1     
ELECTRONIC SIGNATURE ON PETITIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca Chavez-Houck

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill allows a voter to sign certain petitions with an electronic signature.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions;
13          ▸     establishes provisions for an individual to sign a petition with an electronic
14     signature using the individual's driver license or identification card number if the
15     petition is to qualify a ballot proposition, organize and register a political party, or
16     qualify a candidate for the ballot;
17          ▸     changes the form requirements in relation to a petition described in the preceding
18     paragraph;
19          ▸     modifies provisions related to the verification and certification of petition
20     signatures;
21          ▸     classifies as a private record that part of a petition that contains an individual's
22     driver license or identification card number; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          20A-1-306, as last amended by Laws of Utah 2016, Chapter 348
31          20A-7-101, as last amended by Laws of Utah 2016, Chapters 53, 176, and 365
32          20A-7-203, as last amended by Laws of Utah 2014, Chapter 329
33          20A-7-204, as last amended by Laws of Utah 2011, Chapter 315
34          20A-7-205, as last amended by Laws of Utah 2011, Chapter 17
35          20A-7-206.3, as last amended by Laws of Utah 2011, Chapter 17
36          20A-7-207, as last amended by Laws of Utah 2011, Chapter 17
37          20A-7-213, as last amended by Laws of Utah 2013, Chapter 253
38          20A-7-303, as last amended by Laws of Utah 2014, Chapter 329
39          20A-7-304, as last amended by Laws of Utah 1995, Chapter 153
40          20A-7-305, as last amended by Laws of Utah 2011, Chapter 17
41          20A-7-306.3, as last amended by Laws of Utah 2011, Chapter 17
42          20A-7-307, as last amended by Laws of Utah 2011, Chapter 17
43          20A-7-312, as last amended by Laws of Utah 2013, Chapter 253
44          20A-7-503, as last amended by Laws of Utah 2014, Chapter 329
45          20A-7-504, as last amended by Laws of Utah 2016, Chapter 365
46          20A-7-505, as last amended by Laws of Utah 2012, Chapter 72
47          20A-7-506.3, as last amended by Laws of Utah 2011, Chapter 17
48          20A-7-507, as last amended by Laws of Utah 2011, Chapter 17
49          20A-7-512, as last amended by Laws of Utah 2013, Chapter 253
50          20A-7-603, as last amended by Laws of Utah 2016, Chapter 365
51          20A-7-604, as last amended by Laws of Utah 2016, Chapter 365
52          20A-7-605, as last amended by Laws of Utah 2012, Chapter 72
53          20A-7-606.3, as last amended by Laws of Utah 2011, Chapter 17
54          20A-7-607, as last amended by Laws of Utah 2014, Chapter 396
55          20A-7-612, as last amended by Laws of Utah 2001, Chapter 20
56          20A-7-613, as last amended by Laws of Utah 2016, Chapters 350, 365, and 367
57          20A-8-103, as last amended by Laws of Utah 2013, Chapter 253
58          20A-9-203, as last amended by Laws of Utah 2014, Chapter 38
59          20A-9-404, as last amended by Laws of Utah 2013, Chapter 402
60          20A-9-405, as enacted by Laws of Utah 2014, Chapter 17
61          20A-9-502, as last amended by Laws of Utah 2013, Chapters 253 and 317
62          63G-2-202, as last amended by Laws of Utah 2016, Chapter 348
63          63G-2-301, as last amended by Laws of Utah 2014, Chapter 373
64          63G-2-302, as last amended by Laws of Utah 2016, Chapter 410
65     

66     Be it enacted by the Legislature of the state of Utah:
67          Section 1. Section 20A-1-306 is amended to read:
68          20A-1-306. Electronic signatures.
69          [Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
70     Subsections 68-3-12(1)(e) and 68-3-12.5(27) and (38), an]
71          (1) An electronic signature may [not] be used to sign a petition to:
72          [(1)] (a) qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to
73     the Voters;
74          [(2)] (b) organize and register a political party under Chapter 8, Political Party
75     Formation and Procedures; or
76          [(3)] (c) qualify a candidate for the ballot under Chapter 9, Candidate Qualifications
77     and Nominating Procedures.
78          (2) An electronic signature collected for a petition described in Subsection (1) is only
79     valid if the signature is in the form of an individual's driver license number or state-issued
80     identification card number.
81          Section 2. Section 20A-7-101 is amended to read:
82          20A-7-101. Definitions.
83          As used in this chapter:
84          (1) "Budget officer" means:
85          (a) for a county, the person designated as budget officer in Section 17-19a-203;
86          (b) for a city, the person designated as budget officer in Subsection 10-6-106(5);
87          (c) for a town, the town council; or
88          (d) for a metro township, the person described in Subsection (1)(a) for the county in
89     which the metro township is located.
90          (2) "Certified" means that the county clerk has acknowledged a signature as being the
91     signature of a registered voter.
92          (3) "Circulation" means the process of submitting an initiative or referendum petition
93     to legal voters for their signature.
94          (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
95     city, or town that is holding an election on a ballot proposition.
96          (5) "Final fiscal impact statement" means a financial statement prepared after voters
97     approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
98     20A-7-502.5(2).
99          (6) "Initial fiscal impact estimate" means:
100          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
101     application for an initiative petition; or
102          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
103     for an initiative or referendum petition.
104          (7) "Initiative" means a new law proposed for adoption by the public as provided in
105     this chapter.
106          (8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
107     law, and the signature sheets, all of which [have been bound] are provided together as a unit.
108          (9) "Legal signatures" means the number of signatures of legal voters that:
109          (a) meet the numerical requirements of this chapter; and
110          (b) have been certified and verified as provided in this chapter.
111          (10) "Legal voter" means a person who:
112          (a) is registered to vote; or
113          (b) becomes registered to vote before the county clerk certifies the signatures on an
114     initiative or referendum petition.
115          (11) "Local attorney" means the county attorney, city attorney, or town attorney in
116     whose jurisdiction a local initiative or referendum petition is circulated.
117          (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
118     jurisdiction a local initiative or referendum petition is circulated.
119          (13) (a) "Local law" includes:
120          (i) an ordinance;
121          (ii) a resolution;
122          (iii) a master plan;
123          (iv) a comprehensive zoning regulation adopted by ordinance or resolution; or
124          (v) other legislative action of a local legislative body.
125          (b) "Local law" does not include an individual property zoning decision.
126          (14) "Local legislative body" means the legislative body of a county, city, town, or
127     metro township.
128          (15) "Local obligation law" means a local law passed by the local legislative body
129     regarding a bond that was approved by a majority of qualified voters in an election.
130          (16) "Local tax law" means a law, passed by a political subdivision with an annual or
131     biannual calendar fiscal year, that increases a tax or imposes a new tax.
132          (17) "Measure" means a proposed constitutional amendment, an initiative, or
133     referendum.
134          (18) "Referendum" means a process by which a law passed by the Legislature or by a
135     local legislative body is submitted or referred to the voters for their approval or rejection.
136          (19) "Referendum packet" means a copy of the referendum petition, a copy of the law
137     being submitted or referred to the voters for their approval or rejection, and the signature
138     sheets, all of which [have been bound] are provided together as a unit.
