Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 75
                      INITIATIVES AND REFERENDA AMENDMENTS
                                      2020 GENERAL SESSION
                                          STATE OF UTAH
                            Chief Sponsor: Norman K. Thurston
                             Senate Sponsor: Deidre M. Henderson
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 LONG TITLE
 General Description:
        This bill amends provisions related to initiatives and referenda.
 Highlighted Provisions:
        This bill:
        < amends provisions regarding the publication of certain information related to an
 individual who signs an initiative or referendum petition;
        < modifies deadlines relating to the statewide referendum process;
        < modifies appeal provisions;
        < provides for a temporary stay, under certain circumstances, of a proposed law to
 which a referendum petition applies;
        < addresses the effective date of a proposed law approved by the voters;
        < provides that a referendum petition is void if the Legislature repeals the proposed
 law; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        20A-7-206, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
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 amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
        20A-7-302, as last amended by Laws of Utah 2019, Chapter 255
        20A-7-305, as last amended by Laws of Utah 2019, Chapters 210, 255 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 210
        20A-7-306, as last amended by Laws of Utah 2019, Chapters 210, 255 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 210
        20A-7-307, as last amended by Laws of Utah 2019, Chapter 210
        20A-7-310, as last amended by Laws of Utah 2010, Chapter 367
        20A-7-311, as enacted by Laws of Utah 1994, Chapter 1
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-7-206 is amended to read:
        20A-7-206. Submitting the initiative petition -- Certification of signatures by the
 county clerks -- Transfer to lieutenant governor.
        (1) (a) In order to qualify an initiative petition for placement on the regular general
 election ballot, the sponsors shall deliver a signed and verified initiative packet to the county
 clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
        (i) 30 days after the day on which the first individual signs the initiative packet;
        (ii) 316 days after the day on which the application for the initiative petition is filed; or
        (iii) the February 15 immediately before the next regular general election immediately
 after the application is filed under Section 20A-7-202.
        (b) A sponsor may not submit an initiative packet after the deadline described in
 Subsection (1)(a).
        (2) For an initiative packet received by the county clerk before December 1, the county
 clerk shall, within 30 days after the day on which the county clerk receives the packet:
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-206.3;
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       Enrolled Copy                                                                            H.B. 75
        (b) certify on the petition whether each name is that of a registered voter;
        (c) post the name and voter identification number of each registered voter certified
 under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
 and
        (d) deliver the verified initiative packet to the lieutenant governor.
        (3) For an initiative packet received by the county clerk on or after December 1, the
 county clerk shall, within 21 days after the day on which the county clerk receives the packet:
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-206.3;
        (b) certify on the petition whether each name is that of a registered voter;
        (c) post the name and [precinct] voter identification number of each registered voter
 certified under Subsection (2)(b) in a conspicuous location on the county's website for at least
 45 days; and
        (d) deliver the verified initiative packet to the lieutenant governor.
        (4) Within seven days after timely receipt of a statement described in Subsection
 20A-7-205(3), the county clerk shall:
        (a) remove the voter's [signature] name and voter identification number from the
 posting described in Subsection (2)(c) or (3)(c); and
        (b) (i) remove the voter's signature from the signature packet totals; and
        (ii) inform the lieutenant governor of the removal.
        (5) The county clerk may not certify a signature under Subsection (2) or (3):
        (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
        (b) that does not have a date of signature next to the signature.
        (6) In order to qualify an initiative petition for submission to the Legislature, the
 sponsors shall deliver each signed and verified initiative packet to the county clerk of the
 county in which the packet was circulated before 5 p.m. no later than the November 15 before
 the next annual general session of the Legislature immediately after the application is filed
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 under Section 20A-7-202.
        (7) The county clerk may not certify a signature under Subsection (8) on an initiative
 packet that is not verified in accordance with Section 20A-7-205.
        (8) No later than December 15 before the annual general session of the Legislature, the
 county clerk shall, for an initiative described in Subsection (6):
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-206.3;
        (b) certify on the petition whether each name is that of a registered voter; and
        (c) deliver all of the verified initiative packets to the lieutenant governor.
