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First Substitute H.B. 129
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6 AN ACT RELATING TO THE ELECTION CODE; AMENDING DEFINITIONS; MODIFYING
7 VOTER REGISTRATION REQUIREMENTS; ESTABLISHING A DEADLINE FOR
8 EMERGENCY ABSENTEE BALLOTS; MODIFYING RECOUNT PROCEDURES;
9 MODIFYING REQUIREMENTS AND FORMS FOR INITIATIVE AND REFERENDUM
10 SIGNATURE GATHERERS; MODIFYING DECLARATION OF CANDIDACY
11 REQUIREMENTS; MODIFYING FINANCIAL REPORTING REQUIREMENTS; MAKING
12 TECHNICAL CORRECTIONS; S PROVIDING AN EFFECTIVE DATE; s AND PROVIDING A
12a COORDINATION CLAUSE.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 20A-1-102, as last amended by Chapters 344 and 369, Laws of Utah 1998
16 20A-2-201, as last amended by Chapter 106, Laws of Utah 1998
17 20A-2-203, as last amended by Chapter 183, Laws of Utah 1997
18 20A-3-306.5, as enacted by Chapter 10, Laws of Utah 1996
19 20A-4-401, as enacted by Chapter 1, Laws of Utah 1993
20 20A-5-202, as last amended by Chapter 24, Laws of Utah 1997
21 20A-5-303, as last amended by Chapter 183, Laws of Utah 1997
22 20A-7-202, as last amended by Chapter 153, Laws of Utah 1995
23 20A-7-203, as last amended by Chapter 153, Laws of Utah 1995
24 20A-7-205, as last amended by Chapters 153 and 165, Laws of Utah 1995
25 20A-7-206, as last amended by Chapters 153, 165 and 340, Laws of Utah 1995
26 20A-7-213, as last amended by Chapter 79, Laws of Utah 1996
27 20A-7-303, as last amended by Chapter 153, Laws of Utah 1995
28 20A-7-305, as last amended by Chapters 153 and 165, Laws of Utah 1995
29 20A-7-306, as last amended by Chapters 153 and 165, Laws of Utah 1995
30 20A-7-312, as last amended by Chapters 153 and 165, Laws of Utah 1995
31 20A-7-503, as enacted by Chapter 272, Laws of Utah 1994
32 20A-7-505, as last amended by Chapter 165, Laws of Utah 1995
33 20A-7-506, as last amended by Chapter 165, Laws of Utah 1995
33a S 20A-7-601, as renumbered and amended by Chapter 272, Laws of Utah 1994 s
34 20A-7-603, as enacted by Chapter 272, Laws of Utah 1994
35 20A-7-605, as last amended by Chapter 165, Laws of Utah 1995
36 20A-7-606, as last amended by Chapter 165, Laws of Utah 1995
37 20A-8-103, as last amended by Chapter 182, Laws of Utah 1997
38 20A-9-201, as last amended by Chapters 27 and 40, Laws of Utah 1998
39 20A-9-202, as last amended by Chapters 24, 182 and 184, Laws of Utah 1997
40 20A-9-502, as enacted by Chapter 1, Laws of Utah 1994
41 20A-9-503, as last amended by Chapter 152, Laws of Utah 1995
42 20A-11-101, as last amended by Chapter 355, Laws of Utah 1997
43 20A-11-103, as enacted by Chapter 355, Laws of Utah 1997
44 20A-11-602, as last amended by Chapter 40, Laws of Utah 1998
45 20A-11-802, as last amended by Chapter 40, Laws of Utah 1998
46 63-96-103, as enacted by Chapter 341, Laws of Utah 1998
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 20A-1-102 is amended to read:
49 20A-1-102. Definitions.
50 As used in this title:
51 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
52 by the county clerk.
53 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
54 counts votes recorded on paper ballots or ballot cards and tabulates the results.
55 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
56 votes and includes ballot cards, paper ballots, and secrecy envelopes.
57 (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
58 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
59 the names of offices and candidates and statements of ballot propositions to be voted on and which
60 are used in conjunction with ballot cards.
61 (6) "Ballot proposition" means opinion questions specifically authorized by the
62 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions[
63
64 rejection.
65 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
66 20A-4-306 to canvass election returns.
67 (8) "Book voter registration form" means voter registration forms contained in a bound
68 book that are used by election officers and registration agents to register persons to vote.
69 (9) "Bond election" means an election held for the sole purpose of approving or rejecting
70 the proposed issuance of bonds by a government entity.
71 (10) "By-mail voter registration form" means a voter registration form designed to be
72 completed by the voter and mailed to the election officer.
73 (11) "Canvass" means the review of election returns and the official declaration of election
74 results by the board of canvassers.
75 (12) "Canvassing judge" means an election judge designated to assist in counting ballots
76 at the canvass.
77 (13) "Convention" means the political party convention at which party officers and
78 delegates are selected.
79 (14) "Counting center" means one or more locations selected by the election officer in
80 charge of the election for the automatic counting of ballots.
81 (15) "Counting judge" means a judge designated to count the ballots during election day.
82 (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
83 to witness the counting of ballots.
84 (17) "Counting room" means a suitable and convenient private place or room, immediately
85 adjoining the place where the election is being held, for use by the counting judges to count ballots
86 during election day.
87 (18) "County executive" means:
88 (a) the county commission in the traditional form of government established by Section
89 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
90 (b) the county executive in the county executive and chief administrative officer-council
91 optional form of government authorized by Section 17-35a-501 ;
92 (c) the county executive in the county executive-council optional form of government
93 authorized by Section 17-35a-502 ;
94 (d) the county council in the council-manager optional form of government authorized by
95 Section 17-35a-503 ; and
96 (e) the county council in the council-county administrative officer optional form of
97 government authorized by Section 17-35a-504 .
98 (19) "County legislative body" means:
99 (a) the county commission in the traditional form of government established by Section
100 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
101 (b) the county council in the county executive and chief administrative officer-council
102 optional form of government authorized by Section 17-35a-501 ;
103 (c) the county council in the county executive-council optional form of government
104 authorized by Section 17-35a-502 ;
105 (d) the county council in the council-manager optional form of government authorized by
106 Section 17-35a-503 ; and
107 (e) the county council in the council-county administrative officer optional form of
108 government authorized by Section 17-35a-504 .
109 (20) "County officers" means those county officers that are required by law to be elected.
110 (21) "Election" means a regular general election, a municipal general election, a statewide
111 special election, a local special election, a regular primary election, a municipal primary election,
112 and a special district election.
113 (22) "Election cycle" means the period beginning on the first day persons are eligible to
114 file declarations of candidacy and ending when the canvass is completed.
115 (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
116 (24) "Election officer" means:
117 (a) the lieutenant governor, for all statewide ballots;
118 (b) the county clerk or clerks for all county ballots and for certain special district and
119 school district ballots as provided in Section 20A-5-400.5 ;
120 (c) the municipal clerk for all municipal ballots and for certain special district and school
121 district ballots as provided in Section 20A-5-400.5 ; and
122 (d) the special district clerk or chief executive officer for all special district ballots that are
123 not part of a statewide, county, or municipal ballot.
124 (25) "Election official" means any election officer, election judge, or satellite registrar.
125 (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
126 overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
127 absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
128 ballot disposition form, and the total votes cast form.
129 (27) "Electronic voting system" means a system in which a voting device is used in
130 conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
131 tabulating equipment.
132 (28) "Inactive voter" means a registered voter who has been sent the notice required by
133 Section 20A-2-306 and who has failed to respond to that notice.
134 (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
135 the receipt and safe deposit of voted and counted ballots.
136 (30) "Judicial office" means the office filled by any judicial officer.
137 (31) "Judicial officer" means any justice or judge of a court of record or any county court
138 judge.
139 (32) "Local election" means a regular municipal election, a local special election, a special
140 district election, and a bond election.
141 (33) "Local political subdivision" means a county, a municipality, a special district, or a
142 local school district.
143 (34) "Local special election" means a special election called by the governing body of a
144 local political subdivision in which all registered voters of the local political subdivision may vote.
145 (35) "Municipal executive" means:
146 (a) the city commission, city council, or town council in the traditional management
147 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
148 (b) the mayor in the council-mayor optional form of government defined in Section
149 10-3-1209 ; and
150 (c) the manager in the council-manager optional form of government defined in Section
151 10-3-1209 .
152 (36) "Municipal general election" means the election held in municipalities and special
153 districts on the first Tuesday after the first Monday in November of each odd-numbered year for
154 the purposes established in Section 20A-1-202 .
155 (37) "Municipal legislative body" means:
156 (a) the city commission, city council, or town council in the traditional management
157 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
158 (b) the municipal council in the council-mayor optional form of government defined in
159 Section 10-3-1209 ; and
160 (c) the municipal council in the council-manager optional form of government defined in
161 Section 10-3-1209 .
162 (38) "Municipal officers" means those municipal officers that are required by law to be
163 elected.
164 (39) "Municipal primary election" means an election held to nominate candidates for
165 municipal office.
166 (40) "Official ballot" means the ballots distributed by the election officer to the election
167 judges to be given to voters to record their votes.
168 (41) "Official endorsement" means:
169 (a) the information on the ballot that identifies:
170 (i) the ballot as an official ballot;
171 (ii) the date of the election; and
172 (iii) the facsimile signature of the election officer; and
173 (b) the information on the ballot stub that identifies:
174 (i) the election judge's initials; and
175 (ii) the ballot number.
176 (42) "Official register" means the book furnished election officials by the election officer
177 that contains the information required by Section 20A-5-401 .
178 (43) "Paper ballot" means a paper that contains:
179 (a) the names of offices and candidates and statements of ballot propositions to be voted
180 on; and
181 (b) spaces for the voter to record his vote for each office and for or against each ballot
182 proposition.
183 (44) "Political party" means an organization of registered voters that has qualified to
184 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
185 Formation and Procedures.
186 (45) "Polling place" means the building where residents of a voting precinct vote.
187 (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
188 which the voter marks his choice.