139          (20) (a) "Signature" means a holographic signature or an electronic signature.
140          [(b) "Signature" does not mean an electronic signature.]
141          (21) "Signature [sheets] sheet" means [sheets] a printed sheet or an electronic form in
142     the form required by this chapter that [are] is used to collect signatures in support of an
143     initiative or referendum.
144          (22) "Sponsors" means the legal voters who support the initiative or referendum and
145     who sign the application for petition copies.
146          (23) "Sufficient" means that the signatures submitted in support of an initiative or
147     referendum petition have been certified and verified as required by this chapter.
148          (24) "Verified" means acknowledged by the person circulating the petition as required
149     in Sections 20A-7-205 and 20A-7-305.
150          Section 3. Section 20A-7-203 is amended to read:
151          20A-7-203. Form of initiative petition and signature sheets.
152          (1) (a) Each proposed initiative petition shall be [printed] created in substantially the
153     following form:
154          "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
155          We, the undersigned citizens of Utah, respectfully demand that the following proposed
156     law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
157     regular general election/session to be held/ beginning on _________(month\day\year);
158          Each signer says:
159          I have personally signed this petition;
160          I am registered to vote in Utah or intend to become registered to vote in Utah before the
161     certification of the petition names by the county clerk; and
162          [My] I have submitted my residence and post office address [are written] correctly after
163     my name.
164          NOTICE TO SIGNERS:
165          Public hearings to discuss this petition were held at: (list dates and locations of public
166     hearings.)"
167          (b) The sponsors of an initiative shall attach a copy of the proposed law to each
168     initiative petition.
169          (2) [Each] A signature sheet used to collect holographic signatures shall:
170          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
171          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
172     that line blank for the purpose of binding;
173          (c) contain the title of the initiative [printed] below the horizontal line;
174          (d) contain the initial fiscal impact estimate's summary statement issued under
175     Subsection 20A-7-202.5(2)(b) by the Governor's Office of Management and Budget [according
176     to Subsection 20A-7-202.5(2)(b)], including any update [according to] made under Subsection
177     20A-7-204.1(4), and the cost estimate issued under Subsection 20A-7-202.5(3) for printing and
178     distributing information related to the initiative petition [according to Subsection
179     20A-7-202.5(3), printed or typed], in not less than 12-point, bold type, at the top of [each] the
180     signature sheet under the title of the initiative;
181          (e) contain the word "Warning" [printed or typed] at the top of [each] the signature
182     sheet under the initial fiscal impact estimate's summary statement;
183          (f) contain, to the right of the word "Warning," the following statement [printed or
184     typed] in not less than eight-point[, single-leaded] type:
185          "It is a class A misdemeanor for [anyone] an individual to sign [any] an initiative
186     petition with [any other name than his own] a name other than the individual's own name, or to
187     knowingly [to] sign [his] the individual's name more than once for the same measure, or to sign
188     an initiative petition when [he] the individual knows [he] the individual is not a registered
189     voter and [knows that he] does not intend to become registered to vote before the certification
190     of the petition names by the county clerk."; and
191          (g) be vertically divided into columns as follows:
192          (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
193     wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
194     the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
195          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
196     Name (must be legible to be counted)";
197          (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
198     Voter";
199          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
200     and
201          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
202     Code";
203          (h) spanning the sheet horizontally beneath each row on which a registered voter may
204     submit the information described in Subsection (2)(g), contain the following statement [printed
205     or typed] in not less than eight-point[, single-leaded] type:
206          "By signing this petition, you are stating that you have read and understand the law
207     proposed by this petition."; and
208          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
209     information is not required[,] but [it] may be used to verify your identity with voter registration
210     records. If you choose not to provide [it] this information, your signature may not be verified
211     as a valid signature if you change your address before petition signatures are verified or if the
212     information you provide does not match your voter registration records."
213          [(3) The final page of each initiative packet shall contain the following printed or typed
214     statement:]
215          ["Verification]
216          [State of Utah, County of ____]
217          [I, _______________, of ____, hereby state that:]
218          [I am a resident of Utah and am at least 18 years old;]
219          [All the names that appear in this packet were signed by persons who professed to be
220     the persons whose names appear in it, and each of them signed his name on it in my presence;]
221          [I believe that each has printed and signed his name and written his post office address
222     and residence correctly, and that each signer is registered to vote in Utah or intends to become
223     registered to vote before the certification of the petition names by the county clerk.]
224          [I have not paid or given anything of value to any person who signed this petition to
225     encourage that person to sign it.]
226     [________________________________________________________________________]
227          [(Name) (Residence Address) (Date)"]
228          (3) A signature sheet used to collect electronic signatures shall be an electronic form
229     that contains:
230          (a) the title of the initiative at the top of the form;
231          (b) the initial fiscal impact estimate's summary statement issued under Subsection
232     20A-7-202.5(2)(b) by the Governor's Office of Management and Budget, including any update
233     made under Subsection 20A-7-204.1(4), and the cost estimate issued under Subsection
234     20A-7-202.5(3) for printing and distributing information related to the initiative petition, in not
235     less than 12-point, bold type, at the top of the form under the title of the initiative;
236          (c) the word "Warning" at the top of the form under the initial fiscal impact estimate's
237     summary statement;
238          (d) to the right of the word "Warning," the following statement in not less than
239     eight-point type:
240          "It is a class A misdemeanor for an individual to sign an initiative petition with a name,
241     driver license number, or state-issued identification card number, other than the individual's
242     own name, driver license number, or state-issued identification card number, or to knowingly
243     sign an initiative petition more than once for the same measure, or to sign an initiative petition
244     when the individual knows the individual is not a registered voter and does not intend to
245     become registered to vote before the certification of the petition names by the county clerk.";
246          (e) a space titled "Registered Voter's Name";
247          (f) a space titled "Signature of Registered Voter" in which an individual who signs the
248     petition may submit the individual's driver license number or state-issued identification card
249     number as the individual's signature;
250          (g) immediately after the space described in Subsection (3)(f), the following statement,
251     in not less than eight-point type:
252          "Your electronic signature must be in the form of your current driver license number or
253     state-issued identification card number. Submitting any other information as your electronic
254     signature will result in the disqualification of your signature. By signing this petition, you are
255     stating that you have read and understand the law proposed by this petition.";
256          (h) a space titled "Birth Date or Age (Optional)" followed by the following statement:
257          "Birth date or age information is not required, but may be used to verify your identity
258     with voter registration records. If you choose not to provide this information, your signature
259     may not be verified as a valid signature if you change your address before petition signatures
260     are verified or if the information you provide does not match your voter registration records.";
261          (i) a space titled "Street Address";
262          (j) a space titled "City"; and
263          (k) a space titled "Zip Code."
264          (4) The forms prescribed in this section are not mandatory, and, if substantially
265     followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
266     errors.
267          Section 4. Section 20A-7-204 is amended to read:
268          20A-7-204. Circulation requirements -- Lieutenant governor to provide sponsors
269     with materials -- Form of initiative packet.
270          (1) [In order to] To obtain the necessary number of signatures required by this part, the
271     sponsors shall circulate initiative packets that meet the form requirements of this part.
