Representative Brian M. Greene proposes the following substitute bill:


1     
NOMINATION PETITION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian M. Greene

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code relating to a petition to nominate a
10     candidate for office.
11     Highlighted Provisions:
12          This bill:
13          ▸     establishes a procedure for an individual to remove the individual's signature from a
14     candidate nomination petition;
15          ▸     recodifies and clarifies criminal provisions relating to a candidate nomination
16     petition;
17          ▸     provides that criminal provisions relating to a candidate nomination petition apply
18     to both a candidate nomination petition for a registered political party and a
19     candidate nomination petition for a qualified political party;
20          ▸     imposes criminal and civil penalties when a signature gatherer intentionally
21     misrepresents the purpose of a nomination petition or certain other information
22     relating to the petition;
23          ▸     requires a signature gatherer to display certain information relating to a candidate
24     for whom they are collecting signatures; and
25          ▸     makes technical and conforming changes.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          20A-9-403, as last amended by Laws of Utah 2016, Chapter 28
33          20A-9-405, as enacted by Laws of Utah 2014, Chapter 17
34          20A-9-408, as last amended by Laws of Utah 2016, Chapter 28
35          20A-9-411, as enacted by Laws of Utah 2015, Chapter 296
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 20A-9-403 is amended to read:
39          20A-9-403. Regular primary elections.
40          (1) (a) Candidates for elective office that are to be filled at the next regular general
41     election shall be nominated in a regular primary election by direct vote of the people in the
42     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
43     designated as regular primary election day. Nothing in this section shall affect a candidate's
44     ability to qualify for a regular general election's ballot as an unaffiliated candidate under
45     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
46     Section 20A-9-601.
47          (b) Each registered political party that chooses to have the names of its candidates for
48     elective office featured with party affiliation on the ballot at a regular general election shall
49     comply with the requirements of this section and shall nominate its candidates for elective
50     office in the manner prescribed in this section.
51          (c) A filing officer may not permit an official ballot at a regular general election to be
52     produced or used if the ballot denotes affiliation between a registered political party or any
53     other political group and a candidate for elective office who was not nominated in the manner
54     prescribed in this section or in Subsection 20A-9-202(4).
55          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
56     even-numbered year in which a regular general election will be held.

57          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
58     shall:
59          (i) either declare their intent to participate in the next regular primary election or
60     declare that the registered political party chooses not to have the names of its candidates for
61     elective office featured on the ballot at the next regular general election; and
62          (ii) if the registered political party participates in the upcoming regular primary
63     election, identify one or more registered political parties whose members may vote for the
64     registered political party's candidates and whether [or not persons] individuals identified as
65     unaffiliated with a political party may vote for the registered political party's candidates.
66          (b) (i) A registered political party that is a continuing political party must file the
67     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
68     November 15 of each odd-numbered year.
69          (ii) An organization that is seeking to become a registered political party under Section
70     20A-8-103 must file the statement described in Subsection (2)(a) at the time that the registered
71     political party files the petition described in Section 20A-8-103.
72          (3) (a) Except as provided in Subsection (3)(e), [a person who has submitted] an
73     individual who submits a declaration of candidacy under Section 20A-9-202 shall appear as a
74     candidate for elective office on the regular primary ballot of the registered political party listed
75     on the declaration of candidacy only if the [person] individual is certified by the appropriate
76     filing officer as having submitted a set of nomination petitions that was:
77          (i) circulated and completed in accordance with Section 20A-9-405; and
78          (ii) signed by at least two percent of the registered political party's members who reside
79     in the political division of the office that the [person] individual seeks.
80          (b) A candidate for elective office shall submit nomination petitions to the appropriate
81     filing officer for verification and certification no later than 5 p.m. on the final day in March.
82     Candidates may supplement their submissions at any time on or before the filing deadline.
83          (c) The lieutenant governor shall determine for each elective office the total number of
84     signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate number
85     of [persons] individuals residing in each elective office's political division who have designated
86     a particular registered political party on their voter registration forms as of November 1 of each
87     odd-numbered year. The lieutenant governor shall publish this determination for each elective

