LEGISLATIVE GENERAL COUNSEL H.B. 79
6 Approved for Filing: T.R. Vaughn 6 2nd Sub. (Gray)
6 02-26-24 1:51 PM 6
Senator Curtis S. Bramble proposes the following substitute bill:
1 INITIATIVES AND REFERENDA AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer Dailey-Provost
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to initiatives and referenda.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < modifies requirements for a form to remove a signature from an initiative petition or
14 a referendum petition;
15 < clarifies that a particular document that a signature gatherer is required to provide to
16 a petition signer must only be offered to the petition signer;
17 < establishes an alternate procedure for an individual with a disability to sign, or to
18 request removal of a signature from, an initiative petition or a referendum petition
19 and an alternate procedure for verifying the individual's signature;
20 < in relation to the alternate procedure described in the preceding paragraph: 2nd Sub. H.B. 79
21 C modifies certain forms to reflect the alternate procedure; and
22 C makes it a crime to engage in certain fraudulent activity;
23 < modifies the requirements that must be fulfilled before circulating a statewide
24 initiative or a statewide referendum;
25 < provides that an individual who signs an initiative packet or a referendum packet
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26 must read the entire statement included with the packet;
27 < provides that the attestation relating to reading a statement provided with an
28 initiative packet or a referendum packet or reading the law to which the initiative or
29 referendum relates, does not require an attestation that the individual understands
30 the statement or law;
31 < modifies the verification form for a signature packet;
32 < modifies certain mailing requirements to permit other delivery methods;
33 < requires a local clerk to provide petition sponsors with a copy of the voter
34 information pamphlet to be included in the signature packet;
35 < amends provisions relating to a temporary stay and the effective date of a law being
36 challenged by referendum; and
37 < makes technical and conforming changes.
38 Money Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 None
42 Utah Code Sections Affected:
43 AMENDS:
44 20A-1-1003, as enacted by Laws of Utah 2023, Chapter 116 and last amended by
45 Coordination Clause, Laws of Utah 2023, Chapter 116
46 20A-7-101, as last amended by Laws of Utah 2023, Chapters 107, 116
47 20A-7-104, as enacted by Laws of Utah 2021, Chapter 418
48 20A-7-105, as enacted by Laws of Utah 2023, Chapter 116
49 20A-7-202.5, as last amended by Laws of Utah 2023, Chapter 107
50 20A-7-203, as last amended by Laws of Utah 2023, Chapter 107
51 20A-7-204, as last amended by Laws of Utah 2023, Chapter 107
52 20A-7-209, as last amended by Laws of Utah 2023, Chapters 45, 107 and last amended
53 by Coordination Clause, Laws of Utah 2023, Chapter 45
54 20A-7-213, as last amended by Laws of Utah 2023, Chapters 107, 116
55 20A-7-215, as last amended by Laws of Utah 2023, Chapter 107
56 20A-7-216, as last amended by Laws of Utah 2023, Chapters 107, 116
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57 20A-7-303, as last amended by Laws of Utah 2023, Chapter 107
58 20A-7-307, as last amended by Laws of Utah 2023, Chapters 107, 116 and last
59 amended by Coordination Clause, Laws of Utah 2023, Chapter 116
60 20A-7-308, as last amended by Laws of Utah 2023, Chapters 45, 107
61 20A-7-311, as last amended by Laws of Utah 2023, Chapter 107
62 20A-7-312, as last amended by Laws of Utah 2023, Chapter 107
63 20A-7-313, as last amended by Laws of Utah 2023, Chapter 107
64 20A-7-314, as last amended by Laws of Utah 2023, Chapters 107, 116
65 20A-7-502.5, as last amended by Laws of Utah 2023, Chapter 107
66 20A-7-503, as last amended by Laws of Utah 2023, Chapter 107
67 20A-7-504, as last amended by Laws of Utah 2023, Chapter 107
68 20A-7-508, as last amended by Laws of Utah 2023, Chapters 45, 107 and last amended
69 by Coordination Clause, Laws of Utah 2023, Chapter 45
70 20A-7-512, as last amended by Laws of Utah 2023, Chapter 107
71 20A-7-514, as last amended by Laws of Utah 2023, Chapter 107
72 20A-7-515, as last amended by Laws of Utah 2023, Chapters 107, 116
73 20A-7-602.5, as last amended by Laws of Utah 2023, Chapter 107
74 20A-7-602.7, as last amended by Laws of Utah 2023, Chapter 107
75 20A-7-602.8, as last amended by Laws of Utah 2023, Chapters 107, 504
76 20A-7-603, as last amended by Laws of Utah 2023, Chapter 107
77 20A-7-604, as last amended by Laws of Utah 2023, Chapter 107
78 20A-7-608, as last amended by Laws of Utah 2023, Chapters 45, 107
79 20A-7-611, as last amended by Laws of Utah 2023, Chapter 107
80 20A-7-612, as last amended by Laws of Utah 2023, Chapter 107
81 20A-7-614, as last amended by Laws of Utah 2023, Chapter 107
82 20A-7-615, as last amended by Laws of Utah 2023, Chapters 107, 116
83 ENACTS:
84 20A-7-106, Utah Code Annotated 1953
85
86 Be it enacted by the Legislature of the state of Utah:
87 Section 1. Section 20A-1-1003 is amended to read:
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88 20A-1-1003. Signature removal -- Statement required.