272          (2) The lieutenant governor shall furnish to the sponsors:
273          (a) a copy of the initiative petition[, with];
274          (b) a copy of the proposed law, including any change submitted under Subsection
275     20A-7-204.1(4); and
276          [(b)] (c) one printed signature sheet.
277          [(3) The sponsors of the petition shall:]
278          [(a) arrange and pay for the printing of all additional copies of the petition and
279     signature sheets; and]
280          [(b) ensure that the copies of the petition and signature sheets meet the form
281     requirements of this section.]
282          [(4) (a) The sponsors may prepare the initiative for circulation by creating multiple
283     initiative packets.]
284          [(b) The sponsors shall create those packets by binding]
285          (3) (a) Sponsors who collect holographic signatures shall:
286          (i) create each initiative packet by binding the following together at the top in a manner
287     that allows the packet to be conveniently opened for signing:
288          (A) a printed copy of the initiative petition[,];
289          (B) a printed copy of the proposed law[,]; and
290          (C) no more than 50 printed signature sheets [together at the top in such a way that the
291     packets may be conveniently opened for signing.];
292          (ii) arrange and pay for the printing of all additional copies of the petition and signature
293     sheets; and
294          (iii) ensure that the copies of the petition and signature sheets meet the form
295     requirements described in this section.
296          [(c)] (b) The sponsors [need not] are not required to attach a uniform number of
297     signature sheets to each initiative packet.
298          [(5) (a)] (c) (i) After the sponsors have prepared a sufficient number of initiative
299     packets, [they] the sponsors shall return [them] the initiative packets to the lieutenant governor.
300          [(b)] (ii) The lieutenant governor shall:
301          [(i)] (A) number each [of the] initiative [packets] packet and return [them] the initiative
302     packet to the sponsors within five [working] business days after the day on which the lieutenant
303     governor receives the initiative packet; and
304          [(ii)] (B) keep a record of the [numbers] number assigned to each packet.
305          (4) (a) Sponsors who collect electronic signatures shall:
306          (i) create each initiative packet by creating an electronically accessible copy of:
307          (A) the initiative petition;
308          (B) the proposed law; and
309          (C) a signature sheet; and
310          (ii) ensure that an individual views the initiative petition and the proposed law that is
311     the subject of the initiative before the individual signs the signature sheet.
312          (b) Before delivering an initiative packet to a county clerk under Section 20A-7-206,
313     the sponsors of an initiative petition who collect electronic signatures shall:
314          (i) print completed signature sheets in substantially the same form as required under
315     Subsection 20A-7-203(2) for a signature sheet used to collect holographic signatures; and
316          (ii) prepare one or more printed and completed initiative packets in substantially the
317     same form as required under Subsection (3)(a) for an initiative packet used to collect
318     holographic signatures.
319          Section 5. Section 20A-7-205 is amended to read:
320          20A-7-205. Obtaining signatures -- Verification statement -- Removal of
321     signature.
322          (1) A [Utah] voter may sign an initiative petition if the voter is a legal voter.
323          (2) (a) The sponsors of an initiative petition shall [ensure that the person in whose
324     presence each signature sheet was signed]:
325          (i) create a page containing the following printed verification statement:
326          "Verification
327          State of Utah, County of ____
328          I, _______________, of ____, hereby state that:
329          I am a resident of Utah and am at least 18 years of age;
330          Each signature that appears in this packet was signed by an individual who professed to
331     be the individual whose name is associated with the signature;
332          I believe that each individual has submitted the individual's name, signed the petition,
333     and submitted the individual's post office address and residence correctly, and that each signer
334     is registered to vote in Utah or intends to become registered to vote in Utah before the
335     certification of the petition names by the county clerk; and
336          I have not paid or given anything of value to any individual who signed this petition to
337     encourage that individual to sign it.
338          ______________________________________________________________________
339          (Name) (Residence Address) (Date)";
340          (ii) attach a verification statement to each initiative packet; and
341          (iii) ensure that an individual who circulates an initiative packet for the petition:
342          [(i)] (A) is at least 18 years [old] of age and meets the residency requirements of
343     Section 20A-2-105; and
344          [(ii)] (B) verifies [each signature sheet] the initiative packet by completing the
345     verification [printed on the last page of each initiative packet] statement attached to the
346     initiative packet.
347          (b) A person may not sign the verification [printed on the last page of] statement
348     attached to the initiative packet if the person signed a signature sheet in the initiative packet.
349          (3) (a) A voter who has signed an initiative petition may have the voter's signature
350     removed from the petition by submitting to the county clerk a statement requesting that the
351     voter's signature be removed.
352          (b) The statement shall include:
353          (i) the name of the voter;
354          (ii) the resident address at which the voter is registered to vote;
355          (iii) the last four digits of the voter's social security number;
356          (iv) the driver license or identification card number; and
357          (v) the signature of the voter.
358          (c) A voter may not submit a statement by email or other electronic means.
359          (d) [In order for] For the signature to be removed, the statement must be received by
360     the county clerk before May 15.
361          (e) The county clerk shall deliver all statements received under this Subsection (3):
362          (i) with the initiative petition packets delivered to the lieutenant governor; or
363          (ii) in a supplemental delivery to the lieutenant governor for a statement submitted
364     after the county clerk delivered the initiative packets.
365          (f) A person may only remove a signature from an initiative petition in accordance with
366     this Subsection (3).
367          Section 6. Section 20A-7-206.3 is amended to read:
368          20A-7-206.3. Verification of petition signatures.
369          (1) (a) For the purposes of this section, "substantially similar name" means:
370          (i) the given name and surname shown on the petition, or both, contain only minor
371     spelling differences when compared to the given name and surname shown on the official
372     register;
373          (ii) the surname shown on the petition exactly matches the surname shown on the
374     official register, and the given names differ only because one of the given names shown is a
375     commonly used abbreviation or variation of the other;
376          (iii) the surname shown on the petition exactly matches the surname shown on the
377     official register, and the given names differ only because one of the given names shown is
378     accompanied by a first or middle initial or a middle name which is not shown on the other
379     record; or
380          (iv) the surname shown on the petition exactly matches the surname shown on the
381     official register, and the given names differ only because one of the given names shown is an
382     alphabetically corresponding initial that has been provided in the place of a given name shown
383     on the other record.
384          (b) For the purposes of this section, "substantially similar name" does not mean a name
385     having an initial or a middle name shown on the petition that does not match a different initial
386     or middle name shown on the official register.
387          (2) The county clerk shall use the following procedures in determining whether [or not]
388     a signer is a registered voter:
389          (a) [When] The county clerk shall declare a signature valid if:
390          (i) a signer's name and address shown on the petition exactly match a name and address
391     shown on the official register; and
392          (ii) (A) the signer's holographic signature appears substantially similar to the
393     holographic signature on the statewide voter registration database[, the county clerk shall
394     declare the signature valid.] for the signer; or
395          (B) the signer's electronic signature exactly matches the driver license number or
396     state-issued identification card number on the statewide voter registration database for the
397     signer.
398          (b) When there is no exact match of an address and a name, the county clerk shall
399     declare the signature valid if:
400          (i) the signer's address on the petition matches the address of a person on the official
401     register with a substantially similar name; and
402          (ii) (A) the signer's holographic signature appears substantially similar to the
403     holographic signature on the statewide voter registration database of the person described in
404     Subsection (2)(b)(i)[.]; or
405          (B) the signer's electronic signature exactly matches the driver license number or
406     state-issued identification card number, for the person described in Subsection (2)(b)(i), on the
407     statewide voter registration database.
