HB 600

02-26 08:45  H.B. 600
1Utah Supreme Court Referendum Amendments
                                        2026 GENERAL SESSION
                                              STATE OF UTAH
                                   Chief Sponsor: Matt MacPherson
                                               Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill creates a referendum process for an opinion by the Utah Supreme Court.
6   Highlighted Provisions:
7This bill:
8▸ defines terms related to a referendum;
9▸ creates a process by which an opinion by the Supreme Court is submitted or referred to
10   the voters of Utah for their approval or rejection of the Supreme Court's determination
11   that a state law is unconstitutional; and
12▸ makes technical and conforming changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
18   AMENDS:
1920A-1-1001, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
2020A-7-105, as last amended by Laws of Utah 2025, Chapter 448
2120A-7-702, as last amended by Laws of Utah 2024, Chapter 465
2220A-11-1202, as last amended by Laws of Utah 2025, Chapter 96
23   ENACTS:
                                                                                                       H.B. 600
2478A-1-201, Utah Code Annotated 1953
2578A-1-202, Utah Code Annotated 1953
2678A-1-203, Utah Code Annotated 1953
2778A-1-204, Utah Code Annotated 1953
2878A-1-205, Utah Code Annotated 1953
2978A-1-206, Utah Code Annotated 1953
3078A-1-207, Utah Code Annotated 1953
H.B. 600  02-26 08:45
31      78A-1-208, Utah Code Annotated 1953
32
33  Be it enacted by the Legislature of the state of Utah:
34Section 1. Section 20A-1-1001 is amended to read:
3520A-1-1001 . Definitions.
36     As used in this part:
37  (1)(a) "Clerk" means the lieutenant governor, a county clerk, municipal clerk, town
38      clerk, city recorder, or municipal recorder.
39      (b) "Clerk" includes a board of trustees under Title 17B, Chapter 1, Provisions
40Applicable to All Special Districts.
41  (2) "Local petition" means:
42      (a) a manual or electronic local initiative petition described in Chapter 7, Part 5, Local
43Initiatives - Procedures; or
44      (b) a manual or electronic local referendum petition described in Chapter 7, Part 6, Local
45Referenda - Procedures.
46  (3) "Petition" means one of the following written requests, signed by registered voters,
47      appealing to an authority with respect to a particular cause:
48      (a) a local petition;
49      (b) a petition to consolidate two or more municipalities under Section 10-2-601;
50      (c) a petition for disincorporation of a municipality under Section 10-2-701;
51      (d) a petition to incorporate a proposed municipality under Section 10-2a-208;
52      (e) a petition to consolidate adjoining counties under Section 17-61-201;
53      (f) a petition to annex a portion of a county to an adjoining county under Section
5417-61-301;
55      (g) a petition for the creation of a new county under Section 17-61-401;
56      (h) a petition for the removal of a county seat under Section 17-60-302;
57      (i) a petition for the adoption of an optional plan under Section 17-62-303;
58      (j) a petition for the repeal of an optional plan under Section 17-62-505;
59      (k) a petition to create a special district under Section 17B-1-203;
60      (l) a petition to withdraw an area from a special district under Section 17B-1-504;
61      (m) a petition to dissolve a special district under Section 17B-1-1303;
62      (n) a petition for issuance of local building authority bonds under Section 17D-2-502;
63      (o) a petition to become a registered political party under Section 20A-8-103;
64      (p) a nomination petition for municipal office under Section 20A-9-203;
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65(q) a nomination petition for a regular primary election under Subsection
6620A-9-403(3)(a) and Section 20A-9-405;
67(r) a petition for a political party to qualify as a municipal political party under Section
6820A-9-404;
69(s) a petition for the nomination of a qualified political party under Section 20A-9-408;
70(t) a nomination petition for a candidate not affiliated with a political party under
71Section 20A-9-502;
72(u) a nomination petition to become a delegate to a ratification convention under Section
7320A-15-103;
74(v) a petition to create a new school district under Section 53G-3-301;
75(w) a petition to consolidate school districts under Section 53G-3-401;
76(x) a petition to transfer a portion of a school district to another district under Section
7753G-3-501;
78(y) a petition to determine whether a privatization project agreement should be approved
79under Section 73-10d-4; or
80(z) a statewide petition.
81   (4) "Statewide petition" means:
82(a) a manual or electronic statewide initiative petition described in Chapter 7, Part 2,
83Statewide Initiatives; [or]
84(b) a manual or electronic statewide referendum petition described in Chapter 7, Part 3,
85Statewide Referenda[.] ; or
86(c) a statewide referendum petition described in Title 78A, Chapter 1, Part 2, Statewide
87Referendum on Supreme Court Opinion.
88   (5)(a) "Substantially similar name" means:
89(i) the given name, the surname, or both, provided by the individual with the
90individual's petition signature, contain only minor spelling differences when
91compared to the given name and surname shown on the official register;
92(ii) the surname provided by the individual with the individual's petition signature
93exactly matches the surname shown on the official register, and the given names
94differ only because one of the given names shown is a commonly used
95abbreviation or variation of the other;
96(iii) the surname provided by the individual with the individual's petition signature
97exactly matches the surname shown on the official register, and the given names
98differ only because one of the given names shown is accompanied by a first or
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99middle initial or a middle name which is not shown on the other record; or
100(iv) the surname provided by the individual with the individual's petition signature
101exactly matches the surname shown on the official register, and the given names
102differ only because one of the given names shown is an alphabetically
103corresponding initial that has been provided in the place of a given name shown
104on the other record.
105      (b) "Substantially similar name" does not include a name having an initial or a middle
106name provided by the individual with the individual's petition signature that does not
107match a different initial or middle name shown on the official register.
