Enrolled Copy S.B. 4003
1 Statewide Initiative and Referendum Amendments
2024 FOURTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore Sponsor: Jason B. Kyle
2
3 LONG TITLE
4 General Description:
5 This bill, contingent on the passage of a constitutional amendment, addresses statewide
6 initiatives and referendums.
7 Highlighted Provisions:
8 This bill:
9 ▸ addresses the deference given to a law passed by initiative;
10 ▸ extends the amount of time that the sponsors of a referendum petition have to gather
11 signatures to qualify the referendum for the ballot;
12 ▸ makes conforming timeline changes to accommodate the extension of the
13 signature-gathering period;
14 ▸ amends provisions regarding the effective date of legislation that may be subject to a
15 referendum; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-7-105, as last amended by Laws of Utah 2024, Chapters 442, 465
24 20A-7-212, as last amended by Laws of Utah 2019, Chapter 206
25 20A-7-307, as last amended by Laws of Utah 2023, Chapters 107, 116 and last amended
26 by Coordination Clause, Laws of Utah 2023, Chapter 116
27 20A-7-311, as last amended by Laws of Utah 2023, Chapter 107
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28 20A-7-705, as last amended by Laws of Utah 2019, Chapters 217, 255
29 20A-7-706, as last amended by Laws of Utah 2019, Chapter 255
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 20A-7-105 is amended to read:
33 20A-7-105 . Manual petition processes -- Obtaining signatures -- Verification --
34 Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
35 Removal of signature.
36 (1) This section applies only to the manual initiative process and the manual referendum
37 process.
38 (2) As used in this section:
39 (a) "Local petition" means:
40 (i) a manual local initiative petition described in Part 5, Local Initiatives -
41 Procedures; or
42 (ii) a manual local referendum petition described in Part 6, Local Referenda -
43 Procedures.
44 (b) "Packet" means an initiative packet or referendum packet.
45 (c) "Petition" means a local petition or statewide petition.
46 (d) "Statewide petition" means:
47 (i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; or
48 (ii) a manual statewide referendum petition described in Part 3, Statewide Referenda.
49 (3)(a) A Utah voter may sign a statewide petition if the voter is a legal voter.
50 (b) A Utah voter may sign a local petition if the voter:
51 (i) is a legal voter; and
52 (ii) resides in the local jurisdiction.
53 (4)(a) The sponsors shall ensure that the individual in whose presence each signature
54 sheet was signed:
55 (i) is at least 18 years old;
56 (ii) verifies each signature sheet by completing the verification printed on the last
57 page of each packet; and
58 (iii) is informed that each signer is required to read and understand:
59 (A) for an initiative petition, the law proposed by the initiative; or
60 (B) for a referendum petition, the law that the referendum seeks to overturn.
61 (b) An individual may not sign the verification printed on the last page of a packet if the
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62 individual signed a signature sheet in the packet.
63 (5)(a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
64 packet to the county clerk of the county in which the packet was circulated before 5
65 p.m. no later than the earlier of:
66 (i) for a statewide initiative:
67 (A) 30 days after the day on which the first individual signs the initiative packet;
68 (B) 316 days after the day on which the application for the initiative petition is
69 filed; or
70 (C) the February 15 immediately before the next regular general election
71 immediately after the application is filed under Section 20A-7-202;
72 (ii) for a statewide referendum:
73 (A) 30 days after the day on which the first individual signs the referendum
74 packet; or
75 (B) [40] 60 days after the day on which the legislative session at which the law
76 passed ends;
77 (iii) for a local initiative:
78 (A) 30 days after the day on which the first individual signs the initiative packet;
79 (B) 316 days after the day on which the application is filed;
80 (C) the April 15 immediately before the next regular general election immediately
81 after the application is filed under Section 20A-7-502, if the local initiative is a
82 county initiative; or
83 (D) the April 15 immediately before the next municipal general election
84 immediately after the application is filed under Section 20A-7-502, if the local
85 initiative is a municipal initiative; or
86 (iv) for a local referendum:
87 (A) 30 days after the day on which the first individual signs the referendum
88 packet; or
89 (B) 45 days after the day on which the sponsors receive the items described in