408          (c) When there is no match of an address and a substantially similar name, the county
409     clerk shall declare the signature valid if:
410          (i) the signer's birth date or age on the petition matches the birth date or age of a person
411     on the official register with a substantially similar name; and
412          (ii) (A) the signer's holographic signature appears substantially similar to the
413     holographic signature on the statewide voter registration database of the person described in
414     Subsection (2)(c)(i)[.]; or
415          (B) the signer's electronic signature exactly matches the driver license number or
416     state-issued identification card number, for the person described in Subsection (2)(c)(i), on the
417     statewide voter registration database.
418          (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
419     county clerk shall declare the signature [to be] invalid.
420          Section 7. Section 20A-7-207 is amended to read:
421          20A-7-207. Evaluation by the lieutenant governor.
422          (1) [When each] After receiving an initiative packet [is received] containing
423     holographic signatures from a county clerk, the lieutenant governor shall [check off from the]
424     record the number [of each initiative packet filed] assigned under Subsection
425     20A-7-204(3)(c)(ii) to the initiative packet, including an indication that the lieutenant governor
426     received the initiative packet.
427          (2) (a) After all of the initiative packets have been received by the lieutenant governor
428     and the lieutenant governor has removed the signatures as required by Section 20A-7-206, the
429     lieutenant governor shall:
430          (i) count the number of the names certified by the county clerks that remain on each
431     verified signature sheet; and
432          (ii) declare the petition to be sufficient or insufficient by June 1 before the regular
433     general election described in Subsection 20A-7-201(2)(b).
434          (b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds
435     the number of names required by Section 20A-7-201 and the requirements of this part are met,
436     the lieutenant governor shall mark upon the front of the petition the word "sufficient."
437          (c) If the total number of names counted under Subsection (2)(a)(i) does not equal or
438     exceed the number of names required by Section 20A-7-201 or a requirement of this part is not
439     met, the lieutenant governor shall mark upon the front of the petition the word "insufficient."
440          (d) The lieutenant governor shall immediately notify any one of the sponsors of the
441     lieutenant governor's finding.
442          (3) Once a petition is declared insufficient, the sponsors may not submit additional
443     signatures to qualify the petition for the ballot.
444          (4) (a) If the lieutenant governor refuses to accept and file any initiative petition that a
445     sponsor believes is legally sufficient, any voter may, by June 15, apply to the supreme court for
446     an extraordinary writ to compel the lieutenant governor to do so.
447          (b) The supreme court shall:
448          (i) determine whether or not the initiative petition is legally sufficient; and
449          (ii) certify its findings to the lieutenant governor.
450          (c) If the supreme court certifies that the initiative petition is legally sufficient, the
451     lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
452     date on which it was originally offered for filing in the lieutenant governor's office.
453          (d) If the supreme court determines that any petition filed is not legally sufficient, the
454     supreme court may enjoin the lieutenant governor and all other officers from certifying or
455     printing the ballot title and numbers of that measure on the official ballot.
456          (5) A petition determined to be sufficient in accordance with this section is qualified
457     for the ballot.
458          Section 8. Section 20A-7-213 is amended to read:
459          20A-7-213. Misconduct of electors and officers -- Penalty.
460          (1) It is unlawful for [any person] an individual to:
461          (a) sign [any] an initiative petition with:
462          (i) a name other than the [person's own to any initiative petition;] individual's own
463     name; or
464          (ii) a driver license number or state-issued identification card number other than the
465     individual's own driver license number or state-issued identification card number;
466          (b) knowingly sign [the person's name] an initiative petition more than once for the
467     same measure at one election;
468          (c) sign an initiative petition knowing the [person] individual is not a legal voter; or
469          (d) knowingly and willfully violate any provision of this part.
470          (2) It is unlawful for [any person] an individual to sign the verification statement for an
471     initiative packet knowing that:
472          (a) the [person] individual does not meet the residency requirements of Section
473     20A-2-105; or
474          [(b) the person has not witnessed the signatures of those persons whose names appear
475     in the initiative packet; or]
476          [(c) one or more persons whose signatures appear]
477          (b) an individual whose signature appears in the initiative packet [is either]:
478          (i) is not registered to vote [in Utah; or]; and
479          (ii) does not intend to become registered to vote [in Utah] before the certification of the
480     petition names by the county clerk.
481          (3) It is unlawful for [any] a person to:
482          (a) pay a person to sign an initiative petition;
483          (b) pay a person to remove the person's signature from an initiative petition;
484          (c) accept payment to sign an initiative petition; or
485          (d) accept payment to have the person's name removed from an initiative petition.
486          (4) [Any] A person violating this section is guilty of a class A misdemeanor.
487          Section 9. Section 20A-7-303 is amended to read:
488          20A-7-303. Form of referendum petition and signature sheets.
489          (1) (a) Each proposed referendum petition shall be [printed] created in substantially the
490     following form:
491          "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
492          We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
493     ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
494     the part or parts on which the referendum is sought), passed by the ____ Session of the
495     Legislature of the state of Utah, be referred to the people of Utah for their approval or rejection
496     at a regular general election or a statewide special election;
497          Each signer says:
498          I have personally signed this petition;
499          I am registered to vote in Utah or intend to become registered to vote in Utah before the
500     certification of the petition names by the county clerk; and
501          [My] I have submitted my residence and post office address [are written] correctly after
502     my name."
503          (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
504     referendum to each referendum petition.
505          (2) [Each] A signature sheet used to collect holographic signatures shall:
506          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
507          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
508     that line blank for the purpose of binding;
509          (c) contain the title of the referendum printed below the horizontal line;
510          (d) contain the word "Warning" [printed or typed] at the top of [each] the signature
511     sheet under the title of the referendum;
512          (e) contain, to the right of the word "Warning," the following statement [printed or
513     typed] in not less than eight-point[, single-leaded] type:
514          "It is a class A misdemeanor for [anyone] an individual to sign [any] a referendum
515     petition with [any other name than his own] a name other than the individual's own name, or to
516     knowingly [to] sign [his] the individual's name more than once for the same measure, or to sign
517     a referendum petition when [he] the individual knows [he] the individual is not a registered
518     voter and [knows that he] does not intend to become registered to vote before the certification
519     of the petition names by the county clerk.";
520          (f) contain horizontally ruled lines, three-eighths inch apart under the "Warning"
521     statement required by this section; and
522          (g) be vertically divided into columns as follows:
523          (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
524     wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
525     the middle;
526          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
527     Name (must be legible to be counted)";
528          (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
529     Voter";
530          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
531     and
532          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
533     Code";
534          (h) spanning the sheet horizontally beneath each row on which a registered voter may
535     submit the information described in Subsection (2)(g), contain the following statement [printed
536     or typed] in not less than eight-point[, single-leaded] type:
537          "By signing this petition, you are stating that you have read and understand the law this
538     petition seeks to overturn."; and
539          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
540     information is not required[,] but [it] may be used to verify your identity with voter registration
541     records. If you choose not to provide [it] this information, your signature may not be verified
542     as a valid signature if you change your address before petition signatures are verified or if the
543     information you provide does not match your voter registration records."
