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H.B. 8
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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-7-203, as last amended by Chapter 45, Laws of Utah 1999
15 20A-7-205, as last amended by Chapter 45, Laws of Utah 1999
16 20A-7-206, as last amended by Chapter 45, Laws of Utah 1999
17 20A-7-303, as last amended by Chapter 45, Laws of Utah 1999
18 20A-7-305, as last amended by Chapter 45, Laws of Utah 1999
19 20A-7-306, as last amended by Chapter 45, Laws of Utah 1999
20 20A-7-503, as last amended by Chapter 45, Laws of Utah 1999
21 20A-7-504, as enacted by Chapter 272, Laws of Utah 1994
22 20A-7-505, as last amended by Chapter 45, Laws of Utah 1999
23 20A-7-506, as last amended by Chapter 45, Laws of Utah 1999
24 20A-7-602, as enacted by Chapter 272, Laws of Utah 1994
25 20A-7-603, as last amended by Chapter 45, Laws of Utah 1999
26 20A-7-605, as last amended by Chapter 45, Laws of Utah 1999
27 20A-7-606, as last amended by Chapter 45, Laws of Utah 1999
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 17-20-5 is amended to read:
30 17-20-5. Report of election and appointment of officers.
31 [
32 county clerk issues a certificate of election [
33
34 to fill vacancies in elective county offices, [
35 county clerk shall prepare and forward to the lieutenant governor a certified report [
36
37
38 (1) the name of the county[
39 (2) the name of the county office to which the person was elected or appointed[
40 (3) the date of the election or appointment of [
41 (4) the date of the expiration of the term for which the person was elected or appointed[
42 (5) the date of the certificate of election or appointment[
43 (6) the date of the qualification of the person [
44 Section 2. Section 20A-1-510 is amended to read:
45 20A-1-510. Midterm vacancies in municipal offices.
46 (1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the office
47 of municipal executive or member of a municipal legislative body, the municipal legislative body
48 shall appoint a registered voter in the municipality who meets the qualifications for office
49 established in Section 10-3-301 to fill the unexpired term of the office vacated until the January
50 following the next municipal election.
51 (b) Before acting to fill the vacancy, the municipal legislative body shall:
52 (i) give public notice of the vacancy at least two weeks before the municipal legislative
53 body meets to fill the vacancy; and
54 (ii) identify, in the notice:
55 (A) the date, time, and place of the meeting where the vacancy will be filled; and
56 (B) the person to whom a person interested in being appointed to fill the vacancy may
57 submit his name for consideration and any deadline for submitting it.
58 (c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within 30
59 days after the vacancy occurs, the municipal legislative body shall vote upon the names that have
60 been submitted.
61 (ii) The two persons having the highest number of votes of the municipal legislative body
62 shall appear before the municipal legislative body and the municipal legislative body shall vote
63 again.
64 (iii) If neither candidate receives a majority vote of the municipal legislative body at that
65 time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
66 (2) (a) A vacancy in the office of municipal executive or member of a municipal legislative
67 body shall be filled by an interim appointment, followed by an election to fill a two-year term, if:
68 (i) the vacancy occurs, or a letter of resignation is received, by the municipal executive at
69 least 14 days before the deadline for filing for election in an odd-numbered year; and
70 (ii) two years of the vacated term will remain after the first Monday of January following
71 the next municipal election.
72 (b) In appointing an interim replacement, the municipal legislative body shall comply with
73 the notice requirements of this section.
74 (3) A member of a municipal legislative body may not participate in any part of the process
75 established in this section to fill a vacancy if that member is being considered for appointment to
76 fill the vacancy.
77 Section 3. Section 20A-7-203 is amended to read:
78 20A-7-203. Form of initiative petition and signature sheets.
