Utah Supreme Court Referendum Amendments

44
20A-1-1001
20A-7-105
20A-7-702
20A-11-1202
78A-1-201
78A-1-202
78A-1-203
78A-1-204
78A-1-205
78A-1-206
78A-1-207
78A-1-208
0
Utah Supreme Court Referendum Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor:
LONG TITLE
General Description:
This bill creates a referendum process for an opinion by the Utah Supreme Court.
Highlighted Provisions:
This bill:
defines terms related to a referendum;
creates a process by which an opinion by the Supreme Court is submitted or referred to
the voters of Utah for their approval or rejection of the Supreme Court's determination
that a state law is unconstitutional; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-1001
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-105
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-702
, as last amended by Laws of Utah 2024, Chapter 465
20A-11-1202
, as last amended by Laws of Utah 2025, Chapter 96
ENACTS:
78A-1-201
, Utah Code Annotated 1953
78A-1-202
, Utah Code Annotated 1953
78A-1-203
, Utah Code Annotated 1953
78A-1-204
, Utah Code Annotated 1953
78A-1-205
, Utah Code Annotated 1953
78A-1-206
, Utah Code Annotated 1953
78A-1-207
, Utah Code Annotated 1953
78A-1-208
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-1001
is amended to read:
20A-1-1001
. Definitions.
As used in this part:
(1)
(a)
"Clerk" means the lieutenant governor, a county clerk, municipal clerk, town
clerk, city recorder, or municipal recorder.
(b)
"Clerk" includes a board of trustees under
Title 17B, Chapter 1, Provisions
Applicable to All Special Districts
.
(2)
"Local petition" means:
(a)
a manual or electronic local initiative petition described in
Chapter 7, Part 5, Local
Initiatives - Procedures
; or
(b)
a manual or electronic local referendum petition described in
Chapter 7, Part 6, Local
Referenda - Procedures
.
(3)
"Petition" means one of the following written requests, signed by registered voters,
appealing to an authority with respect to a particular cause:
(a)
a local petition;
(b)
a petition to consolidate two or more municipalities under Section
10-2-601
;
(c)
a petition for disincorporation of a municipality under Section
10-2-701
;
(d)
a petition to incorporate a proposed municipality under Section
10-2a-208
;
(e)
a petition to consolidate adjoining counties under Section
17-61-201
;
(f)
a petition to annex a portion of a county to an adjoining county under Section
17-61-301
;
(g)
a petition for the creation of a new county under Section
17-61-401
;
(h)
a petition for the removal of a county seat under Section
17-60-302
;
(i)
a petition for the adoption of an optional plan under Section
17-62-303
;
(j)
a petition for the repeal of an optional plan under Section
17-62-505
;
(k)
a petition to create a special district under Section
17B-1-203
;
(l)
a petition to withdraw an area from a special district under Section
17B-1-504
;
(m)
a petition to dissolve a special district under Section
17B-1-1303
;
(n)
a petition for issuance of local building authority bonds under Section
17D-2-502
;
(o)
a petition to become a registered political party under Section
20A-8-103
;
(p)
a nomination petition for municipal office under Section
20A-9-203
;
(q)
a nomination petition for a regular primary election under Subsection
20A-9-403(3)(a)
and Section
20A-9-405
;
(r)
a petition for a political party to qualify as a municipal political party under Section
20A-9-404
;
(s)
a petition for the nomination of a qualified political party under Section
20A-9-408
;
(t)
a nomination petition for a candidate not affiliated with a political party under
Section
20A-9-502
;
(u)
a nomination petition to become a delegate to a ratification convention under Section
20A-15-103
;
(v)
a petition to create a new school district under Section
53G-3-301
;
(w)
a petition to consolidate school districts under Section
53G-3-401
;
(x)
a petition to transfer a portion of a school district to another district under Section
53G-3-501
;
(y)
a petition to determine whether a privatization project agreement should be approved
under Section
73-10d-4
; or
(z)
a statewide petition.
(4)
"Statewide petition" means:
(a)
a manual or electronic statewide initiative petition described in
Chapter 7, Part 2,
Statewide Initiatives
;
or
(b)
a manual or electronic statewide referendum petition described in
Chapter 7, Part 3,
Statewide Referenda
.
; or
(c)
a statewide referendum petition described in Title 78A, Chapter 1, Part 2, Statewide
Referendum on Supreme Court Opinion.
(5)
(a)
"Substantially similar name" means:
(i)
the given name, the surname, or both, provided by the individual with the
individual's petition signature, contain only minor spelling differences when
compared to the given name and surname shown on the official register;
(ii)
the surname provided by the individual with the individual's petition signature
exactly matches the surname shown on the official register, and the given names
differ only because one of the given names shown is a commonly used
abbreviation or variation of the other;
(iii)
the surname provided by the individual with the individual's petition signature
exactly matches the surname shown on the official register, and the given names
differ only because one of the given names shown is accompanied by a first or
middle initial or a middle name which is not shown on the other record; or
(iv)
the surname provided by the individual with the individual's petition signature
exactly matches the surname shown on the official register, and the given names
differ only because one of the given names shown is an alphabetically
corresponding initial that has been provided in the place of a given name shown
on the other record.
