First Substitute H.B. 8

Representative Loraine T. Pace proposes to substitute the following bill:

1 ELECTION LAW CHANGES
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Loraine T. Pace
5 AN ACT RELATING TO ELECTIONS; ADDING AN AGE REQUIREMENT FOR
6 CIRCULATORS OF INITIATIVE AND REFERENDA PETITIONERS; REQUIRING THAT
7 PERSONS APPOINTED TO FILL A VACANCY IN A MUNICIPAL OFFICE MEET THE
8 LEGAL QUALIFICATIONS FOR OFFICE; REVISING REQUIREMENTS FOR PETITION
9 CIRCULATORS; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 17-20-5, as last amended by Chapter 66, Laws of Utah 1984
13 20A-1-510, as last amended by Chapter 24, Laws of Utah 1997
14 20A-4-102, as last amended by Chapters 2 and 21, Laws of Utah 1994
15 20A-4-401, as last amended by Chapters 22 and 45, Laws of Utah 1999
16 20A-7-203, as last amended by Chapter 45, Laws of Utah 1999
17 20A-7-205, as last amended by Chapter 45, Laws of Utah 1999
18 20A-7-206, as last amended by Chapter 45, Laws of Utah 1999
19 20A-7-303, as last amended by Chapter 45, Laws of Utah 1999
20 20A-7-305, as last amended by Chapter 45, Laws of Utah 1999
21 20A-7-306, as last amended by Chapter 45, Laws of Utah 1999
22 20A-7-503, as last amended by Chapter 45, Laws of Utah 1999
23 20A-7-504, as enacted by Chapter 272, Laws of Utah 1994
24 20A-7-505, as last amended by Chapter 45, Laws of Utah 1999
25 20A-7-506, as last amended by Chapter 45, Laws of Utah 1999

26 20A-7-602, as enacted by Chapter 272, Laws of Utah 1994
27 20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
28 20A-7-605, as last amended by Chapter 45, Laws of Utah 1999
29 20A-7-606, as last amended by Chapter 45, Laws of Utah 1999
30 20A-9-203, as last amended by Chapters 24 and 130, Laws of Utah 1997
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 17-20-5 is amended to read:
33 17-20-5. Report of election and appointment of officers.
34 [Every county clerk shall within] Within ten days after [the issuance by him of any] a
35 county clerk issues a certificate of election [of elective county officers, excepting justices of the
36 peace and constables, and after the issuance by him of any] or a certificate of appointment made
37 to fill vacancies in elective county offices, [excepting justices of the peace and constables,] the
38 county clerk shall prepare and forward to the lieutenant governor a certified report [on forms
39 furnished by the lieutenant governor of every such certificate issued as aforesaid. Every such report
40 shall show] showing:
41 (1) the name of the county[,];
42 (2) the name of the county office to which the person was elected or appointed[,];
43 (3) the date of the election or appointment of [such] the person[;];
44 (4) the date of the expiration of the term for which the person was elected or appointed[,];
45 (5) the date of the certificate of election or appointment[,]; and
46 (6) the date of the qualification of the person [so] elected or appointed.
47 Section 2. Section 20A-1-510 is amended to read:
48 20A-1-510. Midterm vacancies in municipal offices.
49 (1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the office
50 of municipal executive or member of a municipal legislative body, the municipal legislative body
51 shall appoint a registered voter in the municipality who meets the qualifications for office
52 established in Section 10-3-301 to fill the unexpired term of the office vacated until the January
53 following the next municipal election.
54 (b) Before acting to fill the vacancy, the municipal legislative body shall:
55 (i) give public notice of the vacancy at least two weeks before the municipal legislative
56 body meets to fill the vacancy; and