108Section 2. Section 20A-7-105 is amended to read:
10920A-7-105 . Manual petition processes -- Obtaining signatures -- Verification --
110  Submitting the petition -- Certification of signatures -- Transfer to lieutenant governor --
111  Removal of signature.
112  (1) This section applies only to the manual initiative process and the manual referendum
113      process.
114  (2) As used in this section:
115      (a) "Local petition" means:
116(i) a manual local initiative petition described in Part 5, Local Initiatives - Procedures;
117or
118(ii) a manual local referendum petition described in Part 6, Local Referenda -
119Procedures.
120      (b) "Packet" means an initiative packet or referendum packet.
121      (c) "Petition" means a local petition or statewide petition.
122      (d) "Statewide petition" means:
123(i) a manual statewide initiative petition described in Part 2, Statewide Initiatives; [or]
124(ii) a manual statewide referendum petition described in Part 3, Statewide Referenda[.] ;
125or
126(iii) a statewide referendum petition described in Title 78A, Chapter 1, Part 2,
127Statewide Referendum on Supreme Court Opinion.
128  (3)(a) A Utah voter may sign a statewide petition if the voter is a legal voter.
129      (b) A Utah voter may sign a local petition if the voter:
130(i) is a legal voter; and
131(ii) resides in the local jurisdiction.
132  (4)(a) The sponsors shall ensure that the individual in whose presence each signature
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133sheet was signed:
134(i) is at least 18 years old;
135(ii) verifies each signature sheet by completing the verification printed on the last
136page of each packet; and
137(iii) is informed that each signer is required to read and understand:
138(A) for an initiative petition, the law proposed by the initiative; or
139(B) for a referendum petition, the law that the referendum seeks to overturn.
140(b) An individual may not sign the verification printed on the last page of a packet if the
141individual signed a signature sheet in the packet.
142   (5)(a) The sponsors, or an agent of the sponsors, shall submit a signed and verified
143packet to the county clerk of the county in which the packet was circulated before 5
144p.m. no later than the earlier of:
145(i) for a statewide initiative:
146(A) the first business day that is at least 30 calendar days after the day on which
147the first individual signs the initiative packet;
148(B) the last business day that is no more than 316 calendar days after the day on
149which the application for the initiative petition is filed; or
150(C) the February 15 immediately before the next regular general election
151immediately after the application is filed under Section 20A-7-202;
152(ii) for a statewide referendum:
153(A) the first business day that is at least 30 calendar days after the day on which
154the first individual signs the referendum packet; or
155(B) the first business day that is at least 40 calendar days after the day on which
156the legislative session at which the law passed ends;
157(iii) for a local initiative:
158(A) the first business day that is at least 30 calendar days after the day on which
159the first individual signs the initiative packet;
160(B) the last business day that is no more than 316 calendar days after the day on
161which the application is filed;
162(C) the April 15 immediately before the next regular general election immediately
163after the application is filed under Section 20A-7-502, if the local initiative is a
164county initiative; or
165(D) the April 15 immediately before the next municipal general election
166immediately after the application is filed under Section 20A-7-502, if the local
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167initiative is a municipal initiative; or
168(iv) for a local referendum:
169(A) the first business day that is at least 30 calendar days after the day on which
170the first individual signs the referendum packet; or
171(B) the first business day that is at least 45 calendar days after the day on which
172the sponsors receive the items described in Subsection 20A-7-604(3) from the
173local clerk.
174      (b) A person may not submit a packet after the applicable deadline described in
175Subsection (5)(a).
176      (c) Before delivering an initiative packet to the county clerk under this Subsection (5),
177the sponsors shall send an email to each individual who provides a legible, valid
178email address on the signature sheet that includes the following:
179(i) the subject of the email shall include the following statement, "Notice Regarding
180Your Petition Signature"; and
181  (ii) the body of the email shall include the following statement in 12-point type:
182"You signed a petition for the following initiative:
183[insert title of initiative]
184To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
185      information on the deadline for removing your signature from the petition, please visit the
186      following link: [insert a uniform resource locator that takes the individual directly to the page
187      on the lieutenant governor's or county clerk's website that includes the information referred to
188      in the email]."
189      (d) For a statewide initiative, the sponsors shall, no later than 5 p.m. on the day on which
190the sponsors submit the last initiative packet to the county clerk, submit to the
191lieutenant governor:
192(i) a list containing:
193(A) the name and email address of each individual the sponsors sent, or caused to
194be sent, the email described in Subsection (5)(c); and
195(B) the date the email was sent;
196(ii) a copy of the email described in Subsection (5)(c); and
197  (iii) the following written verification, completed and signed by each of the sponsors:
198"Verification of initiative sponsor State of Utah, County of __________I, __________,
199      of __________, hereby state, under penalty of perjury, that:
200I am a sponsor of the initiative petition entitled ____________________; and
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201I sent, or caused to be sent, to each individual who provided a legible, valid email
202address on a signature sheet submitted to the county clerk in relation to the initiative petition,
203the email described in Utah Code Subsection 20A-7-105(5)(c).
204______________________________________________________________ __
205(Name)  (Residence Address)  (Date)".
206(e) For a local initiative, the sponsors shall, no later than 5 p.m. on the day on which the
207sponsors submit the last initiative packet to the local clerk, submit to the local clerk
208the items described in Subsection (5)(d).
209(f) Signatures gathered for an initiative petition are not valid if the sponsors do not
210comply with Subsection (5)(c), (d), or (e).
