the Utah Supreme Court identifying the
454
cumulative number of informal reprimands, when consented to by the judge in
455
accordance with Title 78A, Chapter 11, Judicial Conduct Commission, formal
456
reprimands, and all orders of censure and suspension issued by the Utah Supreme Court
457
under Utah Constitution, Article VIII, Section 13, during the judge's current term and the
458
immediately preceding term, and a detailed summary of the supporting reasons for each
459
violation of the Code of Judicial Conduct that the judge has received;
460
[(10)] (11) an explanation of ballot marking procedures prepared by the lieutenant governor,
461
indicating the ballot marking procedure used by each county and explaining how to
462
mark the ballot for each procedure;
463
[(11)] (12) voter registration information, including information on how to obtain a ballot;
464
[(12)] (13) a list of all county clerks' offices and phone numbers;
465
[(13)] (14) the address of the Statewide Electronic Voter Information Website, with a
466
statement indicating that the election officer will post on the website any changes to the
467
location of a polling place and the location of any additional polling place;
468
[(14)] (15) a phone number that a voter may call to obtain information regarding the
469
location of a polling place; and
470 [(15)] (16) on the back cover page, a printed copy of the following statement signed by the
471
lieutenant governor:
472
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
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473
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
474
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
475
correct according to law.
476
SEAL
477
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
478
of ____ (month), ____ (year)
479
(signed) ____________________________________
480
Lieutenant Governor".
481
Section 6. Section 36-16c-101 is enacted to read:
482
CHAPTER 16c. NONBINDING STATEWIDE PUBLIC OPINION QUESTIONS
483
Part 1. General Provisions
484
36-16c-101 . Definitions.
485
As used in this chapter:
486
(1) "Nonbinding opinion question" means a question or series of questions, including each
487
possible response to the question or series of questions, that the Legislature submits to
488
all legal voters of the state, in accordance with this chapter, for the sole purpose of
489
determining the opinion of the voters upon the matter presented in the question or series
490
of questions.
491
(2) "Originating house" means:
492
(a) the Utah House of Representatives if the resolution is a House joint resolution; or
493
(b) the Utah State Senate if the resolution is a Senate joint resolution.
494
(3) "Regular general election" means the same as that term is defined in Section 20A-1-102.
495
Section 7. Section 36-16c-102 is enacted to read:
496
36-16c-102 . Applicability -- Effect of nonbinding opinion question.
497
(1)(a) Except as provided in Subsection (1)(b), Title 20A, Chapter 7, Issues Submitted
498
to the Voters, does not apply to a nonbinding opinion question.
499
(b) Subsection 20A-7-702(7) applies to a nonbinding opinion question.
500
(2) Regardless of the outcome of a vote on a nonbinding opinion question:
501
(a) the vote:
502
(i) does not enact, amend, or repeal law; and
503
(ii) has no legal effect;
504
(b) the Legislature is not required to take any action in response to the vote or the
505
outcome of the vote; and
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506
(c) the Legislature may take action on the subject matter of the nonbinding opinion
507
question, regardless of whether the action is consistent with, in conflict with, or in
508
opposition to, the outcome of the vote.
509
Section 8. Section 36-16c-201 is enacted to read:
510
Part 2. Submission of Nonbinding Opinion Questions to Voters
511
36-16c-201 . Resolution to submit nonbinding opinion questions to voters.
512
(1) The Legislature may submit a nonbinding opinion question to the legal voters of the
513
state by passing a joint resolution in accordance with the requirements of this section.
514
(2) The joint resolution described in Subsection (1) shall include:
515
(a) the language of the nonbinding opinion question, including each possible response to
516
the nonbinding opinion question, as it will appear on the ballot;
517
(b) a statement directing that the lieutenant governor submit the language of the
518
nonbinding opinion question to the legal voters of the state; and
519
(c) language designating the date of the regular general election in which the nonbinding
520
opinion question shall be submitted to the voters.
521
(3) After passage by both houses of the Legislature, the originating house shall submit the
522
joint resolution to the lieutenant governor with instructions that the nonbinding opinion
523
question specified in the joint resolution be submitted to the legal voters of the state on
524
the regular general election date specified in the resolution.
525
Section 9. Section 36-16c-202 is enacted to read:
526
36-16c-202 . Lieutenant governor's duties.