189 (47) "Posting list" means a list of registered voters within a voting precinct.
190 (48) "Primary convention" means the political party conventions at which nominees for
191 the regular primary election are selected.
192 (49) "Protective counter" means a separate counter, which cannot be reset, that is built into
193 a voting machine and records the total number of movements of the operating lever.
194 (50) "Qualify" or "qualified" means to take the oath of office and begin performing the
195 duties of the position for which the person was elected.
196 (51) "Receiving judge" means the election judge that checks the voter's name in the official
197 register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
198 has voted.
199 (52) "Registration days" means the days designated in Section 20A-2-203 when a voter
200 may register to vote with a satellite registrar.
201 (53) "Registration form" means a book voter registration form and a by-mail voter
202 registration form.
203 (54) "Regular general election" means the election held throughout the state on the first
204 Tuesday after the first Monday in November of each even-numbered year for the purposes
205 established in Section 20A-1-201 .
206 (55) "Regular primary election" means the election on the fourth Tuesday of June of each
207 even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
208 nomination.
209 (56) "Resident" means a person who resides within a specific voting precinct in Utah.
210 (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
211 distributed as provided in Section 20A-5-405 .
212 (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
213 voters and perform other duties.
214 (59) "Scratch vote" means to mark or punch the straight party ticket and then mark or
215 punch the ballot for one or more candidates who are members of different political parties.
216 (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
217 which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
218 vote.
219 (61) "Special election" means an election held as authorized by Section 20A-1-204 .
220 (62) "Special district" means those local government entities created under the authority
221 of Title 17A.
222 (63) "Special district officers" means those special district officers that are required by law
223 to be elected.
224 (64) "Spoiled ballot" means each ballot that:
225 (a) is spoiled by the voter;
226 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
227 (c) lacks the official endorsement.
228 (65) "Statewide special election" means a special election called by the governor or the
229 Legislature in which all registered voters in Utah may vote.
230 (66) "Stub" means the detachable part of each ballot.
231 (67) "Substitute ballots" means replacement ballots provided by an election officer to the
232 election judges when the official ballots are lost or stolen.
233 (68) "Ticket" means each list of candidates for each political party or for each group of
234 petitioners.
235 (69) "Transfer case" means the sealed box used to transport voted ballots to the counting
236 center.
237 (70) "Vacancy" means the absence of a person to serve in any position created by statute,
238 whether that absence occurs because of death, disability, disqualification, resignation, or other
239 cause.
240 (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
241 candidate by following the procedures and requirements of this title.
242 (72) "Voter" means a person who meets the requirements of election registration and is
243 registered and is listed in the official register book.
244 (73) "Voting area" means the area within six feet of the voting booths, voting machines,
245 and ballot box.
246 (74) "Voting booth" means the space or compartment within a polling place that is
247 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
248 (75) "Voting device" means:
249 (a) an apparatus in which ballot cards are used in connection with a punch device for
250 piercing the ballots by the voter;
251 (b) a device for marking the ballots with ink or another substance; or
252 (c) any other method for recording votes on ballots so that the ballot may be tabulated by
253 means of automatic tabulating equipment.
254 (76) "Voting machine" means a machine designed for the sole purpose of recording and
255 tabulating votes cast by voters at an election.
256 (77) "Voting poll watcher" means a person appointed as provided in this title to witness
257 the distribution of ballots and the voting process.
258 (78) "Voting precinct" means the smallest voting unit established as provided by law
259 within which qualified voters vote at one polling place.
260 (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
261 poll watcher.
262 (80) "Write-in ballot" means a ballot containing any write-in votes.
263 (81) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
264 according to the procedures established in this title.
265 Section 2. Section 20A-2-201 is amended to read:
266 20A-2-201. Registering to vote at office of county clerk.
267 (1) Except as provided in [
268 register to vote all persons who present themselves for registration at the county clerk's office
269 during designated office hours if those persons, on voting day, will be legally qualified and entitled
270 to vote in a voting precinct in the county.
271 (2) [
272 immediately before any scheduled election, the county clerk shall:
273 (a) accept registration forms from all persons who present themselves for registration at
274 the clerk's office during designated office hours if those persons, on voting day, will be legally
275 qualified and entitled to vote in a voting precinct in the county; and
276 (b) inform them that they will be registered to vote but may not vote in the pending
277 election because they registered too late.
278 [
279 [
280 [
281
282 Section 3. Section 20A-2-203 is amended to read:
283 20A-2-203. Satellite location -- Registration by satellite registrar.
284 (1) (a) Each county clerk shall designate at least one satellite location for voter registration
285 for every 25,000 people residing within the county.
286 (b) A county clerk may designate as many satellite locations as desired.
287 (2) (a) Any person who meets the voter registration requirements may register to vote with
288 a satellite registrar at any satellite location within the person's county of residence between 8 a.m.
289 and 8 p.m.:
290 (i) on the Friday and Monday [
291 before the regular primary election in counties holding a primary election;
292 (ii) on the Friday and Monday [
293 before the regular general election;
294 (iii) on the Friday and Monday [
295 before the municipal primary election in municipalities holding a municipal primary election; and
296 (iv) on the Friday and Monday [
297 before the municipal general election.
298 (b) Each satellite registrar shall register to vote all persons who:
299 (i) present themselves for registration; and
300 (ii) are legally qualified and entitled to vote in that voting precinct on election day.
301 (3) For municipal elections, the municipality in which the registration is made shall pay
302 the expenses of registration.
303 Section 4. Section 20A-3-306.5 is amended to read:
304 20A-3-306.5. Emergency absentee ballots.
305 (1) As used in this section, "hospitalized voter" means a registered voter who is
306 hospitalized or otherwise confined to a medical or long-term care institution after the deadline for
307 filing an application for an absentee ballot established in Section 20A-3-304 .
308 (2) Notwithstanding any other provision of this part, a hospitalized voter may obtain an
309 absentee ballot and vote on election day by following the procedures and requirements of this
310 section.
311 (3) (a) Any person may obtain an absentee ballot application, an absentee ballot, and an
312 absentee ballot envelope from the election officer on behalf of a hospitalized voter by requesting
313 a ballot and application in person at the election officer's office.
314 (b) The election officer shall require the person to sign a statement identifying himself and
315 the hospitalized voter.
316 (4) To vote, the hospitalized voter shall complete the absentee ballot application, complete
317 and sign the application on the absentee ballot envelope, mark his votes on the absentee ballot,
318 place the absentee ballot into the envelope, and seal the envelope.
319 (5) To be counted, the absentee voter application and the sealed absentee ballot envelope
320 must be returned to the election officer's office before the polls close on election day.
321 Section 5. Section 20A-4-401 is amended to read:
322 20A-4-401. Recounts -- Procedure.
323 [
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337 municipal general election, when any candidate loses by not more than a total of one vote per
338 voting precinct, [
339 officer within seven days of the canvass.
340 (b) The election officer shall:
341 (i) supervise the recount;
342 (ii) recount all ballots cast for that office;
343 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
344 3; and
345 (iv) declare elected the person receiving the highest number of votes on the recount.
346 [
347 the ballot may file a request for a recount with the appropriate election officer within seven days
348 of the canvass.
349 (b) The election officer shall:
350 (i) supervise the recount;
351 (ii) recount all ballots cast for that ballot proposition;
352 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
353 3; and
354 (iv) declare the ballot proposition to have "passed" or "failed" based upon the results of
355 the recount.
356 (c) Proponents and opponents of the ballot proposition may designate representatives to
357 witness the recount.
358 (d) The person or entity requesting the recount shall pay the costs of the recount.
359 [
360 the person requesting the recount.
361 Section 6. Section 20A-5-202 is amended to read:
362 20A-5-202. Satellite registrars -- Duties.
363 (1) Satellite registrars may administer oaths and affirmations and perform all other acts that
364 are necessary to fully accomplish the requirements of this part.
365 [
366 [
367 [
368
369 [
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371 [
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373 [
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375 [
376 (2) On the dates and at the times provided in Section 20A-2-203 , a satellite registrar shall
377 register to vote each person who is legally qualified and entitled to vote in that county on election
378 day.
379 (3) Each satellite registrar shall:
380 (a) provide voter registration applications for interested citizens;
381 (b) have maps available for determining precinct locations;
382 (c) assist citizens in completing the voter registration form;
383 (d) review completed voter registration forms to ensure that they are accurate and that the
384 applicant meets eligibility requirements;
385 (e) return the official proof of registration form to the voter; and
386 (f) deliver completed registration forms to the county clerk.
387 (4) The county clerk shall:
388 (a) record the new voters into the official register and posting list or prepare an addendum
389 of new voters for the official register and posting list; and
390 (b) before election day, deliver the official register, posting list, and addendum, if any, to
391 the election judges of each voting precinct.
392 (5) During the time voter registration is being held, satellite registrars may not display any
393 political signs, posters, or other designations of support for candidates, issues, or political parties
394 on the premises.
395 Section 7. Section 20A-5-303 is amended to read:
396 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
397 Combined voting precincts -- Counties.
398 (1) The county legislative body may establish, divide, abolish, and change voting precincts.
399 (2) (a) The county legislative body shall alter or divide voting precincts so that each voting
400 precinct contains not more than 1,000 active voters.
401 (b) The county legislative body shall:
402 (i) identify those precincts that may reach 1,000 active voters or become too large to
403 facilitate the election process; and
404 (ii) divide those precincts before February 1.
405 (3) The county legislative body may not:
406 (a) establish or abolish any voting precinct after February 1, of a regular general election
407 year; or
408 (b) alter or change the boundaries of any voting precinct after February 1, of a regular
409 general election year.
410 (4) For the purpose of balloting on regular primary or regular general election day, the
411 county legislative body may establish a common polling place for two or more whole voting
412 precincts according to the following requirements:
413 (a) the total population of the [
414 common polling place may not exceed 3,000 active voters;
415 (b) the [
416 the same legislative district; and
417 (c) the voting precincts [
418 location of, the common polling place shall be designated at least 90 days before the election.
