Utah Code § 20A-7-103.1

Current through the 2024 Fourth Special Session

Section 20A-7-103.1 - Constitutional amendments proposed during specified timeframe - Ballot title - Analysis - Arguments - Publication

If, after August 1, 2024, and before September 1, 2024, the Legislature passes a resolution proposing an amendment to the Utah Constitution:

(1) the presiding officers shall submit the information and ballot title described in Subsection 20A-7-103(3) to the lieutenant governor no later than:

(a) September 1, 2024, if the effective date of this bill is on or before September 1, 2024; or

(b) three calendar days after the effective date of this bill, if the effective date of this bill is after September 1, 2024;

(2) notwithstanding Subsection 20A-7-103(4), the lieutenant governor shall certify the letter or number and ballot title of each amendment or question to the county clerk of each county no later than the deadline described in Subsection (1);

(3) the presiding officers shall:

(a) in accordance with Subsections 20A-7-703.1(2) through (5), prepare an analysis for the proposed amendment for publication in the voter information pamphlet; and

(b) notwithstanding Subsection 20A-7-703.1(1)(b), submit the analysis to the lieutenant governor no later than October 1, 2024;

(4) Sections 20A-7-705 and 20A-7-706 do not apply in relation to the proposed amendment;

(5) no later than the day after the effective date of this bill:

(a) the presiding officer of the house of origin of the proposed amendment shall appoint the sponsor of the proposed amendment and one member of either house who voted in favor of the proposed amendment to draft an argument in favor of the proposed amendment; and

(b) the presiding officer of each house shall appoint one member who voted against the proposed amendment from their house, if any voted against the proposed amendment, to write an argument against the proposed amendment.

(6) an argument described in Subsection (5)(a) or (b) may not exceed 750 words, not counting the names and titles of the authors;

(7) the authors appointed to submit an argument shall submit the argument to the lieutenant governor no later than seven days after the effective date of this bill;

(8) except as provided in Subsection (10), the authors of an argument may not modify the argument after submission;

(9) except as provided in Subsection (10), the lieutenant governor may not modify an argument in any way;

(10) the lieutenant governor and the authors of an argument may jointly modify the argument after submission if:

(a) the modifications are made to correct spelling or grammatical errors or to correct a mischaracterization described in Subsection (17);

(b) the lieutenant governor and the authors jointly agree on the modifications; and

(c) the argument has not been submitted for typesetting;

(11) when the lieutenant governor has received both the argument for the proposed amendment, if any, and the argument against the proposed amendment, if any, the lieutenant governor shall immediately send a copy of the argument in favor of the proposed amendment, if any, to the authors of the argument against the proposed amendment, if any, and a copy of the argument against the proposed amendment, if any, to the authors of the argument in favor of the proposed amendment, if any;

(12) the authors who timely submit an argument under Subsection (7):

(a) may prepare and submit a rebuttal argument not exceeding 250 words, not counting the names and titles of the authors; and

(b) shall file the rebuttal argument with the lieutenant governor within seven days after the day on which the lieutenant governor sends copies of the arguments under Subsection (11);

(13) except as provided in Subsection (15), the authors of a rebuttal argument may not modify the rebuttal argument after submission;

(14) except as provided in Subsection (15), the lieutenant governor may not modify a rebuttal argument in any way;

(15) the lieutenant governor and the authors of a rebuttal argument may jointly modify the rebuttal argument after submission, if:

(a) the modifications are made to correct spelling or grammatical errors or to correct a mischaracterization described in Subsection (17);

(b) the lieutenant governor and the authors jointly agree on the modifications; and

(c) the rebuttal argument has not been submitted for typesetting;

(16) the lieutenant governor shall ensure that:

(a) a rebuttal argument is printed in the same manner as a direct argument; and

(b) each rebuttal argument follows immediately after the direct argument which the rebuttal argument seeks to rebut;

(17) if, after the lieutenant governor determines that an argument or a rebuttal argument mischaracterizes the position of a state entity, the lieutenant governor and the authors of the argument or rebuttal argument cannot jointly agree on a modification to correct the mischaracterization, the lieutenant governor:

(a) shall publish the argument or rebuttal argument with the mischaracterization; and

(b) may, immediately following the argument or rebuttal argument, publish a brief description of the position of the state entity;

(18) notwithstanding Subsection 20A-7-103(4), the lieutenant governor shall certify the letter or number and ballot title of each amendment or question to the county clerk of each county no later than the deadline described in Subsection (1); and

(19) the deadline described in Subsection 20A-7-801(4)(b) does not apply to the ballot title, analysis, arguments, rebuttal arguments, descriptions, or other items described in this section.

Utah Code § 20A-7-103.1

Added by Chapter 2, 2024SP4 General Session ,§ 1, eff. 8/22/2024.

Affected by 63I-2-220 on 7/1/2025