(b)
"Substantially similar name" does not include a name having an initial or a middle
name provided by the individual with the individual's petition signature that does not
match a different initial or middle name shown on the official register.
Section 2. Section
20A-7-105
is amended to read:
20A-7-105
. Manual petition processes -- Obtaining signatures -- Verification --
Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
Removal of signature.
(1)
This section applies only to the manual initiative process and the manual referendum
process.
(2)
As used in this section:
(a)
"Local petition" means:
(i)
a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
or
(ii)
a manual local referendum petition described in Part 6, Local Referenda -
Procedures.
(b)
"Packet" means an initiative packet or referendum packet.
(c)
"Petition" means a local petition or statewide petition.
(d)
"Statewide petition" means:
(i)
a manual statewide initiative petition described in Part 2, Statewide Initiatives;
or
(ii)
a manual statewide referendum petition described in Part 3, Statewide Referenda
.
;
or
(iii)
a statewide referendum petition described in Title 78A, Chapter 1, Part 2,
Statewide Referendum on Supreme Court Opinion.
(3)
(a)
A Utah voter may sign a statewide petition if the voter is a legal voter.
(b)
A Utah voter may sign a local petition if the voter:
(i)
is a legal voter; and
(ii)
resides in the local jurisdiction.
(4)
(a)
The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i)
is at least 18 years old;
(ii)
verifies each signature sheet by completing the verification printed on the last
page of each packet; and
(iii)
is informed that each signer is required to read and understand:
(A)
for an initiative petition, the law proposed by the initiative; or
(B)
for a referendum petition, the law that the referendum seeks to overturn.
(b)
An individual may not sign the verification printed on the last page of a packet if the
individual signed a signature sheet in the packet.
(5)
(a)
The sponsors, or an agent of the sponsors, shall submit a signed and verified
packet to the county clerk of the county in which the packet was circulated before 5
p.m. no later than the earlier of:
(i)
for a statewide initiative:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the initiative packet;
(B)
the last business day that is no more than 316 calendar days after the day on
which the application for the initiative petition is filed; or
(C)
the February 15 immediately before the next regular general election
immediately after the application is filed under Section
20A-7-202
;
(ii)
for a statewide referendum:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the referendum packet; or
(B)
the first business day that is at least 40 calendar days after the day on which
the legislative session at which the law passed ends;
(iii)
for a local initiative:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the initiative packet;
(B)
the last business day that is no more than 316 calendar days after the day on
which the application is filed;
(C)
the April 15 immediately before the next regular general election immediately
after the application is filed under Section
20A-7-502
, if the local initiative is a
county initiative; or
(D)
the April 15 immediately before the next municipal general election
immediately after the application is filed under Section
20A-7-502
, if the local
initiative is a municipal initiative; or
(iv)
for a local referendum:
(A)
the first business day that is at least 30 calendar days after the day on which
the first individual signs the referendum packet; or
(B)
the first business day that is at least 45 calendar days after the day on which
the sponsors receive the items described in Subsection
20A-7-604(3)
from the
local clerk.
(b)
A person may not submit a packet after the applicable deadline described in
Subsection
(5)(a)
.
(c)
Before delivering an initiative packet to the county clerk under this Subsection
(5)
,
the sponsors shall send an email to each individual who provides a legible, valid
email address on the signature sheet that includes the following:
(i)
the subject of the email shall include the following statement, "Notice Regarding
Your Petition Signature"; and
(ii)
the body of the email shall include the following statement in 12-point type:
"You signed a petition for the following initiative:
[insert title of initiative]
To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
information on the deadline for removing your signature from the petition, please visit the
following link: [insert a uniform resource locator that takes the individual directly to the page
on the lieutenant governor's or county clerk's website that includes the information referred to
in the email]."
(d)
For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on which
the sponsors submit the last initiative packet to the county clerk, submit to the
lieutenant governor:
(i)
a list containing:
(A)
the name and email address of each individual the sponsors sent, or caused to
be sent, the email described in Subsection
(5)(c)
; and
(B)
the date the email was sent;
(ii)
a copy of the email described in Subsection
(5)(c)
; and
(iii)
the following written verification, completed and signed by each of the sponsors:
"Verification of initiative sponsor State of Utah, County of __________I, __________,
of __________, hereby state, under penalty of perjury, that:
I am a sponsor of the initiative petition entitled ____________________; and
I sent, or caused to be sent, to each individual who provided a legible, valid email
address on a signature sheet submitted to the county clerk in relation to the initiative petition,
the email described in Utah Code Subsection
20A-7-105(5)(c)
.
______________________________________________________________ __
(Name)
(Residence Address)
(Date)".
(e)
For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which the
sponsors submit the last initiative packet to the local clerk, submit to the local clerk
the items described in Subsection
(5)(d)
.
(f)
Signatures gathered for an initiative petition are not valid if the sponsors do not
comply with Subsection
(5)(c)
, (d), or (e).
