20A-7-402. Local voter information pamphlet — Notice — Contents — Limitations — Preparation — Statement on front cover.
(1)
The county or municipality that is subject to a ballot proposition shall prepare a local voter information pamphlet that complies with the requirements of this part.
Terms Used In Utah Code 20A-7-402
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Election officer: means :
(a)
the lieutenant governor, for all statewide ballots and elections;
Eligible voter: means a legal voter who resides in the jurisdiction of the county, city, or town that is holding an election on a ballot proposition. See Utah Code 20A-7-101
Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
Local legislative body: means the legislative body of a county, city, town, or metro township. See Utah Code 20A-7-101
Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
Special local ballot proposition: means a local ballot proposition that is not a standard local ballot proposition. See Utah Code 20A-7-101
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
Standard local ballot proposition: means a local ballot proposition for an initiative or a referendum. See Utah Code 20A-7-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Within the time requirements described in Subsection (2)(c)(i), a municipality that is subject to a special local ballot proposition shall provide a notice that complies with the requirements of Subsection (2)(c)(ii) to the municipality’s residents by publishing the notice for the municipality, as a class A notice under Section 63G-30-102, for the time period set under Subsection (2)(c)(i).
(b)
A county that is subject to a special local ballot proposition shall publish a notice that complies with the requirements of Subsection (2)(c)(ii) for the county, as a class A notice under Section 63G-30-102.
(c)
A municipality or county that publishes a notice under Subsection (2)(a) or (b) shall:
(i)
publish the notice:
(A)
not less than 90 days before the date of the election at which a special local ballot proposition will be voted upon; or
(B)
if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable after the special local ballot proposition is approved to be voted upon in an election; and
(ii)
ensure that the notice contains:
(A)
the ballot title for the special local ballot proposition;
(B)
instructions on how to file a request under Subsection (2)(d); and
(C)
the deadline described in Subsection (2)(d).
(d)
To prepare a written argument for or against a special local ballot proposition, an eligible voter shall file a request with the election officer before 5 p.m. no later than 64 days before the day of the election at which the special local ballot proposition is to be voted on.
(e)
If more than one eligible voter requests the opportunity to prepare a written argument for or against a special local ballot proposition, the election officer shall make the final designation in accordance with the following order of priority:
(i)
sponsors have priority in preparing an argument regarding a special local ballot proposition; and
(ii)
members of the local legislative body have priority over others if a majority of the local legislative body supports the written argument.
(f)
The election officer shall grant a request described in Subsection (2)(d) or (e) no later than 60 days before the day of the election at which the ballot proposition is to be voted on.
(g)
(i)
A sponsor of a special local ballot proposition may prepare a written argument in favor of the special local ballot proposition.
(ii)
Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot proposition who submits a request under Subsection (2)(d) may prepare a written argument against the special local ballot proposition.
(h)
An eligible voter who submits a written argument under this section in relation to a special local ballot proposition shall:
(i)
ensure that the written argument does not exceed 500 words in length, not counting the information described in Subsection (2)(h)(ii) or (iv);
(ii)
list, at the end of the argument, at least one, but no more than five, names as sponsors;
(iii)
submit the written argument to the election officer before 5 p.m. no later than 55 days before the election day on which the ballot proposition will be submitted to the voters;
(iv)
list in the argument, immediately after the eligible voter’s name, the eligible voter’s residential address; and
(v)
submit with the written argument the eligible voter’s name, residential address, postal address, email address if available, and phone number.
(i)
An election officer shall refuse to accept and publish an argument submitted after the deadline described in Subsection (2)(h)(iii).
(3)
(a)
An election officer who timely receives the written arguments in favor of and against a special local ballot proposition shall, within one business day after the day on which the election office receives both written arguments, send, via mail or email:
(i)
a copy of the written argument in favor of the special local ballot proposition to the eligible voter who submitted the written argument against the special local ballot proposition; and
(ii)
a copy of the written argument against the special local ballot proposition to the eligible voter who submitted the written argument in favor of the special local ballot proposition.
(b)
The eligible voter who submitted a timely written argument in favor of the special local ballot proposition:
(i)
may submit to the election officer a written rebuttal argument of the written argument against the special local ballot proposition;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in length, not counting the information described in Subsection (2)(h)(ii) or (iv); and
(iii)
shall submit the written rebuttal argument before 5 p.m. no later than 45 days before the election day on which the special local ballot proposition will be submitted to the voters.
(c)
The eligible voter who submitted a timely written argument against the special local ballot proposition:
(i)
may submit to the election officer a written rebuttal argument of the written argument in favor of the special local ballot proposition;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in length, not counting the information described in Subsection (2)(h)(ii) or (iv); and
(iii)
shall submit the written rebuttal argument before 5 p.m. no later than 45 days before the election day on which the special local ballot proposition will be submitted to the voters.
(d)
An election officer shall refuse to accept and publish a written rebuttal argument in relation to a special local ballot proposition that is submitted after the deadline described in Subsection (3)(b)(iii) or (3)(c)(iii).