79 (1) (a) Each proposed initiative petition shall be printed in substantially the following
80 form:
81 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
82 We, the undersigned citizens of Utah, respectfully demand that the following proposed law
83 be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the regular
84 general election/session to be held/ beginning on the ____ day of ____, 19__;
85 Each signer says:
86 I have personally signed this petition;
87 I am registered to vote in Utah or intend to become registered to vote in Utah before the
88 certification of the petition names by the county clerk; and
89 My residence and post office address are written correctly after my name."
90 (b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
91 petition.
92 (2) Each signature sheet shall:
93 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
94 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
95 blank for the purpose of binding;
96 (c) contain the title of the initiative printed below the horizontal line;
97 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
98 the title of the initiative;
99 (e) contain, to the right of the word "Warning," the following statement printed or typed
100 in not less than eight-point, single leaded type:
101 "It is a class A misdemeanor for anyone to sign any initiative petition with any other name
102 than his own, or knowingly to sign his name more than once for the same measure, or to sign an
103 initiative petition when he knows he is not a registered voter and knows that he does not intend
104 to become registered to vote before the certification of the petition names by the county clerk.";
105 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
106 by this section; and
107 (g) be vertically divided into columns as follows:
108 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
109 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle
110 with the left subdivision entitled "Registered" and the right subdivision left untitled;
111 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
112 (must be legible to be counted)";
113 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
114 and
115 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
116 (3) The final page of each initiative packet shall contain the following printed or typed
117 statement:
118 "Verification
119 State of Utah, County of ____
120 I, _______________, of ____, hereby state that:
121 I am a resident of Utah and am at least 18 years old;
122 All the names that appear in this packet were signed by persons who professed to be the
123 persons whose names appear in it, and each of them signed his name on it in my presence;
124 I believe that each has printed and signed his name and written his post office address and
125 residence correctly, and that each signer is registered to vote in Utah or intends to become
126 registered to vote before the certification of the petition names by the county clerk.
127 ________________________________________________________________________
128 (Name) (Residence Address) (Date)"
129 (4) The forms prescribed in this section are not mandatory, and, if substantially followed,
130 the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
131 Section 4. Section 20A-7-205 is amended to read:
132 20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
133 (1) Any Utah voter may sign an initiative petition if the voter is a legal voter.
134 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
135 signed:
136 (a) is at least 18 years old and meets the residency requirements of Section 20A-2-105 ; and
137 (b) verifies each signature sheet by completing the verification printed on the last page of
138 each initiative packet.
139 (3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
140 from the petition by submitting a notarized statement to that effect to the county clerk.
141 (ii) In order for the signature to be removed, the statement must be received by the county
142 clerk before he delivers the petition to the lieutenant governor.
143 (b) Upon receipt of the statement, the county clerk shall remove the signature of the person
144 submitting the statement from the initiative petition.
145 (c) No one may remove signatures from an initiative petition after the petition is submitted
146 to the lieutenant governor.
147 Section 5. Section 20A-7-206 is amended to read:
148 20A-7-206. Submitting the initiative petition -- Certification of signatures by the
149 county clerks -- Transfer to lieutenant governor.
150 (1) In order to qualify an initiative petition for placement on the regular general election
151 ballot, the sponsors shall deliver each signed and verified initiative packet to the county clerk of
152 the county in which the packet was circulated by the June 1 before the regular general election.
153 (2) No later than June 15 before the regular general election, the county clerk shall:
154 (a) check the names of all persons completing the verification for the initiative packet to
155 determine whether or not those persons are residents of Utah and are at least 18 years old; and
156 (b) submit the name of each of those persons who is not [
157 resident or who is not at least 18 years old to the attorney general and county attorney.
158 (3) No later than July 1 before the regular general election, the county clerk shall:
159 (a) check all the names of the signers against the official registers to determine whether
160 or not the signer is a registered voter;
161 (b) certify on the petition whether or not each name is that of a registered voter; and
162 (c) deliver all of the packets to the lieutenant governor.
163 (4) In order to qualify an initiative petition for submission to the Legislature, the sponsors
164 shall deliver each signed and verified initiative packet to the county clerk of the county in which
165 the packet was circulated by the November 15 before the annual general session of the Legislature.