211   (6)(a) Within 21 calendar days after the day on which the county clerk receives the
212packet, the county clerk shall:
213(i) use the procedures described in Section 20A-1-1002, or 20A-7-106 if applicable,
214to determine whether each signer is a legal voter and, as applicable, the
215jurisdiction where the signer is registered to vote;
216(ii) for a statewide initiative or a statewide referendum:
217(A) certify on the petition whether each name is that of a legal voter;
218(B) post the name, voter identification number, and date of signature of each legal
219voter certified under Subsection (6)(a)(ii)(A) on the lieutenant governor's
220website, in a conspicuous location designated by the lieutenant governor; and
221(C) deliver the verified packet to the lieutenant governor;
222(iii) for a local initiative or a local referendum:
223(A) certify on the petition whether each name is that of a legal voter who is
224registered in the jurisdiction to which the initiative or referendum relates;
225(B) post the name, voter identification number, and date of signature of each legal
226voter certified under Subsection (6)(a)(iii)(A) on the lieutenant governor's
227website, in a conspicuous location designated by the lieutenant governor; and
228(C) deliver the verified packet to the local clerk.
229(b) For a local initiative or local referendum, the local clerk shall post a link in a
230conspicuous location on the local government's website to the posting described in
231Subsection (6)(a)(iii)(B):
232(i) for a local initiative, during the period of time described in Subsection
23320A-7-507(3)(a); or
234(ii) for a local referendum, during the period of time described in Subsection
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23520A-7-607(2)(a)(i).
236  (7) The county clerk may not certify a signature under Subsection (6):
237      (a) on a packet that is not verified in accordance with Subsection (4); or
238      (b) that does not have a date of signature next to the signature.
239  (8)(a) A voter who signs a statewide initiative petition may have the voter's signature
240      removed from the petition by, in accordance with Section 20A-1-1003, submitting to
241      the county clerk a statement requesting that the voter's signature be removed no later
242      than 5 p.m. the earlier of:
243(i) for an initiative packet received by the county clerk before December 1:
244(A) the first business day that is at least 30 calendar days after the day on which
245the voter signs the signature removal statement; or
246(B) the first business day that is at least 90 calendar days after the day on which
247the lieutenant governor posts the voter's name under Subsection 20A-7-207(2);
248or
249(ii) for an initiative packet received by the county clerk on or after December 1:
250(A) the first business day that is at least 30 calendar days after the day on which
251the voter signs the signature removal statement; or
252(B) the first business day that is at least 45 calendar days after the day on which
253the lieutenant governor posts the voter's name under Subsection 20A-7-207(2).
254      (b) A voter who signs a statewide referendum petition may have the voter's signature
255removed from the petition by, in accordance with Section 20A-1-1003, submitting to
256the county clerk a statement requesting that the voter's signature be removed no later
257than 5 p.m. the earlier of:
258(i) the first business day that is at least 30 calendar days after the day on which the
259voter signs the statement requesting removal; or
260(ii) the first business day that is at least 45 calendar days after the day on which the
261lieutenant governor posts the voter's name under Subsection 20A-7-307(2).
262      (c) A voter who signs a local initiative petition may have the voter's signature removed
263from the petition by, in accordance with Section 20A-1-1003, submitting to the
264county clerk a statement requesting that the voter's signature be removed no later than
2655 p.m. the earlier of:
266(i) the first business day that is at least 30 calendar days after the day on which the
267voter signs the signature removal statement;
268(ii) the first business day that is at least 90 calendar days after the day on which the
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269local clerk posts the voter's name under Subsection 20A-7-507(2);
270(iii) the last business day that is no more than 316 calendar days after the day on
271which the application is filed; or
272(iv)(A) for a county initiative, April 15 immediately before the next regular
273general election immediately after the application is filed under Section
27420A-7-502; or
275(B) for a municipal initiative, April 15 immediately before the next municipal
276general election immediately after the application is filed under Section
27720A-7-502.
278(d) A voter who signs a local referendum petition may have the voter's signature
279removed from the petition by, in accordance with Section 20A-1-1003, submitting to
280the county clerk a statement requesting that the voter's signature be removed no later
281than 5 p.m. the earlier of:
282(i) the first business day that is at least 30 calendar days after the day on which the
283voter signs the statement requesting removal; or
284(ii) the first business day that is at least 45 calendar days after the day on which the
285local clerk posts the voter's name under Subsection 20A-7-607(2)(a).
286(e) In order for the signature to be removed, the county clerk must receive the statement
287described in this Subsection (8) before 5 p.m. no later than the applicable deadline
288described in this Subsection (8).
289(f) A county clerk shall analyze a signature, for purposes of removing a signature from a
290petition, in accordance with Subsection 20A-1-1003(3).
291   (9)(a) If the county clerk timely receives a statement requesting signature removal under
292Subsection (8) and determines that the signature should be removed from the petition
293under Subsection 20A-1-1003(3), the county clerk shall:
294(i) ensure that the voter's name, voter identification number, and date of signature are
295not included in the posting described in Subsection (6)(a)(ii)(B) or (iii)(B); and
296(ii) remove the voter's signature from the signature packets and signature packet
297totals.
298(b) The county clerk shall comply with Subsection (9)(a) before the later of:
299(i) the deadline described in Subsection (6)(a); or
300(ii) two business days after the day on which the county clerk receives a statement
301requesting signature removal under Subsection (8).
302   (10) A person may not retrieve a packet from a county clerk, or make any alterations or
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303      corrections to a packet, after the packet is submitted to the county clerk.
304Section 3. Section 20A-7-702 is amended to read:
30520A-7-702 . Voter information pamphlet -- Form -- Contents.