(6)
(a)
Within 21 calendar days after the day on which the county clerk receives the
packet, the county clerk shall:
(i)
use the procedures described in Section
20A-1-1002
, or
20A-7-106
if applicable,
to determine whether each signer is a legal voter and, as applicable, the
jurisdiction where the signer is registered to vote;
(ii)
for a statewide initiative or a statewide referendum:
(A)
certify on the petition whether each name is that of a legal voter;
(B)
post the name, voter identification number, and date of signature of each legal
voter certified under Subsection
(6)(a)(ii)(A)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor; and
(C)
deliver the verified packet to the lieutenant governor;
(iii)
for a local initiative or a local referendum:
(A)
certify on the petition whether each name is that of a legal voter who is
registered in the jurisdiction to which the initiative or referendum relates;
(B)
post the name, voter identification number, and date of signature of each legal
voter certified under Subsection
(6)(a)(iii)(A)
on the lieutenant governor's
website, in a conspicuous location designated by the lieutenant governor; and
(C)
deliver the verified packet to the local clerk.
(b)
For a local initiative or local referendum, the local clerk shall post a link in a
conspicuous location on the local government's website to the posting described in
Subsection
(6)(a)(iii)(B)
:
(i)
for a local initiative, during the period of time described in Subsection
20A-7-507(3)(a)
; or
(ii)
for a local referendum, during the period of time described in Subsection
20A-7-607(2)(a)(i)
.
(7)
The county clerk may not certify a signature under Subsection
(6)
:
(a)
on a packet that is not verified in accordance with Subsection
(4)
; or
(b)
that does not have a date of signature next to the signature.
(8)
(a)
A voter who signs a statewide initiative petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
for an initiative packet received by the county clerk before December 1:
(A)
the first business day that is at least 30 calendar days after the day on which
the voter signs the signature removal statement; or
(B)
the first business day that is at least 90 calendar days after the day on which
the lieutenant governor posts the voter's name under Subsection
20A-7-207(2)
;
or
(ii)
for an initiative packet received by the county clerk on or after December 1:
(A)
the first business day that is at least 30 calendar days after the day on which
the voter signs the signature removal statement; or
(B)
the first business day that is at least 45 calendar days after the day on which
the lieutenant governor posts the voter's name under Subsection
20A-7-207(2)
.
(b)
A voter who signs a statewide referendum petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
lieutenant governor posts the voter's name under Subsection
20A-7-307(2)
.
(c)
A voter who signs a local initiative petition may have the voter's signature removed
from the petition by, in accordance with Section
20A-1-1003
, submitting to the
county clerk a statement requesting that the voter's signature be removed no later than
5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the signature removal statement;
(ii)
the first business day that is at least 90 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-507(2)
;
(iii)
the last business day that is no more than 316 calendar days after the day on
which the application is filed; or
(iv)
(A)
for a county initiative, April 15 immediately before the next regular
general election immediately after the application is filed under Section
20A-7-502
; or
(B)
for a municipal initiative, April 15 immediately before the next municipal
general election immediately after the application is filed under Section
20A-7-502
.
(d)
A voter who signs a local referendum petition may have the voter's signature
removed from the petition by, in accordance with Section
20A-1-1003
, submitting to
the county clerk a statement requesting that the voter's signature be removed no later
than 5 p.m. the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
voter signs the statement requesting removal; or
(ii)
the first business day that is at least 45 calendar days after the day on which the
local clerk posts the voter's name under Subsection
20A-7-607(2)(a)
.
(e)
In order for the signature to be removed, the county clerk must receive the statement
described in this Subsection
(8)
before 5 p.m. no later than the applicable deadline
described in this Subsection
(8)
.
(f)
A county clerk shall analyze a signature, for purposes of removing a signature from a
petition, in accordance with Subsection
20A-1-1003(3)
.
(9)
(a)
If the county clerk timely receives a statement requesting signature removal under
Subsection
(8)
and determines that the signature should be removed from the petition
under Subsection
20A-1-1003(3)
, the county clerk shall:
(i)
ensure that the voter's name, voter identification number, and date of signature are
not included in the posting described in Subsection
(6)(a)(ii)(B)
or
(iii)(B)
; and
(ii)
remove the voter's signature from the signature packets and signature packet
totals.
(b)
The county clerk shall comply with Subsection
(9)(a)
before the later of:
(i)
the deadline described in Subsection
(6)(a)
; or
(ii)
two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection
(8)
.
(10)
A person may not retrieve a packet from a county clerk, or make any alterations or
corrections to a packet, after the packet is submitted to the county clerk.
Section 3. Section
20A-7-702
is amended to read:
20A-7-702
. Voter information pamphlet -- Form -- Contents.