166 (5) No later than December 1 before the annual general session of the Legislature, the
167 county clerk shall:
168 (a) check the names of all persons completing the verification for the initiative packet to
169 determine whether or not those persons are Utah residents and are at least 18 years old; and
170 (b) submit the name of each of those persons who is not a Utah resident or who is not at
171 least 18 years old to the attorney general and county attorney.
172 (6) No later than December 15 before the annual general session of the Legislature, the
173 county clerk shall:
174 (a) check all the names of the signers against the official registers to determine whether
175 or not the signer is a registered voter;
176 (b) certify on the petition whether or not each name is that of a registered voter; and
177 (c) deliver all of the packets to the lieutenant governor.
178 (7) Initiative packets are public once they are delivered to the county clerks.
179 (8) The sponsor or their representatives may not retrieve initiative packets from the county
180 clerks once they have submitted them.
181 Section 6. Section 20A-7-303 is amended to read:
182 20A-7-303. Form of referendum petition and signature sheets.
183 (1) (a) Each proposed referendum petition shall be printed in substantially the following
184 form:
185 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
186 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
187 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here the
188 part or parts on which the referendum is sought), passed by the ____ Session of the Legislature of
189 the state of Utah, be referred to the people of Utah for their approval or rejection at a regular
190 general election or a statewide special election;
191 Each signer says:
192 I have personally signed this petition;
193 I am registered to vote in Utah or intend to become registered to vote in Utah before the
194 certification of the petition names by the county clerk; and
195 My residence and post office address are written correctly after my name."
196 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
197 referendum to each referendum petition.
198 (2) Each signature sheet shall:
199 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
200 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
201 blank for the purpose of binding;
202 (c) contain the title of the referendum printed below the horizontal line;
203 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
204 the title of the referendum;
205 (e) contain, to the right of the word "Warning," the following statement printed or typed
206 in not less than eight-point, single leaded type:
207 "It is a class A misdemeanor for anyone to sign any referendum petition with any other
208 name than his own, or knowingly to sign his name more than once for the same measure, or to sign
209 a referendum petition when he knows he is not a registered voter and knows that he does not intend
210 to become registered to vote before the certification of the petition names by the county clerk.";
211 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
212 by this section; and
213 (g) be vertically divided into columns as follows:
214 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
215 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
216 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
217 (must be legible to be counted)";
218 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
219 and
220 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code".
221 (3) The final page of each referendum packet shall contain the following printed or typed
222 statement:
223 "Verification
224 State of Utah, County of ____
225 I, _______________, of ____, hereby state that:
226 I am a Utah resident and am at least 18 years old;
227 All the names that appear in this packet were signed by persons who professed to be the
228 persons whose names appear in it, and each of them signed his name on it in my presence;
229 I believe that each has printed and signed his name and written his post office address and
230 residence correctly, and that each signer is registered to vote in Utah or intends to become
231 registered to vote before the certification of the petition names by the county clerk.
232 ________________________________________________________________________
233 (Name) (Residence Address) (Date)"
234 (4) The forms prescribed in this section are not mandatory, and, if substantially followed,
235 the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
236 Section 7. Section 20A-7-305 is amended to read:
237 20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
238 (1) Any Utah voter may sign a referendum petition if the voter is a legal voter.
239 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
240 signed:
241 (a) is at least 18 years old and meets the residency requirements of Section 20A-2-105 ; and
242 (b) verifies each signature sheet by completing the verification printed on the last page of
243 each signature sheet.
244 (3) (a) (i) Any voter who has signed a referendum petition may have his signature removed
245 from the petition by submitting a notarized statement to that effect to the county clerk.
246 (ii) In order for the signature to be removed, the statement must be received by the county
247 clerk before he delivers the petition to the lieutenant governor.
248 (b) Upon receipt of the statement, the county clerk shall remove the signature of the person
249 submitting the statement from the referendum petition.
250 (c) No one may remove signatures from a referendum petition after the petition is
251 submitted to the lieutenant governor.