57 (ii) identify, in the notice:
58 (A) the date, time, and place of the meeting where the vacancy will be filled; and
59 (B) the person to whom a person interested in being appointed to fill the vacancy may
60 submit his name for consideration and any deadline for submitting it.
61 (c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within 30
62 days after the vacancy occurs, the municipal legislative body shall vote upon the names that have
63 been submitted.
64 (ii) The two persons having the highest number of votes of the municipal legislative body
65 shall appear before the municipal legislative body and the municipal legislative body shall vote
66 again.
67 (iii) If neither candidate receives a majority vote of the municipal legislative body at that
68 time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
69 (2) (a) A vacancy in the office of municipal executive or member of a municipal legislative
70 body shall be filled by an interim appointment, followed by an election to fill a two-year term, if:
71 (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive at
72 least 14 days before the deadline for filing for election in an odd-numbered year; and
73 (ii) two years of the vacated term will remain after the first Monday of January following
74 the next municipal election.
75 (b) In appointing an interim replacement, the municipal legislative body shall comply with
76 the notice requirements of this section.
77 (3) A member of a municipal legislative body may not participate in any part of the process
78 established in this section to fill a vacancy if that member is being considered for appointment to
79 fill the vacancy.
80 Section 3. Section 20A-4-102 is amended to read:
81 20A-4-102. Counting paper ballots after the polls close.
82 (1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and the
83 last qualified voter has voted, the election judges shall count the ballots by performing the tasks
84 specified in this section in the order that they are specified.
85 (b) The election judges shall apply the standards and requirements of Section [ 20A-4-104 ]
86 20A-4-105 to resolve any questions that arise as they count the ballots.
87 (2) (a) First, the election judges shall count the number of ballots in the ballot box.

88 (b) (i) If there are more ballots in the ballot box than there are names entered in the
89 pollbook, the judges shall examine the official endorsements on the ballots.
90 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
91 official endorsement, the judges shall put those ballots in an excess ballot file and not count them.
92 (c) (i) If, after examining the official endorsements, there are still more ballots in the ballot
93 box than there are names entered in the pollbook, the judges shall place the remaining ballots back
94 in the ballot box.
95 (ii) One of the judges, without looking, shall draw a number of ballots equal to the excess
96 from the ballot box.
97 (iii) The judges shall put those excess ballots into the excess ballot envelope and not count
98 them.
99 (d) When the ballots in the ballot box equal the number of names entered in the pollbook,
100 the judges shall count the votes.
101 (3) The judges shall:
102 (a) place all unused ballots in the envelope or container provided for return to the county
103 clerk or city recorder; and
104 (b) seal that envelope or container.
105 (4) (a) In counting the votes, the election judges shall read and count each ballot
106 separately.
107 (b) In regular primary elections the judges shall:
108 (i) count the number of ballots cast for each party;
109 (ii) place the ballots cast for each party in separate piles; and
110 (iii) count all the ballots for one party before beginning to count the ballots cast for other
111 parties.
112 (5) (a) In all elections, the counting judges shall:
113 (i) count one vote for each candidate designated by the marks in the squares next to the
114 candidate's name;
115 (ii) count one vote for each candidate on the ticket beneath a marked circle, excluding any
116 candidate for an office for which a vote has been cast for a candidate for the same office upon
117 another ticket by the placing of a mark in the square opposite the name of that candidate on the
118 other ticket;

119 (iii) count each vote for each write-in candidate who has qualified by filing a declaration
120 of candidacy under Section 20A-9-601 ;
121 (iv) read every name marked on the ballot and mark every name upon the tally sheets
122 before another ballot is counted;
123 (v) evaluate each ballot and each vote based on the standards and requirements of Section
124 20A-4-105 ;
125 (vi) write the word "spoiled" on the back of each ballot that lacks the official endorsement
126 and deposit it in the spoiled ballot envelope; and
127 (vii) read, count, and record upon the tally sheets the votes that each candidate and ballot
128 proposition received from all ballots, except excess or spoiled ballots.
129 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
130 persons clearly not eligible to qualify for office.
131 (c) The judges shall certify to the accuracy and completeness of the tally list in the space
132 provided on the tally list.
133 (d) When the judges have counted all of the voted ballots, they shall record the results on
134 the total votes cast form.
135 (6) Only election judges and counting poll watchers may be present at the place where
136 counting is conducted until the count is completed.
137 Section 4. Section 20A-4-401 is amended to read:
138 20A-4-401. Recounts -- Procedure.
139 (1) (a) For any regular primary, municipal primary, regular general, or municipal general
140 election, or the Western States Presidential primary, when any candidate loses by not more than
141 a total of one vote per voting precinct, the candidate may file a request for a recount with the
142 appropriate election officer within seven days [of] after the canvass.
143 (b) The election officer shall:
144 (i) supervise the recount;
145 (ii) recount all ballots cast for that office;
146 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
147 3; and
148 (iv) declare elected the person receiving the highest number of votes on the recount.
149 (2) (a) Any ten voters who voted in an election when any ballot proposition was on the

