UT
Utah House Bill HB0563

Utah 2025 Regular Session

Utah House Bill HB0563 Compare Versions

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1-03-03 12:09 H.B. 563
1+02-26 13:13 H.B. 563
22 1
33 Ballot Title Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Mike Schultz
7-Senate Sponsor: J. Stuart Adams
7+Senate Sponsor:
88 2
99
1010 3
1111 LONG TITLE
1212 4
1313 General Description:
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1515 This bill modifies provisions governing the process for submitting proposed constitutional
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1717 amendments to the voters.
1818 7
1919 Highlighted Provisions:
2020 8
2121 This bill:
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2323 ▸ changes the person responsible for preparing the ballot title and analysis for any proposed
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2525 constitutional amendment submitted to the voters.
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2727 Money Appropriated in this Bill:
2828 12
2929 None
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3131 Other Special Clauses:
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3333 None
3434 15
3535 Utah Code Sections Affected:
3636 16
3737 AMENDS:
3838 17
3939 20A-7-103, as last amended by Laws of Utah 2024, Chapter 465
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4141 20A-7-702, as last amended by Laws of Utah 2024, Chapter 465
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4343 20A-7-703.1, as enacted by Laws of Utah 2024, Chapter 465
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4545
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4747 Be it enacted by the Legislature of the state of Utah:
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4949 Section 1. Section 20A-7-103 is amended to read:
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5151 20A-7-103 . Constitutional amendments and other questions submitted by the
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5353 Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
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5555 (1) The procedures contained in this section govern when the Legislature submits a
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5757 proposed constitutional amendment or other question to the voters.
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5959 (2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
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6161 date of the election, publish the full text of the amendment, question, or statute for the
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6363 state, as a class A notice under Section 63G-30-102, through the date of the election.
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6565 (3)(a) The [presiding officers] legislative general counsel shall:
66- H.B. 563 H.B. 563 03-03 12:09
66+ H.B. 563 H.B. 563 02-26 13:13
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6868 [(a)] (i) entitle each proposed constitutional amendment "Constitutional Amendment
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7070 __" and assign a letter to the constitutional amendment in accordance with the
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7272 requirements of Section 20A-6-107;
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7474 [(b)] (ii) entitle each proposed question "Proposition Number __" with the number
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7676 assigned to the proposition under Section 20A-6-107 placed in the blank;
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7878 [(c)] (iii) draft and designate a ballot title for each proposed amendment or question
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8080 submitted by the Legislature that:
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8282 [(i)] (A) summarizes the subject matter of the amendment or question; and
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8484 [(ii)] (B) for a proposed constitutional amendment, summarizes any legislation that
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8686 is enacted and will become effective upon the voters' adoption of the proposed
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8888 constitutional amendment; and
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9090 [(d)] (iv) deliver each letter or number and ballot title to the lieutenant governor.
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9292 (b) Consistent with Section 36-12-12, the legislative general counsel performs the duties
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9494 in this section as counsel for the presiding officers.
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9696 (4) The lieutenant governor shall certify the letter or number and ballot title of each
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9898 amendment or question to the county clerk of each county no later than 65 days before
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100100 the date of the election.
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102102 (5) The county clerk of each county shall:
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104104 (a) ensure that the letter or number and the ballot title of each amendment and question
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106106 prepared in accordance with this section are included in the sample ballots and
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108108 official ballots; and
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110110 (b) publish the sample ballots and official ballots as provided by law.
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112112 Section 2. Section 20A-7-702 is amended to read:
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114114 20A-7-702 . Voter information pamphlet -- Form -- Contents.
