H.B. 19 Enrolled

1

ELECTION CODE CRIMINAL PROVISIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Keith Grover
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in Title 20A, Election Code, regarding the penalty for and
10 prosecution of violations of the Election Code.
11 Highlighted Provisions:
12 This bill:
13 . standardizes language that establishes certain criminal penalties in Title 20A,
14 Election Code;
15 . repeals provisions that specify who is required to prosecute a violation of Title 20A,
16 Election Code; and
17 . makes technical and conforming amendments.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-4-501, as enacted by Laws of Utah 1993, Chapter 1
25 20A-4-502, as enacted by Laws of Utah 1993, Chapter 1
26 20A-5-701, as last amended by Laws of Utah 2007, Chapter 75
27 20A-5-702, as enacted by Laws of Utah 1993, Chapter 1
28 20A-5-705, as enacted by Laws of Utah 1993, Chapter 1
29 20A-7-213, as last amended by Laws of Utah 2003, Chapter 304

30 20A-7-312, as last amended by Laws of Utah 2009, Chapter 202
31 20A-7-512, as last amended by Laws of Utah 2001, Chapter 20
32 20A-8-103, as last amended by Laws of Utah 2012, Chapter 75
33 20A-9-502, as last amended by Laws of Utah 2012, Chapter 75
34 REPEALS:
35 20A-4-503, as enacted by Laws of Utah 1993, Chapter 1
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-4-501 is amended to read:
39 20A-4-501. Election returns -- Forgery.
40 (1) It is unlawful for any person to:
41 (a) forge or counterfeit any election returns from any election purporting to have been
42 held at any voting precinct where no election was in fact held;
43 (b) willfully substitute any forged or counterfeit election returns in the place of the true
44 return for a voting precinct where any election was actually held; or
45 (c) commit or cause any fraud in any election in any manner.
46 (2) [Each person who violates this section may be sentenced to imprisonment in the
47 state prison for a term of not less than two nor more than 10 years] A violation of this section is
48 a third degree felony.
49 Section 2. Section 20A-4-502 is amended to read:
50 20A-4-502. Altering vote count or returns.
51 (1) It is unlawful for any person to:
52 (a) willfully add to or subtract from the votes actually cast at an election in any election
53 returns; or
54 (b) alter any election returns.
55 (2) Any person who violates this section [may be sentenced to imprisonment in the
56 state prison for not less than one nor more than five years] is guilty of a third degree felony.
57 Section 3. Section 20A-5-701 is amended to read:

58 20A-5-701. Willful neglect of duty or corrupt conduct -- Penalty.
59 (1) It is unlawful for any poll worker to willfully neglect [his] the poll worker's duty or
60 to willfully act corruptly in discharging [his] the poll worker's duty.
61 (2) Any poll worker who violates this section is guilty of a third degree felony [and,
62 upon conviction, shall be punished by a fine of $500 or by confinement in the state prison for
63 not less than one year or both].
64 Section 4. Section 20A-5-702 is amended to read:
65 20A-5-702. Destroying or concealing ballots.
66 (1) It is unlawful for any person, or officer having charge of official ballots, to destroy,
67 suppress, or conceal them, except authorized by this title.
68 (2) Any person who violates this section is guilty of a third degree felony[, and shall be
69 punished by imprisonment in the state prison for not less than one year nor more than five
70 years].
71 Section 5. Section 20A-5-705 is amended to read:
72 20A-5-705. Officer or watcher revealing vote.
73 (1) It is unlawful for any election official or watcher to reveal to any other person the
74 name of any candidate for whom a voter has voted, or to communicate to another [his] the
75 election official's or watcher's opinion, belief, or impression as to how or for whom a voter has
76 voted.
77 (2) [Any election official or watcher] A person who violates this section is guilty of a
78 class A misdemeanor [and shall be imprisoned for not less than six months, and fined not less
79 than $250].
80 Section 6. Section 20A-7-213 is amended to read:
81 20A-7-213. Misconduct of electors and officers -- Penalty.
82 (1) It is unlawful for any person to:
83 (a) sign any name other than [his] the person's own to any initiative petition;
84 (b) knowingly sign [his] the person's name more than once for the same measure at one
85 election;