150 ballot may file a request for a recount with the appropriate election officer within seven days of
151 the canvass.
152 (b) The election officer shall:
153 (i) supervise the recount;
154 (ii) recount all ballots cast for that ballot proposition;
155 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
156 3; and
157 (iv) declare the ballot proposition to have "passed" or "failed" based upon the results of
158 the recount.
159 (c) Proponents and opponents of the ballot proposition may designate representatives to
160 witness the recount.
161 (d) The person or entity requesting the recount shall pay the costs of the recount.
162 (3) Costs incurred by recount under Subsection (1) may not be assessed against the person
163 requesting the recount.
164 Section 5. Section 20A-7-203 is amended to read:
165 20A-7-203. Form of initiative petition and signature sheets.
166 (1) (a) Each proposed initiative petition shall be printed in substantially the following
167 form:
168 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
169 We, the undersigned citizens of Utah, respectfully demand that the following proposed law
170 be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
171 general election/session to be held/ beginning on the ____ day of ____, 19__;
172 Each signer says:
173 I have personally signed this petition;
174 I am registered to vote in Utah or intend to become registered to vote in Utah before the
175 certification of the petition names by the county clerk; and
176 My residence and post office address are written correctly after my name."
177 (b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
178 petition.
179 (2) Each signature sheet shall:
180 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;

181 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
182 blank for the purpose of binding;
183 (c) contain the title of the initiative printed below the horizontal line;
184 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
185 the title of the initiative;
186 (e) contain, to the right of the word "Warning," the following statement printed or typed
187 in not less than eight-point, single leaded type:
188 "It is a class A misdemeanor for anyone to sign any initiative petition with any other name
189 than his own, or knowingly to sign his name more than once for the same measure, or to sign an
190 initiative petition when he knows he is not a registered voter and knows that he does not intend
191 to become registered to vote before the certification of the petition names by the county clerk.";
192 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
193 by this section; and
194 (g) be vertically divided into columns as follows:
195 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
196 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle
197 with the left subdivision entitled "Registered" and the right subdivision left untitled;
198 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
199 (must be legible to be counted)";
200 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
201 and
202 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
203 (3) The final page of each initiative packet shall contain the following printed or typed
204 statement:
205 "Verification
206 State of Utah, County of ____
207 I, _______________, of ____, hereby state that:
208 I am a resident of Utah and am at least 18 years old;
209 All the names that appear in this packet were signed by persons who professed to be the
210 persons whose names appear in it, and each of them signed his name on it in my presence;
211 I believe that each has printed and signed his name and written his post office address and

212 residence correctly, and that each signer is registered to vote in Utah or intends to become
213 registered to vote before the certification of the petition names by the county clerk.
214 ________________________________________________________________________
215 (Name) (Residence Address) (Date)"
216 (4) The forms prescribed in this section are not mandatory, and, if substantially followed,
217 the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
218 Section 6. Section 20A-7-205 is amended to read:
219 20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
220 (1) Any Utah voter may sign an initiative petition if the voter is a legal voter.
221 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
222 signed:
223 (a) is at least S [ 18 ] 16 s years old and meets the residency requirements of Section 20A-2-105 ; and
224 (b) verifies each signature sheet by completing the verification printed on the last page of
225 each initiative packet.
226 (3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
227 from the petition by submitting a notarized statement to that effect to the county clerk.
228 (ii) In order for the signature to be removed, the statement must be received by the county
229 clerk before he delivers the petition to the lieutenant governor.
230 (b) Upon receipt of the statement, the county clerk shall remove the signature of the person
231 submitting the statement from the initiative petition.
232 (c) No one may remove signatures from an initiative petition after the petition is submitted
233 to the lieutenant governor.
234 Section 7. Section 20A-7-206 is amended to read:
235 20A-7-206. Submitting the initiative petition -- Certification of signatures by the
236 county clerks -- Transfer to lieutenant governor.
237 (1) In order to qualify an initiative petition for placement on the regular general election
238 ballot, the sponsors shall deliver each signed and verified initiative packet to the county clerk of
239 the county in which the packet was circulated by the June 1 before the regular general election.
240 (2) No later than June 15 before the regular general election, the county clerk shall:
241 (a) check the names of all persons completing the verification for the initiative packet to
242 determine whether or not those persons are residents of Utah and are at least 18 years old; and