252 Section 8. Section 20A-7-306 is amended to read:
253 20A-7-306. Submitting the referendum petition -- Certification of signatures by the
254 county clerks -- Transfer to lieutenant governor.
255 (1) No later than 40 days after the end of the legislative session at which the law passed,
256 the sponsors shall deliver each signed and verified referendum packet to the county clerk of the
257 county in which the packet was circulated.
258 (2) No later than 55 days after the end of the legislative session at which the law passed,
259 the county clerk shall:
260 (a) check the names of all persons completing the verification on the back of each
261 signature sheet to determine whether or not those persons are Utah residents and are at least 18
262 years old; and
263 (b) submit the name of each of those persons who is not a Utah resident or who is not at
264 least 18 years old to the attorney general and county attorney.
265 (3) No later than 55 days after the end of the legislative session at which the law passed,
266 the county clerk shall:
267 (a) check all the names of the signers against the official registers to determine whether
268 or not the signer is a voter;
269 (b) certify on the referendum petition whether or not each name is that of a voter; and
270 (c) deliver all of the referendum packets to the lieutenant governor.
271 Section 9. Section 20A-7-503 is amended to read:
272 20A-7-503. Form of initiative petitions and signature sheets.
273 (1) (a) Each proposed initiative petition shall be printed in substantially the following
274 form:
275 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
276 Clerk:
277 We, the undersigned citizens of Utah, respectfully demand that the following proposed law
278 be submitted to: the legislative body for its approval or rejection at its next meeting; and the legal
279 voters of the county/city/town, if the legislative body rejects the proposed law or takes no action
280 on it.
281 Each signer says:
282 I have personally signed this petition;
283 I am registered to vote in Utah or intend to become registered to vote in Utah before the
284 certification of the petition names by the county clerk; and
285 My residence and post office address are written correctly after my name."
286 (b) The sponsors of an initiative shall attach a copy of the proposed law to each initiative
287 petition.
288 (2) Each signature sheet shall:
289 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
290 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
291 blank for the purpose of binding;
292 (c) contain the title of the initiative printed below the horizontal line;
293 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
294 the title of the initiative;
295 (e) contain, to the right of the word "Warning," the following statement printed or typed
296 in not less than eight-point, single leaded type:
297 "It is a class A misdemeanor for anyone to sign any initiative petition with any other name
298 than his own, or knowingly to sign his name more than once for the same measure, or to sign an
299 initiative petition when he knows he is not a registered voter and knows that he does not intend
300 to become registered to vote before the certification of the petition names by the county clerk.";
301 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
302 by this section;
303 (g) be vertically divided into columns as follows:
304 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
305 headed with "For Office Use Only", and be subdivided with a light vertical line down the middle
306 with the left subdivision entitled "Registered" and the right subdivision left untitled;
307 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
308 (must be legible to be counted)";
309 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
310 and
311 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
312 and
313 (h) contain the following statement, printed or typed upon the back of each sheet:
314 "Verification
315 State of Utah, County of ____
316 I, _______________, of ____, hereby state that:
317 I am a resident of Utah and am at least 18 years old;
318 All the names that appear on this sheet were signed by persons who professed to be the
319 persons whose names appear in it, and each of them signed his name on it in my presence;
320 I believe that each has printed and signed his name and written his post office address and
321 residence correctly, and that each signer is registered to vote in Utah or intends to become
322 registered to vote before the certification of the petition names by the county clerk.
323 _____________________________"
324 (3) The forms prescribed in this section are not mandatory, and, if substantially followed,
325 the initiative petitions are sufficient, notwithstanding clerical and merely technical errors.
326 Section 10. Section 20A-7-504 is amended to read:
327 20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
328 materials.
329 (1) In order to obtain the necessary number of signatures required by this part, the sponsors
330 shall circulate initiative packets that meet the form requirements of this part.
