Section 508 – Short title and summary of initiative — Duties of local clerk and local attorney.

Effective 5/4/2022
20A-7-508. Short title and summary of initiative — Duties of local clerk and local attorney.

• (1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the petition and the proposed law to the local attorney.

• (2) The local attorney shall:
  • (a) entitle each county or municipal initiative that has qualified for the ballot “Proposition Number __” and give it a number as assigned under Section 20A-6-107;
  • (b) prepare for the initiative:
    • (i) an impartial short title, not exceeding 25 words, that generally describes the subject of the initiative; and
    • (ii) an impartial summary of the contents of the measure, not exceeding 125 words;
  • (c) file the proposed short title, summary, and the numbered initiative titles with the local clerk within 20 days after the day on which an eligible voter submits the initiative petition to the local clerk; and
  • (d) promptly provide notice of the filing of the proposed short title and summary to:
    • (i) the sponsors of the petition; and
    • (ii) the local legislative body for the jurisdiction where the initiative petition was circulated.

• (3)
  • (a) The short title and summary may be distinct from the title of the proposed law attached to the initiative petition.
  • (b) In preparing a short title, the local attorney shall, to the best of the local attorney’s ability, give a true and impartial description of the subject of the initiative.
  • (c) In preparing a summary, the local attorney shall, to the best of the local attorney’s ability, give a true and impartial summary of the contents of the measure.
  • (d) The short title and summary may not intentionally be an argument, or likely to create prejudice, for or against the measure.
  • (e) If the initiative proposes a tax increase, the local attorney shall include the following statement, in bold, in the summary:
    “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.”.

• (4)
  • (a) Within five calendar days after the date the local attorney files a proposed short title and summary under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative petition was circulated and the sponsors of the petition may file written comments in response to the proposed short title and summary with the local clerk.
  • (b) Within five calendar days after the last date to submit written comments under Subsection (4)(a), the local attorney shall:
    • (i) review any written comments filed in accordance with Subsection (4)(a);
    • (ii) prepare a final short title and summary that meets the requirements of Subsection (3); and
    • (iii) return the petition and file the short title and summary with the local clerk.
  • (c) Subject to Subsection (6):
    • (i) the short title, as determined by the local attorney, shall be printed on the official ballot; and
    • (ii) for each ballot that includes an initiative or referendum, the election officer shall include with the ballot a separate ballot proposition insert that includes the short title and summary for each initiative and referendum on the ballot and a link to a location on the election officer’s website where a voter may review additional information relating to each initiative or referendum, including:
      • (A) for an initiative, the information described in Subsection 20A-7-502(2), the fiscal impact estimate described in Section 20A-7-502.5, as updated, and the arguments relating to the initiative that are included in the local voter information pamphlet; or
      • (B) for a referendum, the information described in Subsection 20A-7-602(2) and the arguments relating to the referendum that are included in the local voter information pamphlet.
  • (d) For each ballot that includes an initiative or referendum, the ballot shall include the following statement at the beginning of the portion of the ballot that includes ballot measures, “The ballot proposition sheet included with this ballot contains an impartial summary of each initiative and referendum on this ballot.”

• (5) Immediately after the local attorney files a copy of the short title and summary with the local clerk, the local clerk shall serve a copy of the short title and summary by mail upon the sponsors of the petition and the local legislative body for the jurisdiction where the initiative petition was circulated.

• (6)
  • (a) If the short title or summary furnished by the local attorney is unsatisfactory or does not comply with the requirements of this section, the decision of the local attorney may be appealed to the appropriate court by:
    • (i) at least three sponsors of the initiative petition; or
    • (ii) a majority of the local legislative body for the jurisdiction where the initiative petition was circulated.
  • (b) The court:
    • (i) shall examine the short title and summary and consider arguments; and
    • (ii) enter an order consistent with the requirements of this section.
  • (c) The local clerk shall include the short title and summary in the ballot or ballot proposition insert, as required by this section.

Amended by Chapter 251, 2022 General Session