419 (5) In addition to the authorizations contained in Subsection (4), in regular primary
420 elections only, the county legislative body may combine voting precincts, and use one set of
421 election judges for the combined precincts if the ballots for each of the combined precincts are
422 identical.
423 Section 8. Section 20A-7-202 is amended to read:
424 20A-7-202. Statewide initiative process -- Application procedures -- Time to gather
425 signatures -- Grounds for rejection.
426 (1) Persons wishing to circulate an initiative petition shall file an application with the
427 lieutenant governor.
428 (2) The application shall contain:
429 (a) the name and residence address of at least five sponsors of the initiative petition;
430 (b) a statement indicating that each of the sponsors:
431 (i) is a [
432 (ii) has voted in a regular general election in Utah within the last three years;
433 (c) the signature of each of the sponsors, attested to by a notary public; and
434 (d) a copy of the proposed law.
435 (3) The application and its contents are public when filed with the lieutenant governor.
436 (4) (a) The sponsors shall qualify the petition for the regular general election ballot no later
437 than the second regular general election after the application is filed.
438 (b) If the sponsors fail to qualify the petition for that ballot, the sponsors must:
439 (i) submit a new application;
440 (ii) obtain new signature sheets; and
441 (iii) collect signatures again.
442 (5) The lieutenant governor shall reject the application and not issue circulation sheets if:
443 (a) the law proposed by the initiative is patently unconstitutional;
444 (b) the law proposed by the initiative is nonsensical; or
445 (c) the proposed law could not become law if passed.
446 Section 9. Section 20A-7-203 is amended to read:
447 20A-7-203. Form of initiative petition and signature sheets.
448 (1) (a) Each proposed initiative petition shall be printed in substantially the following
449 form:
450 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
451 We, the undersigned citizens of Utah, respectfully demand that the following proposed law
452 be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
453 general election/session to be held/ beginning on the ____ day of ____, 19__;
454 Each signer says:
455 I have personally signed this petition;
456 I am registered to vote in Utah or intend to become registered to vote in Utah before the
457 certification of the petition names by the county clerk; and
458 My residence and post office address are written correctly after my name."
459 (b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
460 petition.
461 (2) Each signature sheet shall:
462 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
463 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
464 blank for the purpose of binding;
465 (c) contain the title of the initiative printed below the horizontal line;
466 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
467 the title of the initiative;
468 (e) contain, to the right of the word "Warning," the following statement printed or typed
469 in not less than eight-point, single leaded type:
470 "It is a class A misdemeanor for anyone to sign any initiative petition with any other name
471 than his own, or knowingly to sign his name more than once for the same measure, or to sign an
472 initiative petition when he knows he is not a registered voter and knows that he does not intend
473 to become registered to vote before the certification of the petition names by the county clerk.";
474 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
475 by this section; and
476 (g) be vertically divided into columns as follows:
477 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
478 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle
479 with the left subdivision entitled "Registered" and the right subdivision left untitled;
480 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
481 (must be legible to be counted)";
482 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
483 and
484 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
485 (3) The final page of each initiative packet shall contain the following printed or typed
486 statement:
487 "Verification
488 State of Utah, County of ____
489 I, _______________, of ____, hereby state that:
490 I am [
491 All the names that appear in this packet were signed by persons who professed to be the
492 persons whose names appear in it, and each of them signed his name on it in my presence;
493 I believe that each has printed and signed his name and written his post office address and
494 residence correctly, and that each signer is registered to vote in Utah or intends to become
495 registered to vote before the certification of the petition names by the county clerk.
496 ________________________________________________________________________
497 (Name) (Residence Address) (Date)"
498 (4) The forms prescribed in this section are not mandatory, and, if substantially followed,
499 the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
500 Section 10. Section 20A-7-205 is amended to read:
501 20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
502 (1) Any Utah voter may sign an initiative petition if the voter is a legal voter.
503 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
504 signed:
505 [
506 [
507 [
508 page of each initiative packet.
509 (3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
510 from the petition by submitting a notarized statement to that effect to the county clerk.
511 (ii) In order for the signature to be removed, the statement must be received by the county
512 clerk before he delivers the petition to the lieutenant governor.
513 (b) Upon receipt of the statement, the county clerk shall remove the signature of the person
514 submitting the statement from the initiative petition.
515 (c) No one may remove signatures from an initiative petition after the petition is submitted
516 to the lieutenant governor.
517 Section 11. Section 20A-7-206 is amended to read:
518 20A-7-206. Submitting the initiative petition -- Certification of signatures by the
519 county clerks -- Transfer to lieutenant governor.
520 (1) In order to qualify an initiative petition for placement on the regular general election
521 ballot, the sponsors shall deliver each signed and verified initiative packet to the county clerk of
522 the county in which the packet was circulated by the June 1 before the regular general election.
523 (2) No later than June 15 before the regular general election, the county clerk shall:
524 (a) check the names of all persons completing the verification for the initiative packet to
525 determine whether or not those persons are [
526 (b) submit the name of each of those persons who is not registered to vote in Utah to the
527 attorney general and county attorney.
528 (3) No later than July 1 before the regular general election, the county clerk shall:
529 (a) check all the names of the signers against the official registers to determine whether
530 or not the signer is a registered voter;
531 (b) certify on the petition whether or not each name is that of a registered voter; and
532 (c) deliver all of the packets to the lieutenant governor.
533 (4) In order to qualify an initiative petition for submission to the Legislature, the sponsors
534 shall deliver each signed and verified initiative packet to the county clerk of the county in which
535 the packet was circulated by the November 15 before the annual general session of the Legislature.
536 (5) No later than December 1 before the annual general session of the Legislature, the
537 county clerk shall:
538 (a) check the names of all persons completing the verification for the initiative packet to
539 determine whether or not those persons are Utah residents; and
540 (b) submit the name of each of those persons who is not a Utah resident to the attorney
541 general and county attorney.
542 (6) No later than December 15 before the annual general session of the Legislature, the
543 county clerk shall:
544 (a) check all the names of the signers against the official registers to determine whether
545 or not the signer is a registered voter;
546 (b) certify on the petition whether or not each name is that of a registered voter; and
547 (c) deliver all of the packets to the lieutenant governor.
548 [
549 [
550 county clerks once they have submitted them.
551 Section 12. Section 20A-7-213 is amended to read:
552 20A-7-213. Misconduct of electors and officers -- Penalty.
553 (1) It is unlawful for any person to:
554 (a) sign any name other than his own to any initiative petition;
555 (b) knowingly sign his name more than once for the same measure at one election;
556 (c) sign an initiative knowing he is not a legal voter; or
557 (d) knowingly and willfully violate any provision of this part.
558 (2) It is unlawful for any person to sign the verification for an initiative packet knowing
559 that:
560 [
561 [
562 [
563 initiative packet; or
564 [
565 (i) not registered to vote in Utah; or
566 (ii) does not intend to become registered to vote in Utah.
567 (3) Any person violating this section is guilty of a class A misdemeanor.
568 (4) The attorney general or the county attorney shall prosecute any violation of this section.
569 Section 13. Section 20A-7-303 is amended to read:
570 20A-7-303. Form of referendum petition and signature sheets.
571 (1) (a) Each proposed referendum petition shall be printed in substantially the following
572 form:
573 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
574 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
575 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here the
576 part or parts on which the referendum is sought), passed by the ____ Session of the Legislature of
577 the state of Utah, be referred to the people of Utah for their approval or rejection at a regular
578 general election or a statewide special election;
579 Each signer says:
580 I have personally signed this petition;
581 I am registered to vote in Utah or intend to become registered to vote in Utah before the
582 certification of the petition names by the county clerk; and
583 My residence and post office address are written correctly after my name."
584 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
585 referendum to each referendum petition.
586 (2) Each signature sheet shall:
587 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
588 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
589 blank for the purpose of binding;
590 (c) contain the title of the referendum printed below the horizontal line;
591 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
592 the title of the referendum;
593 (e) contain, to the right of the word "Warning," the following statement printed or typed
594 in not less than eight-point, single leaded type:
595 "It is a class A misdemeanor for anyone to sign any referendum petition with any other
596 name than his own, or knowingly to sign his name more than once for the same measure, or to sign
597 a referendum petition when he knows he is not a registered voter and knows that he does not intend
598 to become registered to vote before the certification of the petition names by the county clerk.";
599 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
600 by this section; and
601 (g) be vertically divided into columns as follows:
602 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
603 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
604 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
605 (must be legible to be counted)";
606 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
607 and
608 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
609 (3) The final page of each referendum packet shall contain the following printed or typed
610 statement:
611 "Verification
612 State of Utah, County of ____
613 I, _______________, of ____, hereby state that:
614 I am [
615 All the names that appear in this packet were signed by persons who professed to be the
616 persons whose names appear in it, and each of them signed his name on it in my presence;
617 I believe that each has printed and signed his name and written his post office address and
618 residence correctly, and that each signer is registered to vote in Utah or intends to become
619 registered to vote before the certification of the petition names by the county clerk.
620 ________________________________________________________________________
621 (Name) (Residence Address) (Date)"
622 (4) The forms prescribed in this section are not mandatory, and, if substantially followed,
623 the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
624 Section 14. Section 20A-7-305 is amended to read:
625 20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
626 (1) Any Utah voter may sign a referendum petition if the voter is a legal voter.
627 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
628 signed:
629 [
630 [
631 [
632 page of each signature sheet.
633 (3) (a) (i) Any voter who has signed a referendum petition may have his signature removed
634 from the petition by submitting a notarized statement to that effect to the county clerk.
635 (ii) In order for the signature to be removed, the statement must be received by the county
636 clerk before he delivers the petition to the lieutenant governor.
637 (b) Upon receipt of the statement, the county clerk shall remove the signature of the person
638 submitting the statement from the referendum petition.
639 (c) No one may remove signatures from a referendum petition after the petition is
640 submitted to the lieutenant governor.
641 Section 15. Section 20A-7-306 is amended to read:
642 20A-7-306. Submitting the referendum petition -- Certification of signatures by the
643 county clerks -- Transfer to lieutenant governor.