The voter information pamphlet shall contain the following items in this order:
(1)
a cover title page;
(2)
an introduction to the pamphlet by the lieutenant governor;
(3)
a table of contents;
(4)
a list of all candidates for constitutional offices;
(5)
a list of candidates for each legislative district;
(6)
a 100-word statement of qualifications for each candidate for the office of governor,
lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
candidate to the lieutenant governor's office before 5 p.m. on the first business day in
August before the date of the election;
(7)
information pertaining to all measures to be submitted to the voters, beginning a new
page for each measure and containing, in the following order for each measure:
(a)
a copy of the number and ballot title of the measure;
(b)
the final vote cast by the Legislature on the measure if it is a measure submitted by
the Legislature or by referendum;
(c)
(i)
for a measure other than a measure described in Section
20A-7-103
, the
impartial analysis of the measure prepared by the Office of Legislative Research
and General Counsel; or
(ii)
for a measure described in Section
20A-7-103
, the analysis of the measure
prepared by the presiding officers;
(d)
the arguments in favor of the measure, the rebuttal to the arguments in favor of the
measure, the arguments against the measure, and the rebuttal to the arguments against
the measure, with the name and title of the authors at the end of each argument or
rebuttal;
(e)
for each constitutional amendment, a complete copy of the text of the constitutional
amendment, with all new language underlined, and all deleted language placed within
brackets;
(f)
for each initiative qualified for the ballot:
(i)
a copy of the initiative as certified by the lieutenant governor and a copy of the
initial fiscal impact statement prepared according to Section
20A-7-202.5
; and
(ii)
if the initiative proposes a tax increase, 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."; and
(g)
for each referendum qualified for the ballot, a complete copy of the text of the law
or
opinion by the Supreme Court
being submitted to the voters for their approval or
rejection, with all new language underlined and all deleted language placed within
brackets
, as
if
applicable;
(8)
a description provided by the Judicial Performance Evaluation Commission of the
selection and retention process for judges, including, in the following order:
(a)
a description of the judicial selection process;
(b)
a description of the judicial performance evaluation process;
(c)
a description of the judicial retention election process;
(d)
a list of the criteria of the judicial performance evaluation and the certification
standards;
(e)
the names of the judges standing for retention election; and
(f)
for each judge:
(i)
a list of the counties in which the judge is subject to retention election;
(ii)
a short biography of professional qualifications and a recent photograph;
(iii)
a narrative concerning the judge's performance;
(iv)
for each certification standard under Section
78A-12-205
, a statement identifying
whether, under Section
78A-12-205
, the judge met the standard and, if not, the
manner in which the judge failed to meet the standard;
(v)
a statement that the Judicial Performance Evaluation Commission:
(A)
has determined that the judge meets or exceeds minimum performance
standards;
(B)
has determined that the judge does not meet or exceed minimum performance
standards; or
(C)
has not made a determination regarding whether the judge meets or exceeds
minimum performance standards;
(vi)
any statement, described in Subsection
78A-12-206(3)(b)
, provided by a judge
whom the Judicial Performance Evaluation Commission determines does not meet
or exceed minimum performance standards;
(vii)
in a bar graph, the average of responses to each survey category, displayed with
an identification of the minimum acceptable score as set by Section
78A-12-205

and the average score of all judges of the same court level; and
(viii)
a website address that contains the Judicial Performance Evaluation
Commission's report on the judge's performance evaluation;
(9)
for each judge, a statement provided by the Utah Supreme Court identifying the
cumulative number of informal reprimands, when consented to by the judge in
accordance with Title 78A, Chapter 11, Judicial Conduct Commission, formal
reprimands, and all orders of censure and suspension issued by the Utah Supreme Court
under Utah Constitution, Article VIII, Section 13, during the judge's current term and the
immediately preceding term, and a detailed summary of the supporting reasons for each
violation of the Code of Judicial Conduct that the judge has received;
(10)
an explanation of ballot marking procedures prepared by the lieutenant governor,
indicating the ballot marking procedure used by each county and explaining how to
mark the ballot for each procedure;
(11)
voter registration information, including information on how to obtain a ballot;
(12)
a list of all county clerks' offices and phone numbers;
(13)
the address of the Statewide Electronic Voter Information Website, with a statement
indicating that the election officer will post on the website any changes to the location of
a polling place and the location of any additional polling place;
(14)
a phone number that a voter may call to obtain information regarding the location of a
polling place; and
(15)
on the back cover page, a printed copy of the following statement signed by the lieutenant
governor:
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
correct according to law.
SEAL
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
of ____ (month), ____ (year)
(signed) ____________________________________
Lieutenant Governor".
Section 4. Section
20A-11-1202
is amended to read:
20A-11-1202
. Definitions.
As used in this part:
(1)
"Applicable election officer" means:
(a)
a county clerk, if the email relates only to a local election; or
(b)
the lieutenant governor, if the email relates to an election other than a local election.
(2)
"Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
retention questions, opinion questions, bond approvals, or other questions submitted to
the voters for their approval or rejection.
(3)
"Billboard" means a freestanding outdoor sign used for advertising to, or
communicating with, the general public.
(4)
"Campaign contribution" means any of the following when done for a political purpose
or to advocate for or against a ballot proposition:
(a)
a gift, subscription, donation, loan, advance, deposit of money, or anything of value
given to a filing entity;
(b)
an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or
anything of value to a filing entity;
(c)
any transfer of funds from another reporting entity to a filing entity;
(d)
compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(e)
remuneration from:
(i)
any organization or the organization's directly affiliated organization that has a
registered lobbyist; or
(ii)
any agency or subdivision of the state, including a school district; or
(f)
an in-kind contribution.
(5)
(a)
"Commercial interlocal cooperation agency" means an interlocal cooperation
agency that receives
its
the agency's
revenues from conduct of
its
the agency's

commercial operations.