(4)
(a)
Except as provided in Subsection (4)(b), in relation to a special local ballot proposition:
(i)
an eligible voter may not modify a written argument or a written rebuttal argument after the eligible voter submits the written argument or written rebuttal argument to the election officer; and
(ii)
a person other than the eligible voter described in Subsection (4)(a)(i) may not modify a written argument or a written rebuttal argument.
(b)
The election officer, and the eligible voter who submits a written argument or written rebuttal argument in relation to a special local ballot proposition, may jointly agree to modify a written argument or written rebuttal argument in order to:
(i)
correct factual, grammatical, or spelling errors; and
(ii)
reduce the number of words to come into compliance with the requirements of this section.
(c)
An election officer shall refuse to accept and publish a written argument or written rebuttal argument in relation to a special local ballot proposition if the eligible voter who submits the written argument or written rebuttal argument fails to negotiate, in good faith, to modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
(5)
In relation to a special local ballot proposition, an election officer may designate another eligible voter to take the place of an eligible voter described in this section if the original eligible voter is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the duties of an eligible voter described in this section.
(6)
Sponsors whose written argument in favor of a standard local ballot proposition is included in a proposition information pamphlet under Section 20A-7-401.5:
(a)
may, if a written argument against the standard local ballot proposition is included in the proposition information pamphlet, submit a written rebuttal argument to the election officer;
(b)
shall ensure that the written rebuttal argument does not exceed 250 words in length; and
(c)
shall submit the written rebuttal argument no later than 45 days before the election day on which the standard local ballot proposition will be submitted to the voters.
(7)
(a)
A county or municipality that submitted a written argument against a standard local ballot proposition that is included in a proposition information pamphlet under Section 20A-7-401.5:
(i)
may, if a written argument in favor of the standard local ballot proposition is included in the proposition information pamphlet, submit a written rebuttal argument to the election officer;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in length; and
(iii)
shall submit the written rebuttal argument no later than 45 days before the election day on which the ballot proposition will be submitted to the voters.
(b)
If a county or municipality submits more than one written rebuttal argument under Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments, giving preference to a written rebuttal argument submitted by a member of a local legislative body.
(8)
(a)
An election officer shall refuse to accept and publish a written rebuttal argument that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
An election officer who receives a written rebuttal argument described in this section may not, before publishing the local voter information pamphlet described in this section, disclose the written rebuttal argument, or any information contained in the written rebuttal argument, to any person who may in any way be involved in preparing an opposing rebuttal argument.
(9)
(a)
Except as provided in Subsection (9)(b), a person may not modify a written rebuttal argument after the written rebuttal argument is submitted to the election officer.
(b)
The election officer, and the person who submits a written rebuttal argument, may jointly agree to modify a written rebuttal argument in order to:
(i)
correct factual, grammatical, or spelling errors; or
(ii)
reduce the number of words to come into compliance with the requirements of this section.
(c)
An election officer shall refuse to accept and publish a written rebuttal argument if the person who submits the written rebuttal argument:
(i)
fails to negotiate, in good faith, to modify the written rebuttal argument in accordance with Subsection (9)(b); or
(ii)
does not timely submit the written rebuttal argument to the election officer.
(d)
An election officer shall make a good faith effort to negotiate a modification described in Subsection (9)(b) in an expedited manner.
(10)
An election officer may designate another person to take the place of a person who submits a written rebuttal argument in relation to a standard local ballot proposition if the person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the person’s duties.
(11)
(a)
The local voter information pamphlet shall include a copy of the initial fiscal impact estimate and the legal impact statement prepared for each initiative under Section 20A-7-502.5.
(b)
If the initiative proposes a tax increase, the local voter information pamphlet shall include the following statement in bold type: “This initiative seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax rate.”
(12)
(a)
In preparing the local voter information pamphlet, the election officer shall:
(i)
ensure that the written arguments are printed on the same sheet of paper upon which the ballot proposition is also printed;
(ii)
ensure that the following statement is printed on the front cover or the heading of the first page of the printed written arguments: “The arguments for or against a ballot proposition are the opinions of the authors.”;
(iii)
pay for the printing and binding of the local voter information pamphlet; and
(iv)
not less than 15 days before, but not more than 45 days before, the election at which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered voter entitled to vote on the ballot proposition:
(A)
a voter information pamphlet; or
(B)
the notice described in Subsection (12)(c).
(b)
(i)
If the language of the ballot proposition exceeds 500 words in length, the election officer may summarize the ballot proposition in 500 words or less.
(ii)
The summary shall state where a complete copy of the ballot proposition is available for public review.
(c)
(i)
The election officer may distribute a notice printed on a postage prepaid, preaddressed return form that a person may use to request delivery of a voter information pamphlet by mail.
(ii)
The notice described in Subsection (12)(c)(i) shall include:
(A)
the address of the Statewide Electronic Voter Information Website authorized by Section 20A-7-801; and
(B)
the phone number a voter may call to request delivery of a voter information pamphlet by mail or carrier.