644 (1) No later than 40 days after the end of the legislative session at which the law passed,
645 the sponsors shall deliver each signed and verified referendum packet to the county clerk of the
646 county in which the packet was circulated.
647 (2) No later than 55 days after the end of the legislative session at which the law passed,
648 the county clerk shall:
649 (a) check the names of all persons completing the verification on the back of each
650 signature sheet to determine whether or not those persons are [
651 and
652 (b) submit the name of each of those persons who is not [
653 resident to the attorney general and county attorney.
654 (3) No later than 55 days after the end of the legislative session at which the law passed,
655 the county clerk shall:
656 (a) check all the names of the signers against the official registers to determine whether
657 or not the signer is a voter;
658 (b) certify on the referendum petition whether or not each name is that of a voter; and
659 (c) deliver all of the referendum packets to the lieutenant governor.
660 Section 16. Section 20A-7-312 is amended to read:
661 20A-7-312. Misconduct of electors and officers -- Penalty.
662 (1) It is unlawful for any person to:
663 (a) sign any name other than his own to any referendum petition;
664 (b) knowingly sign his name more than once for the same measure at one election;
665 (c) sign a referendum knowing he is not a legal voter; or
666 (d) knowingly and willfully violate any provision of this part.
667 (2) It is unlawful for any person to sign the verification for a referendum packet knowing
668 that:
669 [
670 [
671 [
672 referendum packet; or
673 [
674 (i) not registered to vote in Utah; or
675 (ii) does not intend to become registered to vote in Utah.
676 (3) Any person violating this section is guilty of a class A misdemeanor.
677 (4) The attorney general or the county clerk shall prosecute any violation of this section.
678 Section 17. Section 20A-7-503 is amended to read:
679 20A-7-503. Form of initiative petitions and signature sheets.
680 (1) (a) Each proposed initiative petition shall be printed in substantially the following
681 form:
682 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
683 Clerk:
684 We, the undersigned citizens of Utah, respectfully demand that the following proposed law
685 be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal
686 voters of the county/city/town, if the legislative body rejects the proposed law or takes no action
687 on it.
688 Each signer says:
689 I have personally signed this petition;
690 I am registered to vote in Utah or intend to become registered to vote in Utah before the
691 certification of the petition names by the county clerk; and
692 My residence and post office address are written correctly after my name."
693 (b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
694 petition.
695 (2) Each signature sheet shall:
696 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
697 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
698 blank for the purpose of binding;
699 (c) contain the title of the initiative printed below the horizontal line;
700 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
701 the title of the initiative;
702 (e) contain, to the right of the word "Warning," the following statement printed or typed
703 in not less than eight-point, single leaded type:
704 "It is a class A misdemeanor for anyone to sign any initiative petition with any other name
705 than his own, or knowingly to sign his name more than once for the same measure, or to sign an
706 initiative petition when he knows he is not a registered voter and knows that he does not intend
707 to become registered to vote before the certification of the petition names by the county clerk.";
708 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
709 by this section;
710 (g) be vertically divided into columns as follows:
711 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
712 headed with "For Office Use Only", and be subdivided with a light vertical line down the middle
713 with the left subdivision entitled "Registered" and the right subdivision left untitled;
714 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
715 (must be legible to be counted)";
716 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
717 and
718 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
719 and
720 (h) contain the following statement, printed or typed upon the back of each sheet:
721 "Verification
722 State of Utah, County of ____
723 I, _______________, of ____, hereby state that:
724 I am [
725 All the names that appear on this sheet were signed by persons who professed to be the
726 persons whose names appear in it, and each of them signed his name on it in my presence;
727 I believe that each has printed and signed his name and written his post office address and
728 residence correctly, and that each signer is registered to vote in Utah or intends to become
729 registered to vote before the certification of the petition names by the county clerk.
730 _____________________________"
731 (3) The forms prescribed in this section are not mandatory, and, if substantially followed,
732 the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
733 Section 18. Section 20A-7-505 is amended to read:
734 20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
735 (1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
736 resides in the local jurisdiction.
737 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
738 signed:
739 [
740 [
741 [
742 of each signature sheet.
743 (3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
744 from the petition by submitting a notarized statement to that effect to the local clerk.
745 (ii) In order for the signature to be removed, the statement must be received by the local
746 clerk before he delivers the petition to the county clerk to be certified.
747 (b) Upon receipt of the statement, the local clerk shall remove the signature of the person
748 submitting the statement from the initiative petition.
749 (c) No one may remove signatures from an initiative petition after the petition is submitted
750 to the county clerk to be certified.
751 Section 19. Section 20A-7-506 is amended to read:
752 20A-7-506. Submitting the initiative petition -- Certification of signatures by the
753 county clerks -- Transfer to local clerk.
754 (1) No later than 120 days before any regular general election, for county initiatives, or
755 municipal general election, for municipal initiatives, the sponsors shall deliver each signed and
756 verified initiative packet to the county clerk of the county in which the packet was circulated.
757 (2) No later than 90 days before any general election, the county clerk shall:
758 (a) check the names of all persons completing the verification on the back of each
759 signature sheet to determine whether or not those persons are [
760 Utah; and
761 (b) submit the name of each of those persons who is [
762 resident to the attorney general and county attorney.
763 (3) No later than 60 days before any general election, the county clerk shall:
764 (a) check all the names of the signers against the official registers to determine whether
765 or not the signer is a voter;
766 (b) certify on the petition whether or not each name is that of a voter; and
767 (c) deliver all of the packets to the local clerk.
767a S Section 20. Section 20A-7-601 is amended to read:
767b 20A-7-601Referenda -- Signature requirements -- Time requirements.
767c (1) [
767d the local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
767e (a) 10% of all the votes cast in the county, city, or town for all candidates for governor at the
767f last election at which a governor was elected if the total number of votes exceeds 25,000; s
767g S (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for governor at
767h the last election at which a governor was elected if the total number of votes does not exceed 25,000
767i but is more than 10,000;
767j (c) 15% of all the votes cast in the county, city, or town for all candidates for governor at the
767k last election at which a governor was elected if the total number of votes does not exceed 10,000 but
767l is more than 2,500;
767m (d) 20% of all the votes cast in the county, city, or town for all candidates for governor at the
767n last election at which a governor was elected if the total number of votes does not exceed 2,500 but is
767o more than 500;
767p (e) 25% of all the votes cast in the county, city, or town for all candidates for governor at the
767q last election at which a governor was elected if the total number of votes does not exceed 500 but is
767r more than 250; and
767s (f) 30% of all the votes cast in the county, city, or town for all candidates for governor at the
767t last election at which a governor was elected if the total number of votes does not exceed 250.
767u (2) (a) AS USED IN THIS SUBSECTION (2), "LAND USE LAW" INCLUDES A LAND USE
767v DEVELOPMENT CODE, AN ANNEXATION ORDINANCE, AND COMPREHENSIVE ZONING
767w ORDINANCES.
767x (b) A PERSON SEEKING TO HAVE A LAND USE LAW PASSED BY THE LOCAL LEGISLATIVE
767y BODY SUBMITTED TO A VOTE OF THE PEOPLE SHALL OBTAIN LEGAL SIGNATURES EQUAL TO:
767z (i) IN COUNTIES AND FIRST AND SECOND CLASS CITIES, 20% OF ALL VOTES CAST IN THE
767aa COUNTY OR CITY FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST ELECTION AT WHICH A
767ab GOVERNOR WAS ELECTED; AND
767ac (ii) IN THIRD CLASS CITIES AND TOWNS, 35% OF ALL THE VOTES CAST IN THE CITY OR
767ad TOWN FOR ALL CANDIDATES FOR GOVERNOR AT THE LAST ELECTION AT WHICH A GOVERNOR
767ae WAS ELECTED.
767af (3) (a) Sponsors of any referendum petition challenging UNDER SUBSECTIONS (1) OR (2) any
767ag local law passed by a local legislative body shall file the petition within 35 days after the passage of
767ah the local law.
767ai (b) The local law remains in effect until repealed by the voters via referendum.
767aj [
767ak as of the date of the election. s
768 Section S [
769 20A-7-603. Form of referendum petition and signature sheets.
770 (1) (a) Each proposed referendum petition shall be printed in substantially the following
771 form:
772 "REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
773 Clerk:
774 We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
775 (title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the
776 part or parts on which the referendum is sought), passed by the ____ be referred to the voters for
777 their approval or rejection at the regular/municipal general election to be held on the ____ day of
778 ____, 19__;
779 Each signer says:
780 I have personally signed this petition;
781 I am registered to vote in Utah or intend to become registered to vote in Utah before the
782 certification of the petition names by the county clerk; and
783 My residence and post office address are written correctly after my name."
784 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
785 referendum to each referendum petition.
786 (2) Each signature sheet shall:
787 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
788 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
789 blank for the purpose of binding;
790 (c) contain the title of the referendum printed below the horizontal line;
791 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
792 the title of the referendum;
793 (e) contain, to the right of the word "Warning," the following statement printed or typed
794 in not less than eight-point, single leaded type:
795 "It is a class A misdemeanor for anyone to sign any referendum petition with any other
796 name than his own, or knowingly to sign his name more than once for the same measure, or to sign
797 a referendum petition when he knows he is not a registered voter and knows that he does not intend
798 to become registered to vote before the certification of the petition names by the county clerk.";
799 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
800 by this section;
801 (g) be vertically divided into columns as follows:
802 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
803 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
804 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
805 (must be legible to be counted)";
806 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
807 and
808 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
809 and
810 (h) contain the following statement, printed or typed upon the back of each sheet:
811 "Verification
812 State of Utah, County of ____
813 I, _______________, of ____, hereby state that:
814 I am [
815 All the names that appear on this sheet were signed by persons who professed to be the
816 persons whose names appear in it, and each of them signed his name on it in my presence;
817 I believe that each has printed and signed his name and written his post office address and
818 residence correctly, and that each signer is registered to vote in Utah or intends to become
819 registered to vote before the certification of the petition names by the county clerk.
