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RESOLUTION 16 OF 2013
DESIGNATING THE TIME AND METHOD FOR SUBMITTING LOCAL OPINION QUESTION NUMBER ONE TO SALT LAKE CITY REGISTERED VOTERS
WHEREAS, in 2012 Move to Amend Salt Lake (“MTA”) gathered sufficient voter signatures on an initiative petition declaring that “Only human beings, not corporations, are endowed with constitutional rights,” and “Money is not speech and therefore regulating political contributions and spending is not equivalent to limiting political speech”; and
WHEREAS, the Salt Lake City Recorder rejected the initiative as unqualified for the ballot because, if passed, the initiative would not result in a law; and
WHEREAS, the Utah Supreme Court later upheld the City’s rejection of the initiative in Proulx v. Salt Lake City Recorder, 2013 UT 2; and
WHEREAS, the Salt Lake City Council subsequently adopted Ordinance 76 of 2012 enacting Chapter 2.69, Salt Lake City Code, authorizing opinion questions to be submitted to the voters of Salt Lake City; and
WHEREAS, MTA has formally requested that its initiative petition be submitted as an opinion question to the voters of Salt Lake City pursuant to Section 2.69.020, Salt Lake City Code (the “Opinion Question”); and
WHEREAS, this resolution establishes the time when the Opinion Question will be submitted to the voters and the method by which it will be accomplished as required by Section 2.69.40, Salt Lake City Code.
NOW, THEREFORE, be it resolved by the City Council of Salt Lake City, Utah:
1. The Salt Lake City Recorder shall submit Local Opinion Question Number One to the registered voters of Salt Lake City using a “vote by mail” process similar to the process used by Salt Lake County in a general election.
2. The City Recorder shall prepare a voter information pamphlet and ballot as required by Sections 2.69.040 and 2.69.050, Salt Lake City Code.
3. On or before September 9, 2013 the City Recorder shall mail the voter information pamphlet and ballot to every Salt Lake City resident who is registered to vote as of August 31, 2013.
4. Every ballot postmarked by September 26, 2013 or received by the office of the City Recorder by 5:00 p.m. by September 26, 2013 shall be counted.
5. The Salt Lake City Council shall canvass the Opinion Question returns by October 10, 2013 as provided in Section 2.69.060, Salt Lake City Code.
Passed by the City Council of Salt Lake City, Utah this 23rd day of April, 2013.