S.B. 20 Enrolled

1

PETITIONS BY CANDIDATES OR POLITICAL PARTIES
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Kraig Powell
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in Title 20A, Election Code, relating to a certificate of
10 nomination petition by an unaffiliated candidate and a political party registration
11 petition.
12 Highlighted Provisions:
13 This bill:
14 . establishes the criminal penalty of a class A misdemeanor for certain actions related
15 to signing or verifying the signing of a certificate of nomination petition by an
16 unaffiliated candidate and a political party registration petition;
17 . establishes requirements for the form and content of a certificate of nomination
18 petition by an unaffiliated candidate and a political party registration petition;
19 . requires a person who is a resident of at least 18 years of age to verify the signing of
20 a certificate of nomination petition by an unaffiliated candidate, except for a
21 presidential candidate, and a political party registration petition; and
22 . makes technical and conforming amendments.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 20A-8-103, as last amended by Laws of Utah 2011, Chapter 17

30 20A-9-502, as last amended by Laws of Utah 2011, Chapter 17
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 20A-8-103 is amended to read:
34 20A-8-103. Petition procedures -- Criminal penalty.
35 (1) As used in this section, the proposed name or emblem of a registered political party
36 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
37 difference between the proposed name or emblem and any name or emblem currently being
38 used by another registered political party.
39 (2) To become a registered political party, an organization of registered voters that is
40 not a continuing political party shall:
41 (a) circulate a petition seeking registered political party status beginning no earlier than
42 the date of the statewide canvass held after the last regular general election and ending no later
43 than the February 15 of the year in which the next regular general election will be held; and
44 (b) file a petition with the lieutenant governor that is signed, with a holographic
45 signature, by at least 2,000 registered voters on or before February 15 of the year in which a
46 regular general election will be held.
47 (3) The petition shall:
48 [(a) state that the signers are or desire to become members of the designated party or
49 group;]
50 [(b) state the name,]
51 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
52 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
53 blank for the purpose of binding;
54 (c) contain the name of the political party and the words "Political Party Registration
55 Petition" printed directly below the horizontal line;
56 (d) contain the word "Warning" printed directly under the words described in
57 Subsection (3)©;

58 (e) contain, to the right of the word "Warning," the following statement printed in not
59 less than eight-point, single leaded type:
60 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
61 petition signature sheet with any name other than the person's own name or more than once for
62 the same party or if the person is not registered to vote in this state and does not intend to
63 become registered to vote in this state before the petition is submitted to the lieutenant
64 governor.";
65 (f) contain the following statement directly under the statement described in Subsection
66 (3)(e):
67 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
68 Lieutenant Governor:
69 We, the undersigned citizens of Utah, seek registered political party status for ____
70 (name);
71 Each signer says:
72 I have personally signed this petition with a holographic signature;
73 I am registered to vote in Utah or will register to vote in Utah before the petition is
74 submitted to the lieutenant governor;
75 I am or desire to become a member of the political party; and
76 My street address is written correctly after my name."; and
77 (g) be vertically divided into columns as follows:
78 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
79 headed with "For Office Use Only," and be subdivided with a light vertical line down the
80 middle;
81 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
82 Name (must be legible to be counted)";
83 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
84 Registered Voter";
85 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";

86 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
87 Code"; and
88 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
89 information is not required, but it may be used to verify your identity with voter registration
90 records. If you choose not to provide it, your signature may not be certified as a valid signature
91 if you change your address before petition signatures are certified or if the information you
92 provide does not match your voter registration records.";
93 (h) have a final page bound to one or more signature sheets that are bound together that
94 contains the following printed statement:
95 "Verification
96 State of Utah, County of ____
97 I, _______________, of ____, hereby state that:
98 I am a Utah resident and am at least 18 years old;
99 All the names that appear on the signature sheets bound to this page were signed by
100 persons who professed to be the persons whose names appear on the signature sheets, and each
101 of them signed the person's name on the signature sheets in my presence;
102 I believe that each has printed and signed the person's name and written the person's
103 street address correctly, and that each signer is registered to vote in Utah or will register to vote
104 in Utah before the petition is submitted to the lieutenant governor.
105 ______________________________________________________________________
106 (Signature) (Residence Address) (Date)"; and
107 (i) be bound to a cover sheet that:
108 (i) identifies the political party's name, which may not exceed four words, and
109 [identify] the emblem of the party [or group];
110 [(c) state] (ii) states the process that the organization will follow to organize and adopt
111 a constitution and bylaws; and
112 [(d) be] (iii) is signed by a filing officer, who agrees to receive communications on
113 behalf of the organization.