820 _____________________________"
821 (3) The forms prescribed in this section are not mandatory, and, if substantially followed,
822 the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
823 Section 21. Section 20A-7-605 is amended to read:
824 20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
825 (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
826 resides in the local jurisdiction.
827 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
828 signed:
829 [
830 [
831 [
832 of each signature sheet.
833 (3) (a) (i) Any voter who has signed a referendum petition may have his signature removed
834 from the petition by submitting a notarized statement to that effect to the local clerk.
835 (ii) In order for the signature to be removed, the statement must be received by the local
836 clerk before he delivers the petition to the county clerk to be certified.
837 (b) Upon receipt of the statement, the local clerk shall remove the signature of the person
838 submitting the statement from the referendum petition.
839 (c) No one may remove signatures from a referendum petition after the petition is
840 submitted to the county clerk to be certified.
841 Section 22. Section 20A-7-606 is amended to read:
842 20A-7-606. Submitting the referendum petition -- Certification of signatures by the
843 county clerks -- Transfer to local clerk.
844 (1) No later than 120 days before any regular general election for county referenda, or
845 municipal general election for local referenda, the sponsors shall deliver each signed and verified
846 referendum packet to the county clerk of the county in which the packet was circulated.
847 (2) No later than 90 days before any general election, the county clerk shall:
848 (a) check the names of all persons completing the verification on the back of each
849 signature sheet to determine whether or not those persons are [
850 and
851 (b) submit the name of each of those persons who is not [
852 resident to the attorney general and county attorney.
853 (3) No later than 60 days before any general election, the county clerk shall:
854 (a) check all the names of the signers against the official registers to determine whether
855 or not the signer is a voter;
856 (b) certify on the referendum petition whether or not each name is that of a voter; and
857 (c) deliver all of the referendum packets to the local clerk.
858 Section 23. Section 20A-8-103 is amended to read:
859 20A-8-103. Petition procedures.
860 (1) As used in this section, the proposed name or emblem of a registered political party
861 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
862 difference between the proposed name or emblem and any name or emblem currently being used
863 by another registered political party.
864 (2) To become a registered political party, an organization of registered voters that is not
865 a continuing political party shall:
866 (a) circulate a petition seeking registered political party status beginning no earlier than
867 the date of the statewide canvass held after the last regular general election and ending no later
868 than the February 15 of the year in which the next regular general election will be held; and
869 (b) file a petition with the lieutenant governor that is signed by at least 2,000 registered
870 voters on or before February 15 of the year in which a regular general election will be held.
871 (3) The petition shall:
872 (a) state that the signers are or desire to become members of the designated party or group;
873 (b) state the name, which may not exceed four words, and identify the emblem of the party
874 or group;
875 (c) state the process that the organization will follow to organize and adopt a constitution
876 and bylaws; and
877 (d) be signed by a filing officer, who agrees to receive communications on behalf of the
878 organization.
879 (4) The lieutenant governor shall:
880 (a) determine whether or not the required number of voters appears on the petition;
881 (b) review the proposed name and emblem to determine if they are "distinguishable" from
882 the names and emblems of other registered political parties; and
883 (c) certify his findings to the filing officer of the group within 30 days of the filing of the
884 petition.
885 (5) (a) If the lieutenant governor determines that the petition meets the requirements of this
886 section, and that the proposed name and emblem are distinguishable, he shall authorize the filing
887 officer to organize the prospective political party.
888 (b) If the lieutenant governor finds that the name, emblem, or both are not distinguishable
889 from the names and emblems of other registered political parties, the lieutenant governor shall
890 notify the filing officer that he has seven days to submit a new name or emblem to the lieutenant
891 governor.
892 (6) A registered political party may not change its name or emblem during the regular
893 general election cycle.
894 Section 24. Section 20A-9-201 is amended to read:
895 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
896 more than one political party prohibited -- General filing and form requirements.
897 (1) Before filing a declaration of candidacy for election to any office, a person shall:
898 (a) be a United States citizen; and
899 (b) meet the legal requirements of that office.
900 (2) S [
901 S [
902 during any election year; or
903 S [
904 S [
904a h [ more than one
905 office] TWO OFFICES h during an election year if one of those offices is President or Vice
905a
905a of the United
906 States.
907 (3) If the final date established for filing a declaration of candidacy is a Saturday or
908 Sunday, the filing time shall be extended until 5 p.m. on the following Monday.
909 (4) (a) (i) Before the filing officer may accept any declaration of candidacy, the filing
910 officer shall:
911 (A) read to the prospective candidate the constitutional and statutory qualification
912 requirements for the office that the candidate is seeking; and
913 (B) require the candidate to state whether or not the candidate meets those requirements.
914 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
915 county clerk shall ensure that the person filing that declaration of candidacy is:
916 (A) a United States citizen;
917 (B) an attorney licensed to practice law in Utah who is an active member in good standing
918 of the Utah State Bar;
919 (C) a registered voter in the county in which he is seeking office; and
920 (D) a current resident of the county in which he is seeking office and either has been a
921 resident of that county for at least one year or was appointed and is currently serving as county
922 attorney and became a resident of the county within 30 days after appointment to the office.
923 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
924 county clerk shall ensure that, as of the date of the election, the person filing that declaration of
925 candidacy is:
926 (A) a United States citizen;
927 (B) an attorney licensed to practice law in Utah who is an active member in good standing
928 of the Utah State Bar;
929 (C) a registered voter in the prosecution district in which he is seeking office; and
930 (D) a current resident of the prosecution district in which he is seeking office and either
931 will have been a resident of that prosecution district for at least one year as of the date of the
932 election or was appointed and is currently serving as district attorney and became a resident of the
933 prosecution district within 30 days after receiving appointment to the office.
934 (b) If the prospective candidate states that he does not meet the qualification requirements
935 for the office, the filing officer may not accept the prospective candidate's declaration of candidacy.
936 (c) If the candidate states that he meets the requirements of candidacy, the filing officer
937 shall:
938 (i) accept the candidate's declaration of candidacy; and
939 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
940 declaration of candidacy to the chair of the county or state political party of which the candidate
941 is a member.
942 (5) The form of the declaration of candidacy shall be substantially as follows:
943 "State of Utah, County of ____
944 I, ______________, declare my intention of becoming a candidate for the office of ____
945 as a candidate for the ____ party. I do solemnly swear that: I can qualify to hold that office, both
946 legally and constitutionally, if selected; I reside at _____________ in the City or Town of ____,
947 Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing campaigns
948 and elections; and I will qualify for the office if elected to it. The mailing address that I designate
949 for receiving official election notices is ___________________________.
950 ____________________________________________________________________
951 Subscribed and sworn before me this ____ day of ____, 19__.
952
Notary Public (or other officer qualified to administer oath.)"
953 (6) (a) The fee for filing a declaration of candidacy is:
954 (i) $25 for candidates for the local school district board; and
955 (ii) 1/8 of 1% of the total salary for the full term of office legally paid to the person holding
956 the office, but not less than $5, for all other federal, state, and county offices.
957 (b) The filing officer shall refund the filing fee to any candidate:
958 (i) who is disqualified; or
959 (ii) who the filing officer determines has filed improperly.
960 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received from
961 candidates.
962 (ii) The lieutenant governor shall:
963 (A) apportion to and pay to the county treasurers of the various counties all fees received
964 for filing of nomination certificates or acceptances; and
965 (B) ensure that each county receives that proportion of the total amount paid to the
966 lieutenant governor from the congressional district that the total vote of that county for all
967 candidates for representative in Congress bears to the total vote of all counties within the
968 congressional district for all candidates for representative in Congress.
969 (d) (i) Each person who is unable to pay the filing fee may file a declaration of candidacy
970 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
971 impecuniosity filed with the filing officer.
972 (ii) The filing officer shall ensure that the affidavit of impecuniosity is printed in
973 substantially the following form:
974 "Affidavit of Impecuniosity
975 Individual Name ____________________________Address_____________________________
976 Phone Number _________________
977 I,__________________________(name), do solemnly [swear] [affirm] that, owing to my poverty,
978 I am unable to pay the filing fee required by law.
979 Date ______________ Signature________________________________________________
980 Affiant
981 Subscribed and sworn to before me on ___________(date)
982
______________________
983
(signature)
984 Name and Title of Officer Authorized to Administer Oath:"
985 (7) Any person who fails to file a declaration of candidacy or certificate of nomination
986 within the time provided in this chapter is ineligible for nomination to office.
987 Section 25. Section 20A-9-202 is amended to read:
988 20A-9-202. Declarations of candidacy for regular general elections -- Requirements
989 for candidates.
990 (1) (a) Each person seeking to become a candidate for elective office for any county office
991 that is to be filled at the next regular general election shall:
992 (i) file a declaration of candidacy in person with the county clerk between the March 7 and
993 before 5 p.m. on the March 17 before the next regular general election; and
994 (ii) pay the filing fee.
995 (b) Each person intending to become a candidate for any legislative office or multicounty
996 office that is to be filled at the next regular general election shall:
997 (i) file a declaration of candidacy in person with either the lieutenant governor or the
998 county clerk in the candidate's county of residence between the March 7 and before 5 p.m. on the
999 March 17 before the next regular general election; and
1000 (ii) pay the filing fee.
1001 (c) (i) Each county clerk who receives a declaration of candidacy from a candidate for
1002 multicounty office shall transmit the filing fee and a copy of the candidate's declaration of
1003 candidacy to the lieutenant governor within one working day after it is filed.
1004 (ii) Each day during the filing period, each county clerk shall notify the lieutenant governor
1005 electronically or by telephone of legislative candidates who have filed in their office.
1006 (d) Each person seeking to become a candidate for elective office for any federal office or
1007 constitutional office that is to be filled at the next regular general election shall:
1008 (i) file a declaration of candidacy in person with the lieutenant governor between the
1009 March 7 and before 5 p.m. on the March 17 before the next regular general election; and
1010 (ii) pay the filing fee.