306      The voter information pamphlet shall contain the following items in this order:
307  (1) a cover title page;
308  (2) an introduction to the pamphlet by the lieutenant governor;
309  (3) a table of contents;
310  (4) a list of all candidates for constitutional offices;
311  (5) a list of candidates for each legislative district;
312  (6) a 100-word statement of qualifications for each candidate for the office of governor,
313      lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
314      candidate to the lieutenant governor's office before 5 p.m. on the first business day in
315      August before the date of the election;
316  (7) information pertaining to all measures to be submitted to the voters, beginning a new
317      page for each measure and containing, in the following order for each measure:
318      (a) a copy of the number and ballot title of the measure;
319      (b) the final vote cast by the Legislature on the measure if it is a measure submitted by
320the Legislature or by referendum;
321      (c)(i) for a measure other than a measure described in Section 20A-7-103, the
322impartial analysis of the measure prepared by the Office of Legislative Research
323and General Counsel; or
324(ii) for a measure described in Section 20A-7-103, the analysis of the measure
325prepared by the presiding officers;
326      (d) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
327measure, the arguments against the measure, and the rebuttal to the arguments against
328the measure, with the name and title of the authors at the end of each argument or
329rebuttal;
330      (e) for each constitutional amendment, a complete copy of the text of the constitutional
331amendment, with all new language underlined, and all deleted language placed within
332brackets;
333      (f) for each initiative qualified for the ballot:
334(i) a copy of the initiative as certified by the lieutenant governor and a copy of the
335initial fiscal impact statement prepared according to Section 20A-7-202.5; and
336  (ii) if the initiative proposes a tax increase, the following statement in bold type:
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337"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
338percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
339increase in the current tax rate."; and
340(g) for each referendum qualified for the ballot, a complete copy of the text of the law or
341opinion by the Supreme Court being submitted to the voters for their approval or
342rejection, with all new language underlined and all deleted language placed within
343brackets[, as] if applicable;
344   (8) a description provided by the Judicial Performance Evaluation Commission of the
345selection and retention process for judges, including, in the following order:
346(a) a description of the judicial selection process;
347(b) a description of the judicial performance evaluation process;
348(c) a description of the judicial retention election process;
349(d) a list of the criteria of the judicial performance evaluation and the certification
350standards;
351(e) the names of the judges standing for retention election; and
352(f) for each judge:
353(i) a list of the counties in which the judge is subject to retention election;
354(ii) a short biography of professional qualifications and a recent photograph;
355(iii) a narrative concerning the judge's performance;
356(iv) for each certification standard under Section 78A-12-205, a statement identifying
357whether, under Section 78A-12-205, the judge met the standard and, if not, the
358manner in which the judge failed to meet the standard;
359(v) a statement that the Judicial Performance Evaluation Commission:
360(A) has determined that the judge meets or exceeds minimum performance
361standards;
362(B) has determined that the judge does not meet or exceed minimum performance
363standards; or
364(C) has not made a determination regarding whether the judge meets or exceeds
365minimum performance standards;
366(vi) any statement, described in Subsection 78A-12-206(3)(b), provided by a judge
367whom the Judicial Performance Evaluation Commission determines does not meet
368or exceed minimum performance standards;
369(vii) in a bar graph, the average of responses to each survey category, displayed with
370an identification of the minimum acceptable score as set by Section 78A-12-205
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371and the average score of all judges of the same court level; and
372(viii) a website address that contains the Judicial Performance Evaluation
373Commission's report on the judge's performance evaluation;
374  (9) for each judge, a statement provided by the Utah Supreme Court identifying the
375      cumulative number of informal reprimands, when consented to by the judge in
376      accordance with Title 78A, Chapter 11, Judicial Conduct Commission, formal
377      reprimands, and all orders of censure and suspension issued by the Utah Supreme Court
378      under Utah Constitution, Article VIII, Section 13, during the judge's current term and the
379      immediately preceding term, and a detailed summary of the supporting reasons for each
380      violation of the Code of Judicial Conduct that the judge has received;
381  (10) an explanation of ballot marking procedures prepared by the lieutenant governor,
382      indicating the ballot marking procedure used by each county and explaining how to
383      mark the ballot for each procedure;
384  (11) voter registration information, including information on how to obtain a ballot;
385  (12) a list of all county clerks' offices and phone numbers;
386  (13) the address of the Statewide Electronic Voter Information Website, with a statement
387      indicating that the election officer will post on the website any changes to the location of
388      a polling place and the location of any additional polling place;
389  (14) a phone number that a voter may call to obtain information regarding the location of a
390      polling place; and
391  (15) on the back cover page, a printed copy of the following statement signed by the lieutenant
392      governor:
393"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
394      measures contained in this pamphlet will be submitted to the voters of Utah at the election to
395      be held throughout the state on ____ (date of election), and that this pamphlet is complete and
396      correct according to law.
397SEAL
398Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
399      of ____ (month), ____ (year)
400
                                                         (signed) ____________________________________
401
                                                                                         Lieutenant Governor".
402Section 4. Section 20A-11-1202 is amended to read:
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40320A-11-1202 . Definitions.
404      As used in this part:
405   (1) "Applicable election officer" means:
406(a) a county clerk, if the email relates only to a local election; or
407(b) the lieutenant governor, if the email relates to an election other than a local election.
408   (2) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
409retention questions, opinion questions, bond approvals, or other questions submitted to
410the voters for their approval or rejection.
411   (3) "Billboard" means a freestanding outdoor sign used for advertising to, or
412communicating with, the general public.
413   (4) "Campaign contribution" means any of the following when done for a political purpose
414or to advocate for or against a ballot proposition:
415(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
416given to a filing entity;
417(b) an express, legally enforceable contract, promise, or agreement to make a gift,
418subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or
419anything of value to a filing entity;
420(c) any transfer of funds from another reporting entity to a filing entity;
421(d) compensation paid by any person or reporting entity other than the filing entity for
422personal services provided without charge to the filing entity;
423(e) remuneration from:
424(i) any organization or the organization's directly affiliated organization that has a
425registered lobbyist; or
426(ii) any agency or subdivision of the state, including a school district; or
427(f) an in-kind contribution.