331 (2) The local clerk shall furnish to the sponsors:
332 (a) [
333 (b) [
334 (3) The sponsors of the petition shall:
335 (a) arrange and pay for the printing of all additional copies of the petition and signature
336 sheets; and
337 (b) ensure that the copies of the petition and signature sheets meet the form requirements
338 of this section.
339 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
340 initiative packets.
341 (b) The sponsors shall create those packets by binding a copy of the initiative petition, a
342 copy of the proposed law, and no more than 50 signature sheets together at the top in such a way
343 that the packets may be conveniently opened for signing.
344 (c) The sponsors need not attach a uniform number of signature sheets to each initiative
345 packet.
346 (5) (a) After the sponsors have prepared sufficient initiative packets, they shall return them
347 to the local clerk.
348 (b) The local clerk shall:
349 (i) number each of the initiative packets and return them to the sponsors within five
350 working days; and
351 (ii) keep a record of the numbers assigned to each packet.
352 Section 11. Section 20A-7-505 is amended to read:
353 20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
354 (1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
355 resides in the local jurisdiction.
356 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
357 signed:
358 (a) is at least 18 years old and meets the residency requirements of Section 20A-2-105 ; and
359 (b) verifies each signature sheet by completing the verification printed on the back of each
360 signature sheet.
361 (3) (a) (i) Any voter who has signed an initiative petition may have his signature removed
362 from the petition by submitting a notarized statement to that effect to the local clerk.
363 (ii) In order for the signature to be removed, the statement must be received by the local
364 clerk before he delivers the petition to the county clerk to be certified.
365 (b) Upon receipt of the statement, the local clerk shall remove the signature of the person
366 submitting the statement from the initiative petition.
367 (c) No one may remove signatures from an initiative petition after the petition is submitted
368 to the county clerk to be certified.
369 Section 12. Section 20A-7-506 is amended to read:
370 20A-7-506. Submitting the initiative petition -- Certification of signatures by the
371 county clerks -- Transfer to local clerk.
372 (1) No later than 120 days before any regular general election, for county initiatives, or
373 municipal general election, for municipal initiatives, the sponsors shall deliver each signed and
374 verified initiative packet to the county clerk of the county in which the packet was circulated.
375 (2) No later than 90 days before any general election, the county clerk shall:
376 (a) check the names of all persons completing the verification on the back of each
377 signature sheet to determine whether or not those persons are residents of Utah and are at least 18
378 years old; and
379 (b) submit the name of each of those persons who is not a Utah resident or who is not at
380 least 18 years old to the attorney general and county attorney.
381 (3) No later than 60 days before any general election, the county clerk shall:
382 (a) check all the names of the signers against the official registers to determine whether
383 or not the signer is a voter;
384 (b) certify on the petition whether or not each name is that of a voter; and
385 (c) deliver all of the packets to the local clerk.
386 Section 13. Section 20A-7-602 is amended to read:
387 20A-7-602. Local referendum process -- Application procedures.
388 (1) Persons wishing to circulate a referendum petition shall file an application with the
389 local clerk.
390 (2) The application shall contain:
391 (a) the name and residence address of at least five sponsors of the referendum petition;
392 (b) a certification indicating that each of the sponsors:
393 (i) is a [
394 (ii) (A) if the referendum challenges a county ordinance, has voted in a regular general
395 election in Utah within the last three years; or
396 (B) if the referendum challenges a municipal ordinance, has voted in a regular municipal
397 election in Utah within the last three years;
398 (c) the signature of each of the sponsors, attested to by a notary public; and
399 (d) [
400 Section 14. Section 20A-7-603 is amended to read:
401 20A-7-603. Form of referendum petition and signature sheets.
402 (1) (a) Each proposed referendum petition shall be printed in substantially the following
403 form:
404 "REFERENDUM PETITION To the Honorable ____, County Clerk/City Recorder/Town
405 Clerk:
406 We, the undersigned citizens of Utah, respectfully order that Ordinance No. ____, entitled
407 (title of ordinance, and, if the petition is against less than the whole ordinance, set forth here the
408 part or parts on which the referendum is sought), passed by the ____ be referred to the voters for
409 their approval or rejection at the regular/municipal general election to be held on the ____ day of
410 ____, 19__;
411 Each signer says:
412 I have personally signed this petition;
413 I am registered to vote in Utah or intend to become registered to vote in Utah before the
414 certification of the petition names by the county clerk; and
415 My residence and post office address are written correctly after my name."
416 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
417 referendum to each referendum petition.