88     office no later than November 15 of each odd-numbered year.
89          (d) The filing officer shall, subject to Section 20A-9-411:
90          (i) verify signatures on a nomination [petitions] petition in a transparent and orderly
91     manner;
92          (ii) certify signatures on a nomination petition no sooner than February 20;
93          [(ii)] (iii) for all qualifying candidates for elective office who submitted nomination
94     petitions to the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5
95     p.m. on the first Monday after the third Saturday in April;
96          [(iii)] (iv) consider active and inactive voters eligible to sign nomination petitions;
97          [(iv)] (v) consider [a person] an individual who signs a nomination petition a member
98     of a registered political party for purposes of Subsection (3)(a)(ii) if the [person has designated]
99     individual designates that registered political party as the [person's] individual's party
100     membership on the [person's] individual's most recent voter registration form that was signed
101     by the individual; and
102          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
103     petition signatures, or use statistical sampling procedures to verify submitted nomination
104     petition signatures pursuant to rules made under Subsection (3)(f).
105          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
106     lieutenant governor may appear on the regular primary ballot of a registered political party
107     without submitting nomination petitions if the candidate files a declaration of candidacy and
108     complies with Subsection 20A-9-202(3).
109          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
110     director of elections, within the Office of the Lieutenant Governor, shall make rules that:
111          (i) provide for the use of statistical sampling procedures that:
112          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
113          (B) reflect a bona fide effort to determine the validity of a candidate's entire
114     submission, using widely recognized statistical sampling techniques; and
115          (ii) provide for the transparent, orderly, and timely submission, verification, and
116     certification of nomination petition signatures.
117          (g) The county clerk shall:
118          (i) review the declarations of candidacy filed by candidates for local boards of

119     education to determine if more than two candidates have filed for the same seat;
120          (ii) place the names of all candidates who have filed a declaration of candidacy for a
121     local board of education seat on the nonpartisan section of the ballot if more than two
122     candidates have filed for the same seat; and
123          (iii) determine the order of the local board of education candidates' names on the ballot
124     in accordance with Section 20A-6-305.
125          (h) An individual who collects signatures for a candidate under this section shall, while
126     collecting the signatures, wear or carry a hat, shirt, tag, sign, or other item that contains the
127     following information, plainly visible to an individual from whom the signature gatherer is
128     requesting a signature:
129          (i) the name of each individual on whose behalf the signature gatherer is collecting
130     signatures; and
131          (ii) the following information for each individual described in Subsection (3)(h)(i):
132          (A) the party for which the individual is seeking nomination;
133          (B) the office that the individual is seeking; and
134          (C) if applicable, the district in which the individual is running for office.
135          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
136     governor shall provide to the county clerks:
137          (i) a list of the names of all candidates for federal, constitutional, multi-county, and
138     county offices who have received certifications under Subsection (3), along with instructions
139     on how those names shall appear on the primary-election ballot in accordance with Section
140     20A-6-305; and
141          (ii) a list of unopposed candidates for elective office who have been nominated by a
142     registered political party under Subsection (5)(c) and instruct the county clerks to exclude such
143     candidates from the primary-election ballot.
144          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
145     joint-ticket running mates shall appear jointly on the primary-election ballot.
146          (c) After the county clerk receives the certified list from the lieutenant governor under
147     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
148     substantially the following form:
149          "Notice is given that a primary election will be held Tuesday, June ____,