428   (5)(a) "Commercial interlocal cooperation agency" means an interlocal cooperation
429agency that receives [its] the agency's revenues from conduct of [its] the agency's
430commercial operations.
431(b) "Commercial interlocal cooperation agency" does not mean an interlocal cooperation
432agency that receives some or all of its revenues from:
433(i) government appropriations;
434(ii) taxes;
435(iii) government fees imposed for regulatory or revenue raising purposes; or
436(iv) interest earned on public funds or other returns on investment of public funds.
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437  (6) "Expenditure" means:
438      (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
439anything of value;
440      (b) an express, legally enforceable contract, promise, or agreement to make any
441purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
442anything of value;
443      (c) a transfer of funds between a public entity and a candidate's personal campaign
444committee;
445      (d) a transfer of funds between a public entity and a political issues committee; or
446      (e) goods or services provided to or for the benefit of a candidate, a candidate's personal
447campaign committee, or a political issues committee for political purposes at less
448than fair market value.
449  (7) "Filing entity" means the same as that term is defined in Section 20A-11-101.
450  (8) "Governmental interlocal cooperation agency" means an interlocal cooperation agency
451      that receives some or all of its revenues from:
452      (a) government appropriations;
453      (b) taxes;
454      (c) government fees imposed for regulatory or revenue raising purposes; or
455      (d) interest earned on public funds or other returns on investment of public funds.
456  (9) "Influence" means to campaign or advocate for or against a ballot proposition.
457  (10) "Interlocal cooperation agency" means an entity created by interlocal agreement under
458      the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
459  (11) "Mass communication" means any printed communication that:
460      (a) contains identical or substantially similar content; and
461      (b) is mailed to more than 500 recipients in a calendar year, regardless of whether the
462mailing occurs simultaneously or at different times during the calendar year.
463  (12) "Political purposes" means an act done with the intent or in a way to influence or
464      intend to influence, directly or indirectly, any person to refrain from voting or to vote for
465      or against any:
466      (a) candidate for public office at any caucus, political convention, primary, or election; or
467      (b) judge standing for retention at any election.
468  (13) "Proposed initiative" means an initiative proposed in an application filed under Section
469      20A-7-202 or 20A-7-502.
470  (14) "Proposed referendum" means a referendum proposed in an application filed under
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471Section 20A-7-302[ or] , 20A-7-602, or 78A-1-203.
472   (15)(a) "Public entity" includes the state, each state agency, each county, municipality,
473school district, special district, governmental interlocal cooperation agency, and each
474administrative subunit of each of them.
475(b) "Public entity" does not include a commercial interlocal cooperation agency.
476(c) "Public entity" includes local health departments created under Title 26A, Local
477Health Authorities.
478   (16)(a) "Public funds" means any money received by a public entity from
479appropriations, taxes, fees, interest, or other returns on investment.
480(b) "Public funds" does not include money donated to a public entity by a person or
481entity.
482   (17)(a) "Public official" means an elected or appointed member of government with
483authority to make or determine public policy.
484(b) "Public official" includes the person or group that:
485(i) has supervisory authority over the personnel and affairs of a public entity; and
486(ii) approves the expenditure of funds for the public entity.
487   (18) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
488   (19)(a) "Special district" means an entity under Title 17B, Limited Purpose Local
489Government Entities - Special Districts.
490(b) "Special district" includes a special service district under Title 17D, Chapter 1,
491Special Service District Act.
492   (20)(a) "State agency" means each department, commission, board, council, agency,
493institution, officer, corporation, fund, division, office, committee, authority,
494laboratory, library, unit, bureau, panel, or other administrative unit of the state.
495(b) "State agency" includes the legislative branch, the Utah Board of Higher Education,
496each institution of higher education board of trustees, and each higher education
497institution.
498Section 5. Section 78A-1-201 is enacted to read:
499Part 2. Statewide Referendum on Supreme Court Opinion
50078A-1-201 . Definitions for part.
501      As used in this part:
502   (1) "Legal voter" means an individual who is registered to vote in Utah.
503   (2) "Opinion by the Supreme Court" means a decision by the Supreme Court holding that a
504state law is unconstitutional.
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505  (3) "Referendum" means a process by which an opinion by the Supreme Court is submitted
506      or referred to the voters for the voters' approval or rejection of the Supreme Court's
507      determination that a state law is unconstitutional.
508  (4) "Referendum application" means an application described in Subsection 78A-1-202(7)
509      that includes all the information, statements, documents, and notarized signatures
510      required under Subsection 78A-1-202(7).
511  (5) "Referendum packet" means a copy of the referendum petition, a copy of the opinion by
512      the Supreme Court being submitted or referred to the voters for the voters' approval or
513      rejection, and no more than 50 signature sheets, all of which have been bound together
514      as a unit in a manner that may be conveniently opened for signing.
515  (6) "Referendum petition" means the form described in Subsection 78A-1-203(1)
516      petitioning for submission of an opinion by the Supreme Court to the legal voters for the
517      voters' approval or rejection.
518  (7) "Signature" means:
519      (a) a holographic signature collected physically on a signature sheet described in Section
52078A-1-203;
521      (b) as it relates to an individual who, due to a qualifying disability under the Americans
522with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
523name consistently, the initials "AV," indicating that the voter's identity will be
524verified by an alternate verification process described in Section 20A-7-106; and
525      (c) does not include an electronic signature.
526  (8) "Sponsors" means the legal voters who support the referendum and who sign the
527      referendum application.