        (9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
 a county clerk after the initiative packet is submitted to the county clerk.
        Section 2. Section 20A-7-302 is amended to read:
        20A-7-302. Referendum process -- Application procedures.
        (1) Persons wishing to circulate a referendum petition shall file an application with the
 lieutenant governor before 5 p.m. within five calendar days after the [end of] day on which the
 legislative session at which the law passed ends.
        (2) The application shall contain:
        (a) the name and residence address of at least five sponsors of the referendum petition;
        (b) a certification indicating that each of the sponsors:
        (i) is a voter; and
        (ii) has voted in a regular general election in Utah within the last three years;
        (c) the signature of each of the sponsors, attested to by a notary public; and
        (d) a copy of the law.
        Section 3. Section 20A-7-305 is amended to read:
        20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
        (1) A Utah voter may sign a referendum petition if the voter is a legal voter.
        (2) (a) The sponsors shall ensure that the individual in whose presence each signature
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        Enrolled Copy                                                                            H.B. 75
 sheet was signed:
        (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
        (ii) verifies each signature sheet by completing the verification printed on the last page
 of each referendum packet; and
        (iii) is informed that each signer is required to read and understand the law that the
 referendum seeks to overturn.
        (b) A person may not sign the verification printed on the last page of the referendum
 packet if the person signed a signature sheet in the referendum packet.
        (3) (a) A voter who has signed a referendum petition may have the voter's signature
 removed from the petition by submitting to the county clerk a statement requesting that the
 voter's signature be removed no later than the earlier of:
        (i) 14 days after the day on which the voter signs the statement requesting removal; or
        (ii) 45 days after the day on which the county clerk posts the voter's name under
 Subsection 20A-7-306(3)(c).
        (b) (i) The statement shall include:
        (A) the name of the voter;
        (B) the resident address at which the voter is registered to vote;
        (C) the signature of the voter; and
        (D) the date of the signature described in Subsection (3)(b)(i)(C).
        (ii) To increase the likelihood of the voter's signature being identified and removed, the
 statement may include the voter's birth date or age.
        (c) A voter may not submit a statement by email or other electronic means.
        (d) In order for the signature to be removed, the county clerk must receive the
 statement before 5 p.m. no later than 45 days after the day on which the county clerk posts the
 voter's name under Subsection 20A-7-306(3)(c).
        (e) A person may only remove a signature from a referendum petition in accordance
 with this Subsection (3).
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        (f) A county clerk shall analyze a signature, for purposes of removing a signature from
 a referendum petition, in accordance with Section 20A-7-206.3.
        Section 4. Section 20A-7-306 is amended to read:
        20A-7-306. Submitting the referendum petition -- Certification of signatures by
 the county clerks -- Transfer to lieutenant governor.
        (1) (a) The sponsors shall deliver a signed and verified referendum packet to the county
 clerk of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
        (i) 14 days after the day on which the first individual signs the referendum packet; or
        (ii) 40 days after the [end of] day on which the legislative session at which the law
 passed ends.
        (b) A sponsor may not submit a referendum packet after the deadline described in
 Subsection (1)(a).
        (2) (a) No later than 14 days after the day on which the county clerk receives a verified
 referendum packet, the county clerk shall:
        (i) check the name of each individual who completes the verification on the last page
 of each referendum packet to determine whether the individual is a resident of Utah and is at
 least 18 years old; and
        (ii) submit the name of each individual who is not a Utah resident or who is not at least
 18 years old to the attorney general and county attorney.
        (b) The county clerk may not certify a signature under Subsection (3):
        (i) on a referendum packet that is not verified in accordance with Section 20A-7-305;
 or
        (ii) that does not have a date of signature next to the signature.
        (3) No later than 14 days after the day on which the county clerk receives a verified
 referendum packet, the county clerk shall:
        (a) determine whether each signer is a registered voter according to the requirements of
 Section 20A-7-306.3;
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        Enrolled Copy                                                                          H.B. 75
        (b) certify on the referendum petition whether each name is that of a registered voter;
        (c) post the name and voter identification number of each registered voter certified
 under Subsection (3)(b) in a conspicuous location on the county's website for at least 45 days;
 and
        (d) deliver the verified referendum packet to the lieutenant governor.