243 (b) submit the name of each of those persons who is not [registered to vote in Utah] a Utah
244 resident or who is not at least 18 years old to the attorney general and county attorney.
245 (3) No later than July 1 before the regular general election, the county clerk shall:
246 (a) check all the names of the signers against the official registers to determine whether
247 or not the signer is a registered voter;
248 (b) certify on the petition whether or not each name is that of a registered voter; and
249 (c) deliver all of the packets to the lieutenant governor.
250 (4) In order to qualify an initiative petition for submission to the Legislature, the sponsors
251 shall deliver each signed and verified initiative packet to the county clerk of the county in which
252 the packet was circulated by the November 15 before the annual general session of the Legislature.
253 (5) No later than December 1 before the annual general session of the Legislature, the
254 county clerk shall:
255 (a) check the names of all persons completing the verification for the initiative packet to
256 determine whether or not those persons are Utah residents and are at least 18 years old; and
257 (b) submit the name of each of those persons who is not a Utah resident or who is not at
258 least 18 years old to the attorney general and county attorney.
259 (6) No later than December 15 before the annual general session of the Legislature, the
260 county clerk shall:
261 (a) check all the names of the signers against the official registers to determine whether
262 or not the signer is a registered voter;
263 (b) certify on the petition whether or not each name is that of a registered voter; and
264 (c) deliver all of the packets to the lieutenant governor.
265 (7) Initiative packets are public once they are delivered to the county clerks.
266 (8) The sponsor or their representatives may not retrieve initiative packets from the county
267 clerks once they have submitted them.
268 Section 8. Section 20A-7-303 is amended to read:
269 20A-7-303. Form of referendum petition and signature sheets.
270 (1) (a) Each proposed referendum petition shall be printed in substantially the following
271 form:
272 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
273 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.

274 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here the
275 part or parts on which the referendum is sought), passed by the ____ Session of the Legislature of
276 the state of Utah, be referred to the people of Utah for their approval or rejection at a regular
277 general election or a statewide special election;
278 Each signer says:
279 I have personally signed this petition;
280 I am registered to vote in Utah or intend to become registered to vote in Utah before the
281 certification of the petition names by the county clerk; and
282 My residence and post office address are written correctly after my name."
283 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
284 referendum to each referendum petition.
285 (2) Each signature sheet shall:
286 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
287 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
288 blank for the purpose of binding;
289 (c) contain the title of the referendum printed below the horizontal line;
290 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
291 the title of the referendum;
292 (e) contain, to the right of the word "Warning," the following statement printed or typed
293 in not less than eight-point, single leaded type:
294 "It is a class A misdemeanor for anyone to sign any referendum petition with any other
295 name than his own, or knowingly to sign his name more than once for the same measure, or to sign
296 a referendum petition when he knows he is not a registered voter and knows that he does not intend
297 to become registered to vote before the certification of the petition names by the county clerk.";
298 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
299 by this section; and
300 (g) be vertically divided into columns as follows:
301 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
302 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
303 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
304 (must be legible to be counted)";

305 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
306 and
307 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
308 (3) The final page of each referendum packet shall contain the following printed or typed
309 statement:
310 "Verification
311 State of Utah, County of ____
312 I, _______________, of ____, hereby state that:
313 I am a Utah resident and am at least 18 years old;
314 All the names that appear in this packet were signed by persons who professed to be the
315 persons whose names appear in it, and each of them signed his name on it in my presence;
316 I believe that each has printed and signed his name and written his post office address and
317 residence correctly, and that each signer is registered to vote in Utah or intends to become
318 registered to vote before the certification of the petition names by the county clerk.
319 ________________________________________________________________________
320 (Name) (Residence Address) (Date)"
321 (4) The forms prescribed in this section are not mandatory, and, if substantially followed,
322 the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
323 Section 9. Section 20A-7-305 is amended to read:
324 20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
325 (1) Any Utah voter may sign a referendum petition if the voter is a legal voter.
326 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
327 signed:
328 (a) is at least S [ 18 ] 16 s years old and meets the residency requirements of Section
328a 20A-2-105 ; and
329 (b) verifies each signature sheet by completing the verification printed on the last page of
330 each signature sheet.
331 (3) (a) (i) Any voter who has signed a referendum petition may have his signature removed
332 from the petition by submitting a notarized statement to that effect to the county clerk.
333 (ii) In order for the signature to be removed, the statement must be received by the county
334 clerk before he delivers the petition to the lieutenant governor.
335 (b) Upon receipt of the statement, the county clerk shall remove the signature of the person

