20A-7-402. Local voter information pamphlet -- 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 meets the requirements of this part.
(2) (a) The arguments for and against a ballot proposition shall conform to the requirements of this section.
(i) To prepare arguments for or against a ballot proposition, a person shall file a request with the local legislative body at least 65 days before the election at which the ballot proposition is to be voted upon.
(ii) If more than one person requests the opportunity to prepare arguments for or against a ballot proposition, the governing body shall make the final designation according to the following criteria:
(A) sponsors have priority in preparing an argument regarding a ballot proposition; and
(B) members of the local legislative body have priority over others.
(iii) (A) Except as provided by Subsection (2)(a)(iv), a sponsor of a ballot proposition may prepare an argument in favor of the ballot proposition.
(B) Except as provided by Subsection (2)(a)(iv), a person opposed to the ballot proposition who submits a request under Subsection (2)(a)(i) may prepare an argument against the ballot proposition.
(iv) (A) For a referendum, a person who is in favor of a law that is referred to the voters and who submits a request under Subsection (2)(a)(i) may prepare an argument for adoption of the law.
(B) The sponsors of a referendum may prepare an argument against the adoption of a law that is referred to the voters.
(v) The arguments may not:
(A) exceed 500 words in length; or
(B) list more than five names as sponsors.
(vi) The arguments supporting and opposing any county or municipal ballot proposition shall be filed with the local clerk not less than 50 days before the election at which they are to be voted upon.
(b) The local voter information pamphlet shall include a copy of the initial fiscal impact estimate prepared for each initiative under Section 20A-7-502.5.
(3) (a) In preparing the local voter information pamphlet, the local legislative body shall:
(i) ensure that the 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 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) ensure that the local clerk distributes either the pamphlets or the notice described in Subsection (3)(c) either by mail or carrier not less than 15 days but not more than 45 days before the election at which the ballot propositions are to be voted upon.
(b) (i) If the proposed measure exceeds 500 words in length, the local legislative body may direct the local clerk to summarize the measure 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 local legislative body 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 (3)(c)(i) shall include:
(A) the address of the Statewide Electronic Voter Information Website authorized by Section20A-7-801; and
(B) the phone number a voter may call to request delivery of a voter information pamphlet by mail or carrier
20A-7-701. Voter information pamphlet to be prepared.
(1) The lieutenant governor shall cause to be printed a voter information pamphlet designed to inform the voters of the state of the content, effect, operation, fiscal impact, and the supporting and opposing arguments of any measure submitted to the voters by the Legislature or by a statewide initiative or referendum petition.
(2) The pamphlet shall also include a separate section prepared, analyzed, and submitted by the Judicial Council describing the judicial selection and retention process.
(3) The lieutenant governor shall cause to be printed as many voter information pamphlets as needed to comply with the provisions of this chapter.
(4) Voter information pamphlets prepared in association with a local initiative or a local referendum shall be prepared in accordance with the procedures and requirements of Section20A-7-402.
20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
(1) The lieutenant governor shall ensure that all information submitted for publication in the voter information pamphlet is:
(a) printed and bound in a single pamphlet;
(b) printed in clear readable type, no less than 10 point, except that the text of any measure may be set forth in eight-point type; and
(c) printed on a quality and weight of paper that best serves the voters.
(2) The voter information pamphlet shall contain the following items in this order:
(a) a cover title page;
(b) an introduction to the pamphlet by the lieutenant governor;
(c) a table of contents;
(d) a list of all candidates for constitutional offices;
(e) a list of candidates for each legislative district;
(f) 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 date that falls 105 days before the date of the election;
(g) 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:
(i) a copy of the number and ballot title of the measure;
(ii) the final vote cast by the Legislature on the measure if it is a measure submitted by the Legislature or by referendum;
(iii) the impartial analysis of the measure prepared by the Office of Legislative Research and General Counsel;
(iv) 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;
(v) 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;
(vi) for each initiative qualified for the ballot, a copy of the measure as certified by the lieutenant governor and a copy of the fiscal impact estimate prepared according to Section20A-7-202.5; and
(vii) for each referendum qualified for the ballot, a complete copy of the text of the law being submitted to the voters for their approval or rejection, with all new language underlined and all deleted language placed within brackets, as applicable;
(h) a description provided by the Judicial Performance Evaluation Commission of the selection and retention process for judges, including, in the following order:
(i) a description of the judicial selection process;
(ii) a description of the judicial performance evaluation process;
(iii) a description of the judicial retention election process;
(iv) a list of the criteria of the judicial performance evaluation and the minimum performance standards;
(v) the names of the judges standing for retention election; and
(vi) for each judge:
(A) a list of the counties in which the judge is subject to retention election;
(B) a short biography of professional qualifications and a recent photograph;
(C) a narrative concerning the judge's performance;
(D) for each standard of performance, a statement identifying whether or not the judge met the standard and, if not, the manner in which the judge failed to meet the standard;
(E) a statement identifying whether or not the Judicial Performance Evaluation Commission recommends the judge be retained or declines to make a recommendation and the number of votes for and against the commission's recommendation;
(F) any statement provided by a judge who is not recommended for retention by the Judicial Performance Evaluation Commission under Section 78A-12-203;
(G) 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
(H) a website address that contains the Judicial Performance Evaluation Commission's report on the judge's performance evaluation;
(i) 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;
(j) 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;
(k) voter registration information, including information on how to obtain an absentee ballot;
(l) a list of all county clerks' offices and phone numbers; and
(m) 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"
(3) No earlier than 75 days, and no later than 15 days, before the day on which voting commences, the lieutenant governor shall:
(a) (i) distribute one copy of the voter information pamphlet to each household within the state;
(ii) distribute to each household within the state a notice:
(A) printed on a postage prepaid, preaddressed return form that a person may use to request delivery of a voter information pamphlet by mail;
(B) that states the address of the Statewide Electronic Voter Information Website authorized by Section 20A-7-801; and
(C) that states the phone number a voter may call to request delivery of a voter information pamphlet by mail; or
(iii) ensure that one copy of the voter information pamphlet is placed in one issue of every newspaper of general circulation in the state;
(b) ensure that a sufficient number of printed voter information pamphlets are available for distribution as required by this section;
(c) provide voter information pamphlets to each county clerk for free distribution upon request and for placement at polling places; and
(d) ensure that the distribution of the voter information pamphlets is completed 15 days before the election.
(4) The lieutenant governor may distribute a voter information pamphlet at a location frequented by a person who cannot easily access the Statewide Electronic Voter Information Website authorized by Section 20A-7-801.
(5) The lieutenant governor shall:
(a) conduct a study to evaluate the effectiveness of the notice authorized by this section; and
(b) provide the results of a study described in Subsection (5)(a) to the Government Operations Interim Committee by October 1, 2013.
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