150     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
151     State Board of Education and local school board positions listed on the primary ballot. The
152     polling place for voting precinct ____ is ____. The polls will open at 7 a.m. and continue open
153     until 8 p.m. of the same day. Attest: county clerk."
154          (5) (a) Candidates, other than presidential candidates, receiving the highest number of
155     votes cast for each office at the regular primary election are nominated by their registered
156     political party for that office or are nominated as a candidate for a nonpartisan local school
157     board position.
158          (b) If two or more candidates, other than presidential candidates, are to be elected to
159     the office at the regular general election, those party candidates equal in number to positions to
160     be filled who receive the highest number of votes at the regular primary election are the
161     nominees of their party for those positions.
162          (c) A candidate who is unopposed for an elective office in the regular primary election
163     of a registered political party is nominated by the party for that office without appearing on the
164     primary ballot. A candidate is "unopposed" if no [person] individual other than the candidate
165     has received a certification under Subsection (3) for the regular primary election ballot of the
166     candidate's registered political party for a particular elective office.
167          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
168     office that represents more than one county, the governor, lieutenant governor, and attorney
169     general shall, at a public meeting called by the governor and in the presence of the candidates
170     involved, select the nominee by lot cast in whatever manner the governor determines.
171          (b) When a tie vote occurs in any primary election for any county office, the district
172     court judges of the district in which the county is located shall, at a public meeting called by
173     the judges and in the presence of the candidates involved, select the nominee by lot cast in
174     whatever manner the judges determine.
175          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
176     primary election provided for by this section, and all expenses necessarily incurred in the
177     preparation for or the conduct of that primary election shall be paid out of the treasury of the
178     county or state, in the same manner as for the regular general elections.
179          (8) An individual may not file a declaration of candidacy for a registered political party
180     of which the individual is not a member, except to the extent that the registered political party

181     permits otherwise under the registered political party's bylaws.
182          Section 2. Section 20A-9-405 is amended to read:
183          20A-9-405. Nomination petitions for regular primary elections.
184          (1) This section [shall apply] applies to the form and circulation of nomination
185     petitions for regular primary elections described in Subsection 20A-9-403(3)(a).
186          (2) A candidate for elective office, and the agents of the candidate, may not circulate
187     nomination petitions until the candidate has submitted a declaration of candidacy in accordance
188     with Subsection 20A-9-202(1).
189          (3) The nomination petitions shall be in substantially the following form:
190          (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
191          (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
192     space above that line blank for purposes of binding;
193          (c) the petition shall be headed by a caption stating the purpose of the petition and the
194     name of the proposed candidate;
195          (d) the petition shall feature the word "Warning" followed by the following statement
196     in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
197     knowingly sign a certificate of nomination signature sheet with any name other than the
198     [person's] individual's own name or more than once for the same candidate or if the [person]
199     individual is not registered to vote in this state and does not intend to become registered to vote
200     in this state before signatures are certified by a filing officer.";
201          (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
202     numbered one through 10;
203          (f) the signature portion of the petition shall be divided into columns headed by the
204     following titles:
205          (i) Registered Voter's Printed Name;
206          (ii) Signature of Registered Voter;
207          (iii) Party Affiliation of Registered Voter;
208          (iv) Birth Date or Age (Optional);
209          (v) Street Address, City, Zip Code; and
210          (vi) Date of Signature; and
211          (g) a photograph of the candidate may appear on the nomination petition.

212          (4) If one or more nomination petitions are bound together, a page shall be bound to
213     the nomination petition(s) that features the following printed verification statement to be signed
214     and dated by the petition circulator:
215          "Verification
216          State of Utah, County of ____
217          I, ____, of ____, hereby state under that:
218          I am a Utah resident and am at least 18 years old;
219          All the names that appear on the signature sheets bound to this page were, to the best of
220     my knowledge, signed by the [persons] individuals who professed to be the [persons]
221     individuals whose names appear on the signature sheets, and each of [them] the individuals
222     signed the [person's] individual's name on the signature sheets in my presence;
223          I believe that each has printed and signed the [person's] individual's name and written
224     the [person's] individual's street address correctly, and that each signer is registered to vote in
225     Utah or will register to vote in Utah before the county clerk certifies the signatures on the
226     signature sheet."
227          (5) The lieutenant governor shall prepare and make public model nomination petition
228     forms and associated instructions.
229          (6) A nomination petition circulator must be at least18 years old and a resident of the
230     state, but may affiliate with any political party.
231          [(7) It is unlawful for any person to:]
232          [(a) knowingly sign the nomination petition sheet described in Subsection (3):]
233          [(i) with any name other than the person's own name;]
234          [(ii) more than once for the same candidate; or]
235          [(iii) if the person is not registered to vote in this state and does not intend to become
236     registered to vote in this state prior to 5 p.m. on the final day in March;]
237          [(b) sign the verification of a certificate of nomination signature sheet described in
238     Subsection (4) if the person:]
239          [(i) does not meet the residency requirements of Section 20A-2-105;]
240          [(ii) has not witnessed the signing by those persons whose names appear on the
241     certificate of nomination signature sheet; or]
242          [(iii) knows that a person whose signature appears on the certificate of nomination