336 submitting the statement from the referendum petition.
337 (c) No one may remove signatures from a referendum petition after the petition is
338 submitted to the lieutenant governor.
339 Section 10. Section 20A-7-306 is amended to read:
340 20A-7-306. Submitting the referendum petition -- Certification of signatures by the
341 county clerks -- Transfer to lieutenant governor.
342 (1) No later than 40 days after the end of the legislative session at which the law passed,
343 the sponsors shall deliver each signed and verified referendum packet to the county clerk of the
344 county in which the packet was circulated.
345 (2) No later than 55 days after the end of the legislative session at which the law passed,
346 the county clerk shall:
347 (a) check the names of all persons completing the verification on the back of each
348 signature sheet to determine whether or not those persons are Utah residents and are at least 18
349 years old; and
350 (b) submit the name of each of those persons who is not a Utah resident or who is not at
351 least 18 years old to the attorney general and county attorney.
352 (3) No later than 55 days after the end of the legislative session at which the law passed,
353 the county clerk shall:
354 (a) check all the names of the signers against the official registers to determine whether
355 or not the signer is a voter;
356 (b) certify on the referendum petition whether or not each name is that of a voter; and
357 (c) deliver all of the referendum packets to the lieutenant governor.
358 Section 11. Section 20A-7-503 is amended to read:
359 20A-7-503. Form of initiative petitions and signature sheets.
360 (1) (a) Each proposed initiative petition shall be printed in substantially the following
361 form:
362 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
363 Clerk:
364 We, the undersigned citizens of Utah, respectfully demand that the following proposed law
365 be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal
366 voters of the county/city/town, if the legislative body rejects the proposed law or takes no action

367 on it.
368 Each signer says:
369 I have personally signed this petition;
370 I am registered to vote in Utah or intend to become registered to vote in Utah before the
371 certification of the petition names by the county clerk; and
372 My residence and post office address are written correctly after my name."
373 (b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
374 petition.
375 (2) Each signature sheet shall:
376 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
377 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
378 blank for the purpose of binding;
379 (c) contain the title of the initiative printed below the horizontal line;
380 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
381 the title of the initiative;
382 (e) contain, to the right of the word "Warning," the following statement printed or typed
383 in not less than eight-point, single leaded type:
384 "It is a class A misdemeanor for anyone to sign any initiative petition with any other name
385 than his own, or knowingly to sign his name more than once for the same measure, or to sign an
386 initiative petition when he knows he is not a registered voter and knows that he does not intend
387 to become registered to vote before the certification of the petition names by the county clerk.";
388 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
389 by this section;
390 (g) be vertically divided into columns as follows:
391 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
392 headed with "For Office Use Only", and be subdivided with a light vertical line down the middle
393 with the left subdivision entitled "Registered" and the right subdivision left untitled;
394 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
395 (must be legible to be counted)";
396 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
397 and

398 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
399 and
400 (h) contain the following statement, printed or typed upon the back of each sheet:
401 "Verification
402 State of Utah, County of ____
403 I, _______________, of ____, hereby state that:
404 I am a resident of Utah and am at least 18 years old;
405 All the names that appear on this sheet were signed by persons who professed to be the
406 persons whose names appear in it, and each of them signed his name on it in my presence;
407 I believe that each has printed and signed his name and written his post office address and
408 residence correctly, and that each signer is registered to vote in Utah or intends to become
409 registered to vote before the certification of the petition names by the county clerk.
410 _____________________________"
411 (3) The forms prescribed in this section are not mandatory, and, if substantially followed,
412 the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
413 Section 12. Section 20A-7-504 is amended to read:
414 20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
415 materials.
416 (1) In order to obtain the necessary number of signatures required by this part, the sponsors
417 shall circulate initiative packets that meet the form requirements of this part.
418 (2) The local clerk shall furnish to the sponsors:
419 (a) [five copies] one copy of the initiative petition; and
420 (b) [five] one signature [sheets] sheet.
421 (3) The sponsors of the petition shall:
422 (a) arrange and pay for the printing of all additional copies of the petition and signature
423 sheets; and
424 (b) ensure that the copies of the petition and signature sheets meet the form requirements
425 of this section.
426 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
427 initiative packets.
428 (b) The sponsors shall create those packets by binding a copy of the initiative petition, a