1011 (e) Each person seeking the office of lieutenant governor, the office of district attorney,
1012 or the office of President or Vice President of the United States shall comply with the specific
1013 declaration of candidacy requirements established by this section.
1014 (2) (a) Each person intending to become a candidate for the office of district attorney
1015 within a multicounty prosecution district that is to be filled at the next regular general election
1016 shall:
1017 (i) file a declaration of candidacy with the clerk designated in the interlocal agreement
1018 creating the prosecution district between the March 7 and before 5 p.m. on the March 17 before
1019 the next regular general election; and
1020 (ii) pay the filing fee.
1021 (b) The designated clerk shall provide to the county clerk of each county in the prosecution
1022 district a certified copy of each declaration of candidacy filed for the office of district attorney.
1023 (3) (a) Within five working days of nomination, each lieutenant governor candidate shall:
1024 (i) file a declaration of candidacy with the lieutenant governor; and
1025 (ii) pay the filing fee.
1026 (b) (i) Any candidate for lieutenant governor who fails to file within five working days is
1027 disqualified.
1028 (ii) If a lieutenant governor is disqualified, another candidate shall be nominated to replace
1029 the disqualified candidate.
1030 (4) Each registered political party shall:
1031 (a) certify the names of its candidates for President and Vice President of the United States
1032 to the lieutenant governor by August 30; or
1033 (b) provide written authorization for the lieutenant governor to accept the certification of
1034 candidates for President and Vice President of the United States from the national office of the
1035 registered political party.
1036 (5) (a) A declaration of candidacy filed under this section is valid unless a written
1037 objection is filed with the clerk or lieutenant governor within five days after the last day for filing.
1038 (b) If an objection is made, the clerk or lieutenant governor shall:
1039 (i) mail or personally deliver notice of the objection to the affected candidate immediately;
1040 and
1041 (ii) decide any objection within 48 hours after it is filed.
1042 (c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the
1043 problem by amending the declaration or petition within three days after the objection is sustained
1044 or by filing a new declaration within three days after the objection is sustained.
1045 (d) (i) The clerk's or lieutenant governor's decision upon objections to form is final.
1046 (ii) The clerk's or lieutenant governor's decision upon substantive matters is reviewable
1047 by a district court if prompt application is made to the court.
1048 (iii) The decision of the district court is final unless the Supreme Court, in the exercise of
1049 its discretion, agrees to review the lower court decision.
1050 (6) Any person who filed a declaration of candidacy may withdraw as a candidate by filing
1051 a written affidavit with the clerk.
1052 Section 26. Section 20A-9-502 is amended to read:
1053 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification.
1054 (1) The candidate shall:
1055 (a) prepare a certificate of nomination in substantially the following form:
1056 "State of Utah, County of
___________________________________________________
1057 I, ______________, declare my intention of becoming an unaffiliated candidate for the
1058 political group designated as ____ for the office of ____. I do solemnly swear that I can qualify
1059 to hold that office both legally and constitutionally if selected, and that I reside at ____ Street, in
1060 the city of ____, county of ____, state of Utah, zip code ____, phone ____, and that I am
1061 providing, or have provided, the required number of signatures of registered voters required by
1062 law; that as a candidate at the next election I will not knowingly violate any election or campaign
1063 law, and that I will qualify for the office if I am elected to it.
1064
__________________________________________
1065
Subscribed and sworn to before me this ____ day of _______, 19__.
1066
__________________________________________
1067
Notary Public (or other officer
1068
qualified to administer oaths)"; and
1069 (b) attach signature sheets to the certificate that contain a place for the registered voter's
1070 signature, a place for the registered voter to print his name, and a place for the registered voter's
1071 address.
1072 (2) (a) The candidate shall circulate the nomination petition and submit it to the county
1073 clerk for certification when the petition has been completed by:
1074 (i) at least [
1075 for an office to be filled by the voters of the entire state; or
1076 (ii) at least [
1077 nomination is for an office to be filled by the voters of any political division smaller than the state.
1078 (b) In reviewing the petition, the county clerk shall count and certify only those persons
1079 who signed the petition who:
1080 (i) are registered voters within the political division that the candidate seeks to represent;
1081 and
1082 (ii) did not sign any other certificate of nomination for that office.
1083 (c) The candidate may supplement or amend the certificate of nomination at any time on
1084 or before the filing deadline.
1085 Section 27. Section 20A-9-503 is amended to read:
1086 20A-9-503. Certificate of nomination -- Filing.
1087 (1) After the certificate of nomination has been certified, executed, and acknowledged by
1088 the county clerk, the candidate shall:
1089 (a) between March 7 and March 17 of the year in which the regular general election will
1090 be held, file the petition in person with:
1091 (i) the lieutenant governor, if the office the candidate seeks is a constitutional office or a
1092 federal office; or
1093 (ii) the county clerk, if the office the candidate seeks is a county office; and
1094 (iii) pay the filing fee; or
1095 (b) not later than the sixth Tuesday before the primary election date, file the petition in
1096 person with:
1097 (i) the municipal clerk, if the candidate seeks an office in a city or town;
1098 (ii) the special district clerk, if the candidate seeks an office in a special district; and
1099 (iii) pay the filing fee.
1100 (2) (a) At the time of filing, and before accepting the petition, the filing officer shall read
1101 the constitutional and statutory requirements for candidacy to the candidate.
1102 (b) If the candidate states that he does not meet the requirements, the filing officer may not
1103 accept the petition.
1104 (3) Persons filing a certificate of nomination for President of the United States under this
1105 section shall pay a filing fee of $500.
1106 Section 28. Section 20A-11-101 is amended to read:
1107 20A-11-101. Definitions.
1108 As used in this chapter:
1109 (1) "Address" means the number and street where an individual resides or where a
1110 reporting entity has its principal office.
1111 (2) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1112 amendments, and any other ballot propositions submitted to the voters that are authorized by the
1113 Utah Code Annotated 1953.
1114 (3) "Candidate" means any person who:
1115 (a) files a declaration of candidacy for a public office; or
1116 (b) receives contributions, makes expenditures, or gives consent for any other person to
1117 receive contributions or make expenditures to bring about the person's nomination or election to
1118 a public office.
1119 (4) "Chief election officer" means:
1120 (a) the lieutenant governor for state office candidates, legislative office candidates,
1121 officeholders, political parties, political action committees, corporations, political issues
1122 committees, and state school board candidates; and
1123 (b) the county clerk for local school board candidates.
1124 (5) "Continuing political party" means an organization of voters that participated in the last
1125 regular general election and polled a total vote equal to 2% or more of the total votes cast for all
1126 candidates for the United States House of Representatives.
1127 (6) (a) "Contribution" means any of the following when done for political purposes:
1128 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value
1129 given to the filing entity;
1130 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1131 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything
1132 of value to the filing entity;
1133 (iii) any transfer of funds from another reporting entity or a corporation to the filing entity;
1134 (iv) compensation paid by any person or reporting entity other than the filing entity for
1135 personal services provided without charge to the filing entity;
1136 (v) remuneration from any organization or its directly affiliated organization that has a
1137 registered lobbyist to compensate a legislator for a loss of salary or income while the Legislature
1138 is in session;
1139 (vi) salaries or other remuneration paid to a legislator by any agency or subdivision of the
1140 state, including school districts, for the period the Legislature is in session; and
1141 (vii) goods or services provided to or for the benefit of the filing entity at less than fair
1142 market value.
1143 (b) "Contribution" does not include:
1144 (i) services provided without compensation by individuals volunteering a portion or all of
1145 their time on behalf of the filing entity; or
1146 (ii) money lent to the filing entity by a financial institution in the ordinary course of
1147 business.
1148 (7) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1149 organization that is registered as a corporation or is authorized to do business in a state and makes
1150 any expenditure from corporate funds for:
1151 (i) political purposes; or
1152 (ii) the purpose of influencing the approval or the defeat of any ballot proposition.
1153 (b) "Corporation" does not mean:
1154 (i) a business organization's political action committee or political issues committee; or
1155 (ii) a business entity organized as a partnership or a sole proprietorship.
1156 (8) "Detailed listing" means:
1157 (a) for each contribution or public service assistance:
1158 (i) the name and address of the individual or source making the contribution or public
1159 service assistance;
1160 (ii) the amount or value of the contribution or public service assistance; and
1161 (iii) the date the contribution or public service assistance was made; and
1162 (b) for each expenditure:
1163 (i) the amount of the expenditure;
1164 (ii) the person or entity to whom it was disbursed;
1165 (iii) the specific purpose, item, or service acquired by the expenditure; and
1166 (iv) the date the expenditure was made.
1167 (9) "Election" means each:
1168 (a) regular general election;
1169 (b) regular primary election; and
1170 (c) special election at which candidates are eliminated and selected.
1171 (10) (a) "Expenditure" means:
1172 (i) any disbursement from contributions, receipts, or from the separate bank account
1173 required by this chapter;
1174 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or
1175 anything of value made for political purposes;
1176 (iii) an express, legally enforceable contract, promise, or agreement to make any purchase,
1177 payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for
1178 political purposes;
1179 (iv) compensation paid by a corporation or filing entity for personal services rendered by
1180 a person without charge to a reporting entity;
1181 (v) a transfer of funds between the filing entity and a candidate's personal campaign
1182 committee; or
1183 (vi) goods or services provided by the filing entity to or for the benefit of another reporting
1184 entity for political purposes at less than fair market value.
1185 (b) "Expenditure" does not include:
1186 (i) services provided without compensation by individuals volunteering a portion or all of
1187 their time on behalf of a reporting entity;
1188 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1189 business; or
1190 (iii) anything listed in Subsection (5)(a) that is given by a corporation or reporting entity
1191 to candidates for office or officeholders in states other than Utah.
1192 (11) "Filing entity" means the reporting entity that is filing a report required by this
1193 chapter.
1194 (12) "Financial statement" includes any summary report, interim report, or other statement
1195 disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this
1196 chapter.
1197 (13) "Governing board" means the individual or group of individuals that determine the
1198 candidates and committees that will receive expenditures from a political action committee.