243     signature sheet is not registered to vote in this state and does not intend to become registered to
244     vote in this state;]
245          [(c) pay compensation to any person to sign a nomination petition; or]
246          [(d) pay compensation to any person to circulate a nomination petition, if the
247     compensation is based directly on the number of signatures submitted to a filing officer rather
248     than on the number of signatures verified or on some other basis.]
249          [(8) Any person violating Subsection (7) is guilty of a class A misdemeanor.]
250          [(9) Withdrawal of petition signatures shall not be permitted.]
251          Section 3. Section 20A-9-408 is amended to read:
252          20A-9-408. Signature-gathering process to seek the nomination of a qualified
253     political party.
254          (1) This section describes the requirements for a member of a qualified political party
255     who is seeking the nomination of the qualified political party for an elective office through the
256     signature-gathering process described in this section.
257          (2) Notwithstanding Subsection 20A-9-201(4)(a), the form of the declaration of
258     candidacy for a member of a qualified political party who is nominated by, or who is seeking
259     the nomination of, the qualified political party under this section shall be substantially as
260     described in Section 20A-9-408.5.
261          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
262     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
263     nomination of the qualified political party for an elective office that is to be filled at the next
264     general election shall:
265          (a) within the period beginning on January 1 before the next regular general election
266     and ending on the third Thursday in March of the same year, and before gathering signatures
267     under this section, file with the filing officer on a form approved by the lieutenant governor a
268     notice of intent to gather signatures for candidacy that includes:
269          (i) the name of the member who will attempt to become a candidate for a registered
270     political party under this section;
271          (ii) the name of the registered political party for which the member is seeking
272     nomination;
273          (iii) the office for which the member is seeking to become a candidate;

274          (iv) the address and telephone number of the member; and
275          (v) other information required by the lieutenant governor;
276          (b) file a declaration of candidacy, in person, with the filing officer on or after the
277     second Friday in March and before 5 p.m. on the third Thursday in March before the next
278     regular general election; and
279          (c) pay the filing fee.
280          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
281     party who, under this section, is seeking the nomination of the qualified political party for the
282     office of district attorney within a multicounty prosecution district that is to be filled at the next
283     general election shall:
284          (a) on or after January 1 before the next regular general election, and before gathering
285     signatures under this section, file with the filing officer on a form approved by the lieutenant
286     governor a notice of intent to gather signatures for candidacy that includes:
287          (i) the name of the member who will attempt to become a candidate for a registered
288     political party under this section;
289          (ii) the name of the registered political party for which the member is seeking
290     nomination;
291          (iii) the office for which the member is seeking to become a candidate;
292          (iv) the address and telephone number of the member; and
293          (v) other information required by the lieutenant governor;
294          (b) file a declaration of candidacy, in person, with the filing officer on or after the
295     second Friday in March and before 5 p.m. on the third Thursday in March before the next
296     regular general election; and
297          (c) pay the filing fee.
298          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
299     who files as the joint-ticket running mate of an individual who is nominated by a qualified
300     political party, under this section, for the office of governor shall submit a letter from the
301     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
302     mate.
303          (6) The lieutenant governor shall ensure that the certification described in Subsection
304     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party