544          [(3) The final page of each referendum packet shall contain the following printed or
545     typed statement:]
546          ["Verification]
547          [State of Utah, County of ____]
548          [I, _______________, of ____, hereby state that:]
549          [I am a Utah resident and am at least 18 years old;]
550          [All the names that appear in this packet were signed by persons who professed to be
551     the persons whose names appear in it, and each of them signed his name on it in my presence;]
552          [I believe that each has printed and signed his name and written his post office address
553     and residence correctly, and that each signer is registered to vote in Utah or intends to become
554     registered to vote before the certification of the petition names by the county clerk.]
555     [________________________________________________________________________]
556          [(Name) (Residence Address) (Date)"]
557          (3) A signature sheet used to collect electronic signatures shall be an electronic form
558     that contains:
559          (a) the title of the referendum at the top of the form;
560          (b) the word "Warning" at the top of the form under the title of the referendum;
561          (c) to the right of the word "Warning," the following statement in not less than
562     eight-point type:
563          "It is a class A misdemeanor for an individual to sign a referendum petition with a
564     name, driver license number, or state-issued identification card number, other than the
565     individual's own name, driver license number, or state-issued identification card number, or to
566     knowingly sign a referendum petition more than once for the same measure, or to sign a
567     referendum petition when the individual knows the individual is not a registered voter and does
568     not intend to become registered to vote before the certification of the petition names by the
569     county clerk.";
570          (d) a space titled "Registered Voter's Name";
571          (e) a space titled "Signature of Registered Voter" in which an individual who signs the
572     petition may submit the individual's driver license number or state-issued identification card
573     number as the individual's signature;
574          (f) immediately after the space described in Subsection (3)(e), the following statement
575     in not less than eight-point type:
576          "Your electronic signature must be in the form of your current driver license number or
577     state-issued identification card number. Submitting any other information as your electronic
578     signature will result in the disqualification of your signature. By signing this petition, you are
579     stating that you have read and understand the law this petition seeks to overturn.";
580          (g) a space titled "Birth Date or Age (Optional)" followed by the following statement:
581          "Birth date or age information is not required, but may be used to verify your identity
582     with voter registration records. If you choose not to provide this information, your signature
583     may not be verified as a valid signature if you change your address before petition signatures
584     are verified or if the information you provide does not match your voter registration records.";
585          (h) a space titled "Street Address";
586          (i) a space titled "City"; and
587          (j) a space titled "Zip Code."
588          (4) The forms prescribed in this section are not mandatory, and, if substantially
589     followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical
590     errors.
591          Section 10. Section 20A-7-304 is amended to read:
592          20A-7-304. Circulation requirements -- Lieutenant governor to provide sponsors
593     with materials -- Form of referendum packet.
594          (1) [In order to] To obtain the necessary number of signatures required by this part, the
595     sponsors shall circulate referendum packets that meet the form requirements of this part.
596          (2) The lieutenant governor shall furnish to the sponsors:
597          (a) [a] one copy of the referendum petition; and
598          (b) [a] one printed signature sheet.
599          [(3) The sponsors of the petition shall:]
600          [(a) arrange and pay for the printing of all additional copies of the petition and
601     signature sheets; and]
602          [(b) ensure that the copies of the petition and signature sheets meet the form
603     requirements of this section.]
604          [(4) (a) The sponsors may prepare the referendum for circulation by creating multiple
605     referendum packets.]
606          [(b) The sponsors shall create those packets by binding]
607          (3) (a) Sponsors who collect holographic signatures shall:
608          (i) create each referendum packet by binding the following together at the top in a
609     manner that allows the packet to be conveniently opened for signing:
610          (A) a printed copy of the referendum petition[,];
611          (B) a printed copy of the law that is the subject of the referendum[,]; and
612          (C) no more than 50 printed signature sheets [together at the top in such a way that the
613     packets may be conveniently opened for signing.];
614          (ii) arrange and pay for the printing of all additional copies of the petition and signature
615     sheets; and
616          (iii) ensure that the copies of the petition and signature sheets meet the form
617     requirements described in this section.
618          [(c)] (b) The sponsors [need not] are not required to attach a uniform number of
619     signature sheets to each referendum packet.
620          [(5) (a)] (c) (i) After the sponsors have prepared a sufficient number of referendum
621     packets, [they] the sponsors shall return [them] the referendum packets to the lieutenant
622     governor.
623          [(b)] (ii) The lieutenant governor shall:
624          [(i)] (A) number each [of the] referendum [packets] packet and return [them] the
625     referendum packet to the sponsors within five [working] business days after the day on which
626     the lieutenant governor receives the referendum packet; and
627          [(ii)] (B) keep a record of the [numbers] number assigned to each packet.
628          (4) (a) Sponsors who collect electronic signatures shall:
629          (i) create each referendum packet by creating an electronically accessible copy of:
630          (A) the referendum petition;
631          (B) the law that is the subject of the referendum; and
632          (C) a signature sheet; and
633          (ii) ensure that an individual views the referendum petition and the law that is the
634     subject of the referendum before the individual signs the signature sheet.
635          (b) Before delivering a referendum packet to a county clerk under Section 20A-7-306,
636     the sponsors of a referendum petition who collect electronic signatures shall:
637          (i) print completed signature sheets in substantially the same form required under
638     Subsection 20A-7-303(2) for a signature sheet used to collect holographic signatures; and
639          (ii) prepare one or more printed and completed referendum packets in substantially the
640     same form required under Subsection (3)(a) for a referendum packet used to collect
641     holographic signatures.
642          Section 11. Section 20A-7-305 is amended to read:
643          20A-7-305. Obtaining signatures -- Verification statement -- Removal of
644     signature.
645          (1) A [Utah] voter may sign a referendum petition if the voter is a legal voter.
646          (2) (a) The sponsors of a referendum petition shall [ensure that the person in whose
647     presence each signature sheet was signed]:
648          (i) create a page containing the following verification statement:
649          "Verification
650          State of Utah, County of ____
651          I, _______________, of ____, hereby state that:
652          I am a resident of Utah and am at least 18 years of age;
653          Each signature that appears in this packet was signed by an individual who professed to
654     be the individual whose name is associated with the signature;
655          I believe that each individual has submitted the individual's name, signed the petition,
656     and submitted the individual's post office address and residence correctly, and that each signer
657     is registered to vote in Utah or intends to become registered to vote in Utah before the
658     certification of the petition names by the county clerk; and
659          I have not paid or given anything of value to any individual who signed this petition to
660     encourage that individual to sign it.
661          ______________________________________________________________________
662          (Name) (Residence Address) (Date)";
663          (ii) attach a verification statement to each referendum packet; and
664          (iii) ensure that an individual who circulates a referendum packet:
665          [(i)] (A) is at least 18 years [old] of age and meets the residency requirements of
666     Section 20A-2-105; and
667          [(ii)] (B) verifies [each signature sheet] the referendum packet by completing the
668     verification [printed on the last page of each] statement attached to the referendum packet.