(b)
"Commercial interlocal cooperation agency" does not mean an interlocal cooperation
agency that receives some or all of its revenues from:
(i)
government appropriations;
(ii)
taxes;
(iii)
government fees imposed for regulatory or revenue raising purposes; or
(iv)
interest earned on public funds or other returns on investment of public funds.
(6)
"Expenditure" means:
(a)
a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
anything of value;
(b)
an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
anything of value;
(c)
a transfer of funds between a public entity and a candidate's personal campaign
committee;
(d)
a transfer of funds between a public entity and a political issues committee; or
(e)
goods or services provided to or for the benefit of a candidate, a candidate's personal
campaign committee, or a political issues committee for political purposes at less
than fair market value.
(7)
"Filing entity" means the same as that term is defined in Section
20A-11-101
.
(8)
"Governmental interlocal cooperation agency" means an interlocal cooperation agency
that receives some or all of its revenues from:
(a)
government appropriations;
(b)
taxes;
(c)
government fees imposed for regulatory or revenue raising purposes; or
(d)
interest earned on public funds or other returns on investment of public funds.
(9)
"Influence" means to campaign or advocate for or against a ballot proposition.
(10)
"Interlocal cooperation agency" means an entity created by interlocal agreement under
the authority of
Title 11, Chapter 13, Interlocal Cooperation Act
.
(11)
"Mass communication" means any printed communication that:
(a)
contains identical or substantially similar content; and
(b)
is mailed to more than 500 recipients in a calendar year, regardless of whether the
mailing occurs simultaneously or at different times during the calendar year.
(12)
"Political purposes" means an act done with the intent or in a way to influence or
intend to influence, directly or indirectly, any person to refrain from voting or to vote for
or against any:
(a)
candidate for public office at any caucus, political convention, primary, or election; or
(b)
judge standing for retention at any election.
(13)
"Proposed initiative" means an initiative proposed in an application filed under Section
20A-7-202
or
20A-7-502
.
(14)
"Proposed referendum" means a referendum proposed in an application filed under
Section
20A-7-302
or
,

20A-7-602
, or
78A-1-203
.
(15)
(a)
"Public entity" includes the state, each state agency, each county, municipality,
school district, special district, governmental interlocal cooperation agency, and each
administrative subunit of each of them.
(b)
"Public entity" does not include a commercial interlocal cooperation agency.
(c)
"Public entity" includes local health departments created under
Title 26A, Local
Health Authorities
.
(16)
(a)
"Public funds" means any money received by a public entity from
appropriations, taxes, fees, interest, or other returns on investment.
(b)
"Public funds" does not include money donated to a public entity by a person or
entity.
(17)
(a)
"Public official" means an elected or appointed member of government with
authority to make or determine public policy.
(b)
"Public official" includes the person or group that:
(i)
has supervisory authority over the personnel and affairs of a public entity; and
(ii)
approves the expenditure of funds for the public entity.
(18)
"Reporting entity" means the same as that term is defined in Section
20A-11-101
.
(19)
(a)
"Special district" means an entity under
Title 17B, Limited Purpose Local
Government Entities - Special Districts
.
(b)
"Special district" includes a special service district under
Title 17D, Chapter 1,
Special Service District Act
.
(20)
(a)
"State agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority,
laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(b)
"State agency" includes the legislative branch, the Utah Board of Higher Education,
each institution of higher education board of trustees, and each higher education
institution.
Section 5. Section
78A-1-201
is enacted to read:
2. Statewide Referendum on Supreme Court Opinion
78A-1-201
. Definitions for part.
As used in this part:
(1)
"Legal voter" means an individual who is registered to vote in Utah.
(2)
"Opinion by the Supreme Court" means a decision by the Supreme Court holding that a
state law is unconstitutional.
(3)
"Referendum" means a process by which an opinion by the Supreme Court is submitted
or referred to the voters for the voters' approval or rejection of the Supreme Court's
determination that a state law is unconstitutional.
(4)
"Referendum application" means an application described in Subsection
78A-1-202(7)

that includes all the information, statements, documents, and notarized signatures
required under Subsection
78A-1-202(7)
.
(5)
"Referendum packet" means a copy of the referendum petition, a copy of the opinion by
the Supreme Court being submitted or referred to the voters for the voters' approval or
rejection, and no more than 50 signature sheets, all of which have been bound together
as a unit in a manner that may be conveniently opened for signing.
(6)
"Referendum petition" means the form described in Subsection
78A-1-203(1)

petitioning for submission of an opinion by the Supreme Court to the legal voters for the
voters' approval or rejection.
(7)
"Signature" means:
(a)
a holographic signature collected physically on a signature sheet described in Section
78A-1-203
;
(b)
as it relates to an individual who, due to a qualifying disability under the Americans
with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
name consistently, the initials "AV," indicating that the voter's identity will be
verified by an alternate verification process described in Section
20A-7-106
; and
(c)
does not include an electronic signature.
(8)
"Sponsors" means the legal voters who support the referendum and who sign the
referendum application.
(9)
"State law" means a state statute, a provision of the Utah Constitution, or any action of
the Legislature.