1198a S (14) "INCORPORATION" MEANS THE PROCESS ESTABLISHED BY TITLE 10, CHAPTER 2,
1198b PART 1, INCORPORATION, BY WHICH A GEOGRAPHICAL AREA BECOMES LEGALLY RECOGNIZED
1198c AS A CITY OR TOWN.
1198d (15) "INCORPORATION ELECTION" MEANS THE ELECTION AUTHORIZED BY SECTION
1198e 10-2-111.
1198f (16) "INCORPORATION PETITION" MEANS A PETITION AUTHORIZED BY SECTION 10-2-109. s
1199 S [
1200 S [
1201 expenditures made since the last report.
1202 S [
1203 the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of
1204 any party caucus in either house of the Legislature.
1205 (17) "Legislative office candidate" means a person who:
1206 (a) files a declaration of candidacy for the office of state senator or state representative;
1207 (b) declares himself to be a candidate for, or actively campaigns for, the position of
1208 speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant
1209 whip of any party caucus in either house of the Legislature; and
1210 (c) receives contributions, makes expenditures, or gives consent for any other person to
1211 receive contributions or make expenditures to bring about the person's nomination or election to
1212 a legislative office.
1213 (18) "Newly registered political party" means an organization of voters that has complied
1214 with the petition and organizing procedures of this chapter to become a registered political party.
1215 (19) "Officeholder" means a person who holds a public office.
1216 (20) "Party committee" means any committee organized by or authorized by the governing
1217 board of a registered political party.
1218 (21) "Person" means both natural and legal persons, including individuals, business
1219 organizations, personal campaign committees, party committees, political action committees,
1220 political issues committees, labor unions, and labor organizations.
1221 (22) "Personal campaign committee" means the committee appointed by a candidate to act
1222 for the candidate as provided in this chapter.
1223 (23) (a) "Political action committee" means an entity, or any group of individuals or
1224 entities within or outside this state, that solicits or receives contributions from any other person,
1225 group, or entity or makes expenditures for political purposes. A group or entity may not divide or
1226 separate into units, sections, or smaller groups for the purpose of avoiding the financial reporting
1227 requirements of this chapter, and substance shall prevail over form in determining the scope or size
1228 of a political action committee.
1229 (b) "Political action committee" includes groups affiliated with a registered political party
1230 but not authorized or organized by the governing board of the registered political party that receive
1231 contributions or makes expenditures for political purposes.
1232 (c) "Political action committee" does not mean:
1233 (i) a party committee;
1234 (ii) any entity that provides goods or services to a candidate or committee in the regular
1235 course of its business at the same price that would be provided to the general public;
1236 (iii) an individual;
1237 (iv) individuals who are related and who make contributions from a joint checking
1238 account;
1239 (v) a corporation; or
1240 (vi) a personal campaign committee.
1241 (24) "Political convention" means a county or state political convention held by a
1242 registered political party to select candidates.
1243 (25) (a) "Political issues committee" means an entity, or any group of individuals or
1244 entities within or outside this state, that solicits or receives donations from any other person, group,
1245 or entity or makes disbursements to influence, or to intend to influence, directly or indirectly, any
1246 person to S : (i) s assist in placing a statewide ballot proposition on the ballot, to assist in keeping a
1247 statewide ballot proposition off the ballot, or to refrain from voting or to vote for or to vote against
1248 any statewide ballot proposition S [
1248a (ii) SIGN OR REFUSE TO SIGN AN INCORPORATION PETITION OR REFRAIN FROM VOTING, VOTE
1248b FOR, OR VOTE AGAINST ANY PROPOSED INCORPORATION IN AN INCORPORATION ELECTION. s
1249 (b) "Political issues committee" does not mean:
1250 (i) a registered political party or a party committee;
1251 (ii) any entity that provides goods or services to an individual or committee in the regular
1252 course of its business at the same price that would be provided to the general public;
1253 (iii) an individual;
1254 (iv) individuals who are related and who make contributions from a joint checking
1255 account; or
1256 (v) a corporation, except a corporation whose apparent purpose is to act as a political
1257 issues committee.
1258 (26) (a) "Political issues contribution" means any of the following:
1259 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1260 anything of value given to a political issues committee;
1261 (ii) an express, legally enforceable contract, promise, or agreement to make a political
1262 issues donation to influence the approval or defeat of any ballot proposition;
1263 (iii) any transfer of funds received by a political issues committee from a reporting entity;
1264 (iv) compensation paid by another reporting entity for personal services rendered without
1265 charge to a political issues committee; and
1266 (v) goods or services provided to or for the benefit of a political issues committee at less
1267 than fair market value.
1268 (b) "Political issues contribution" does not include:
1269 (i) services provided without compensation by individuals volunteering a portion or all of
1270 their time on behalf of a political issues committee; or
1271 (ii) money lent to a political issues committee by a financial institution in the ordinary
1272 course of business.
1273 (27) (a) "Political issues expenditure" means any of the following:
1274 (i) any payment from political issues contributions made for the purpose of influencing the
1275 approval or the defeat of a statewide ballot proposition;
1276 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1277 the purpose of influencing the approval or the defeat of a statewide ballot proposition;
1278 (iii) an express, legally enforceable contract, promise, or agreement to make any political
1279 issues expenditure;
1280 (iv) compensation paid by a reporting entity for personal services rendered by a person
1281 without charge to a political issues committee; or
1282 (v) goods or services provided to or for the benefit of another reporting entity at less than
1283 fair market value.
1284 (b) "Political issues expenditure" does not include:
1285 (i) services provided without compensation by individuals volunteering a portion or all of
1286 their time on behalf of a political issues committee; or
1287 (ii) money lent to a political issues committee by a financial institution in the ordinary
1288 course of business.
1289 (28) "Political purposes" means an act done with the intent or in a way to influence or tend
1290 to influence, directly or indirectly, any person to refrain from voting or to vote for or against any
1291 candidate for public office at any caucus, political convention, primary, or election.
1292 (29) "Primary election" means any regular primary election held under the election laws.
1293 (30) "Public office" means the office of governor, lieutenant governor, state auditor, state
1294 treasurer, attorney general, state or local school board member, state senator, state representative,
1295 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
1296 assistant whip of any party caucus in either house of the Legislature.
1297 (31) (a) "Public service assistance" means the following when given or provided to an
1298 officeholder to defray the costs of functioning in a public office or aid the officeholder to
1299 communicate with the officeholder's constituents:
1300 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1301 money or anything of value to an officeholder; or
1302 (ii) goods or services provided at less than fair market value to or for the benefit of the
1303 officeholder.
1304 (b) "Public service assistance" does not include:
1305 (i) anything provided by the state;
1306 (ii) services provided without compensation by individuals volunteering a portion or all
1307 of their time on behalf of an officeholder;
1308 (iii) money lent to an officeholder by a financial institution in the ordinary course of
1309 business;
1310 (iv) news coverage or any publication by the news media; or
1311 (v) any article, story, or other coverage as part of any regular publication of any
1312 organization unless substantially all the publication is devoted to information about the
1313 officeholder.
1314 (32) "Publicly identified class of individuals" means a group of 50 or more individuals
1315 sharing a common occupation, interest, or association that contribute to a political action
1316 committee or political issues committee and whose names can be obtained by contacting the
1317 political action committee or political issues committee upon whose financial report they are listed.
1318 (33) "Receipts" means contributions and public service assistance.
1319 (34) "Registered lobbyist" means a person registered under Title 36, Chapter 11, Lobbyist
1320 Disclosure and Regulation Act.
1321 (35) "Registered political action committee" means any political action committee that is
1322 required by this chapter to file a statement of organization with the lieutenant governor's office.
1323 (36) "Registered political issues committee" means any political issues committee that is
1324 required by this chapter to file a statement of organization with the lieutenant governor's office.
1325 (37) "Registered political party" means an organization of voters that:
1326 (a) participated in the last regular general election and polled a total vote equal to 2% or
1327 more of the total votes cast for all candidates for the United States House of Representatives for
1328 any of its candidates for any office; or
1329 (b) has complied with the petition and organizing procedures of this chapter.
1330 (38) "Report" means a verified financial statement.
1331 (39) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1332 an officeholder, and a party committee, a political action committee, and a political issues
1333 committee.
1334 (40) "School board office" means the office of state school board or local school board.
1335 (41) "State office" means the offices of governor, lieutenant governor, attorney general,
1336 state auditor, and state treasurer.
1337 (42) "State office candidate" means a person who:
1338 (a) files a declaration of candidacy for a state office; or
1339 (b) receives contributions, makes expenditures, or gives consent for any other person to
1340 receive contributions or make expenditures to bring about the person's nomination or election to
1341 a state office.
1342 (43) "Summary report" means the year end report containing the summary of a reporting
1343 entity's contributions and expenditures.
1344 (44) "Supervisory board" means the individual or group of individuals that allocate
1345 expenditures from a political issues committee.
1346 Section 29. Section 20A-11-103 is amended to read:
1347 20A-11-103. Reports -- Form of submission.
1348 (1) (a) (i) Ten days before a report from a state office candidate, legislative office
1349 candidate, state school board candidate, political party, political action committee, or political
1350 issues committee is due under this chapter, the lieutenant governor shall inform those candidates
1351 and entities by mail:
1352 (A) that the report is due; and
1353 (B) the date that the report is due.
1354 (ii) In addition to the information required by Subsection (1)(a)(i) and in the same mailing,
1355 ten days before the interim reports for candidates are due, the lieutenant governor shall inform the
1356 candidate that if the report is not received in the lieutenant governor's office by 5 p.m. on the date
1357 that it is due, voters will be informed that the candidate has been disqualified and any votes cast
1358 for the candidate will not be counted.
1359 (iii) In addition to the information required by Subsection (1)(a)(i) and in the same
1360 mailing, ten days before the interim reports or verified financial statements for entities that are due
1361 September 15 and before the regular general election are due, and ten days before summary reports
1362 or January 5 financial statements are due, the lieutenant governor shall inform the entity, candidate,
1363 or officeholder that if the report is not received in the lieutenant governor's office by the date that
1364 it is due, the entity, candidate, or officeholder may be guilty of a class B misdemeanor for failing
1365 to file the report or statement.