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116116 The voter information pamphlet shall contain the following items in this order:
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118118 (1) a cover title page;
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120120 (2) an introduction to the pamphlet by the lieutenant governor;
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122122 (3) a table of contents;
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124124 (4) a list of all candidates for constitutional offices;
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126126 (5) a list of candidates for each legislative district;
127127 61
128128 (6) a 100-word statement of qualifications for each candidate for the office of governor,
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130130 lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
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132132 candidate to the lieutenant governor's office before 5 p.m. on the first business day in
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134134 August before the date of the election;
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135+- 2 - 02-26 13:13 H.B. 563
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137137 (7) information pertaining to all measures to be submitted to the voters, beginning a new
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139139 page for each measure and containing, in the following order for each measure:
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141141 (a) a copy of the number and ballot title of the measure;
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143143 (b) the final vote cast by the Legislature on the measure if it is a measure submitted by
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145145 the Legislature or by referendum;
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147147 (c)(i) for a measure other than a measure described in Section 20A-7-103, the
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149149 impartial analysis of the measure prepared by the Office of Legislative Research
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151151 and General Counsel; or
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153153 (ii) for a measure described in Section 20A-7-103, the analysis of the measure
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155155 prepared by the [presiding officers] legislative general counsel;
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157157 (d) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
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159159 measure, the arguments against the measure, and the rebuttal to the arguments against
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161161 the measure, with the name and title of the authors at the end of each argument or
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163163 rebuttal;
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165165 (e) for each constitutional amendment, a complete copy of the text of the constitutional
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167167 amendment, with all new language underlined, and all deleted language placed within
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169169 brackets;
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171171 (f) for each initiative qualified for the ballot:
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173173 (i) a copy of the initiative as certified by the lieutenant governor and a copy of the
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175175 initial fiscal impact statement prepared according to Section 20A-7-202.5; and
176176 85 (ii) if the initiative proposes a tax increase, the following statement in bold type:
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178178 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
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180180 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
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182182 increase in the current tax rate."; and
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184184 (g) for each referendum qualified for the ballot, a complete copy of the text of the law
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186186 being submitted to the voters for their approval or rejection, with all new language
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188188 underlined and all deleted language placed within brackets, as applicable;
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190190 (8) a description provided by the Judicial Performance Evaluation Commission of the
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192192 selection and retention process for judges, including, in the following order:
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194194 (a) a description of the judicial selection process;
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196196 (b) a description of the judicial performance evaluation process;
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198198 (c) a description of the judicial retention election process;
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200200 (d) a list of the criteria of the judicial performance evaluation and the certification
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202202 standards;
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205205 (e) the names of the judges standing for retention election; and
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207207 (f) for each judge:
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209209 (i) a list of the counties in which the judge is subject to retention election;
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211211 (ii) a short biography of professional qualifications and a recent photograph;
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213213 (iii) a narrative concerning the judge's performance;
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215215 (iv) for each certification standard under Section 78A-12-205, a statement identifying
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217217 whether, under Section 78A-12-205, the judge met the standard and, if not, the
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219219 manner in which the judge failed to meet the standard;
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221221 (v) a statement that the Judicial Performance Evaluation Commission:
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223223 (A) has determined that the judge meets or exceeds minimum performance
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225225 standards;
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227227 (B) has determined that the judge does not meet or exceed minimum performance
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229229 standards; or
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231231 (C) has not made a determination regarding whether the judge meets or exceeds
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233233 minimum performance standards;
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235235 (vi) any statement, described in Subsection 78A-12-206(3)(b), provided by a judge
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237237 whom the Judicial Performance Evaluation Commission determines does not meet
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239239 or exceed minimum performance standards;
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241241 (vii) in a bar graph, the average of responses to each survey category, displayed with
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243243 an identification of the minimum acceptable score as set by Section 78A-12-205
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245245 and the average score of all judges of the same court level; and
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247247 (viii) a website address that contains the Judicial Performance Evaluation
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249249 Commission's report on the judge's performance evaluation;
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251251 (9) for each judge, a statement provided by the Utah Supreme Court identifying the
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253253 cumulative number of informal reprimands, when consented to by the judge in
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255255 accordance with Title 78A, Chapter 11, Judicial Conduct Commission, formal
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257257 reprimands, and all orders of censure and suspension issued by the Utah Supreme Court
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259259 under Utah Constitution, Article VIII, Section 13, during the judge's current term and the
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261261 immediately preceding term, and a detailed summary of the supporting reasons for each
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263263 violation of the Code of Judicial Conduct that the judge has received;
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265265 (10) an explanation of ballot marking procedures prepared by the lieutenant governor,
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267267 indicating the ballot marking procedure used by each county and explaining how to
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269269 mark the ballot for each procedure;
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271271 (11) voter registration information, including information on how to obtain a ballot;
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272+- 4 - 02-26 13:13 H.B. 563
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274274 (12) a list of all county clerks' offices and phone numbers;
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276276 (13) the address of the Statewide Electronic Voter Information Website, with a statement
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278278 indicating that the election officer will post on the website any changes to the location of
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280280 a polling place and the location of any additional polling place;
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282282 (14) a phone number that a voter may call to obtain information regarding the location of a
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284284 polling place; and
285285 139 (15) on the back cover page, a printed copy of the following statement signed by the lieutenant
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287287 governor:
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289289 "I, _______________ (print name), Lieutenant Governor of Utah, certify that the
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291291 measures contained in this pamphlet will be submitted to the voters of Utah at the election to
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293293 be held throughout the state on ____ (date of election), and that this pamphlet is complete and
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295295 correct according to law.