Section 6. Section
78A-1-202
is enacted to read:
78A-1-202
. Referendum process -- Signature requirements.
(1)
An opinion by the Supreme Court is subject to a referendum in accordance with this
part.
(2)
An individual seeking to have an opinion by the Supreme Court submitted to a vote of
the people, after filing a referendum application, shall obtain:
(a)
legal signatures equal to 8% of the number of active voters in the state on January 1
immediately following the last regular general election; and
(b)
from at least 15 Senate districts, legal signatures equal to 8% of the number of active
voters in that Senate district on January 1 immediately following the last regular
general election.
(3)
When the lieutenant governor declares that a referendum petition is signed by a
sufficient number of voters to meet the requirements of Subsection
(2)
, the governor
shall issue an executive order that:
(a)
directs that the referendum be submitted to the voters at the next regular general
election; or
(b)
calls a special election according to the requirements of Section
20A-1-203
and
directs that the referendum be submitted to the voters at that special election.
(4)
When the lieutenant governor declares that a referendum petition is signed by a
sufficient number of voters, the opinion by the Supreme Court that is the subject of the
petition does not take effect unless and until the opinion by the Supreme Court is
approved by a vote of the people at a regular general election or a statewide special
election.
(5)
The lieutenant governor shall provide the following information to any interested person:
(a)
the number of active voters in the state on January 1 immediately following the last
regular general election; and
(b)
for each county, the number of active voters in that Senate district on January 1
immediately following the last regular general election.
(6)
An individual wishing to circulate a referendum petition shall file a referendum
application with the lieutenant governor no later than 5 p.m. on the first business day
that is at least five calendar days after the day on which the opinion by the Supreme
Court is issued.
(7)
The referendum application shall include:
(a)
the name and residence address of at least five sponsors of the referendum petition;
(b)
a statement indicating that each of the sponsors is registered to vote in Utah;
(c)
a statement indicating whether persons gathering signatures for the referendum
petition may be paid for gathering signatures;
(d)
the signature of each of the sponsors, attested to by a notary public; and
(e)
a copy of the opinion by the Supreme Court that is the subject of the proposed
referendum.
Section 7. Section
78A-1-203
is enacted to read:
78A-1-203
. Referendum petition and packet.
(1)
(a)
Each proposed referendum petition shall be printed in substantially the following
form:
"REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully order that (the case name and
number for the opinion by the Supreme Court), issued by the Supreme Court of the
state of Utah on (the date on which the opinion by the Supreme Court was issued), be
referred to the people of Utah for their approval or rejection at a regular general
election or a statewide special election;
Each signer says:
I have personally signed this referendum petition or, if I am an individual with a
qualifying disability, I have signed this referendum petition by directing the signature
gatherer to enter the initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the
referendum petition;
I have personally read the entire statement included with this referendum packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name."
(b)
The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
opinion by the Supreme Court that is the subject of the referendum to each
referendum petition.
(2)
Each referendum signature sheet shall comply with the requirements described in
Section
20A-7-303
, except that the requirement described in Subsection
20A-7-303(3)(d)(xx)
shall contain the following words, "By signing this referendum
petition, you are stating that you have read and understand the opinion by the Supreme
Court that this referendum petition seeks to overturn."
(3)
The final page of each referendum packet shall contain the following printed or typed
statement:
"Verification of signature collector
State of Utah, County of ____ I, _______________, of ____, hereby state, under
penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this referendum packet were signed by individuals who
professed to be the individuals whose names appear in it, and each of the individuals
signed the individual's name on it in my presence or, in the case of an individual with a
qualifying disability, I have signed this referendum petition on the individual's behalf, at
the direction of the individual and in the individual's presence, by entering the initials
"AV" as the individual's signature;
I certify that, for each individual whose signature is represented in this referendum
packet by the initials "AV":
I obtained the individual's voluntary direction or consent to sign the referendum
petition on the individual's behalf;
I do not believe, or have reason to believe, that the individual lacked the mental
capacity to give direction or consent;
I do not believe, or have reason to believe, that the individual did not understand the
purpose or nature of my signing the referendum petition on the individual's behalf;
I did not intentionally or knowingly deceive the individual into directing me to, or
consenting for me to, sign the referendum petition on the individual's behalf;
I did not intentionally or knowingly enter false information on the signature sheet; and
I did not knowingly make a misrepresentation of fact concerning the opinion by the
Supreme Court this petition seeks to overturn;
I believe that each individual's name, post office address, and residence is written
correctly, that each signer has read the opinion by the Supreme Court that the
referendum seeks to overturn, and that each signer is registered to vote in Utah;
The correct date of signature appears next to each individual's name; and
I have not paid or given anything of value to any individual who signed this
referendum packet to encourage that individual to sign it.

________________________________________________________________________
(Name) (Residence Address) (Date)".
(4)
If the forms described in Subsection
(1)
and
(3)
are substantially followed, the
referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
(5)
The sponsors of the referendum petition shall:
(a)
arrange and pay for the printing of all documents that are part of the referendum
packets; and
(b)
ensure that the referendum packets and the documents described in Subsection
(5)(a)

meet the form requirements of this section.
