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Senate adopts substitute to link JPEC materials on ballot; clerks and counties voiced concerns
Summary
The Senate approved a substitute to SB 206 requiring the lieutenant governor to provide a link to Judicial Performance Evaluation Commission recommendations for judicial retention on the ballot; clerks and the Utah Association of Counties raised concerns about electioneering statutes but legislative research said no statutory bar existed.
The Senate adopted a floor substitute to Senate Bill 206 on Feb. 27 that directs the lieutenant governor's office to include on election materials a link to Judicial Performance Evaluation Commission materials so voters can access retention recommendations.
Sen. McKay, who moved the second substitute, said the change simplifies earlier proposals that would have placed JPEC's recommendation text on the ballot and instead requires a pointer: "Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission recommendations for each judge." He said the substitute was intended to provide voters an easy way to find impartial information about judicial retention.
Several senators asked whether including such a link could violate electioneering prohibitions. Sen. Iwamoto and others reported that the Utah Association of Counties and county clerks had expressed opposition and were concerned the language could run afoul of Utah Code —F 28-3-501 on polling-place prohibitive activities. McKay said she had asked legislative research and that staff had concluded directing voters to a state website with information is not electioneering and did not present a constitutional or statutory problem.
Sen. Bramble and Sen. Cullimore spoke in favor of the substitute as an informational improvement; Sen. Thatcher said he had been a no in committee but that the substitute addressed his concerns. After floor debate and a motion to substitute, the Senate passed the second substitute by roll call, 24 yea, 3 nay, 2 absent.
What the substitute says
- Requires the lieutenant governor's office to maintain a link to JPEC materials and to include a short instruction on the ballot directing voters to judges.utah.gov for retention recommendations.
Floor record and implications
The transcript records clerks and the Utah Association of Counties raising objections; sponsors said they would continue to consult with clerks and UAC after passage. The floor record cites the election-code provision 28-3-501 during the exchange; sponsors said legislative research did not identify a statutory bar to including the link. The bill now moves to the House for consideration.
Representative floor quote
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission recommendations for each judge," Sen. McKay said when explaining the substituted language. Sen. Bramble added that providing vetted information would "enhance our process."