89 (1) A voter who signs a petition may have the voter's signature removed from the
90 petition by submitting to the clerk a statement requesting that the voter's signature be removed.
91 (2) (a) (i) The statement described in Subsection (1) shall include:
92 (A) the name or description of the petition from which the voter seeks to remove the
93 voter's signature;
94 [(A)] (B) the name of the voter;
95 [(B)] (C) the resident address at which the voter is registered to vote;
96 [(C)] (D) except as otherwise provided in Section 20A-7-106, the voter's signature; and
97 [(D)] (E) the date of the signature described in Subsection [(2)(a)(i)(C)] (2)(a)(i)(D).
98 (ii) To increase the likelihood of the voter's signature being identified and removed, the
99 statement may include the voter's birth date or age.
100 (b) Except as provided in Subsection [20A-7-216(5)(c), 20A-7-314(5)(c),
101 20A-7-515(4)(d), or 20A-7-615(4)(d)] 20A-7-216(5)(a), 20A-7-314(5)(a), 20A-7-515(4)(b), or
102 20A-7-615(4)(b), a voter may not submit a statement described in Subsection (1) by email or
103 other electronic means.
104 (c) In order for the signature to be removed, the clerk must receive the statement
105 described in Subsection (1) no later than the deadline described in the provision of law
106 governing the petition.
107 (d) A voter may only remove a signature from a petition in accordance with this section
108 and the provision of law governing the petition.
109 (e) A clerk shall analyze a signature, for purposes of removing a signature from a
110 petition, in accordance with Subsection (3).
111 (3) [The] Except to the extent otherwise required under Section 20A-7-106, the clerk
112 shall use the following procedures to determine whether to remove an individual's signature
113 from a petition after receiving a timely, valid statement requesting removal of the signature:
114 (a) if the signer's name and address shown on the statement and the petition exactly
115 match a name and address shown on the official register and the individual's signature on the
116 statement is reasonably consistent with the individual's signature on the statewide voter
117 registration database, the clerk shall remove the signature from the petition;
118 (b) if there is no exact match of an address and a name, the clerk shall remove the
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119 signature from the petition if:
120 (i) the address on the statement and the address provided by the individual with the
121 individual's petition signature match the address of an individual on the official register with a
122 substantially similar name; and
123 (ii) the individual's signature on the statement is reasonably consistent with the
124 signature on the statewide voter registration database of the individual described in Subsection
125 (3)(b)(i); and
126 (c) if there is no match of an address and a substantially similar name, the clerk shall
127 remove the signature from the petition if:
128 (i) the birth date or age on the statement and the birth date or age provided by the
129 individual with the individual's petition signature match the birth date or age of an individual
130 on the official register with a substantially similar name; and
131 (ii) the individual's signature on the statement is reasonably consistent with the
132 signature on the statewide voter registration database of the individual described in Subsection
133 (3)(b)(i)[; and] .
134 [(d) if]
135 (4) If a signature does not qualify for removal under Subsection (3)(a), (b), or (c), or, if
136 applicable, Section 20A-7-106, the clerk may not remove the signature from the petition.
137 Section 2. Section 20A-7-101 is amended to read:
138 20A-7-101. Definitions.
139 As used in this chapter:
140 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
141 gather signatures for the electronic initiative process, the electronic referendum process, or the
142 electronic candidate qualification process.
