H.B. 19

1

ELECTION CODE CRIMINAL PROVISIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Keith Grover
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill amends provisions in Title 20A, Election Code, regarding the penalty for and
12 prosecution of violations of the Election Code.
13 Highlighted Provisions:
14 This bill:
15 . standardizes language that establishes certain criminal penalties in Title 20A,
16 Election Code;
17 . repeals provisions that specify who is required to prosecute a violation of Title 20A,
18 Election Code; and
19 . makes technical and conforming amendments.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-4-501, as enacted by Laws of Utah 1993, Chapter 1
27 20A-4-502, as enacted by Laws of Utah 1993, Chapter 1

28 20A-5-701, as last amended by Laws of Utah 2007, Chapter 75
29 20A-5-702, as enacted by Laws of Utah 1993, Chapter 1
30 20A-5-705, as enacted by Laws of Utah 1993, Chapter 1
31 20A-7-213, as last amended by Laws of Utah 2003, Chapter 304
32 20A-7-312, as last amended by Laws of Utah 2009, Chapter 202
33 20A-7-512, as last amended by Laws of Utah 2001, Chapter 20
34 20A-8-103, as last amended by Laws of Utah 2012, Chapter 75
35 20A-9-502, as last amended by Laws of Utah 2012, Chapter 75
36 REPEALS:
37 20A-4-503, as enacted by Laws of Utah 1993, Chapter 1
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 20A-4-501 is amended to read:
41 20A-4-501. Election returns -- Forgery.
42 (1) It is unlawful for any person to:
43 (a) forge or counterfeit any election returns from any election purporting to have been
44 held at any voting precinct where no election was in fact held;
45 (b) willfully substitute any forged or counterfeit election returns in the place of the true
46 return for a voting precinct where any election was actually held; or
47 (c) commit or cause any fraud in any election in any manner.
48 (2) [Each person who violates this section may be sentenced to imprisonment in the
49 state prison for a term of not less than two nor more than 10 years] A violation of this section is
50 a third degree felony.
51 Section 2. Section 20A-4-502 is amended to read:
52 20A-4-502. Altering vote count or returns.
53 (1) It is unlawful for any person to:
54 (a) willfully add to or subtract from the votes actually cast at an election in any election
55 returns; or
56 (b) alter any election returns.
57 (2) Any person who violates this section [may be sentenced to imprisonment in the
58 state prison for not less than one nor more than five years] is guilty of a third degree felony.

59 Section 3. Section 20A-5-701 is amended to read:
60 20A-5-701. Willful neglect of duty or corrupt conduct -- Penalty.
61 (1) It is unlawful for any poll worker to willfully neglect [his] the poll worker's duty or
62 to willfully act corruptly in discharging [his] the poll worker's duty.
63 (2) Any poll worker who violates this section is guilty of a third degree felony [and,
64 upon conviction, shall be punished by a fine of $500 or by confinement in the state prison for
65 not less than one year or both].
66 Section 4. Section 20A-5-702 is amended to read:
67 20A-5-702. Destroying or concealing ballots.
68 (1) It is unlawful for any person, or officer having charge of official ballots, to destroy,
69 suppress, or conceal them, except authorized by this title.
70 (2) Any person who violates this section is guilty of a third degree felony[, and shall be
71 punished by imprisonment in the state prison for not less than one year nor more than five
72 years].
73 Section 5. Section 20A-5-705 is amended to read:
74 20A-5-705. Officer or watcher revealing vote.
75 (1) It is unlawful for any election official or watcher to reveal to any other person the
76 name of any candidate for whom a voter has voted, or to communicate to another [his] the
77 election official's or watcher's opinion, belief, or impression as to how or for whom a voter has
78 voted.
79 (2) [Any election official or watcher] A person who violates this section is guilty of a
80 class A misdemeanor [and shall be imprisoned for not less than six months, and fined not less
81 than $250].
82 Section 6. Section 20A-7-213 is amended to read:
83 20A-7-213. Misconduct of electors and officers -- Penalty.
84 (1) It is unlawful for any person to:
85 (a) sign any name other than [his] the person's own to any initiative petition;
86 (b) knowingly sign [his] the person's name more than once for the same measure at one
87 election;
88 (c) sign an initiative knowing [he] the person is not a legal voter; or
89 (d) knowingly and willfully violate any provision of this part.