90 Subsection 20A-7-604(3) from the local clerk.
91 (b) A person may not submit a packet after the applicable deadline described in
92 Subsection (5)(a).
93 (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
94 the sponsors shall send an email to each individual who provides a legible, valid
95 email address on the signature sheet that includes the following:
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96 (i) the subject of the email shall include the following statement, "Notice Regarding
97 Your Petition Signature"; and
98 (ii) the body of the email shall include the following statement in 12-point type:
99 "You signed a petition for the following initiative:
100 [insert title of initiative]
101 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
102 information on the deadline for removing your signature from the petition, please visit the
103 following link: [insert a uniform resource locator that takes the individual directly to the page
104 on the lieutenant governor's or county clerk's website that includes the information referred to
105 in the email]."
106 (d) For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on which
107 the sponsors submit the last initiative packet to the county clerk, submit to the
108 lieutenant governor:
109 (i) a list containing:
110 (A) the name and email address of each individual the sponsors sent, or caused to
111 be sent, the email described in Subsection (5)(c); and
112 (B) the date the email was sent;
113 (ii) a copy of the email described in Subsection (5)(c); and
114 (iii) the following written verification, completed and signed by each of the sponsors:
115 "Verification of initiative sponsor State of Utah, County of __________I, __________, of
116 __________, hereby state, under penalty of perjury, that:
117 I am a sponsor of the initiative petition entitled ____________________; and
118 I sent, or caused to be sent, to each individual who provided a legible, valid email address
119 on a signature sheet submitted to the county clerk in relation to the initiative petition, the email
120 described in Utah Code Subsection 20A-7-105(5)(c).
121 ______________________________________________________________ __
122 (Name) (Residence Address) (Date)".
123 (e) For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which the
124 sponsors submit the last initiative packet to the local clerk, submit to the local clerk
125 the items described in Subsection (5)(d).
126 (f) Signatures gathered for an initiative petition are not valid if the sponsors do not
127 comply with Subsection (5)(c), (d), or (e).
128 (6)(a) Within 21 days after the day on which the county clerk receives the packet, the
129 county clerk shall:
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130 (i) use the procedures described in Section 20A-1-1002, or 20A-7-106 if applicable,
131 to determine whether each signer is a legal voter and, as applicable, the
132 jurisdiction where the signer is registered to vote;
133 (ii) for a statewide initiative or a statewide referendum:
134 (A) certify on the petition whether each name is that of a legal voter;
135 (B) post the name, voter identification number, and date of signature of each legal
136 voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's
137 website, in a conspicuous location designated by the lieutenant governor; and
138 (C) deliver the verified packet to the lieutenant governor;
139 (iii) for a local initiative or a local referendum:
140 (A) certify on the petition whether each name is that of a legal voter who is
141 registered in the jurisdiction to which the initiative or referendum relates;
142 (B) post the name, voter identification number, and date of signature of each legal
143 voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's
144 website, in a conspicuous location designated by the lieutenant governor; and
145 (C) deliver the verified packet to the local clerk.
146 (b) For a local initiative or local referendum, the local clerk shall post a link in a
147 conspicuous location on the local government's website to the posting described in
148 Subsection (6)(a)(iii)(B):
149 (i) for a local initiative, during the period of time described in Subsection 20A-7-507
150 (3)(a); or
151 (ii) for a local referendum, during the period of time described in Subsection
152 20A-7-607(2)(a)(i).
153 (7) The county clerk may not certify a signature under Subsection (6):
154 (a) on a packet that is not verified in accordance with Subsection (4); or
155 (b) that does not have a date of signature next to the signature.