527
(1) After receipt of a joint resolution described in Section 36-16c-201, the lieutenant
528
governor shall:
529
(a) submit the nonbinding opinion question to the legal voters of the state as required by
530
the resolution;
531
(b) comply with Section 36-16c-301; and
532
(c) subject to Subsection 36-16c-102(1), comply with all relevant provisions of Title
533
20A, Election Code, relating to the conduct of elections.
534
(2) The lieutenant governor may establish additional requirements for county clerks to
535
facilitate the conduct of the election.
536
Section 10. Section 36-16c-203 is enacted to read:
537
36-16c-203 . Duties of county clerks.
538
Each county clerk shall, with respect to a nonbinding opinion question described in this
539
chapter, comply with:
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540
(1) subject to Subsection 36-16c-102(1), the requirements of Title 20A, Election Code,
541
relating to regular general elections;
542
(2) the requirements of Section 36-16c-301; and
543
(3) any other requirement imposed by the lieutenant governor under Subsection
544
36-16c-202(2).
545
Section 11. Section 36-16c-301 is enacted to read:
546
Part 3. Voting and Canvassing
547
36-16c-301 . Procedures -- Ballot title -- Publication of nonbinding opinion
548
question.
549
(1) The lieutenant governor, the Office of Legislative Research and General Counsel, and
550
each county clerk shall comply with the procedures described in this section whenever
551
the Legislature authorizes a nonbinding opinion question under Section 36-16c-201.
552
(2) If the Legislature passes a resolution described in Section 36-16c-201, the Office of
553
Legislative Research and General Counsel shall, on or before July 20:
554
(a) draft a ballot title that summarizes the subject matter of the nonbinding opinion
555
question; and
556
(b) deliver the ballot title to the lieutenant governor.
557
(3) On or before August 31, the lieutenant governor shall certify the number and ballot title
558
of the nonbinding opinion question to each county clerk in accordance with Section
559
20A-6-107.
560
(4) No earlier than 75 calendar days, nor less than 15 calendar days, before the date of the
561
regular general election specified in the resolution described in Section 36-16c-201, the
562
lieutenant governor shall cause the full text of the nonbinding opinion question to be
563
published to the state, as a class A notice under Section 63G-30-102, for at least 14
564
calendar days.
565
(5) Each county clerk shall cause both the number and title of the nonbinding opinion
566
question to be printed on:
567
(a) the ballot for the regular general election specified in the resolution; and
568
(b) the sample ballot.
569
Section 12. Section 36-16c-302 is enacted to read:
570
36-16c-302 . Ballot form -- Manner of voting.
571
The lieutenant governor shall ensure that a ballot containing a nonbinding opinion
572
question includes:
573
(1) the number and ballot title of the nonbinding opinion question;
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574
(2) the text of the nonbinding opinion question; and
575
(3) in accordance with the resolution described in Section 36-16c-201, all possible
576
responses to the nonbinding opinion question, each response presented with an adjacent
577
square in which the voter may indicate the voter's vote.
578
Section 13. Section 36-16c-303 is enacted to read:
579
36-16c-303 . Canvass of returns.
580
(1) The county legislative body shall conduct a public canvass of the returns from the
581
nonbinding opinion question election no later than 14 calendar days after the day on
582
which the regular general election is held.
583
(2) Each county clerk shall:
584
(a) make a certified abstract of the record of the canvassers detailing the votes cast on
585
the nonbinding opinion question; and
585a
Ĥ→ (b) immediately after the board of county canvassers adjourns, transmit the
585b
abstract to the lieutenant governor.
586
[(b) seal the transcript, endorse on the transcript, "Election Returns," and transmit the ] ←Ĥ
587
Ĥ→ [transcript to the lieutenant governor's office so that the lieutenant governor receives
] ←Ĥ
588
Ĥ→ [the transcript on or before the fifth day before the day designated for the meeting of
] ←Ĥ
589
Ĥ→ [the state board of canvassers.] ←Ĥ
590
(3) The state board of canvassers established under Section 20A-4-306 shall meet to
591
compute and determine the vote on the nonbinding opinion question.
592
Section 14. Effective Date.
593
This bill takes effect on May 7, 2025.
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