143 (2) "Budget officer" means:
144 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
145 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
146 (c) for a town, the town council; or
147 (d) for a metro township, the person described in Subsection (2)(a) for the county in
148 which the metro township is located.
149 (3) "Certified" means that the county clerk has acknowledged a signature as being the
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150 signature of a registered voter.
151 (4) "Circulation" means the process of submitting an initiative petition or a referendum
152 petition to legal voters for their signature.
153 (5) "Electronic initiative process" means:
154 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
155 and 20A-21-201, for gathering signatures; or
156 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
157 20A-21-201, for gathering signatures.
158 (6) "Electronic referendum process" means:
159 (a) as it relates to a statewide referendum, the process, described in Sections
160 20A-7-313 and 20A-21-201, for gathering signatures; or
161 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
162 20A-21-201, for gathering signatures.
163 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
164 city, or town that is holding an election on a ballot proposition.
165 (8) "Final fiscal impact statement" means a financial statement prepared after voters
166 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
167 20A-7-502.5(2).
168 (9) "Initial fiscal impact statement" means
169 a financial statement prepared under Section 20A-7-202.5 after the filing of a statewide
170 initiative application.
171 (10) "Initial fiscal impact and legal statement" means a financial and legal statement
172 prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
173 referendum.
174 (11) "Initiative" means a new law proposed for adoption by the public as provided in
175 this chapter.
176 (12) "Initiative application" means:
177 (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
178 includes all the information, statements, documents, and notarized signatures required under
179 Subsection 20A-7-202(2); or
180 (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
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181 includes all the information, statements, documents, and notarized signatures required under
182 Subsection 20A-7-502(2).
183 (13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
184 law, and the signature sheets, all of which have been bound together as a unit.
185 (14) "Initiative petition":
186 (a) as it relates to a statewide initiative, using the manual initiative process:
187 (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
188 submission of the initiative to the Legislature or the legal voters; and
189 (ii) if the initiative proposes a tax increase, includes the statement described in
190 Subsection 20A-7-203(2)(b);
191 (b) as it relates to a statewide initiative, using the electronic initiative process:
192 (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
193 submission of the initiative to the Legislature or the legal voters; and
194 (ii) if the initiative proposes a tax increase, includes the statement described in
195 Subsection 20A-7-215(5)(b);
196 (c) as it relates to a local initiative, using the manual initiative process:
197 (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
198 submission of the initiative to the legislative body or the legal voters; and
199 (ii) if the initiative proposes a tax increase, includes the statement described in
200 Subsection 20A-7-503(2)(b); or
201 (d) as it relates to a local initiative, using the electronic initiative process:
202 (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
203 submission of the initiative to the legislative body or the legal voters; and
204 (ii) if the initiative proposes a tax increase, includes the statement described in
205 Subsection 20A-7-514(4)(a).
206 (15) (a) "Land use law" means a law of general applicability, enacted based on the
207 weighing of broad, competing policy considerations, that relates to the use of land, including
208 land use regulation, a general plan, a land use development code, an annexation ordinance, the
209 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
210 resolution.
211 (b) "Land use law" does not include a land use decision, as defined in Section
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212 10-9a-103 or 17-27a-103.
213 (16) "Legal signatures" means the number of signatures of legal voters that:
214 (a) meet the numerical requirements of this chapter; and
215 (b) have been obtained, certified, and verified as provided in this chapter.
216 (17) "Legal voter" means an individual who is registered to vote in Utah.
217 (18) "Legally referable to voters" means:
218 (a) for a proposed local initiative, that the proposed local initiative is legally referable
219 to voters under Section 20A-7-502.7; or
220 (b) for a proposed local referendum, that the proposed local referendum is legally
221 referable to voters under Section 20A-7-602.7.
222 (19) "Local attorney" means the county attorney, city attorney, or town attorney in
223 whose jurisdiction a local initiative or referendum petition is circulated.
224 (20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
225 jurisdiction a local initiative or referendum petition is circulated.
226 (21) (a) "Local law" includes:
227 (i) an ordinance;
228 (ii) a resolution;
229 (iii) a land use law;
230 (iv) a land use regulation, as defined in Section 10-9a-103; or
231 (v) other legislative action of a local legislative body.
232 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
233 (22) "Local legislative body" means the legislative body of a county, city, town, or
234 metro township.
235 (23) "Local obligation law" means a local law passed by the local legislative body
236 regarding a bond that was approved by a majority of qualified voters in an election.
237 (24) "Local tax law"