90 (2) It is unlawful for any person to sign the verification for an initiative packet knowing
91 that:
92 (a) [he] the person does not meet the residency requirements of Section 20A-2-105 ;
93 (b) [he] the person has not witnessed the signatures of those persons whose names
94 appear in the initiative packet; or
95 (c) one or more persons whose signatures appear in the initiative packet is either:
96 (i) not registered to vote in Utah; or
97 (ii) does not intend to become registered to vote in Utah.
98 (3) It is unlawful for any person to:
99 (a) pay a person to sign an initiative petition;
100 (b) pay a person to remove the person's signature from an initiative petition;
101 (c) accept payment to sign an initiative petition; or
102 (d) accept payment to have the person's name removed from an initiative petition.
103 (4) Any person violating this section is guilty of a class A misdemeanor.
104 [(5) The attorney general or the county attorney shall prosecute any violation of this
105 section.]
106 Section 7. Section 20A-7-312 is amended to read:
107 20A-7-312. Misconduct of electors and officers -- Penalty.
108 (1) It is unlawful for any person to:
109 (a) sign any name other than [his] the person's own to any referendum petition;
110 (b) knowingly sign [his] the person's name more than once for the same measure at one
111 election;
112 (c) sign a referendum knowing [he] the person is not a legal voter; or
113 (d) knowingly and willfully violate any provision of this part.
114 (2) It is unlawful for any person to sign the verification for a referendum packet
115 knowing that:
116 (a) [he] the person does not meet the residency requirements of Section 20A-2-105 ;
117 (b) [he] the person has not witnessed the signatures of those persons whose names
118 appear in the referendum packet; or
119 (c) one or more persons whose signatures appear in the referendum packet is either:
120 (i) not registered to vote in Utah; or

121 (ii) does not intend to become registered to vote in Utah.
122 (3) Any person violating this section is guilty of a class A misdemeanor.
123 [(4) The attorney general or the county or district attorney shall prosecute any violation
124 of this section.]
125 Section 8. Section 20A-7-512 is amended to read:
126 20A-7-512. Misconduct of electors and officers -- Penalty.
127 (1) It is unlawful for any person to:
128 (a) sign any name other than [his] the person's own to any initiative petition;
129 (b) knowingly sign [his] the person's name more than once for the same measure at one
130 election;
131 (c) sign an initiative knowing [he] the person is not a legal voter; or
132 (d) knowingly and willfully violate any provision of this part.
133 (2) It is unlawful for any person to sign the verification for an initiative packet knowing
134 that:
135 (a) [he] the person does not meet the residency requirements of Section 20A-2-105 ;
136 (b) [he] the person has not witnessed the signatures of those persons whose names
137 appear in the initiative packet; or
138 (c) one or more persons whose signatures appear in the initiative packet is either:
139 (i) not registered to vote in Utah; or
140 (ii) does not intend to become registered to vote in Utah.
141 (3) Any person violating this part is guilty of a class A misdemeanor.
142 [(4) The county attorney or municipal attorney shall prosecute any violation of this
143 section.]
144 Section 9. Section 20A-8-103 is amended to read:
145 20A-8-103. Petition procedures -- Criminal penalty.
146 (1) As used in this section, the proposed name or emblem of a registered political party
147 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
148 difference between the proposed name or emblem and any name or emblem currently being
149 used by another registered political party.
150 (2) To become a registered political party, an organization of registered voters that is
151 not a continuing political party shall:

152 (a) circulate a petition seeking registered political party status beginning no earlier than
153 the date of the statewide canvass held after the last regular general election and ending no later
154 than the February 15 of the year in which the next regular general election will be held; and
155 (b) file a petition with the lieutenant governor that is signed, with a holographic
156 signature, by at least 2,000 registered voters on or before February 15 of the year in which a
157 regular general election will be held.
158 (3) The petition shall:
159 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
160 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
161 blank for the purpose of binding;
162 (c) contain the name of the political party and the words "Political Party Registration
163 Petition" printed directly below the horizontal line;
164 (d) contain the word "Warning" printed directly under the words described in
165 Subsection (3)(c);
166 (e) contain, to the right of the word "Warning," the following statement printed in not
167 less than eight-point, single leaded type:
168 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
169 petition signature sheet with any name other than the person's own name or more than once for
170 the same party or if the person is not registered to vote in this state and does not intend to
171 become registered to vote in this state before the petition is submitted to the lieutenant
172 governor.";
173 (f) contain the following statement directly under the statement described in Subsection
174 (3)(e):
175 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
176 Lieutenant Governor:
177 We, the undersigned citizens of Utah, seek registered political party status for ____
178 (name);
179 Each signer says:
180 I have personally signed this petition with a holographic signature;
181 I am registered to vote in Utah or will register to vote in Utah before the petition is
182 submitted to the lieutenant governor;