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297297 SEAL
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299299 Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
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301301 of ____ (month), ____ (year)
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303303
304304 (signed) ____________________________________
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306306
307307 Lieutenant Governor".
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309309 Section 3. Section 20A-7-703.1 is amended to read:
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311311 20A-7-703.1 . Analysis of measure submitted to voters by Legislature --
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313313 Determination of fiscal effects.
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315315 [(1) The presiding officers shall:]
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317317 [(a) prepare an analysis of each measure, described in Section 20A-7-103, that is
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319319 submitted to the voters by the Legislature; and]
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321321 [(b) submit the analysis to the lieutenant governor no later than the day that falls 90 days
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323323 before the date of the election in which the measure will appear on the ballot.]
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325325 (1) As provided in this section, the legislative general counsel shall prepare an analysis of
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327327 each measure described in Section 20A-7-103 that the Legislature submits to the voters.
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329329 (2) The [presiding officers] legislative general counsel shall ensure that the analysis:
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331331 (a) is not more than 1,000 words long;
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333333 (b) is prepared in clear and concise language that will easily be understood by the
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335335 average voter;
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337337 (c) to the extent possible, avoids the use of technical terms;
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338+- 5 - H.B. 563 02-26 13:13
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340340 (d) shows the effect of the measure on existing law;
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342342 (e) describes the measure;
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344344 (f) identifies the measure's fiscal effects over the time period or time periods determined
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346346 by the [presiding officers] legislative general counsel to be most useful in
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348348 understanding the estimated fiscal impact of the measure; and
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350350 (g) identifies the amount of any increase or decrease in revenue or cost to state or local
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352352 government.
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354354 (3) The [presiding officers] legislative general counsel shall analyze the measure as the
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356356 measure is proposed to be adopted, without considering any implementing legislation,
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358358 unless the implementing legislation has been enacted and will become effective upon the
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360360 adoption of the measure by the voters.
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362362 (4)(a) In determining the fiscal effects of a measure, the [presiding officers] legislative
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364364 general counsel shall confer with the legislative fiscal analyst.
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366366 (b) The [presiding officers] legislative general counsel shall consider any measure that
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368368 requires implementing legislation in order to take effect to have no financial effect,
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370370 unless implementing legislation has been enacted that will become effective upon
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372372 adoption of the measure by the voters.
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374374 (5) If the [presiding officers request] legislative general counsel requests the assistance of
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376376 any state department, agency, or official in preparing the analysis described in this
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378378 section, that department, agency, or official shall assist the [presiding officers] legislative
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380380 general counsel.
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382382 (6) The legislative general counsel shall submit the analysis to the lieutenant governor no
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384-later than Ĥ→ [the day that falls ] ←Ĥ 90 Ĥ→ calendar ←Ĥ days before the date of the
385-187a
386-election in which the measure
384+later than the day that falls 90 days before the date of the election in which the measure
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388386 will appear on the ballot.
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390388 (7) Consistent with Section 36-12-12, the legislative general counsel performs the duties in
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392390 this section as counsel for the presiding officers.
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394392 Section 4. Effective Date.
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396394 This bill takes effect on May 7, 2025.
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