528  (9) "State law" means a state statute, a provision of the Utah Constitution, or any action of
529      the Legislature.
530Section 6. Section 78A-1-202 is enacted to read:
53178A-1-202 . Referendum process -- Signature requirements.
532  (1) An opinion by the Supreme Court is subject to a referendum in accordance with this
533      part.
534  (2) An individual seeking to have an opinion by the Supreme Court submitted to a vote of
535      the people, after filing a referendum application, shall obtain:
536      (a) legal signatures equal to 8% of the number of active voters in the state on January 1
537immediately following the last regular general election; and
538      (b) from at least 15 Senate districts, legal signatures equal to 8% of the number of active
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539voters in that Senate district on January 1 immediately following the last regular
540general election.
541   (3) When the lieutenant governor declares that a referendum petition is signed by a
542sufficient number of voters to meet the requirements of Subsection (2), the governor
543shall issue an executive order that:
544(a) directs that the referendum be submitted to the voters at the next regular general
545election; or
546(b) calls a special election according to the requirements of Section 20A-1-203 and
547directs that the referendum be submitted to the voters at that special election.
548   (4) When the lieutenant governor declares that a referendum petition is signed by a
549sufficient number of voters, the opinion by the Supreme Court that is the subject of the
550petition does not take effect unless and until the opinion by the Supreme Court is
551approved by a vote of the people at a regular general election or a statewide special
552election.
553   (5) The lieutenant governor shall provide the following information to any interested person:
554(a) the number of active voters in the state on January 1 immediately following the last
555regular general election; and
556(b) for each county, the number of active voters in that Senate district on January 1
557immediately following the last regular general election.
558   (6) An individual wishing to circulate a referendum petition shall file a referendum
559application with the lieutenant governor no later than 5 p.m. on the first business day
560that is at least five calendar days after the day on which the opinion by the Supreme
561Court is issued.
562   (7) The referendum application shall include:
563(a) the name and residence address of at least five sponsors of the referendum petition;
564(b) a statement indicating that each of the sponsors is registered to vote in Utah;
565(c) a statement indicating whether persons gathering signatures for the referendum
566petition may be paid for gathering signatures;
567(d) the signature of each of the sponsors, attested to by a notary public; and
568(e) a copy of the opinion by the Supreme Court that is the subject of the proposed
569referendum.
570Section 7. Section 78A-1-203 is enacted to read:
57178A-1-203 . Referendum petition and packet.
572   (1)(a) Each proposed referendum petition shall be printed in substantially the following
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573      form:
574      "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
575      We, the undersigned citizens of Utah, respectfully order that (the case name and
576      number for the opinion by the Supreme Court), issued by the Supreme Court of the
577      state of Utah on (the date on which the opinion by the Supreme Court was issued), be
578      referred to the people of Utah for their approval or rejection at a regular general
579      election or a statewide special election;
580      Each signer says:
581      I have personally signed this referendum petition or, if I am an individual with a
582      qualifying disability, I have signed this referendum petition by directing the signature
583      gatherer to enter the initials "AV" as my signature;
584      The date next to my signature correctly reflects the date that I actually signed the
585      referendum petition;
586      I have personally read the entire statement included with this referendum packet;
587      I am registered to vote in Utah; and
588      My residence and post office address are written correctly after my name."
589      (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
590opinion by the Supreme Court that is the subject of the referendum to each
591referendum petition.
592  (2) Each referendum signature sheet shall comply with the requirements described in
593      Section 20A-7-303, except that the requirement described in Subsection
594      20A-7-303(3)(d)(xx) shall contain the following words, "By signing this referendum
595      petition, you are stating that you have read and understand the opinion by the Supreme
596      Court that this referendum petition seeks to overturn."
597  (3) The final page of each referendum packet shall contain the following printed or typed
598      statement:
599      "Verification of signature collector
600      State of Utah, County of ____ I, _______________, of ____, hereby state, under
601      penalty of perjury, that:
602      I am at least 18 years old;
603      All the names that appear in this referendum packet were signed by individuals who
604      professed to be the individuals whose names appear in it, and each of the individuals
605      signed the individual's name on it in my presence or, in the case of an individual with a
606      qualifying disability, I have signed this referendum petition on the individual's behalf, at
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607the direction of the individual and in the individual's presence, by entering the initials
608"AV" as the individual's signature;
609I certify that, for each individual whose signature is represented in this referendum
610packet by the initials "AV":
611I obtained the individual's voluntary direction or consent to sign the referendum
612petition on the individual's behalf;
613I do not believe, or have reason to believe, that the individual lacked the mental
614capacity to give direction or consent;
615I do not believe, or have reason to believe, that the individual did not understand the
616purpose or nature of my signing the referendum petition on the individual's behalf;
617I did not intentionally or knowingly deceive the individual into directing me to, or
618consenting for me to, sign the referendum petition on the individual's behalf;
619I did not intentionally or knowingly enter false information on the signature sheet; and
620I did not knowingly make a misrepresentation of fact concerning the opinion by the
621Supreme Court this petition seeks to overturn;
622I believe that each individual's name, post office address, and residence is written
623correctly, that each signer has read the opinion by the Supreme Court that the
624referendum seeks to overturn, and that each signer is registered to vote in Utah;
625The correct date of signature appears next to each individual's name; and
626I have not paid or given anything of value to any individual who signed this
627referendum packet to encourage that individual to sign it.
629
628________________________________________________________________________
630(Name) (Residence Address) (Date)".
631   (4) If the forms described in Subsection (1) and (3) are substantially followed, the
632referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
633   (5) The sponsors of the referendum petition shall:
634(a) arrange and pay for the printing of all documents that are part of the referendum
635packets; and
636(b) ensure that the referendum packets and the documents described in Subsection (5)(a)
637meet the form requirements of this section.