156 (8)(a) A voter who signs a statewide initiative petition may have the voter's signature
157 removed from the petition by, in accordance with Section 20A-1-1003, submitting to
158 the county clerk a statement requesting that the voter's signature be removed no later
159 than the earlier of:
160 (i) for an initiative packet received by the county clerk before December 1:
161 (A) 30 days after the day on which the voter signs the signature removal
162 statement; or
163 (B) 90 days after the day on which the lieutenant governor posts the voter's name
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164 under Subsection 20A-7-207(2); or
165 (ii) for an initiative packet received by the county clerk on or after December 1:
166 (A) 30 days after the day on which the voter signs the signature removal
167 statement; or
168 (B) 45 days after the day on which the lieutenant governor posts the voter's name
169 under Subsection 20A-7-207(2).
170 (b) A voter who signs a statewide referendum petition may have the voter's signature
171 removed from the petition by, in accordance with Section 20A-1-1003, submitting to
172 the county clerk a statement requesting that the voter's signature be removed no later
173 than the earlier of:
174 (i) 30 days after the day on which the voter signs the statement requesting removal; or
175 (ii) 45 days after the day on which the lieutenant governor posts the voter's name
176 under Subsection 20A-7-307(2).
177 (c) A voter who signs a local initiative petition may have the voter's signature removed
178 from the petition by, in accordance with Section 20A-1-1003, submitting to the
179 county clerk a statement requesting that the voter's signature be removed no later than
180 the earlier of:
181 (i) 30 days after the day on which the voter signs the signature removal statement;
182 (ii) 90 days after the day on which the local clerk posts the voter's name under
183 Subsection 20A-7-507(2);
184 (iii) 316 days after the day on which the application is filed; or
185 (iv)(A) for a county initiative, April 15 immediately before the next regular
186 general election immediately after the application is filed under Section
187 20A-7-502; or
188 (B) for a municipal initiative, April 15 immediately before the next municipal
189 general election immediately after the application is filed under Section
190 20A-7-502.
191 (d) A voter who signs a local referendum petition may have the voter's signature
192 removed from the petition by, in accordance with Section 20A-1-1003, submitting to
193 the county clerk a statement requesting that the voter's signature be removed no later
194 than the earlier of:
195 (i) 30 days after the day on which the voter signs the statement requesting removal; or
196 (ii) 45 days after the day on which the local clerk posts the voter's name under
197 Subsection 20A-7-607(2)(a).
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198 (e) In order for the signature to be removed, the county clerk must receive the statement
199 described in this Subsection (8) before 5 p.m. no later than the applicable deadline
200 described in this Subsection (8).
201 (f) A county clerk shall analyze a signature, for purposes of removing a signature from a
202 petition, in accordance with Subsection 20A-1-1003(3).
203 (9)(a) If the county clerk timely receives a statement requesting signature removal under
204 Subsection (8) and determines that the signature should be removed from the petition
205 under Subsection 20A-1-1003(3), the county clerk shall:
206 (i) ensure that the voter's name, voter identification number, and date of signature are
207 not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
208 (ii) remove the voter's signature from the signature packets and signature packet
209 totals.
210 (b) The county clerk shall comply with Subsection (9)(a) before the later of:
211 (i) the deadline described in Subsection (6)(a); or
212 (ii) two business days after the day on which the county clerk receives a statement
213 requesting signature removal under Subsection (8).
214 (10) A person may not retrieve a packet from a county clerk, or make any alterations or
215 corrections to a packet, after the packet is submitted to the county clerk.
216 Section 2. Section 20A-7-212 is amended to read:
217 20A-7-212 . Effective date of initiative -- Deference given to law passed by
218 initiative.
219 (1) A proposed law submitted to the Legislature by initiative petition and passed by the
220 Legislature takes effect 60 days after the last day of the session of the Legislature in
221 which the law passed, unless:
222 (a) a later effective date is included in the proposed law; or
223 (b) an earlier effective date is included in the proposed law and the proposed law passes
224 the Legislature by a two-thirds vote of the members elected to each house of the
225 Legislature.
226 (2) A proposed law submitted to the people by initiative petition that is approved by the
227 voters at an election takes effect:
228 (a) except as provided in Subsections (2)(b) through (e), on the day that is 60 days after
229 the last day of the general se