§ 1-41-102 — State ballot issue elections in odd-numbered years

(1) At the
statewide election to be held on the first Tuesday of November in 1993, and in each
odd-numbered year thereafter, the following issues shall appear on the ballot if
they concern state matters arising under section 20 of article X of the state
constitution and if they are submitted in accordance with applicable law:

(a) Amendments to the state constitution submitted by the general assembly
in accordance with article XIX of the state constitution;

(b) State legislation and amendments to the state constitution initiated in
accordance with section 1 of article V of the state constitution and article 40 of this
title;

(c) Measures referred to the people by the general assembly in accordance
with section 1 of article V of the state constitution;

(d) Measures referred to the people pursuant to petitions filed against an act
or item, section, or part of an act of the general assembly in accordance with
section 1 of article V of the state constitution;

(e) Questions which are referred to the people by the general assembly in
accordance with the law prescribing procedures therefor;

(f) Questions which are initiated by the people in accordance with the law
prescribing procedures therefor.

(2) If no questions concerning state matters arising under section 20 of
article X of the state constitution are referred or initiated as provided in subsection
(1) of this section, no statewide election shall be held on the first Tuesday of
November in 1993, or on the first Tuesday in November of any subsequent odd-numbered year.

(3) As used in this section, a question means a proposition which is in the
form of a question meeting the requirements of section 20 (3)(c) of article X of the
state constitution and which is submitted in accordance with the law prescribing
procedures therefor without reference to specific state legislation or a specific
amendment to the state constitution.

(4) As used in this section, state matters arising under section 20 of article
X of the state constitution includes:

(a) Approval of a new tax, tax rate increase, valuation for assessment ratio
increase for a property class, or extension of an expiring tax, or a tax policy change
directly causing a net tax revenue gain pursuant to section 20 (4)(a) of article X of
the state constitution;

(b) Approval of the creation of any multiple-fiscal year direct or indirect
state debt or other financial obligation without adequate present cash reserves
pledged irrevocably and held for payments in all future fiscal years pursuant to
section 20 (4)(b) of article X of the state constitution;

(c) Approval of emergency taxes pursuant to section 20 (6) of article X of the
state constitution;

(d) Approval of revenue changes pursuant to section 20 (7) of article X of the
state constitution;

(e) Approval of a delay in voting on ballot issues pursuant to section 20 (3)(a)
of article X of the state constitution;

(f) Approval of the weakening of a state limit on revenue, spending, and debt
pursuant to section 20 (1) of article X of the state constitution; and

(g) Approval for the state to retain and spend state revenues that otherwise
would be refunded for exceeding an estimate included in the ballot information
booklet in accordance with section 20 (3)(c) of article X of the state constitution.

Legislative History

Source: L. 93: Entire article added, p. 1994, � 1, effective June 8. L. 2015: (4)(f) amended and (4)(g) added, (HB 15-1367), ch. 271, p. 1073, � 9, effective June 4.