429 copy of the proposed law, and no more than 50 signature sheets together at the top in such a way
430 that the packets may be conveniently opened for signing.
431 (c) The sponsors need not attach a uniform number of signature sheets to each initiative
432 packet.
433 (5) (a) After the sponsors have prepared sufficient initiative packets, they shall return them
434 to the local clerk.
435 (b) The local clerk shall:
436 (i) number each of the initiative packets and return them to the sponsors within five
437 working days; and
438 (ii) keep a record of the numbers assigned to each packet.
439 Section 13. Section 20A-7-505 is amended to read:
440 20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
441 (1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
442 resides in the local jurisdiction.
443 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
444 signed:
445 (a) is at least S [ 18 ] 16 s years old and meets the residency requirements of Section
445a 20A-2-105 ; and
446 (b) verifies each signature sheet by completing the verification printed on the back of each
447 signature sheet.
448 (3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
449 from the petition by submitting a notarized statement to that effect to the local clerk.
450 (ii) In order for the signature to be removed, the statement must be received by the local
451 clerk before he delivers the petition to the county clerk to be certified.
452 (b) Upon receipt of the statement, the local clerk shall remove the signature of the person
453 submitting the statement from the initiative petition.
454 (c) No one may remove signatures from an initiative petition after the petition is submitted
455 to the county clerk to be certified.
456 Section 14. Section 20A-7-506 is amended to read:
457 20A-7-506. Submitting the initiative petition -- Certification of signatures by the
458 county clerks -- Transfer to local clerk.
459 (1) No later than 120 days before any regular general election, for county initiatives, or

460 municipal general election, for municipal initiatives, the sponsors shall deliver each signed and
461 verified initiative packet to the county clerk of the county in which the packet was circulated.
462 (2) No later than 90 days before any general election, the county clerk shall:
463 (a) check the names of all persons completing the verification on the back of each
464 signature sheet to determine whether or not those persons are residents of Utah and are at least 18
465 years old; and
466 (b) submit the name of each of those persons who is not a Utah resident or who is not at
467 least 18 years old to the attorney general and county attorney.
468 (3) No later than 60 days before any general election, the county clerk shall:
469 (a) check all the names of the signers against the official registers to determine whether
470 or not the signer is a voter;
471 (b) certify on the petition whether or not each name is that of a voter; and
472 (c) deliver all of the packets to the local clerk.
473 Section 15. Section 20A-7-602 is amended to read:
474 20A-7-602. Local referendum process -- Application procedures.
475 (1) Persons wishing to circulate a referendum petition shall file an application with the
476 local clerk.
477 (2) The application shall contain:
478 (a) the name and residence address of at least five sponsors of the referendum petition;
479 (b) a certification indicating that each of the sponsors:
480 (i) is a [voter] resident of Utah; and
481 (ii) (A) if the referendum challenges a county ordinance, has voted in a regular general
482 election in Utah within the last three years; or
483 (B) if the referendum challenges a municipal ordinance, has voted in a regular municipal
484 election in Utah within the last three years;
485 (c) the signature of each of the sponsors, attested to by a notary public; and
486 (d) [five copies] one copy of the law.
487 Section 16. Section 20A-7-603 is amended to read:
488 20A-7-603. Form of referendum petition and signature sheets.
489 (1) (a) Each proposed referendum petition shall be printed in substantially the following
490 form:

