Utah Statutes § 20A-7-704 Initiative measures - Arguments for and against - Voters' requests for argument - Ballot arguments

Statute Text

(1)

(a) Before 5 p.m. no later than July 1 of the regular general election year, a sponsor of any initiative petition that has been declared sufficient by the lieutenant governor may deliver to the lieutenant governor a written notice that the sponsor intends to submit a written argument for adoption of the measure.

(b) If two or more sponsors timely submit a notice described in Subsection (1)(a), the lieutenant governor shall designate one of the sponsors to submit the argument for the sponsor's side of the measure.

(2)

(a) Before 5 p.m. no later than July 1 of the regular general election year, a member of the Legislature may deliver to the speaker of the House and the president of the Senate a written notice that the legislator intends to submit a written argument against adoption of an initiative petition that has been declared sufficient by the lieutenant governor.

(b) If two or more legislators timely submit a notice described in Subsection (2)(a), the speaker of the House and the president of the Senate shall, no later than July 5, jointly designate one of the legislators to submit the argument to the lieutenant governor.

(3) The sponsors and the legislators submitting arguments shall ensure that each argument:

(a) does not exceed 500 words in length, not counting the information described in Subsection (5); and

(b) is delivered to the lieutenant governor before 5 p.m. no later than July 10.

(4)

(a) If an argument for or against a measure to be submitted to the voters by initiative petition has not been filed within the time required under Subsection (3)(b):

(i) the Office of the Lieutenant Governor shall immediately:

(A) send an electronic notice that complies with the requirements of Subsection (4)(b) to each individual in the state for whom the Office of the Lieutenant Governor has an email address; or

(B) post a notice that complies with the requirements of Subsection (4)(b) on the home page of the lieutenant governor's website;

(ii) any voter may, before 5 p.m. no later than July 15, deliver written notice to the lieutenant governor that the voter intends to submit a written argument for the side on which no argument has been filed; and

(iii) if two or more voters timely submit the notice described in Subsection (4)(a)(ii) in relation to the same side of a measure, the lieutenant governor shall designate one of the voters to write the argument.

(b) A notice described in Subsection (4)(a)(i) shall contain:

(i) the ballot title for the measure;

(ii) instructions on how to submit a request under Subsection (4)(a)(ii); and

(iii) the deadlines described in Subsections (4)(a)(ii) and (4)(c).

(c) Any argument prepared under this Subsection (4) shall be submitted to the lieutenant governor before 5 p.m. no later than July 20.

(5) The lieutenant governor may not accept a ballot argument submitted under this section unless the argument lists:

(a) the name and address of the individual submitting the argument, if the argument is submitted by an individual voter; or

(b) the name and address of the organization and the names and addresses of at least two of the organization's principal officers, if the argument is submitted on behalf of an organization.

(6)

(a) Except as provided in Subsection (6)(c) or (d), the authors may not amend or change the arguments after they are submitted to the lieutenant governor.

(b) Except as provided in Subsection (6)(c) or (d), the lieutenant governor may not alter the arguments in any way.

(c) The lieutenant governor and the authors of an argument described in this section may jointly modify the argument after the argument is submitted if:

(i) the lieutenant governor and the authors jointly agree that changes to:

(A) the argument must be made to correct spelling or grammatical errors; or

(B) properly characterize the position of a state entity, if the argument mischaracterizes the position of a state entity; and

(ii) the argument has not yet been submitted for typesetting.

(d) If, after the lieutenant governor determines that an argument described in this section mischaracterizes the position of a state entity, the lieutenant governor and the authors of the argument cannot jointly agree on a change to the argument, the lieutenant governor:

(i) shall publish the argument with the mischaracterization; and

(ii) may, immediately following the argument, publish a brief description of the position of the state entity.

History

Amended by Chapter 255 , 2019 General Session , § 73 , eff. 5/14/2019 .

Amended by Chapter 217 , 2019 General Session , § 7 , eff. 5/14/2019 .

Amended by Chapter 147 , 2017 General Session , § 2 , eff. 5/9/2017 .

Amended by Chapter 334 , 2012 General Session , § 6 , eff. 5/8/2012 .

Amended by Chapter 65 , 2001 General Session

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