20A-7-508. Short title and summary of initiative — Duties of local clerk and local attorney.
(1)
Upon receipt of an initiative petition, the local clerk shall deliver a copy of the initiative petition and the proposed law to the local attorney.
Terms Used In Utah Code 20A-7-508
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;
Initial fiscal impact and legal statement: means a financial and legal statement prepared under Section 20A-7-502. 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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Local attorney: means the county attorney, city attorney, or town attorney in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. 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
Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. 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
entitle each county or municipal initiative that has qualified for the ballot “Proposition Number __” and give it a number as assigned under Section 20A-6-107;
(b)
prepare for each initiative:
(i)
an impartial short title, not exceeding 25 words, that generally describes the subject of the initiative; and
(ii)
an impartial summary of the contents of the initiative, not exceeding 125 words;
(c)
file the proposed short title, summary, and the numbered initiative titles with the local clerk within 20 days after the day on which an eligible voter submits the initiative petition to the local clerk; and
(d)
promptly provide notice of the filing of the proposed short title and summary to:
(i)
the sponsors of the initiative; and
(ii)
the local legislative body for the jurisdiction where the initiative petition was circulated.
(3)
(a)
The short title and summary may be distinct from the title of the proposed law.
(b)
In preparing a short title, the local attorney shall, to the best of the local attorney’s ability, give a true and impartial description of the subject of the initiative.
(c)
In preparing a summary, the local attorney shall, to the best of the local attorney’s ability, give a true and impartial summary of the contents of the initiative.
(d)
The short title and summary may not intentionally be an argument, or likely to create prejudice, for or against the initiative.
(e)
If the initiative proposes a tax increase, the local attorney shall include the following statement, in bold, in the summary: “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.”.
(4)
(a)
Within five calendar days after the date the local attorney files a proposed short title and summary under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative petition was circulated and the sponsors of the initiative may file written comments in response to the proposed short title and summary with the local clerk.
(b)
Within five calendar days after the last date to submit written comments under Subsection (4)(a), the local attorney shall:
(i)
review any written comments filed in accordance with Subsection (4)(a);
(ii)
prepare a final short title and summary that meets the requirements of Subsection (3); and
(iii)
return the initiative petition and file the short title and summary with the local clerk.
(c)
Subject to Subsection (6), for each county or municipal initiative, the following shall be printed on the official ballot:
(i)
the short title; and
(ii)
except as provided in Subsection (4)(d):
(A)
the summary;
(B)
a copy of the proposed law; and
(C)
a link to a location on the election officer’s website where a voter may review additional information relating to each initiative, including the information described in Subsection 20A-7-502(2), the initial fiscal impact and legal statement described in Section 20A-7-502.5, as updated, and the arguments relating to the initiative that are included in the local voter information pamphlet.
(d)
Unless the information described in Subsection (4)(c)(ii) is printed on the official ballot, the election officer shall include with the ballot a separate ballot proposition insert that includes the short title and summary for each initiative on the ballot and a link to a location on the election officer’s website where a voter may review the additional information described in Subsection (4)(c)(ii)(C).
(e)
Unless the information described in Subsection (4)(c)(ii) for all initiatives on the ballot, and the information described in Subsection 20A-7-608(4)(c)(ii) for all referenda on the ballot, is printed on the ballot, the ballot shall include the following statement at the beginning of the portion of the ballot that includes ballot measures, “The ballot proposition sheet included with this ballot contains an impartial summary of each initiative and referendum on this ballot, unless the summary is printed directly on the ballot.”
(5)
Immediately after the local attorney files a copy of the short title and summary with the local clerk, the local clerk shall serve a copy of the short title and summary by mail upon the sponsors of the initiative and the local legislative body for the jurisdiction where the initiative petition was circulated.
(6)
(a)
If the short title or summary furnished by the local attorney is unsatisfactory or does not comply with the requirements of this section, the decision of the local attorney may be appealed to the appropriate court by:
(i)
at least three sponsors of the initiative; or
(ii)
a majority of the local legislative body for the jurisdiction where the initiative petition was circulated.
(b)
The court:
(i)
shall examine the short title and summary and consider arguments; and
(ii)
enter an order consistent with the requirements of this section.
(c)
The local clerk shall include the short title and summary in the ballot or ballot proposition insert, as required by this section.
Amended by Chapter 45, 2023 General Session, (Coordination Clause) Amended by Chapter 45, 2023 General Session Amended by Chapter 107, 2023 General Session