669          (b) A person may not sign the verification [printed on the last page of] statement
670     attached to the referendum packet if the person signed a signature sheet in the referendum
671     packet.
672          (3) (a) (i) A voter who has signed a referendum petition may have the voter's signature
673     removed from the petition by submitting to the county clerk a statement requesting that the
674     voter's signature be removed.
675          (b) The statement shall include:
676          (i) the name of the voter;
677          (ii) the resident address at which the voter is registered to vote;
678          (iii) the last four digits of the voter's social security number;
679          (iv) the driver license or identification card number; and
680          (v) the signature of the voter.
681          (c) A voter may not submit a statement by email or other electronic means.
682          (d) [In order for] For the signature to be removed, the statement must be received by
683     the county clerk before the day which is 55 days after the end of the legislative session at which
684     the law passed.
685          (e) The county clerk shall deliver all statements received under this Subsection (3):
686          (i) with the referendum petition packets to the lieutenant governor; or
687          (ii) in a supplemental delivery to the lieutenant governor for a statement submitted
688     after the county clerk delivered the referendum petition packets.
689          (f) A person may only remove a signature from a referendum petition in accordance
690     with this Subsection (3).
691          Section 12. Section 20A-7-306.3 is amended to read:
692          20A-7-306.3. Verification of petition signatures.
693          (1) (a) For the purposes of this section, "substantially similar name" means:
694          (i) the given name and surname shown on the petition, or both, contain only minor
695     spelling differences when compared to the given name and surname shown on the official
696     register;
697          (ii) the surname shown on the petition exactly matches the surname shown on the
698     official register, and the given names differ only because one of the given names shown is a
699     commonly used abbreviation or variation of the other;
700          (iii) the surname shown on the petition exactly matches the surname shown on the
701     official register, and the given names differ only because one of the given names shown is
702     accompanied by a first or middle initial or a middle name which is not shown on the other
703     record; or
704          (iv) the surname shown on the petition exactly matches the surname shown on the
705     official register, and the given names differ only because one of the given names shown is an
706     alphabetically corresponding initial that has been provided in the place of a given name shown
707     on the other record.
708          (b) For the purposes of this section, "substantially similar name" does not mean a name
709     having an initial or a middle name shown on the petition that does not match a different initial
710     or middle name shown on the official register.
711          (2) The county clerk shall use the following procedures in determining whether [or not]
712     a signer is a registered voter:
713          (a) [When] The county clerk shall declare a signature valid if:
714          (i) a signer's name and address shown on the petition exactly match a name and address
715     shown on the official register; and
716          (ii) (A) the signer's holographic signature appears substantially similar to the
717     holographic signature on the statewide voter registration database[, the county clerk shall
718     declare the signature valid.] for the signer; or
719          (B) the signer's electronic signature exactly matches the driver license number or
720     state-issued identification card number on the statewide voter registration database for the
721     signer.
722          (b) When there is no exact match of an address and a name, the county clerk shall
723     declare the signature valid if:
724          (i) the signer's address on the petition matches the address of a person on the official
725     register with a substantially similar name; and
726          (ii) (A) the signer's holographic signature appears substantially similar to the
727     holographic signature on the statewide voter registration database of the person described in
728     Subsection (2)(b)(i)[.]; or
729          (B) the signer's electronic signature exactly matches the driver license number or
730     state-issued identification card number, for the person described in Subsection (2)(b)(i), on the
731     statewide voter registration database.
732          (c) When there is no match of an address and a substantially similar name, the county
733     clerk shall declare the signature valid if:
734          (i) the signer's birth date or age on the petition matches the birth date or age of a person
735     on the official register with a substantially similar name; and
736          (ii) (A) the signer's holographic signature appears substantially similar to the
737     holographic signature on the statewide voter registration database of the person described in
738     Subsection (2)(c)(i)[.]; or
739          (B) the signer's electronic signature exactly matches the driver license number or
740     state-issued identification card number, for the person described in Subsection (2)(c)(i), on the
741     statewide voter registration database.
742          (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
743     clerk shall declare the signature to be invalid.
744          Section 13. Section 20A-7-307 is amended to read:
745          20A-7-307. Evaluation by the lieutenant governor.
746          (1) [When each] After receiving a referendum packet [is received] containing
747     holographic signatures from a county clerk, the lieutenant governor shall [check off from the]
748     record the number [of each referendum packet filed] assigned under Subsection
749     20A-7-304(3)(c)(ii) to the referendum packet, including an indication that the lieutenant
750     governor received the initiative packet.
751          (2) (a) After all of the referendum packets have been received by the lieutenant
752     governor and the lieutenant governor has removed the signatures as required by Section
753     20A-7-306, the lieutenant governor shall:
754          (i) count the number of the names certified by the county clerks that remain on each
755     verified signature sheet; and
756          (ii) declare the petition to be sufficient or insufficient no later than 60 days after the
757     end of the legislative session at which the law passed.
758          (b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds
759     the number of names required by Section 20A-7-301 and the requirements of this part are met,
760     the lieutenant governor shall mark upon the front of the petition the word "sufficient."
761          (c) If the total number of names counted under Subsection (2)(a)(i) does not equal or
762     exceed the number of names required by Section 20A-7-301 or a requirement of this part is not
763     met, the lieutenant governor shall mark upon the front of the petition the word "insufficient."
764          (d) The lieutenant governor shall immediately notify any one of the sponsors of the
765     lieutenant governor's finding.
766          (3) (a) If the lieutenant governor refuses to accept and file any referendum petition, any
767     voter may apply to the supreme court for an extraordinary writ to compel the lieutenant
768     governor to do so within 10 days after the refusal.
769          (b) If the supreme court determines that the referendum petition is legally sufficient,
770     the lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
771     date on which it was originally offered for filing in the lieutenant governor's office.
772          (c) If the supreme court determines that any petition filed is not legally sufficient, the
773     supreme court may enjoin the lieutenant governor and all other officers from certifying or
774     printing the ballot title and numbers of that measure on the official ballot.
775          (4) A petition determined to be sufficient in accordance with this section is qualified
776     for the ballot.
777          Section 14. Section 20A-7-312 is amended to read:
778          20A-7-312. Misconduct of electors and officers -- Penalty.
779          (1) It is unlawful for [any person] an individual to:
780          (a) sign [any] a referendum petition with:
781          (i) a name other than the [person's own to any referendum petition;] individual's own
782     name; or
783          (ii) a driver license number or state-issued identification card number other than the
784     individual's own driver license number or state-issued identification card number;
785          (b) knowingly sign [the person's name] a referendum petition more than once for the
786     same measure at one election;
787          (c) sign a referendum petition knowing the [person] individual is not a legal voter; or
788          (d) knowingly and willfully violate any provision of this part.
789          (2) It is unlawful for [any person] an individual to sign the verification statement for a
790     referendum packet knowing that:
791          (a) the [person] individual does not meet the residency requirements of Section
792     20A-2-105; or
793          [(b) the person has not witnessed the signatures of those persons whose names appear
794     in the referendum packet; or]
795          [(c) one or more persons whose signatures appear]
796          (b) an individual whose signature appears in the referendum packet [is either]:
797          (i) is not registered to vote [in Utah; or]; and
798          (ii) does not intend to become registered to vote [in Utah] before the certification of the
799     petition names by the county clerk.