491 "REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
492 Clerk:
493 We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
494 (title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the
495 part or parts on which the referendum is sought), passed by the ____ be referred to the voters for
496 their approval or rejection at the regular/municipal general election to be held on the ____ day of
497 ____, 19__;
498 Each signer says:
499 I have personally signed this petition;
500 I am registered to vote in Utah or intend to become registered to vote in Utah before the
501 certification of the petition names by the county clerk; and
502 My residence and post office address are written correctly after my name."
503 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
504 referendum to each referendum petition.
505 (2) Each signature sheet shall:
506 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
507 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
508 blank for the purpose of binding;
509 (c) contain the title of the referendum printed below the horizontal line;
510 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
511 the title of the referendum;
512 (e) contain, to the right of the word "Warning," the following statement printed or typed
513 in not less than eight-point, single leaded type:
514 "It is a class A misdemeanor for anyone to sign any referendum petition with any other
515 name than his own, or knowingly to sign his name more than once for the same measure, or to sign
516 a referendum petition when he knows he is not a registered voter and knows that he does not intend
517 to become registered to vote before the certification of the petition names by the county clerk.";
518 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
519 by this section;
520 (g) be vertically divided into columns as follows:
521 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be

522 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
523 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
524 (must be legible to be counted)";
525 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
526 and
527 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
528 and
529 (h) contain the following statement, printed or typed upon the back of each sheet:
530 "Verification
531 State of Utah, County of ____
532 I, _______________, of ____, hereby state that:
533 I am a resident of Utah and am at least 18 years old;
534 All the names that appear on this sheet were signed by persons who professed to be the
535 persons whose names appear in it, and each of them signed his name on it in my presence;
536 I believe that each has printed and signed his name and written his post office address and
537 residence correctly, and that each signer is registered to vote in Utah or intends to become
538 registered to vote before the certification of the petition names by the county clerk.
539 _____________________________"
540 (3) The forms prescribed in this section are not mandatory, and, if substantially followed,
541 the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
542 Section 17. Section 20A-7-605 is amended to read:
543 20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
544 (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
545 resides in the local jurisdiction.
546 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
547 signed:
548 (a) is at least S [ 18 ] 16 s years old and meets the residency requirements of Section
548a 20A-2-105 ; and
549 (b) verifies each signature sheet by completing the verification printed on the back of each
550 signature sheet.
551 (3) (a) [(i)] Any voter who has signed a referendum petition may have his signature
552 removed from the petition by submitting a notarized statement to that effect to the local clerk.

553 [(ii) In order for the signature to be removed, the statement must be received by the local
554 clerk before he delivers the petition to the county clerk to be certified.]
555 (b) [Upon] Except as provided in Subsection (3)(c), upon receipt of the statement, the local
556 clerk shall remove the signature of the person submitting the statement from the referendum
557 petition.
558 (c) [No one] A local clerk may not remove signatures from a referendum petition after the
559 petition [is] has been submitted to the county clerk to be certified.
560 Section 18. Section 20A-7-606 is amended to read:
561 20A-7-606. Submitting the referendum petition -- Certification of signatures by the
562 county clerks -- Transfer to local clerk.
563 (1) No later than 120 days before any regular general election for county referenda, or
564 municipal general election for local referenda, the sponsors shall deliver each signed and verified
565 referendum packet to the county clerk of the county in which the packet was circulated.
566 (2) No later than 90 days before any general election, the county clerk shall:
567 (a) check the names of all persons completing the verification on the back of each
568 signature sheet to determine whether or not those persons are Utah residents and are at least 18
569 years old; and
570 (b) submit the name of each of those persons who is not a Utah resident or who is not at
571 least 18 years old to the attorney general and county attorney.
572 (3) No later than 60 days before any general election, the county clerk shall:
573 (a) check all the names of the signers against the official registers to determine whether
574 or not the signer is a voter;
575 (b) certify on the referendum petition whether or not each name is that of a voter; and
576 (c) deliver all of the referendum packets to the local clerk.
577 Section 19. Section 20A-9-203 is amended to read:
578 20A-9-203. Declarations of candidacy -- Municipal general elections.
579 (1) (a) A person may become a candidate for any municipal office if the person is a
580 registered voter and:
581 (i) the person has resided within the municipality in which that person seeks to hold
582 elective office for the 12 consecutive months immediately before the date of the election; or
583 (ii) if the territory in which the person resides was annexed into the municipality, the