638   (6)(a) The sponsors or an agent of the sponsors may prepare the referendum packets for
639circulation by creating multiple referendum packets.
640(b) A referendum packet is not required to have a uniform number of signature sheets.
641   (7) Upon the filing of a referendum application, the lieutenant governor shall post the
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 H.B. 600  02-26 08:45
642      following information together in a conspicuous place on the lieutenant governor's
643      website:
644      (a) the referendum petition;
645      (b) a copy of the opinion by the Supreme Court that is the subject of the referendum
646petition; and
647      (c) information describing how an individual may remove the individual's signature
648from the referendum petition.
649  (8) The lieutenant governor shall:
650      (a) promptly update the information described in Subsection (7) if the information
651changes; and
652      (b) maintain the information described in Subsection (7) on the lieutenant governor's
653website until the referendum fails to qualify for the ballot or is passed or defeated at
654an election.
655Section 8. Section 78A-1-204 is enacted to read:
65678A-1-204 . Evaluation by lieutenant governor -- Stay of the opinion by the
657  Supreme Court.
658  (1) The lieutenant governor:
659      (a) except as provided in Subsection (1)(b), shall declare the referendum petition to be
660sufficient or insufficient 106 calendar days after the day on which the opinion by the
661Supreme Court is issued; or
662      (b) may declare the referendum petition to be insufficient before the day described in
663Subsection (1)(a) if:
664(i) the total of all valid signatures on timely and lawfully submitted referendum
665packets that have been certified by the county clerks, plus the number of
666signatures on timely and lawfully submitted referendum packets that have not yet
667been evaluated for certification, is less than the number of names required under
668Section 78A-1-202; or
669(ii) a requirement of this part has not been met.
670  (2) If the total number of names certified under Subsection (1) equals or exceeds the
671      number of names required under Section 78A-1-202, and the requirements of this part
672      are met, the lieutenant governor shall mark upon the front of the referendum petition the
673      word "sufficient."
674  (3) If the total number of names certified under Subsection (1) does not equal or exceed the
675      number of names required under Section 78A-1-202 or a requirement of this part is not
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 02-26 08:45  H.B. 600
676met, the lieutenant governor shall mark upon the front of the referendum petition the
677word "insufficient."
678   (4) The lieutenant governor shall immediately notify any one of the sponsors of the
679lieutenant governor's finding.
680   (5) After a referendum petition is declared insufficient, an individual may not submit
681additional signatures to qualify the referendum for the ballot.
682   (6) If, at the time during the counting period described in this section, the lieutenant
683governor determines that, at that point in time, an adequate number of signatures is
684certified to comply with the signature requirements, the lieutenant governor shall:
685(a) issue an order temporarily staying the opinion by the Supreme Court from going into
686effect; and
687(b) continue the process of certifying signatures and removing signatures as required by
688this part.
689   (7) The temporary stay described in Subsection (6) remains in effect, regardless of whether
690a future count falls below the signature threshold, until:
691(a) if the lieutenant governor declares the referendum petition sufficient, the day on
692which governor issues the proclamation described in Section 78A-1-207; or
693(b) if the lieutenant governor declares the referendum petition insufficient, five calendar
694days after the day on which the lieutenant governor declares the referendum petition
695insufficient.
696Section 9. Section 78A-1-205 is enacted to read:
69778A-1-205 . Numbering of ballot proposition -- Duties of lieutenant governor and
698   Office of Legislative Research and General Counsel.
699   (1) Whenever a referendum petition is declared sufficient for submission to a vote of the
700people, the lieutenant governor shall deliver a copy of the referendum petition and the
701opinion by the Supreme Court to which the referendum relates to the Office of
702Legislative Research and General Counsel.
703   (2) The Office of Legislative Research and General Counsel shall:
704(a) entitle a referendum that qualifies for the ballot "Proposition Number __" and assign
705a number to the referendum in accordance with Section 20A-6-107;
706(b) prepare for the referendum:
707(i) an impartial short title, not exceeding 25 words, that generally describes the
708opinion by the Supreme Court to which the referendum relates; and
709(ii) an impartial summary of the opinion by the Supreme Court to which the
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 H.B. 600  02-26 08:45
710referendum relates, not exceeding 125 words; and
711(iii) submit the short title and summary to the lieutenant governor within 15 calendar
712days after the day on which the Office of Legislative Research and General
713Counsel receives the petition under Subsection (1).
714  (3) Subject to Subjection (4), the official ballot shall show, in the following order:
715      (a) the number of the referendum, determined in accordance with Section 20A-6-107;
716      (b) the short title; and
717      (c) except as provided in Subsection (3):
718(i) the summary;
719(ii) a copy of the opinion by the Supreme Court; and
720(iii) a link to a location on the lieutenant governor's website where a voter may
721review additional information relating to the referendum, including the
722information described in Subsection 78A-1-202(7) and the arguments relating to
723the referendum that are included in the voter information pamphlet.
724  (4) Unless the information described in Subsection (3)(c)(iii) is shown on the official ballot,
725      the election officer shall include with the ballot a separate ballot proposition insert that
726      includes the short title and summary for each referendum on the ballot and a link to a
727      location on the lieutenant governor's website where a voter may review the additional
728      information described in Subsection (3)(c)(iii).
729  (5) Immediately after the Office of Legislative Research and General Counsel submits the
730      short title and summary to the lieutenant governor, the lieutenant governor shall mail or
731      email a copy of the short title and summary to any of the sponsors of the referendum
732      petition.