1366 (b) Ten days before a report from a local school board candidate is due under this chapter,
1367 the county clerk shall inform the candidate by mail:
1368 (i) that the report is due;
1369 (ii) the date that the report is due; and
1370 (iii) if the report is not received in the county clerk's office by 5 p.m. on the date that it is
1371 due, voters will be informed that the candidate has been disqualified and any votes cast for the
1372 candidate will not be counted.
1373 (2) Persons or entities submitting reports required by this chapter may submit them:
1374 (a) on paper, printed, typed, or legibly handwritten or hand printed;
1375 (b) on a computer disk according to specifications established by the chief election officer
1376 [
1377 that protect against fraudulent filings and secure the accuracy of the information contained on the
1378 computer disk;
1379 (c) via fax; or
1380 (d) via electronic mail according to specifications established by the chief election officer.
1381 (3) A report is considered filed if:
1382 (a) it is received in the chief election officer's office no later than 5:00 p.m. on the date
1383 that it is due;
1384 (b) it is received in the chief election officer's office with a postmark three days or more
1385 before the date that the report was due; or
1386 (c) the candidate or entity has proof that the report was mailed, with appropriate postage
1387 and addressing, three days before the report was due.
1388 Section 30. Section 20A-11-602 is amended to read:
1389 20A-11-602. Political action committees -- Financial reporting.
1390 (1) (a) Each registered political action committee that has received contributions or made
1391 expenditures that total at least $750 during a calendar year shall file a verified financial statement
1392 with the lieutenant governor's office on:
1393 (i) January 5, reporting contributions and expenditures as of December 31 of the previous
1394 year;
1395 (ii) September 15; and
1396 (iii) seven days before the regular general election.
1397 (b) The registered political action committee shall report:
1398 (i) a detailed listing of all contributions received and expenditures made since the last
1399 statement; and
1400 (ii) for financial statements filed on September 15 and before the general election, all
1401 contributions and expenditures as of three days before the required filing date of the financial
1402 statement.
1403 (c) The registered political action committee need not file a statement under this section
1404 if it received no contributions and made no expenditures during the reporting period.
1405 (2) (a) The verified financial statement shall include:
1406 (i) the name, address, and occupation of any individual that makes a contribution to the
1407 reporting political action committee, and the amount of the contribution;
1408 (ii) the identification of any publicly identified class of individuals that makes a
1409 contribution to the reporting political action committee, and the amount of the contribution;
1410 (iii) the name and address of any political action committee, group, or entity that makes
1411 a contribution to the reporting political action committee, and the amount of the contribution;
1412 (iv) for each nonmonetary contribution, the fair market value of the contribution;
1413 (v) the name and address of each reporting entity that received an expenditure from the
1414 reporting political action committee, and the amount of each expenditure;
1415 (vi) for each nonmonetary expenditure, the fair market value of the expenditure;
1416 (vii) the total amount of contributions received and expenditures disbursed by the reporting
1417 political action committee;
1418 (viii) a paragraph signed by the political action committee's treasurer or chief financial
1419 officer verifying that, to the best of the signer's knowledge, the financial report is accurate; and
1420 (ix) a summary page in the form required by the lieutenant governor that identifies:
1421 (A) beginning balance;
1422 (B) total contributions during the period since the last statement;
1423 (C) total contributions to date;
1424 (D) total expenditures during the period since the last statement; and
1425 (E) total expenditures to date.
1426 (b) (i) Contributions received by a political action committee that have a value of $150 or
1427 less need not be reported individually, but shall be listed on the report as an aggregate total.
1428 (ii) Two or more contributions from the same source that have an aggregate total of more
1429 than $150 may not be reported in the aggregate, but shall be reported separately.
1430 Section 31. Section 20A-11-802 is amended to read:
1431 20A-11-802. Political issues committees -- Financial reporting.
1432 (1) (a) Each registered political issues committee that has [
1433 contributions totaling at least $750, or disbursed political issues expenditures on current or
1434 proposed statewide ballot [
1435 calendar year, shall file a verified financial statement with the lieutenant governor's office on:
1436 (i) January 5, reporting contributions and expenditures as of December 31 of the previous
1437 year;
1437a S (ii) SEVEN DAYS BEFORE THE DATE OF AN INCORPORATION ELECTION, IF THE POLITICAL
1437b ISSUES COMMITTEE HAS RECEIVED DONATIONS OR MADE DISBURSEMENTS TO AFFECT AN
1437c INCORPORATION; s
1438 S [
1439 S [
1440 (b) The political issues committee shall report:
1441 (i) a detailed listing of all contributions received and expenditures made since the last
1442 statement; and
1443 (ii) for financial statements filed on September 15 and before the general election, all
1444 contributions and expenditures as of three days before the required filing date of the financial
1445 statement.
1446 (c) The political issues committee need not file a statement under this section if it received
1447 no contributions and made no expenditures during the reporting period.
1448 (2) (a) That statement shall include:
1449 (i) the name, address, and occupation of any individual that makes a political issues
1450 contribution to the reporting political issues committee, and the amount of the political issues
1451 contribution;
1452 (ii) the identification of any publicly identified class of individuals that makes a political
1453 issues contribution to the reporting political issues committee, and the amount of the political
1454 issues contribution;
1455 (iii) the name and address of any political issues committee, group, or entity that makes
1456 a political issues contribution to the reporting political issues committee, and the amount of the
1457 political issues contribution;
1458 (iv) the name and address of each reporting entity that makes a political issues contribution
1459 to the reporting political issues committee, and the amount of the political issues contribution;
1460 (v) for each nonmonetary contribution, the fair market value of the contribution;
1461 (vi) the name and address of each individual, entity, or group of individuals or entities that
1462 received a political issues expenditure of more than $50 from the reporting political issues
1463 committee, and the amount of each political issues expenditure;
1464 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1465 (viii) the total amount of political issues contributions received and political issues
1466 expenditures disbursed by the reporting political issues committee;
1467 (ix) a paragraph signed by the political issues committee's treasurer or chief financial
1468 officer verifying that, to the best of the signer's knowledge, the financial statement is accurate; and
1469 (x) a summary page in the form required by the lieutenant governor that identifies:
1470 (A) beginning balance;
1471 (B) total contributions during the period since the last statement;
1472 (C) total contributions to date;
1473 (D) total expenditures during the period since the last statement; and
1474 (E) total expenditures to date.
1475 (b) (i) Political issues contributions received by a political issues committee that have a
1476 value of $50 or less need not be reported individually, but shall be listed on the report as an
1477 aggregate total.
1478 (ii) Two or more political issues contributions from the same source that have an aggregate
1479 total of more than $50 may not be reported in the aggregate, but shall be reported separately.
1480 Section 32. Section 63-96-103 is amended to read:
1481 63-96-103. Reporting of funds -- Reports are public records.
1482 (1) (a) By January 5 of each year, each state elected official who has a fund, each
1483 multicounty elected official who has a fund, each surrogate for a state elected official who has a
1484 fund for a state elected official, and each surrogate for a multicounty elected official who has a
1485 fund for a multicounty elected official shall file a funds report containing the information required
1486 by this section with the lieutenant governor.
1487 (b) By January 5 of each year, each local elected official who has a fund and each surrogate
1488 for a local elected official who has a fund for a local elected official shall file a funds report
1489 containing the information required by this section with the county clerk of the county in which
1490 the local elected official exercises his official duties.
1491 (2) Each report shall contain:
1492 (a) the dollar value of the fund as of December 31 of the previous year;
1493 (b) an itemized list of disbursements from the fund during the previous calendar year
1494 identifying:
1495 (i) the date of each disbursement;
1496 (ii) the name and address of each person or entity to whom a disbursement was made; and
1497 (iii) the purpose of each disbursement; and
1498 (c) an itemized list of contributions to the fund during the previous calendar year,
1499 identifying:
1500 (i) the date of each contribution; and
1501 (ii) the name and address of each person or entity from whom a contribution was received.
1502 (3) Reports filed under this section are classified as public records for purposes of
1503 disclosure under Title 63, Chapter 2, Government Records Access and Management Act.
1503a S SECTION 33. EFFECTIVE DATE
1503b IF APPROVED BY TWO-THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE, THIS
1503c ACT TAKES EFFECT UPON APPROVAL BY THE GOVERNOR, OR THE DAY FOLLOWING THE
1503d CONSTITUTIONAL TIME LIMIT OF UTAH CONSTITUTION ARTICLE VII, SECTION 8, WITHOUT THE
1503e GOVERNOR'S SIGNATURE, OR IN THE CASE OF A VETO, THE DATE OF THE VETO OVERRIDE. s
1504 Section S [
1505 (1) If this bill and H.B. 91, Western States Presidential Primary, both pass, it is the intent
1506 of the Legislature that the following amendments be made in this bill:
1507 Subsection 20A-4-401(1)(a) of the database shall read:
1508 "(1) (a) For any regular [
1509 general election, or the Western States Presidential primary, when any candidate loses by not more
1510 than a total of one vote per voting precinct, [
1511 the appropriate election officer within seven days of the canvass."
1512 (2) If this bill and H.B. 110, Financial Disclosure Requirement on Initiatives, both pass,
1513 it is the intent of the Legislature that the following amendments be made in this bill:
1514 Subsection 20A-11-802 (1)(a) of the database shall read:
1515 "(1) (a) Each registered political issues committee that has [
1516 contributions totaling at least $750, or disbursed political issues expenditures [
1517
1518 current or proposed statewide ballot propositions, or on initiative petitions to be submitted to the
1519 Legislature, shall file a verified financial statement with the lieutenant governor's office on:
1520 (i) January 5, reporting contributions and expenditures as of December 31 of the previous
1521 year;
1522 (ii) September 15; and
1523 (iii) seven days before the regular general election."
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