584 person has resided within the annexed territory or the municipality for 12 months.
585 (b) In addition to the requirements of Subsection (a), candidates for a municipal council
586 position under the council-mayor or council-manager alternative forms of municipal government
587 shall, if elected from districts, be residents of the council district from which they are elected.
588 (2) (a) Each person seeking to become a candidate for a municipal office shall file a
589 declaration of candidacy in person with the city recorder or town clerk during office hours and not
590 later than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee,
591 if one is required by municipal ordinance.
592 (b) Any resident of a municipality may nominate a candidate for a municipal office by
593 filing a nomination petition with the city recorder or town clerk during office hours but not later
594 than 5 p.m. between July 15 and August 15 of any odd numbered year and pay the filing fee, if
595 one is required by municipal ordinance.
596 (c) When August 15 is a Saturday or Sunday, the filing time shall be extended until 5 p.m.
597 on the following Monday.
598 (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
599 petition, the filing officer shall:
600 (i) read to the prospective candidate or person filing the petition the constitutional and
601 statutory qualification requirements for the office that the candidate is seeking; and
602 (ii) require the candidate or person filing the petition to state whether or not the candidate
603 meets those requirements.
604 (b) If the prospective candidate does not meet the qualification requirements for the office,
605 the filing officer may not accept the declaration of candidacy or nomination petition.
606 (c) If it appears that the prospective candidate meets the requirements of candidacy, the
607 filing officer shall accept the declaration of candidacy or nomination petition.
608 (4) The declaration of candidacy shall substantially comply with the following form:
609 "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
610 County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
611 registered voter; and that I am a candidate for the office of ____ (stating the term). I request that
612 my name be printed upon the applicable official ballots. (Signed) _______________
613 Subscribed and sworn to (or affirmed) before me by ____ on this ____ day of ____, 19__.
614 (Signed) _______________ (Clerk or [Notary Public] other officer qualified to administer

615 oath)"
616 (5) (a) Any registered voter may be nominated for municipal office by submitting a
617 petition signed by:
618 (i) 25 residents of the municipality who are at least 18 years old; or
619 (ii) 20% of the residents of the municipality who are at least 18 years old.
620 (b) (i) The petition shall substantially conform to the following form:
621 "NOMINATION PETITION
622 The undersigned residents of (name of municipality) being 18 years old or older nominate
623 (name of nominee) to the office of ____ for the (two or four-year term, whichever is applicable)."
624 (ii) The remainder of the petition shall contain lines and columns for the signatures of
625 persons signing the petition and their addresses and telephone numbers.
626 (c) If the declaration of candidacy or nomination petition fails to state whether the
627 nomination is for the two or four-year term, the clerk shall consider the nomination to be for the
628 four-year term.
629 (d) (i) The clerk shall verify with the county clerk that all candidates are registered voters.
630 (ii) Any candidate who is not registered to vote is disqualified and the clerk may not print
631 the candidate's name on the ballot.
632 (6) Immediately after expiration of the period for filing a declaration of candidacy, the
633 clerk shall:
634 (a) cause the names of the candidates as they will appear on the ballot to be published in
635 at least two successive publications of a newspaper with general circulation in the municipality;
636 and
637 (b) notify the lieutenant governor of the names of the candidates as they will appear on the
638 ballot.
639 (7) (a) A declaration of candidacy or nomination petition filed under this section is valid
640 unless a written objection is filed with the clerk within five days after the last day for filing.
641 (b) If an objection is made, the clerk shall:
642 (i) mail or personally deliver notice of the objection to the affected candidate immediately;
643 and
644 (ii) decide any objection within 48 hours after it is filed.
645 (c) If the clerk sustains the objection, the candidate may correct the problem by amending

646 the declaration or petition within three days after the objection is sustained or by filing a new
647 declaration within three days after the objection is sustained.
648 (d) (i) The clerk's decision upon objections to form is final.
649 (ii) The clerk's decision upon substantive matters is reviewable by a district court if prompt
650 application is made to the district court.
651 (iii) The decision of the district court is final unless the Supreme Court, in the exercise of
652 its discretion, agrees to review the lower court decision.
653 (8) Any person who filed a declaration of candidacy and was nominated, and any person
654 who was nominated by a nomination petition, may, any time up to 23 days before the election,
655 withdraw the nomination by filing a written affidavit with the clerk.