(6)
(a)
The sponsors or an agent of the sponsors may prepare the referendum packets for
circulation by creating multiple referendum packets.
(b)
A referendum packet is not required to have a uniform number of signature sheets.
(7)
Upon the filing of a referendum application, the lieutenant governor shall post the
following information together in a conspicuous place on the lieutenant governor's
website:
(a)
the referendum petition;
(b)
a copy of the opinion by the Supreme Court that is the subject of the referendum
petition; and
(c)
information describing how an individual may remove the individual's signature
from the referendum petition.
(8)
The lieutenant governor shall:
(a)
promptly update the information described in Subsection
(7)
if the information
changes; and
(b)
maintain the information described in Subsection
(7)
on the lieutenant governor's
website until the referendum fails to qualify for the ballot or is passed or defeated at
an election.
Section 8. Section
78A-1-204
is enacted to read:
78A-1-204
. Evaluation by lieutenant governor -- Stay of the opinion by the
Supreme Court.
(1)
The lieutenant governor:
(a)
except as provided in Subsection
(1)(b)
, shall declare the referendum petition to be
sufficient or insufficient 106 calendar days after the day on which the opinion by the
Supreme Court is issued; or
(b)
may declare the referendum petition to be insufficient before the day described in
Subsection
(1)(a)
if:
(i)
the total of all valid signatures on timely and lawfully submitted referendum
packets that have been certified by the county clerks, plus the number of
signatures on timely and lawfully submitted referendum packets that have not yet
been evaluated for certification, is less than the number of names required under
Section
78A-1-202
; or
(ii)
a requirement of this part has not been met.
(2)
If the total number of names certified under Subsection
(1)
equals or exceeds the
number of names required under Section
78A-1-202
, and the requirements of this part
are met, the lieutenant governor shall mark upon the front of the referendum petition the
word "sufficient."
(3)
If the total number of names certified under Subsection
(1)
does not equal or exceed the
number of names required under Section
78A-1-202
or a requirement of this part is not
met, the lieutenant governor shall mark upon the front of the referendum petition the
word "insufficient."
(4)
The lieutenant governor shall immediately notify any one of the sponsors of the
lieutenant governor's finding.
(5)
After a referendum petition is declared insufficient, an individual may not submit
additional signatures to qualify the referendum for the ballot.
(6)
If, at the time during the counting period described in this section, the lieutenant
governor determines that, at that point in time, an adequate number of signatures is
certified to comply with the signature requirements, the lieutenant governor shall:
(a)
issue an order temporarily staying the opinion by the Supreme Court from going into
effect; and
(b)
continue the process of certifying signatures and removing signatures as required by
this part.
(7)
The temporary stay described in Subsection
(6)
remains in effect, regardless of whether
a future count falls below the signature threshold, until:
(a)
if the lieutenant governor declares the referendum petition sufficient, the day on
which governor issues the proclamation described in Section
78A-1-207
; or
(b)
if the lieutenant governor declares the referendum petition insufficient, five calendar
days after the day on which the lieutenant governor declares the referendum petition
insufficient.
Section 9. Section
78A-1-205
is enacted to read:
78A-1-205
. Numbering of ballot proposition -- Duties of lieutenant governor and
Office of Legislative Research and General Counsel.
(1)
Whenever a referendum petition is declared sufficient for submission to a vote of the
people, the lieutenant governor shall deliver a copy of the referendum petition and the
opinion by the Supreme Court to which the referendum relates to the Office of
Legislative Research and General Counsel.
(2)
The Office of Legislative Research and General Counsel shall:
(a)
entitle a referendum that qualifies for the ballot "Proposition Number __" and assign
a number to the referendum in accordance with Section
20A-6-107
;
(b)
prepare for the referendum:
(i)
an impartial short title, not exceeding 25 words, that generally describes the
opinion by the Supreme Court to which the referendum relates; and
(ii)
an impartial summary of the opinion by the Supreme Court to which the
referendum relates, not exceeding 125 words; and
(iii)
submit the short title and summary to the lieutenant governor within 15 calendar
days after the day on which the Office of Legislative Research and General
Counsel receives the petition under Subsection
(1)
.
(3)
Subject to Subjection (4), the official ballot shall show, in the following order:
(a)
the number of the referendum, determined in accordance with Section
20A-6-107
;
(b)
the short title; and
(c)
except as provided in Subsection
(
3):
(i)
the summary;
(ii)
a copy of the opinion by the Supreme Court; and
(iii)
a link to a location on the lieutenant governor's website where a voter may
review additional information relating to the referendum, including the
information described in Subsection
78A-1-202(7)
and the arguments relating to
the referendum that are included in the voter information pamphlet.
(4)
Unless the information described in Subsection
(3)(c)(iii)
is shown 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 referendum on the ballot and a link to a
location on the lieutenant governor's website where a voter may review the additional
information described in Subsection
(3)(c)(iii)
.
(5)
Immediately after the Office of Legislative Research and General Counsel submits the
short title and summary to the lieutenant governor, the lieutenant governor shall mail or
email a copy of the short title and summary to any of the sponsors of the referendum
petition.
(6)
(a)
At least three of the sponsors of the referendum petition may, within 15 days after
the day on which the lieutenant governor sends the short title and summary,
challenge the wording of the short title and summary prepared by the Office of
Legislative Research and General Counsel to the appropriate court.