305     under this section.
306          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
307     is nominated by a qualified political party under this section, designate the qualified political
308     party that nominated the candidate.
309          (8) A member of a qualified political party may seek the nomination of the qualified
310     political party for an elective office by:
311          (a) complying with the requirements described in this section; and
312          (b) collecting signatures, on a form approved by the lieutenant governor, during the
313     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
314     which the qualified political party's convention for the office is held, in the following amounts:
315          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
316     permitted by the qualified political party to vote for the qualified political party's candidates in
317     a primary election;
318          (ii) for a congressional district race, 7,000 signatures of registered voters who are
319     residents of the congressional district and are permitted by the qualified political party to vote
320     for the qualified political party's candidates in a primary election;
321          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
322     residents of the state Senate district and are permitted by the qualified political party to vote for
323     the qualified political party's candidates in a primary election;
324          (iv) for a state House district race, 1,000 signatures of registered voters who are
325     residents of the state House district and are permitted by the qualified political party to vote for
326     the qualified political party's candidates in a primary election;
327          (v) for a State Board of Education race, the lesser of:
328          (A) 2,000 signatures of registered voters who are residents of the State Board of
329     Education district and are permitted by the qualified political party to vote for the qualified
330     political party's candidates in a primary election; or
331          (B) 3% of the registered voters of the qualified political party who are residents of the
332     applicable State Board of Education district; and
333          (vi) for a county office race, signatures of 3% of the registered voters who are residents
334     of the area permitted to vote for the county office and are permitted by the qualified political
335     party to vote for the qualified political party's candidates in a primary election.

336          (9) (a) In order for a member of the qualified political party to qualify as a candidate
337     for the qualified political party's nomination for an elective office under this section, the
338     member shall:
339          (i) except as otherwise provided in Section 20A-9-411, collect the signatures on a form
340     approved by the lieutenant governor, using the same circulation and verification requirements
341     described in Sections 20A-7-204 and 20A-7-205; and
342          (ii) submit the signatures to the election officer no later than 14 days before the day on
343     which the qualified political party holds its convention to select candidates, for the elective
344     office, for the qualified political party's nomination.
345          (b) An individual may not gather signatures under this section until after the individual
346     files a notice of intent to gather signatures for candidacy described in this section.
347          (c) An individual who files a notice of intent to gather signatures for candidacy,
348     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
349     the notice of intent to gather signatures for candidacy:
350          (i) required to comply with the reporting requirements that a candidate for office is
351     required to comply with; and
352          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
353     apply to a candidate for office in relation to the reporting requirements described in Subsection
354     (9)(c)(i).
355          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
356     election officer shall, no later than one day before the day on which the qualified political party
357     holds the convention to select a nominee for the elective office to which the signature packets
358     relate:
359          (i) check the name of each individual who completes the verification for a signature
360     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
361          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
362     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
363          (iii) determine whether each signer is a registered voter who is qualified to sign the
364     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
365     on a petition;
366          (iv) no sooner than February 20, certify whether each name is that of a registered voter

367     who is qualified to sign the signature packet; and
368          (v) notify the qualified political party and the lieutenant governor of the name of each
369     member of the qualified political party who qualifies as a nominee of the qualified political
370     party, under this section, for the elective office to which the convention relates.
371          (e) Upon receipt of a notice of intent to gather signatures for candidacy described in
372     this section, the lieutenant governor shall post the notice of intent to gather signatures for
373     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
374     posts a declaration of candidacy.
375          (10) If a qualified political party restricts, based on party affiliation, the voters who are
376     eligible to vote for the qualified political party's candidates in a primary election, the election
377     officer shall determine a voter's party affiliation, for purposes of determining whether the
378     individual is qualified to sign a nomination petition, based on the declaration of party
379     affiliation made in the voter's most recent voter registration form that was signed by the voter.
380          (11) An individual who collects signatures for a candidate under this section shall,
381     while collecting the signatures, wear or carry a hat, shirt, tag, sign, or other item that contains
382     the following information, plainly visible to an individual from whom the signature gatherer is
383     requesting a signature:
384          (a) the name of each individual on whose behalf the signature gatherer is collecting
385     signatures; and
386          (b) the following information for each individual described in Subsection (11)(a):
387          (i) the party for which the individual is seeking nomination;
388          (ii) the office that the individual is seeking; and
389          (iii) if applicable, the district in which the individual is running for office.
390          Section 4. Section 20A-9-411 is amended to read:
391          20A-9-411. Signing multiple nomination petitions -- Removing signatures --
392     Unlawful conduct.
393          (1) An individual who signs a petition, described in Section 20A-9-403 or 20A-9-408,
394     to nominate a candidate may not sign a petition to nominate another candidate for the same
395     office.
396          (2) If an individual signs more than one petition in violation of Subsection (1), the
397     election officer may only count the signature on the first petition that the election officer