        [(4) Within two business days after timely receipt of a statement described in
 Subsection 20A-7-305(3), the county clerk shall:]
        [(a) remove the voter's signature from the posting described in Subsection (3)(c); and]
        [(b) inform the lieutenant governor of the removal.]
        (4) The county clerk shall, after timely receipt of a statement requesting signature
 removal under Subsection 20A-7-305(3), remove the voter's name and voter identification
 number from the posting described in Subsection (3)(c), and notify the lieutenant governor's
 office of the removal, the earlier of:
        (a) within two business days after the day on which the the county clerk timely receives
 the statement; or
        (b) 99 days after the day on which the legislative session at which the law passed ends.
        (5) The sponsor or a sponsor's representative may not retrieve a referendum packet
 from a county clerk after the referendum packet is submitted to the county clerk.
        Section 5. Section 20A-7-307 is amended to read:
        20A-7-307. Evaluation by the lieutenant governor.
        (1) When a referendum packet is received from a county clerk, the lieutenant governor
 shall check off from the record the number of the referendum packet received.
        (2) (a) The lieutenant governor shall, within [14] seven days after the day on which the
 lieutenant governor receives a referendum packet from a county clerk:
        (i) count the number of the names certified by the county clerks on each verified
 signature sheet; and
        (ii) update on the lieutenant governor's website the number of signatures certified as of
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        H.B. 75
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 the date of the update.
         (b) The lieutenant governor shall[: (i) within one business day after the day on which
 the lieutenant governor provides the notification described in Subsection 20A-7-306(4)(b),]
 subtract the number of signatures removed from the number of signatures certified and update
 the number on the lieutenant governor's website accordingly[; and] no later than the earlier of:
         (i) one business day after the day on which the county clerk provides the notification
 described in Subsection 20A-7-306(4); or
         (ii) 54 days after the day on which the legislative session at which the law passed ends.
         [(ii)] (c) The lieutenant governor:
         (i) shall, except as provided in Subsection (2)(c)(ii), declare the petition to be sufficient
 or insufficient [95] 99 days after the end of the legislative session at which the law passed[.]; or
         (ii) may declare the petition to be insufficient before the day described in Subsection
 (2)(c)(i) if, after the county clerks have finished certifying all valid signatures on the timely and
 lawfully submitted signature packets, the lieutenant governor makes the determination
 described in Subsection (2)(e).
         [(c)] (d) If the total number of names certified under this Subsection (2) equals or
 exceeds the number of names required under Section 20A-7-301, and the requirements of this
 part are met, the lieutenant governor shall mark upon the front of the petition the word
 "sufficient."
         [(d)] (e) If the total number of names certified under this Subsection (2) does not equal
 or exceed the number of names required under Section 20A-7-301 or a requirement of this part
 is not met, the lieutenant governor shall mark upon the front of the petition the word
 "insufficient."
         [(e)] (f) The lieutenant governor shall immediately notify any one of the sponsors of
 the lieutenant governor's finding.
         [(f)] (g) After a petition is declared insufficient, the sponsors may not submit additional
 signatures to qualify the petition for the ballot.
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        Enrolled Copy                                                                               H.B. 75
         (3) (a) If the lieutenant governor refuses to accept and file a referendum petition, any
 voter may, not later than 10 days after the day on which the lieutenant governor declares the
 petition insufficient, apply to the appropriate court for an extraordinary writ to compel the
 lieutenant governor to accept and file the referendum petition.
         (b) If the court determines that the referendum petition is legally sufficient, the
 lieutenant governor shall file the referendum petition, with a verified copy of the judgment
 attached to the referendum petition, as of the date on which the referendum petition was
 originally offered for filing in the lieutenant governor's office.
         (c) If the court determines that a petition filed is not legally sufficient, the court may
 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
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