(b)
After receipt of the appeal, the court shall direct the lieutenant governor to send
notice of the appeal to:
(i)
any person or group that has filed an argument for or against the opinion by the
Supreme Court to which the referendum relates; and
(ii)
any political issues committee established under Section
20A-11-801
that has
filed written or electronic notice with the lieutenant governor that identifies the
name, mailing or email address, and telephone number of the person designated to
receive notice about any issues relating to the referendum.
(7)
(a)
There is a presumption that the short title prepared by the Office of Legislative
Research and General Counsel is an impartial description of the contents of the
referendum.
(b)
The court may not revise the wording of the short title unless the plaintiffs rebut the
presumption by clearly and convincingly establishing that the short title is false or
biased.
(c)
There is a presumption that the summary prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the opinion
by the Supreme Court to which the referendum relates.
(d)
The court may not revise the wording of the summary unless the plaintiffs rebut the
presumption by clearly and convincingly establishing that the summary is false or
biased.
(e)
The court shall:
(i)
examine the short title and summary;
(ii)
hear arguments; and
(iii)
enter an order consistent with the requirements of this section.
(f)
The lieutenant governor shall, in accordance with the court's order, certify the short
title and summary to the county clerks for inclusion in the ballot or ballot proposition
insert, as required by this section.
Section 10. Section
78A-1-206
is enacted to read:
78A-1-206
. Form of ballot -- Manner of voting.
(1)
A county clerk shall ensure that the number and ballot title certified by the lieutenant
governor for a referendum are presented upon the official ballot with, immediately
adjacent to the number and ballot title, the words "For" and "Against," each word
presented with an adjacent square in which a voter may indicate the voter's vote.
(2)
A voter desiring to vote in favor of the opinion by the Supreme Court that is the subject
of the referendum shall mark the square adjacent to the word "For."
(3)
The opinion by the Supreme Court that is the subject of the referendum takes effect if a
majority of voters mark "For."
(4)
A voter desiring to vote against the opinion by the Supreme Court that is the subject of
the referendum shall mark the square adjacent to the word "Against."
(5)
The opinion by the Supreme Court that is the subject of the referendum does not take
effect if a majority of voters mark "Against."
Section 11. Section
78A-1-207
is enacted to read:
78A-1-207
. Return and canvass -- Conflicting measures.
(1)
The votes on the opinion by the Supreme Court that is the subject of the referendum
petition shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4,
Part 3, Canvassing Returns.
(2)
After the state board of canvassers completes the board's canvass, the lieutenant
governor shall certify to the governor the votes for and against the opinion by the
Supreme Court that is the subject of the referendum petition.
(3)
The governor shall immediately issue a proclamation that:
(a)
gives the total number of votes cast in the state for and against the opinion by the
Supreme Court that is the subject of a referendum petition; and
(b)
declares the opinion by the Supreme Court that is the subject of a referendum
petition that is approved by majority vote to be in effect as the law of Utah.
(4)
An opinion by the Supreme Court submitted to the people by referendum that is
approved by the voters at an election takes effect immediately upon the official
proclamation of the vote by the governor.
Section 12. Section
78A-1-208
is enacted to read:
78A-1-208
. Misconduct of electors and officers -- Penalty.
(1)
It is unlawful for an individual to:
(a)
sign any name other than the individual's own to a referendum petition;
(b)
knowingly sign the individual's name more than once for the same referendum
petition at one election;
(c)
knowingly indicate that an individual who signed a referendum petition signed the
referendum petition on a date other than the date that the individual signed the
referendum petition;
(d)
sign a referendum petition knowing the individual is not a legal voter; or
(e)
knowingly and willfully violate any provision of this part.
(2)
It is unlawful for an individual to sign the verification for a referendum packet knowing
that:
(a)
the signature date associated with the individual's signature for the referendum
petition is not the date that the individual signed the referendum petition;
(b)
the individual has not witnessed the signatures of those individuals whose signatures
the individual collects or submits; or
(c)
one or more individuals who sign the referendum petition are not registered to vote
in Utah.
(3)
It is unlawful for an individual to:
(a)
pay an individual to sign a referendum petition;
(b)
pay an individual to remove the individual's signature from a referendum petition;
(c)
accept payment to sign a referendum petition;
(d)
accept payment to have the individual's name removed from a referendum petition; or
(e)
on behalf of a voter described in Section
20A-7-106
, place the initials "AV" or enter
any information on a signature sheet or statement described in Section
20A-7-106
, if
the individual:
(i)
does not obtain the voluntary direction or consent of the voter;
(ii)
believes or has reason to believe that the voter lacks the mental capacity to give
the voter's direction or consent;
(iii)
believes or has reason to believe that the voter does not understand the purpose
or nature of the action taken by the individual on behalf of the voter;
(iv)
intentionally or knowingly deceives the voter into providing the direction or
consent of the voter; or
(v)
intentionally or knowingly enters false information on the signature sheet or
statement.
(4)
Any individual violating this section is guilty of a class A misdemeanor.
Section 13.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-26-26 8:45 AM