Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that increases ballot initiative voter referendum requirements.

Highlights:

• Requires that within 15 days after the day on which an eligible voter files an application to circulate an initiative petition or an application to circulate a referendum petition (Sec. 4):

• The sponsors of the proposed initiative or referendum can submit a written argument in favor of the proposed initiative or referendum to the election officer of the county or municipality to which the petition relates; and 

• The county or municipality to which the application relates can submit a written argument in favor of, or against, the proposed initiative or referendum to the county's or municiaplity’s election officer.

• Amends previous signature requirements, and now requires that an eligible voter seeking to have either an initiative or a local law passed by the local legislative body submitted to a local legislative body or put to a vote of the people for approval or rejection must obtain legal signatures equal to the following (Sec. 9 & 23):

• For a county of the first class:

• 7.75 percent of the number of active voters in the country; and 

• Beginning January 1, 2020, 7.75 percent of the number of active voters in at least 75 percent of the county’s voter participation areas.

• For a metro township with a population of 100,000 or more, or a city of the first class:

• 7.5 percent of the number of active voters in the metro township or city; and

• Beginning January 1, 2020, 7.5 percent of the number of active voters in at least 75 percent of the metro townships or city’s voter participation areas.

• For a county of the second class:

• 8 percent of the number of active voters in the county; and 

• Beginning January 1, 2020, 8 percent of the number of active voters in at least 75 percent of the county’s voter participation areas.

• For a metro township with a population of 65,000 or more, but less than 100,000, or a city of the second class:

• 8.25 percent of the number of active voters in the metro township or city; and

• Beginning January 1, 2020, 8.25 percent of the number of active voters in at least 75 percent of the metro township’s or city’s voter participation areas.

• For a county of the third class:

• 9.5 percent of the number of active voters in the county; and 

• Beginning January 1, 2020, 9.5 percent of the number of active voters in at least 75 percent of the county’s voter participation areas.

• For a metro township with a population of 30,000 or more but less than 65,000, or a city of the third class:

• 10 percent of the number of active voters in the metro township or city; and 

• Beginning January 1, 2020, 10 percent of the number of active voters in at least 75 percent of the metro townships or city’s voter participation areas.

• For a county of the fourth class:

• 11.5 percent of the number of active voters in the county; and

• Beginning January 1, 2020, 11.5 percent of the number of active voters in at least 75 percent of the county’s voter participation areas.

• For a metro township with a population of 10,000 or more but less than 30,000, or a city of the fourth class:

• 11.5 percent of the number of active voters in the county; and

• Beginning January 1, 2020, 11.5 percent of the number of active voters in at least 75 percent of the county’s voter participation areas.

• For a metro township with a population of 1,000 or more but less than 10,000, a city of the fifth class, or a county of the fifth class, 25 percent of the number of active voters in the metro township or county; or

• For a metro township with a population of less than 1,000, a town or a county of the sixth class, 35 percent of the number of active voters in the metro township, town, or county.

• Prohibits a county clerk from providing a final verification of the signature packets submitted for a proposed referendum until 8 days after the day on which a sponsor submits the final, timely signature packet to the county clerk to be certified (Sec. 31).

• Prohibits a county, city, town, or metro from doing the following after the 20-day period after an eligible voter files an application to circulate an initiative petition (Sec. 12):

• Reject a proposed initiative as not legally referable to voters; or

• Bring legal action, other than to appeal a court decision, challenging proposed initiative on the grounds that the proposed initiative is not legally referable to voters. 

• Authorizes a sponsor of the proposed initiative to, within 10 days after the day on which a sponsor is notified, appeal the decision if a county, city, town or metro township rejects a proposed initiative, to the following courts (Sec. 12):

• A district court; or 

• The Supreme Court, if the Supreme Court has original jurisdiction over the appeal.

• Requires that if, on appeal, the court determines that the law proposed in the initiative petition is legally referable to voters, the local clerk to comply within 5 days after the day on which the determination, and any appeal of the determination, is final (Sec. 12).

Full Bill Text