183 I am or desire to become a member of the political party; and
184 My street address is written correctly after my name."; and
185 (g) be vertically divided into columns as follows:
186 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
187 headed with "For Office Use Only," and be subdivided with a light vertical line down the
188 middle;
189 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
190 Name (must be legible to be counted)";
191 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
192 Registered Voter";
193 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
194 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
195 Code"; and
196 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
197 information is not required, but it may be used to verify your identity with voter registration
198 records. If you choose not to provide it, your signature may not be certified as a valid signature
199 if you change your address before petition signatures are certified or if the information you
200 provide does not match your voter registration records.";
201 (h) have a final page bound to one or more signature sheets that are bound together that
202 contains the following printed statement:
203 "Verification
204 State of Utah, County of ____
205 I, _______________, of ____, hereby state that:
206 I am a Utah resident and am at least 18 years old;
207 All the names that appear on the signature sheets bound to this page were signed by
208 persons who professed to be the persons whose names appear on the signature sheets, and each
209 of them signed the person's name on the signature sheets in my presence;
210 I believe that each has printed and signed the person's name and written the person's
211 street address correctly, and that each signer is registered to vote in Utah or will register to vote
212 in Utah before the petition is submitted to the lieutenant governor.
213 ______________________________________________________________________

214 (Signature) (Residence Address) (Date)"; and
215 (i) be bound to a cover sheet that:
216 (i) identifies the political party's name, which may not exceed four words, and the
217 emblem of the party;
218 (ii) states the process that the organization will follow to organize and adopt a
219 constitution and bylaws; and
220 (iii) is signed by a filing officer, who agrees to receive communications on behalf of
221 the organization.
222 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the person in
223 whose presence each signature sheet is signed:
224 (a) is at least 18 years old;
225 (b) meets the residency requirements of Section 20A-2-105 ; and
226 (c) verifies each signature sheet by completing the verification bound to one or more
227 signature sheets that are bound together.
228 (5) A person may not sign the verification if the person signed a signature sheet bound
229 to the verification.
230 (6) The lieutenant governor shall:
231 (a) determine whether the required number of voters appears on the petition;
232 (b) review the proposed name and emblem to determine if they are "distinguishable"
233 from the names and emblems of other registered political parties; and
234 (c) certify the lieutenant governor's findings to the filing officer described in
235 Subsection (3)(i)(iii) within 30 days of the filing of the petition.
236 (7) (a) If the lieutenant governor determines that the petition meets the requirements of
237 this section, and that the proposed name and emblem are distinguishable, the lieutenant
238 governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
239 prospective political party.
240 (b) If the lieutenant governor finds that the name, emblem, or both are not
241 distinguishable from the names and emblems of other registered political parties, the lieutenant
242 governor shall notify the filing officer that the filing officer has seven days to submit a new
243 name or emblem to the lieutenant governor.
244 (8) A registered political party may not change its name or emblem during the regular

245 general election cycle.
246 (9) (a) It is unlawful for any person to:
247 (i) knowingly sign a political party registration petition:
248 (A) with any name other than the person's own name;
249 (B) more than once for the same political party; or
250 (C) if the person is not registered to vote in this state and does not intend to become
251 registered to vote in this state before the petition is submitted to the lieutenant governor; or
252 (ii) sign the verification of a political party registration petition signature sheet if the
253 person:
254 (A) does not meet the residency requirements of Section 20A-2-105 ;
255 (B) has not witnessed the signing by those persons whose names appear on the political
256 party registration petition signature sheet; or
257 (C) knows that a person whose signature appears on the political party registration
258 petition signature sheet is not registered to vote in this state and does not intend to become
259 registered to vote in this state.
260 (b) Any person violating this Subsection (9) is guilty of a class A misdemeanor.
261 [(c) The attorney general or the county attorney shall prosecute any violation of this
262 Subsection (9).]
263 Section 10. Section 20A-9-502 is amended to read:
264 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
265 Criminal penalty.
266 (1) The candidate shall:
267 (a) prepare a certificate of nomination in substantially the following form:
268 "State of Utah, County of ______________________________________________
269 I, ______________, declare my intention of becoming an unaffiliated candidate for the
270 political group designated as ____ for the office of ____. I do solemnly swear that I can
271 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
272 Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
273 that I am providing, or have provided, the required number of holographic signatures of
274 registered voters required by law; that as a candidate at the next election I will not knowingly
275 violate any election or campaign law; I will file all campaign financial disclosure reports as

276 required by law; and I understand that failure to do so will result in my disqualification as a
277 candidate for this office and removal of my name from the ballot.
278

__________________________________________

279

Subscribed and sworn to before me this ______(month\day\year).