114 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the person in
115 whose presence each signature sheet is signed:
116 (a) is at least 18 years old;
117 (b) meets the residency requirements of Section 20A-2-105 ; and
118 (c) verifies each signature sheet by completing the verification bound to one or more
119 signature sheets that are bound together.
120 (5) A person may not sign the verification if the person signed a signature sheet bound
121 to the verification.
122 [(4)] (6) The lieutenant governor shall:
123 (a) determine whether the required number of voters appears on the petition;
124 (b) review the proposed name and emblem to determine if they are "distinguishable"
125 from the names and emblems of other registered political parties; and
126 (c) certify the lieutenant governor's findings to the filing officer [of the group]
127 described in Subsection (3)(i)(iii) within 30 days of the filing of the petition.
128 [(5)] (7) (a) If the lieutenant governor determines that the petition meets the
129 requirements of this section, and that the proposed name and emblem are distinguishable, [he]
130 the lieutenant governor shall authorize the filing officer described in Subsection (3)(i)(iii) to
131 organize the prospective political party.
132 (b) If the lieutenant governor finds that the name, emblem, or both are not
133 distinguishable from the names and emblems of other registered political parties, the lieutenant
134 governor shall notify the filing officer that the filing officer has seven days to submit a new
135 name or emblem to the lieutenant governor.
136 [(6)] (8) A registered political party may not change its name or emblem during the
137 regular general election cycle.
138 (9) (a) It is unlawful for any person to:
139 (i) knowingly sign a political party registration petition:
140 (A) with any name other than the person's own name;
141 (B) more than once for the same political party; or

142 (C) if the person is not registered to vote in this state and does not intend to become
143 registered to vote in this state before the petition is submitted to the lieutenant governor; or
144 (ii) sign the verification of a political party registration petition signature sheet if the
145 person:
146 (A) does not meet the residency requirements of Section 20A-2-105 ;
147 (B) has not witnessed the signing by those persons whose names appear on the political
148 party registration petition signature sheet; or
149 (C) knows that a person whose signature appears on the political party registration
150 petition signature sheet is not registered to vote in this state and does not intend to become
151 registered to vote in this state.
152 (b) Any person violating this Subsection (9) is guilty of a class A misdemeanor.
153 (c) The attorney general or the county attorney shall prosecute any violation of this
154 Subsection (9).
155 Section 2. Section 20A-9-502 is amended to read:
156 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
157 Criminal penalty.
158 (1) The candidate shall:
159 (a) prepare a certificate of nomination in substantially the following form:
160 "State of Utah, County of ______________________________________________
161 I, ______________, declare my intention of becoming an unaffiliated candidate for the
162 political group designated as ____ for the office of ____. I do solemnly swear that I can
163 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
164 Street, in the city of ____, county of ____, state of [Utah] ______, zip code ____, phone ____,
165 and that I am providing, or have provided, the required number of holographic signatures of
166 registered voters required by law; that as a candidate at the next election I will not knowingly
167 violate any election or campaign law; I will file all campaign financial disclosure reports as
168 required by law; and I understand that failure to do so will result in my disqualification as a
169 candidate for this office and removal of my name from the ballot.

170

__________________________________________

171

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

172

__________________________________________

173

Notary Public (or other officer

174

qualified to administer oaths)"; [and]

175 (b) [attach] bind signature sheets to the certificate that [contain a place for the
176 registered voter's holographic signature, a place for the registered voter to print the registered
177 voter's name, and a place for the registered voter's address.]:
178 (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
179 (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
180 blank for the purpose of binding;
181 (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
182 Certificate of Nomination Petition" printed directly below the horizontal line;
183 (iv) contain the word "Warning" printed directly under the words described in
184 Subsection (1)(b)(iii);
185 (v) contain, to the right of the word "Warning," the following statement printed in not
186 less than eight-point, single leaded type:
187 "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
188 signature sheet with any name other than the person's own name or more than once for the
189 same candidate or if the person is not registered to vote in this state and does not intend to
190 become registered to vote in this state before the county clerk certifies the signatures.";
191 (vi) contain the following statement directly under the statement described in
192 Subsection (1)(b)(v):
193 "Each signer says:
194 I have personally signed this petition with a holographic signature;
195 I am registered to vote in Utah or intend to become registered to vote in Utah before the
196 county clerk certifies my signature; and
197 My street address is written correctly after my name.";

