§ 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 Section 20A-7-801; and

(B) the phone number a voter may call to request delivery of a voter information pamphlet by mail or carrier.

Amended by Chapter 334, 2012 General Session
Amended by Chapter 369, 2012 General Session