418 (2) Each signature sheet shall:
419 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
420 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
421 blank for the purpose of binding;
422 (c) contain the title of the referendum printed below the horizontal line;
423 (d) contain the word "Warning" printed or typed at the top of each signature sheet under
424 the title of the referendum;
425 (e) contain, to the right of the word "Warning," the following statement printed or typed
426 in not less than eight-point, single leaded type:
427 "It is a class A misdemeanor for anyone to sign any referendum petition with any other
428 name than his own, or knowingly to sign his name more than once for the same measure, or to sign
429 a referendum petition when he knows he is not a registered voter and knows that he does not intend
430 to become registered to vote before the certification of the petition names by the county clerk.";
431 (f) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement required
432 by this section;
433 (g) be vertically divided into columns as follows:
434 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
435 headed with "For Office Use Only," and be subdivided with a light vertical line down the middle;
436 (ii) the next column shall be three inches wide, headed "Registered Voter's Printed Name
437 (must be legible to be counted)";
438 (iii) the next column shall be three inches wide, headed "Signature of Registered Voter";
439 and
440 (iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip Code";
441 and
442 (h) contain the following statement, printed or typed upon the back of each sheet:
443 "Verification
444 State of Utah, County of ____
445 I, _______________, of ____, hereby state that:
446 I am a resident of Utah and am at least 18 years old;
447 All the names that appear on this sheet were signed by persons who professed to be the
448 persons whose names appear in it, and each of them signed his name on it in my presence;
449 I believe that each has printed and signed his name and written his post office address and
450 residence correctly, and that each signer is registered to vote in Utah or intends to become
451 registered to vote before the certification of the petition names by the county clerk.
452 _____________________________"
453 (3) The forms prescribed in this section are not mandatory, and, if substantially followed,
454 the referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
455 Section 15. Section 20A-7-605 is amended to read:
456 20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
457 (1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
458 resides in the local jurisdiction.
459 (2) The sponsors shall ensure that the person in whose presence each signature sheet was
460 signed:
461 (a) is at least 18 years old and meets the residency requirements of Section 20A-2-105 ; and
462 (b) verifies each signature sheet by completing the verification printed on the back of each
463 signature sheet.
464 (3) (a) [
465 removed from the petition by submitting a notarized statement to that effect to the local clerk.
466 [
467
468 (b) [
469 clerk shall remove the signature of the person submitting the statement from the referendum
470 petition.
471 (c) [
472 petition [
473 Section 16. Section 20A-7-606 is amended to read:
474 20A-7-606. Submitting the referendum petition -- Certification of signatures by the
475 county clerks -- Transfer to local clerk.
476 (1) No later than 120 days before any regular general election for county referenda, or
477 municipal general election for local referenda, the sponsors shall deliver each signed and verified
478 referendum packet to the county clerk of the county in which the packet was circulated.
479 (2) No later than 90 days before any general election, the county clerk shall:
480 (a) check the names of all persons completing the verification on the back of each
481 signature sheet to determine whether or not those persons are Utah residents and are at least 18
482 years old; and
483 (b) submit the name of each of those persons who is not a Utah resident or who is not at
484 least 18 years old to the attorney general and county attorney.
485 (3) No later than 60 days before any general election, the county clerk shall:
486 (a) check all the names of the signers against the official registers to determine whether
487 or not the signer is a voter;
488 (b) certify on the referendum petition whether or not each name is that of a voter; and
489 (c) deliver all of the referendum packets to the local clerk.
Legislative Review Note
as of 11-1-99 7:38 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Government Operations Interim Committee recommended this bill.
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