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

114 (a) [he] the person does not meet the residency requirements of Section 20A-2-105 ;
115 (b) [he] the person has not witnessed the signatures of those persons whose names
116 appear in the referendum packet; or
117 (c) one or more persons whose signatures appear in the referendum packet is either:
118 (i) not registered to vote in Utah; or
119 (ii) does not intend to become registered to vote in Utah.
120 (3) Any person violating this section is guilty of a class A misdemeanor.
121 [(4) The attorney general or the county or district attorney shall prosecute any violation
122 of this section.]
123 Section 8. Section 20A-7-512 is amended to read:
124 20A-7-512. Misconduct of electors and officers -- Penalty.
125 (1) It is unlawful for any person to:
126 (a) sign any name other than [his] the person's own to any initiative petition;
127 (b) knowingly sign [his] the person's name more than once for the same measure at one
128 election;
129 (c) sign an initiative knowing [he] the person is not a legal voter; or
130 (d) knowingly and willfully violate any provision of this part.
131 (2) It is unlawful for any person to sign the verification for an initiative packet knowing
132 that:
133 (a) [he] the person does not meet the residency requirements of Section 20A-2-105 ;
134 (b) [he] the person has not witnessed the signatures of those persons whose names
135 appear in the initiative packet; or
136 (c) one or more persons whose signatures appear in the initiative packet is either:
137 (i) not registered to vote in Utah; or
138 (ii) does not intend to become registered to vote in Utah.
139 (3) Any person violating this part is guilty of a class A misdemeanor.
140 [(4) The county attorney or municipal attorney shall prosecute any violation of this
141 section.]

142 Section 9. Section 20A-8-103 is amended to read:
143 20A-8-103. Petition procedures -- Criminal penalty.
144 (1) As used in this section, the proposed name or emblem of a registered political party
145 is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
146 difference between the proposed name or emblem and any name or emblem currently being
147 used by another registered political party.
148 (2) To become a registered political party, an organization of registered voters that is
149 not a continuing political party shall:
150 (a) circulate a petition seeking registered political party status beginning no earlier than
151 the date of the statewide canvass held after the last regular general election and ending no later
152 than the February 15 of the year in which the next regular general election will be held; and
153 (b) file a petition with the lieutenant governor that is signed, with a holographic
154 signature, by at least 2,000 registered voters on or before February 15 of the year in which a
155 regular general election will be held.
156 (3) The petition shall:
157 (a) be on sheets of paper 8-1/2 inches long and 11 inches wide;
158 (b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
159 blank for the purpose of binding;
160 (c) contain the name of the political party and the words "Political Party Registration
161 Petition" printed directly below the horizontal line;
162 (d) contain the word "Warning" printed directly under the words described in
163 Subsection (3)(c);
164 (e) contain, to the right of the word "Warning," the following statement printed in not
165 less than eight-point, single leaded type:
166 "It is a class A misdemeanor for anyone to knowingly sign a political party registration
167 petition signature sheet with any name other than the person's own name or more than once for
168 the same party or if the person is not registered to vote in this state and does not intend to
169 become registered to vote in this state before the petition is submitted to the lieutenant

170 governor.";
171 (f) contain the following statement directly under the statement described in Subsection
172 (3)(e):
173 "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
174 Lieutenant Governor:
175 We, the undersigned citizens of Utah, seek registered political party status for ____
176 (name);
177 Each signer says:
178 I have personally signed this petition with a holographic signature;
179 I am registered to vote in Utah or will register to vote in Utah before the petition is
180 submitted to the lieutenant governor;
181 I am or desire to become a member of the political party; and
182 My street address is written correctly after my name."; and
183 (g) be vertically divided into columns as follows:
184 (i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
185 headed with "For Office Use Only," and be subdivided with a light vertical line down the
186 middle;
187 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
188 Name (must be legible to be counted)";
189 (iii) the next column shall be 2-1/2 inches wide, headed "Holographic Signature of
190 Registered Voter";
191 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
192 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
193 Code"; and
194 (vi) at the bottom of the sheet, contain the following statement: "Birth date or age
195 information is not required, but it may be used to verify your identity with voter registration
196 records. If you choose not to provide it, your signature may not be certified as a valid signature
197 if you change your address before petition signatures are certified or if the information you

198 provide does not match your voter registration records.";
199 (h) have a final page bound to one or more signature sheets that are bound together that
200 contains the following printed statement:
201 "Verification
202 State of Utah, County of ____
203 I, _______________, of ____, hereby state that:
204 I am a Utah resident and am at least 18 years old;
205 All the names that appear on the signature sheets bound to this page were signed by
206 persons who professed to be the persons whose names appear on the signature sheets, and each
207 of them signed the person's name on the signature sheets in my presence;
208 I believe that each has printed and signed the person's name and written the person's
209 street address correctly, and that each signer is registered to vote in Utah or will register to vote
210 in Utah before the petition is submitted to the lieutenant governor.
211 ______________________________________________________________________
212 (Signature) (Residence Address) (Date)"; and
213 (i) be bound to a cover sheet that:
214 (i) identifies the political party's name, which may not exceed four words, and the
215 emblem of the party;
216 (ii) states the process that the organization will follow to organize and adopt a
217 constitution and bylaws; and
218 (iii) is signed by a filing officer, who agrees to receive communications on behalf of
219 the organization.
220 (4) The filing officer described in Subsection (3)(i)(iii) shall ensure that the person in
221 whose presence each signature sheet is signed:
222 (a) is at least 18 years old;
223 (b) meets the residency requirements of Section 20A-2-105 ; and
224 (c) verifies each signature sheet by completing the verification bound to one or more
225 signature sheets that are bound together.