398     reviews for that office.
399          (3) (a) An individual who signs a petition, described in Section 20A-9-403 or
400     20A-9-408, to nominate a candidate may remove the individual's signature from the petition by
401     submitting, to the filing officer who is required to verify the signatures on the petition, a
402     written request that the individual's signature be removed.
403          (b) The filing officer shall comply with a request described in Subsection (3)(a) if the
404     filing officer receives the request before the filing officer verifies the individual's signature.
405          (c) The filing officer may not comply with a request described in Subsection (3)(a) if:
406          (i) the filing officer receives the request after the deadline described in Subsection
407     (3)(b); or
408          (ii) the request does not comply with the requirements of this Subsection (3).
409          (d) The request described in Subsection (3)(a) shall include:
410          (i) the name of the individual;
411          (ii) the resident address at which the individual is registered to vote;
412          (iii) the name of the candidate from whose petition the individual desires the
413     individual's signature to be removed; and
414          (iv) the signature of the individual.
415          (4) An individual is guilty of a class A misdemeanor if the individual knowingly signs
416     a petition, described in Section 20A-9-403 or 20A-9-408:
417          (a) with a name other than the individual's own name; or
418          (b) more than once for the same candidate.
419          (5) An individual is guilty of a class A misdemeanor if at the time that the individual
420     signs a petition, described in Section 20A-9-403 or 20A-9-408, the individual:
421          (a) is not registered to vote in this state; and
422          (b) does not intend to become registered to vote in this state before the deadline for
423     submitting signatures for the petition.
424          (6) An individual who signs the verification for a signature sheet for a petition,
425     described in Section 20A-9-403 or 20A-9-408, is guilty of a class A misdemeanor if the
426     individual:
427          (a) does not meet the residency requirements described in Section 20A-2-105;
428          (b) did not witness the signing by the individuals whose names appear on the signature

429     sheet; or
430          (c) knows that an individual whose signature appears on the signature sheet is not
431     registered to vote in this state and does not intend to become registered to vote in this state.
432          (7) A person is guilty of a class A misdemeanor if the person:
433          (a) pays compensation to an individual to sign a nomination petition, described in
434     Section 20A-9-403 or 20A-9-408; or
435          (b) pays compensation to a person to circulate a nomination petition, if the
436     compensation is based directly on the number of signatures submitted to a filing officer rather
437     than on the number of signatures verified or on some other basis.
438          (8) A person that circulates a nomination petition, described in Section 20A-9-403 or
439     20A-9-408, is guilty of a class A misdemeanor if the person intentionally misrepresents:
440          (a) the purpose of the petition;
441          (b) the name or political party of the candidate to be nominated by the petition;
442          (c) the office for which the candidate is seeking to be nominated by the petition; or
443          (d) that the candidate seeking nomination by the petition is or is not an incumbent of
444     the office for which the candidate is seeking nomination by the petition.
445          (9) An election officer shall impose a $100 civil fine against a candidate if a person
446     who is authorized by the candidate or the candidate's campaign to circulate a nomination
447     petition for the candidate violates Subsection (8) in relation to the nomination petition.