800          (3) [Any] A person violating this section is guilty of a class A misdemeanor.
801          Section 15. Section 20A-7-503 is amended to read:
802          20A-7-503. Form of initiative petitions and signature sheets.
803          (1) (a) Each proposed initiative petition shall be [printed] created in substantially the
804     following form:
805          "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
806     Clerk:
807          We, the undersigned citizens of Utah, respectfully demand that the following proposed
808     law be submitted to: the legislative body for its approval or rejection at its next meeting; and
809     the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
810     no action on it.
811          Each signer says:
812          I have personally signed this petition;
813          I am registered to vote in Utah or intend to become registered to vote in Utah before the
814     certification of the petition names by the county clerk; and
815          [My] I have submitted my residence and post office address [are written] correctly after
816     my name."
817          (b) The sponsors of an initiative shall attach a copy of the proposed law to each
818     initiative petition.
819          (2) [Each] A signature sheet used to collect holographic signatures shall:
820          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
821          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
822     that line blank for the purpose of binding;
823          (c) contain the title of the initiative [printed] below the horizontal line;
824          (d) contain the initial fiscal impact estimate's summary statement issued under
825     Subsection 20A-7-502.5(2)(b) by the budget officer [according to Subsection
826     20A-7-502.5(2)(b)] and the cost estimate issued under Subsection 20A-7-502.5(3) for printing
827     and distributing information related to the initiative petition [according to Subsection
828     20A-7-502.5(3) printed or typed], in not less than 12-point, bold type, at the top of each
829     signature sheet under the title of the initiative;
830          (e) contain the word "Warning" [printed or typed] at the top of [each] the signature
831     sheet under the initial fiscal impact estimate's summary statement;
832          (f) contain, to the right of the word "Warning," the following statement [printed or
833     typed] in not less than eight-point[, single-leaded] type:
834          "It is a class A misdemeanor for [anyone] an individual to sign [any] an initiative
835     petition with [any other name than his own] a name other than the individual's own name, or to
836     knowingly [to] sign [his] the individual's name more than once for the same measure, or to sign
837     an initiative petition when [he] the individual knows [he] the individual is not a registered
838     voter and [knows that he] does not intend to become registered to vote before the certification
839     of the petition names by the county clerk.";
840          (g) contain horizontally ruled lines three-eighths inch apart under the "Warning"
841     statement required by this section;
842          (h) be vertically divided into columns as follows:
843          (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
844     wide, be headed with "For Office Use Only", and be subdivided with a light vertical line down
845     the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
846          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
847     Name (must be legible to be counted)";
848          (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
849     Voter";
850          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
851     and
852          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
853     Code";
854          (i) spanning the sheet horizontally beneath each row on which a registered voter may
855     submit the information described in Subsection (2)(h), contain the following statement [printed
856     or typed] in not less than eight-point[, single-leaded] type:
857          "By signing this petition, you are stating that you have read and understand the law
858     proposed by this petition."; and
859          (j) at the bottom of the sheet, contain the following statement: "Birth date or age
860     information is not required[,] but [it] may be used to verify your identity with voter registration
861     records. If you choose not to provide [it] this information, your signature may not be verified
862     as a valid signature if you change your address before petition signatures are verified or if the
863     information you provide does not match your voter registration records."
864          [(3) The final page of each initiative packet shall contain the following printed or typed
865     statement:]
866          ["Verification]
867          [State of Utah, County of ____]
868          [I, _______________, of ____, hereby state that:]
869          [I am a resident of Utah and am at least 18 years old;]
870          [All the names that appear in this initiative packet were signed by persons who
871     professed to be the persons whose names appear in it, and each of them signed his name on it
872     in my presence;]
873          [I believe that each has printed and signed his name and written his post office address
874     and residence correctly, and that each signer is registered to vote in Utah or intends to become
875     registered to vote before the certification of the petition names by the county clerk.]
876          [_____________________________"]
877          (3) A signature sheet used to collect electronic signatures shall be an electronic form
878     that contains:
879          (a) the title of the initiative at the top of the form;
880          (b) the initial fiscal impact estimate's summary statement issued under Subsection
881     20A-7-502.5(2)(b) by the budget officer and the cost estimate issued under Subsection
882     20A-7-502.5(3) for printing and distributing information related to the initiative petition, in not
883     less than 12-point, bold type, at the top of the form under the title of the initiative;
884          (c) the word "Warning" at the top of the form under the initial fiscal impact estimate's
885     summary statement;
886          (d) to the right of the word "Warning," the following statement in not less than
887     eight-point type:
888          "It is a class A misdemeanor for an individual to sign an initiative petition with a name,
889     driver license number, or state-issued identification card number, other than the individual's
890     own name, driver license number, or state-issued identification card number, or to knowingly
891     sign an initiative petition more than once for the same measure, or to sign an initiative petition
892     when the individual knows the individual is not a registered voter and does not intend to
893     become registered to vote before the certification of the petition names by the county clerk.";
894          (e) a space titled "Registered Voter's Name";
895          (f) a space titled "Signature of Registered Voter" in which an individual who signs the
896     petition may submit the individual's driver license number or state-issued identification card
897     number as the individual's signature;
898          (g) immediately after the space described in Subsection (3)(f), the following statement,
899     in not less than eight-point type:
900          "Your electronic signature must be in the form of your current driver license number or
901     state-issued identification card number. Submitting any other information as your electronic
902     signature will result in the disqualification of your signature. By signing this petition, you are
903     stating that you have read and understand the law proposed by this petition.";
904          (h) a space titled "Birth Date or Age (Optional)" followed by the following statement:
905          "Birth date or age information is not required, but may be used to verify your identity
906     with voter registration records. If you choose not to provide this information, your signature
907     may not be verified as a valid signature if you change your address before petition signatures
908     are verified or if the information you provide does not match your voter registration records.";
909          (i) a space titled "Street Address";
910          (j) a space titled "City"; and
911          (k) a space titled "Zip Code."
912          (4) The forms prescribed in this section are not mandatory, and, if substantially
913     followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
914     errors.
915          Section 16. Section 20A-7-504 is amended to read:
916          20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
917     materials -- Form of initiative packet.
918          (1) [In order to] To obtain the necessary number of signatures required by this part, the
919     sponsors shall circulate initiative packets that meet the form requirements of this part.
920          (2) Within five days after the day on which a local clerk receives an application that
921     complies with the requirements of Section 20A-7-502, the local clerk shall furnish to the
922     sponsors:
923          (a) one copy of the initiative petition; and
924          (b) one printed signature sheet.
925          [(3) The sponsors of the petition shall:]
926          [(a) arrange and pay for the printing of all additional copies of the petition and
927     signature sheets; and]
928          [(b) ensure that the copies of the petition and signature sheets meet the form
929     requirements of this section.]
930          [(4) (a) The sponsors may prepare the initiative for circulation by creating multiple
931     initiative packets.]