280

__________________________________________

281

Notary Public (or other officer

282

qualified to administer oaths)";

283 (b) bind signature sheets to the certificate that:
284 (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
285 (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
286 blank for the purpose of binding;
287 (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
288 Certificate of Nomination Petition" printed directly below the horizontal line;
289 (iv) contain the word "Warning" printed directly under the words described in
290 Subsection (1)(b)(iii);
291 (v) contain, to the right of the word "Warning," the following statement printed in not
292 less than eight-point, single leaded type:
293 "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
294 signature sheet with any name other than the person's own name or more than once for the
295 same candidate or if the person is not registered to vote in this state and does not intend to
296 become registered to vote in this state before the county clerk certifies the signatures.";
297 (vi) contain the following statement directly under the statement described in
298 Subsection (1)(b)(v):
299 "Each signer says:
300 I have personally signed this petition with a holographic signature;
301 I am registered to vote in Utah or intend to become registered to vote in Utah before the
302 county clerk certifies my signature; and
303 My street address is written correctly after my name.";
304 (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
305 Subsection (1)(b)(vi); and
306 (viii) be vertically divided into columns as follows:

307 (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
308 headed with "For Office Use Only," and be subdivided with a light vertical line down the
309 middle;
310 (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
311 Name (must be legible to be counted)";
312 (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
313 Registered Voter";
314 (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
315 (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
316 Code"; and
317 (F) at the bottom of the sheet, contain the following statement: "Birth date or age
318 information is not required, but it may be used to verify your identity with voter registration
319 records. If you choose not to provide it, your signature may not be certified as a valid signature
320 if you change your address before petition signatures are certified or if the information you
321 provide does not match your voter registration records."; and
322 (c) bind a final page to one or more signature sheets that are bound together that
323 contains, except as provided by Subsection (2), the following printed statement:
324 "Verification
325 State of Utah, County of ____
326 I, _______________, of ____, hereby state that:
327 I am a Utah resident and am at least 18 years old;
328 All the names that appear on the signature sheets bound to this page were signed by
329 persons who professed to be the persons whose names appear on the signature sheets, and each
330 of them signed the person's name on the signature sheets in my presence;
331 I believe that each has printed and signed the person's name and written the person's
332 street address correctly, and that each signer is registered to vote in Utah or will register to vote
333 in Utah before the county clerk certifies the signatures on the signature sheet.
334 ______________________________________________________________________
335 (Signature) (Residence Address) (Date)".
336 (2) (a) The candidate shall circulate the nomination petition and ensure that the person
337 in whose presence each signature sheet is signed:

338 (i) is at least 18 years old;
339 (ii) except as provided by Subsection (2)(b), meets the residency requirements of
340 Section 20A-2-105 ; and
341 (iii) verifies each signature sheet by completing the verification bound to one or more
342 signature sheets that are bound together.
343 (b) A person who is not a resident may sign the verification on a petition for an
344 unaffiliated candidate for the office of President of the United States.
345 (c) A person may not sign the verification if the person signed a signature sheet bound
346 to the verification.
347 (3) (a) It is unlawful for any person to:
348 (i) knowingly sign a certificate of nomination signature sheet:
349 (A) with any name other than the person's own name;
350 (B) more than once for the same candidate; or
351 (C) if the person is not registered to vote in this state and does not intend to become
352 registered to vote in this state before the county clerk certifies the signatures; or
353 (ii) sign the verification of a certificate of nomination signature sheet if the person:
354 (A) except as provided by Subsection (2)(b), does not meet the residency requirements
355 of Section 20A-2-105 ;
356 (B) has not witnessed the signing by those persons whose names appear on the
357 certificate of nomination signature sheet; or
358 (C) knows that a person whose signature appears on the certificate of nomination
359 signature sheet is not registered to vote in this state and does not intend to become registered to
360 vote in this state.
361 (b) Any person violating this Subsection (3) is guilty of a class A misdemeanor.
362 [(c) The attorney general or the county attorney shall prosecute any violation of this
363 Subsection (3).]
364 (4) (a) The candidate shall submit the petition and signature sheets to the county clerk
365 for certification when the petition has been completed by:
366 (i) at least 1,000 registered voters residing within the state when the nomination is for
367 an office to be filled by the voters of the entire state; or
368 (ii) at least 300 registered voters residing within a political division or at least 5% of

369 the registered voters residing within a political division, whichever is less, when the
370 nomination is for an office to be filled by the voters of any political division smaller than the
371 state.
372 (b) In reviewing the petition, the county clerk shall count and certify only those persons
373 who signed the petition with a holographic signature who:
374 (i) are registered voters within the political division that the candidate seeks to
375 represent; and
376 (ii) did not sign any other certificate of nomination for that office.
377 (c) The candidate may supplement or amend the certificate of nomination at any time
378 on or before the filing deadline.
379 Section 11. Repealer.
380 This bill repeals:
381 Section 20A-4-503, Abetting forgery or alteration.




Legislative Review Note
as of 10-22-12 7:29 AM

Office of Legislative Research and General Counsel

[Bill Documents]