733  (6)(a) At least three of the sponsors of the referendum petition may, within 15 days after
734      the day on which the lieutenant governor sends the short title and summary,
735      challenge the wording of the short title and summary prepared by the Office of
736      Legislative Research and General Counsel to the appropriate court.
737      (b) After receipt of the appeal, the court shall direct the lieutenant governor to send
738notice of the appeal to:
739(i) any person or group that has filed an argument for or against the opinion by the
740Supreme Court to which the referendum relates; and
741(ii) any political issues committee established under Section 20A-11-801 that has
742filed written or electronic notice with the lieutenant governor that identifies the
743name, mailing or email address, and telephone number of the person designated to
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 02-26 08:45  H.B. 600
744receive notice about any issues relating to the referendum.
745   (7)(a) There is a presumption that the short title prepared by the Office of Legislative
746Research and General Counsel is an impartial description of the contents of the
747referendum.
748(b) The court may not revise the wording of the short title unless the plaintiffs rebut the
749presumption by clearly and convincingly establishing that the short title is false or
750biased.
751(c) There is a presumption that the summary prepared by the Office of Legislative
752Research and General Counsel is an impartial summary of the contents of the opinion
753by the Supreme Court to which the referendum relates.
754(d) The court may not revise the wording of the summary unless the plaintiffs rebut the
755presumption by clearly and convincingly establishing that the summary is false or
756biased.
757(e) The court shall:
758(i) examine the short title and summary;
759(ii) hear arguments; and
760(iii) enter an order consistent with the requirements of this section.
761(f) The lieutenant governor shall, in accordance with the court's order, certify the short
762title and summary to the county clerks for inclusion in the ballot or ballot proposition
763insert, as required by this section.
764Section 10. Section 78A-1-206 is enacted to read:
76578A-1-206 . Form of ballot -- Manner of voting.
766   (1) A county clerk shall ensure that the number and ballot title certified by the lieutenant
767governor for a referendum are presented upon the official ballot with, immediately
768adjacent to the number and ballot title, the words "For" and "Against," each word
769presented with an adjacent square in which a voter may indicate the voter's vote.
770   (2) A voter desiring to vote in favor of the opinion by the Supreme Court that is the subject
771of the referendum shall mark the square adjacent to the word "For."
772   (3) The opinion by the Supreme Court that is the subject of the referendum takes effect if a
773majority of voters mark "For."
774   (4) A voter desiring to vote against the opinion by the Supreme Court that is the subject of
775the referendum shall mark the square adjacent to the word "Against."
776   (5) The opinion by the Supreme Court that is the subject of the referendum does not take
777effect if a majority of voters mark "Against."
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 H.B. 600  02-26 08:45
778Section 11. Section 78A-1-207 is enacted to read:
77978A-1-207 . Return and canvass -- Conflicting measures.
780  (1) The votes on the opinion by the Supreme Court that is the subject of the referendum
781      petition shall be counted, canvassed, and delivered as provided in Title 20A, Chapter 4,
782      Part 3, Canvassing Returns.
783  (2) After the state board of canvassers completes the board's canvass, the lieutenant
784      governor shall certify to the governor the votes for and against the opinion by the
785      Supreme Court that is the subject of the referendum petition.
786  (3) The governor shall immediately issue a proclamation that:
787      (a) gives the total number of votes cast in the state for and against the opinion by the
788Supreme Court that is the subject of a referendum petition; and
789      (b) declares the opinion by the Supreme Court that is the subject of a referendum
790petition that is approved by majority vote to be in effect as the law of Utah.
791  (4) An opinion by the Supreme Court submitted to the people by referendum that is
792      approved by the voters at an election takes effect immediately upon the official
793      proclamation of the vote by the governor.
794Section 12. Section 78A-1-208 is enacted to read:
79578A-1-208 . Misconduct of electors and officers -- Penalty.
796  (1) It is unlawful for an individual to:
797      (a) sign any name other than the individual's own to a referendum petition;
798      (b) knowingly sign the individual's name more than once for the same referendum
799petition at one election;
800      (c) knowingly indicate that an individual who signed a referendum petition signed the
801referendum petition on a date other than the date that the individual signed the
802referendum petition;
803      (d) sign a referendum petition knowing the individual is not a legal voter; or
804      (e) knowingly and willfully violate any provision of this part.
805  (2) It is unlawful for an individual to sign the verification for a referendum packet knowing
806      that:
807      (a) the signature date associated with the individual's signature for the referendum
808petition is not the date that the individual signed the referendum petition;
809      (b) the individual has not witnessed the signatures of those individuals whose signatures
810the individual collects or submits; or
811      (c) one or more individuals who sign the referendum petition are not registered to vote
                                                 - 24 -
 02-26 08:45  H.B. 600
812in Utah.
813   (3) It is unlawful for an individual to:
814(a) pay an individual to sign a referendum petition;
815(b) pay an individual to remove the individual's signature from a referendum petition;
816(c) accept payment to sign a referendum petition;
817(d) accept payment to have the individual's name removed from a referendum petition; or
818(e) on behalf of a voter described in Section 20A-7-106, place the initials "AV" or enter
819any information on a signature sheet or statement described in Section 20A-7-106, if
820the individual:
821(i) does not obtain the voluntary direction or consent of the voter;
822(ii) believes or has reason to believe that the voter lacks the mental capacity to give
823the voter's direction or consent;
824(iii) believes or has reason to believe that the voter does not understand the purpose
825or nature of the action taken by the individual on behalf of the voter;
826(iv) intentionally or knowingly deceives the voter into providing the direction or
827consent of the voter; or
828(v) intentionally or knowingly enters false information on the signature sheet or
829statement.
830   (4) Any individual violating this section is guilty of a class A misdemeanor.
831Section 13. Effective Date.
832   This bill takes effect on May 6, 2026.
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