226 (5) A person may not sign the verification if the person signed a signature sheet bound
227 to the verification.
228 (6) The lieutenant governor shall:
229 (a) determine whether the required number of voters appears on the petition;
230 (b) review the proposed name and emblem to determine if they are "distinguishable"
231 from the names and emblems of other registered political parties; and
232 (c) certify the lieutenant governor's findings to the filing officer described in
233 Subsection (3)(i)(iii) within 30 days of the filing of the petition.
234 (7) (a) If the lieutenant governor determines that the petition meets the requirements of
235 this section, and that the proposed name and emblem are distinguishable, the lieutenant
236 governor shall authorize the filing officer described in Subsection (3)(i)(iii) to organize the
237 prospective political party.
238 (b) If the lieutenant governor finds that the name, emblem, or both are not
239 distinguishable from the names and emblems of other registered political parties, the lieutenant
240 governor shall notify the filing officer that the filing officer has seven days to submit a new
241 name or emblem to the lieutenant governor.
242 (8) A registered political party may not change its name or emblem during the regular
243 general election cycle.
244 (9) (a) It is unlawful for any person to:
245 (i) knowingly sign a political party registration petition:
246 (A) with any name other than the person's own name;
247 (B) more than once for the same political party; or
248 (C) if the person is not registered to vote in this state and does not intend to become
249 registered to vote in this state before the petition is submitted to the lieutenant governor; or
250 (ii) sign the verification of a political party registration petition signature sheet if the
251 person:
252 (A) does not meet the residency requirements of Section 20A-2-105 ;
253 (B) has not witnessed the signing by those persons whose names appear on the political

254 party registration petition signature sheet; or
255 (C) knows that a person whose signature appears on the political party registration
256 petition signature sheet is not registered to vote in this state and does not intend to become
257 registered to vote in this state.
258 (b) Any person violating this Subsection (9) is guilty of a class A misdemeanor.
259 [(c) The attorney general or the county attorney shall prosecute any violation of this
260 Subsection (9).]
261 Section 10. Section 20A-9-502 is amended to read:
262 20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
263 Criminal penalty.
264 (1) The candidate shall:
265 (a) prepare a certificate of nomination in substantially the following form:
266 "State of Utah, County of ______________________________________________
267 I, ______________, declare my intention of becoming an unaffiliated candidate for the
268 political group designated as ____ for the office of ____. I do solemnly swear that I can
269 qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
270 Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
271 that I am providing, or have provided, the required number of holographic signatures of
272 registered voters required by law; that as a candidate at the next election I will not knowingly
273 violate any election or campaign law; I will file all campaign financial disclosure reports as
274 required by law; and I understand that failure to do so will result in my disqualification as a
275 candidate for this office and removal of my name from the ballot.
276

__________________________________________

277

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

278

__________________________________________

279

Notary Public (or other officer

280

qualified to administer oaths)";

281 (b) bind signature sheets to the certificate that:

282 (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
283 (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
284 blank for the purpose of binding;
285 (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
286 Certificate of Nomination Petition" printed directly below the horizontal line;
287 (iv) contain the word "Warning" printed directly under the words described in
288 Subsection (1)(b)(iii);
289 (v) contain, to the right of the word "Warning," the following statement printed in not
290 less than eight-point, single leaded type:
291 "It is a class A misdemeanor for anyone to knowingly sign a certificate of nomination
292 signature sheet with any name other than the person's own name or more than once for the
293 same candidate or if the person is not registered to vote in this state and does not intend to
294 become registered to vote in this state before the county clerk certifies the signatures.";
295 (vi) contain the following statement directly under the statement described in
296 Subsection (1)(b)(v):
297 "Each signer says:
298 I have personally signed this petition with a holographic signature;
299 I am registered to vote in Utah or intend to become registered to vote in Utah before the
300 county clerk certifies my signature; and
301 My street address is written correctly after my name.";
302 (vii) contain horizontally ruled lines, 3/8 inch apart under the statement described in
303 Subsection (1)(b)(vi); and
304 (viii) be vertically divided into columns as follows:
305 (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
306 headed with "For Office Use Only," and be subdivided with a light vertical line down the
307 middle;
308 (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
309 Name (must be legible to be counted)";

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

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

366 (ii) at least 300 registered voters residing within a political division or at least 5% of
367 the registered voters residing within a political division, whichever is less, when the
368 nomination is for an office to be filled by the voters of any political division smaller than the
369 state.
370 (b) In reviewing the petition, the county clerk shall count and certify only those persons
371 who signed the petition with a holographic signature who:
372 (i) are registered voters within the political division that the candidate seeks to
373 represent; and
374 (ii) did not sign any other certificate of nomination for that office.
375 (c) The candidate may supplement or amend the certificate of nomination at any time
376 on or before the filing deadline.
377 Section 11. Repealer.
378 This bill repeals:
379 Section 20A-4-503, Abetting forgery or alteration.

[Bill Documents]