198 (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
199 Subsection (1)(b)(vi); and
200 (viii) be vertically divided into columns as follows:
201 (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
202 headed with "For Office Use Only," and be subdivided with a light vertical line down the
203 middle;
204 (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
205 Name (must be legible to be counted)";
206 (C) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
207 Registered Voter";
208 (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
209 (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
210 Code"; and
211 (F) at the bottom of the sheet, contain the following statement: "Birth date or age
212 information is not required, but it may be used to verify your identity with voter registration
213 records. If you choose not to provide it, your signature may not be certified as a valid signature
214 if you change your address before petition signatures are certified or if the information you
215 provide does not match your voter registration records."; and
216 (c) bind a final page to one or more signature sheets that are bound together that
217 contains, except as provided by Subsection (2), the following printed statement:
218 "Verification
219 State of Utah, County of ____
220 I, _______________, of ____, hereby state that:
221 I am a Utah resident and am at least 18 years old;
222 All the names that appear on the signature sheets bound to this page were signed by
223 persons who professed to be the persons whose names appear on the signature sheets, and each
224 of them signed the person's name on the signature sheets in my presence;
225 I believe that each has printed and signed the person's name and written the person's

226 street address correctly, and that each signer is registered to vote in Utah or will register to vote
227 in Utah before the county clerk certifies the signatures on the signature sheet.
228 ______________________________________________________________________
229 (Signature) (Residence Address) (Date)".
230 (2) (a) The candidate shall circulate the nomination petition and ensure that the person
231 in whose presence each signature sheet is signed:
232 (i) is at least 18 years old;
233 (ii) except as provided by Subsection (2)(b), meets the residency requirements of
234 Section 20A-2-105 ; and
235 (iii) verifies each signature sheet by completing the verification bound to one or more
236 signature sheets that are bound together.
237 (b) A person who is not a resident may sign the verification on a petition for an
238 unaffiliated candidate for the office of President of the United States.
239 (c) A person may not sign the verification if the person signed a signature sheet bound
240 to the verification.
241 (3) (a) It is unlawful for any person to:
242 (i) knowingly sign a certificate of nomination signature sheet:
243 (A) with any name other than the person's own name;
244 (B) more than once for the same candidate; or
245 (C) if the person is not registered to vote in this state and does not intend to become
246 registered to vote in this state before the county clerk certifies the signatures; or
247 (ii) sign the verification of a certificate of nomination signature sheet if the person:
248 (A) except as provided by Subsection (2)(b), does not meet the residency requirements
249 of Section 20A-2-105 ;
250 (B) has not witnessed the signing by those persons whose names appear on the
251 certificate of nomination signature sheet; or
252 (C) knows that a person whose signature appears on the certificate of nomination
253 signature sheet is not registered to vote in this state and does not intend to become registered to

254 vote in this state.
255 (b) Any person violating this Subsection (3) is guilty of a class A misdemeanor.
256 (c) The attorney general or the county attorney shall prosecute any violation of this
257 Subsection (3).
258 (4) (a) The candidate shall submit [it] the petition and signature sheets to the county
259 clerk for certification when the petition has been completed by:
260 (i) at least 1,000 registered voters residing within the state when the nomination is for
261 an office to be filled by the voters of the entire state; or
262 (ii) at least 300 registered voters residing within a political division or at least 5% of
263 the registered voters residing within a political division, whichever is less, when the
264 nomination is for an office to be filled by the voters of any political division smaller than the
265 state.
266 (b) In reviewing the petition, the county clerk shall count and certify only those persons
267 who signed the petition with a holographic signature who:
268 (i) are registered voters within the political division that the candidate seeks to
269 represent; and
270 (ii) did not sign any other certificate of nomination for that office.
271 (c) The candidate may supplement or amend the certificate of nomination at any time
272 on or before the filing deadline.