HB302 HFA Doyle. 9-13

          Delegate Doyle, Fleischauer and Hansen moves to amend “HB302 SFA Takubo #1 9-13” on page 19, Section 9, line 4, following the period by inserting a new article §16-2S-1, to read as follows:

“ARTICLE 2S. LOCAL REFERENDUM FOR ABORTION RESTRICTIONS.

§16-2S-1. Local referendum required.

(a) The provisions of HB302 enacted during the Third Extraordinary Session of 2022 do not apply in any county of this state until the county commission of the county holds an election on the question of whether the provisions of HB302 as herein enacted apply within the county and the voters approve the allowance of the limitations on abortions herein established shall be in force within the county.  The election is determined by a vote of the resident voters of the county.  The county commission of the county in which the limitations on abortions herein are proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of §51-3-1 et seq. of this code and the publication area for the publication is the county in which the election is to be held.  The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election.

On the local option election ballot shall be printed the following:

Shall the provisions of HB302 enacted during the Third Extraordinary Session of 2022 that limit abortions apply in ________ County?

[  ] Yes

[  ] No

(Place a cross mark in the square opposite your choice.)

Any local option election to approve or disapprove applicability of the provisions of HB302 enacted during the Third Extraordinary Session of 2022 to limit the right to abortion  within a county shall be in accordance with procedures adopted by the commission.  The local option election may be held in conjunction with a primary or general election or at a special election.  Approval shall be by a majority of the voters casting votes on the question of approval or disapproval that the provisions of HB302 enacted during the Third Extraordinary Session of 2022 which limits the rights to an abortion apply within the county.

If a majority votes against, an election on this issue may not be held for a period of one hundred four weeks.  If a majority votes “yes”, an election reconsidering the action may not be held for a period of five years.  A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county ask that the provisions of HB302 enacted during the Third Extraordinary Session of 2022 which limits the rights to an abortion apply within the county.  The petition may be in any number of counterparts.  The election shall take place at the next primary or general election or a special election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection.”