932          [(b) The sponsors shall create those packets by binding]
933          (3) (a) Sponsors who collect holographic signatures shall:
934          (i) create each initiative packet by binding the following together at the top in a manner
935     that allows the packet to be conveniently opened for signing:
936          (A) a printed copy of the initiative petition[,];
937          (B) a printed copy of the proposed law[,]; and
938          (C) no more than 50 printed signature sheets [together at the top in such a way that the
939     packets may be conveniently opened for signing.];
940          (ii) arrange and pay for the printing of all additional copies of the petition and signature
941     sheets; and
942          (iii) ensure that the copies of the petition and signature sheets meet the form
943     requirements described in this section.
944          [(c)] (b) The sponsors need not attach a uniform number of signature sheets to each
945     initiative packet.
946          [(5) (a) ] (c) (i) After the sponsors have prepared a sufficient number of initiative
947     packets, [they] the sponsors shall return [them] the initiative packets to the local clerk.
948          [(b)] (ii) The local clerk shall:
949          [(i)] (A) number each [of the initiative packets] initiative packet and return [them] the
950     initiative packet to the sponsors within five [working days] business days after the day on
951     which the local clerk receives the initiative packet; and
952          [(ii)] (B) keep a record of the [numbers] number assigned to each packet.
953          (4) (a) Sponsors who collect electronic signatures shall:
954          (i) create each initiative packet by creating an electronically accessible copy of:
955          (A) the initiative petition;
956          (B) the proposed law; and
957          (C) a signature sheet; and
958          (ii) ensure that an individual views the initiative petition and the proposed law that is
959     the subject of the initiative before the individual signs the signature sheet.
960          (b) Before delivering an initiative packet to a county clerk under Section 20A-7-506,
961     the sponsors of an initiative petition who collect electronic signatures shall:
962          (i) print completed signature sheets in substantially the same form as required under
963     Subsection 20A-7-503(2) for a signature sheet used to collect holographic signatures; and
964          (ii) prepare one or more printed and completed initiative packets in substantially the
965     same form as required under Subsection (3)(a) for an initiative packet used to collect
966     holographic signatures.
967          Section 17. Section 20A-7-505 is amended to read:
968          20A-7-505. Obtaining signatures -- Verification statement -- Removal of
969     signature.
970          (1) [Any Utah] A voter may sign a local initiative petition if the voter is a legal voter
971     and resides in the local jurisdiction.
972          (2) (a) The sponsors of a local initiative petition shall [ensure that the person in whose
973     presence each signature sheet was signed]:
974          (i) create a page containing the following verification statement:
975          "Verification
976          State of Utah, County of ____
977          I, _______________, of ____, hereby state that:
978          I am a resident of Utah and am at least 18 years of age;
979          Each signature that appears in this packet was signed by an individual who professed to
980     be the individual whose name is associated with the signature;
981          I believe that each individual has submitted the individual's name, signed the petition,
982     and submitted the individual's post office address and residence correctly, and that each signer
983     is registered to vote in Utah or intends to become registered to vote in Utah before the
984     certification of the petition names by the county clerk; and
985          I have not paid or given anything of value to any individual who signed this petition to
986     encourage that individual to sign it.
987          ______________________________________________________________________
988          (Name) (Residence Address) (Date)";
989          (ii) attach a verification statement to each initiative packet; and
990          (iii) ensure that an individual who circulates an initiative packet:
991          [(i)] (A) is at least 18 years [old] of age and meets the residency requirements of
992     Section 20A-2-105; and
993          [(ii)] (B) verifies [each signature sheet] the initiative packet by completing the
994     verification [printed on the last page of each initiative packet] statement attached to the
995     initiative packet.
996          (b) A person may not sign the verification [printed on the last page of] statement
997     attached to the initiative packet if the person signed a signature sheet in the initiative packet.
998          (3) (a) (i) [Any] A voter who has signed an initiative petition may have the voter's
999     signature removed from the petition by submitting to the county clerk a notarized statement [to
1000     that effect to the local clerk] requesting that the voter's signature be removed.
1001          (ii) [In order for] For the signature to be removed, the statement must be received by
1002     the [local] county clerk before [he delivers the petition to the county clerk to be certified] May
1003     15.
1004          (b) Upon receipt of the statement, the [local] county clerk shall remove the signature of
1005     the person submitting the statement from the initiative petition.
1006          (c) [No one may remove signatures] A signature may not be removed from an initiative
1007     petition after the petition is submitted to the county clerk to be certified.
1008          Section 18. Section 20A-7-506.3 is amended to read:
1009          20A-7-506.3. Verification of petition signatures.
1010          (1) (a) For the purposes of this section, "substantially similar name" means:
1011          (i) the given name and surname shown on the petition, or both, contain only minor
1012     spelling differences when compared to the given name and surname shown on the official
1013     register;
1014          (ii) the surname shown on the petition exactly matches the surname shown on the
1015     official register, and the given names differ only because one of the given names shown is a
1016     commonly used abbreviation or variation of the other;
1017          (iii) the surname shown on the petition exactly matches the surname shown on the
1018     official register, and the given names differ only because one of the given names shown is
1019     accompanied by a first or middle initial or a middle name which is not shown on the other
1020     record; or
1021          (iv) the surname shown on the petition exactly matches the surname shown on the
1022     official register, and the given names differ only because one of the given names shown is an
1023     alphabetically corresponding initial that has been provided in the place of a given name shown
1024     on the other record.
1025          (b) For the purposes of this section, "substantially similar name" does not mean a name
1026     having an initial or a middle name shown on the petition that does not match a different initial
1027     or middle name shown on the official register.
1028          (2) The county clerk shall use the following procedures in determining whether [or not]
1029     a signer is a registered voter:
1030          (a) [When] the county clerk shall declare a signature valid if:
1031          (i) a signer's name and address shown on the petition exactly match a name and address
1032     shown on the official register; and
1033          (ii) (A) the signer's holographic signature appears substantially similar to the
1034     holographic signature for the signer on the statewide voter registration database[, the county
1035     clerk shall declare the signature valid.]; or
1036          (B) the signer's electronic signature exactly matches the driver license number or
1037     state-issued identification card number for the signer on the statewide voter registration
1038     database;
1039          (b) [When] when there is no exact match of an address and a name, the county clerk
1040     shall declare the signature valid if:
1041          (i) the signer's address on the petition matches the address of a person on the official
1042     register with a substantially similar name; and
1043          (ii) (A) the signer's holographic signature appears substantially similar to the
1044     holographic signature on the statewide voter registration database of the person described in
1045     Subsection (2)(b)(i)[.]; or
1046          (B) the signer's electronic signature exactly matches the driver license number or
1047     state-issued identification card number, for the person described in Subsection (2)(b)(i), on the
1048     statewide voter registration database;
1049          (c) [When] when there is no match of an address and a substantially similar name, the
1050     county clerk shall declare the signature valid if:
1051          (i) the signer's birth date or age on the petition matches the birth date or age of a person
1052     on the official register with a substantially similar name; and
1053          (ii) (A) the signer's holographic signature appears substantially similar to the
1054     holographic signature on the statewide voter registration database of the person described in
1055     Subsection (2)(c)(i)[.]; or
1056          (B) the signer's electronic signature exactly matches the driver license number or
1057     state-issued identification card number, for the person described in Subsection (2)(c)(i), on the
1058     statewide voter registration database; and
1059          (d) [If] if a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
1060     county clerk shall declare the signature to be invalid.
1061          Section 19. Section 20A-7-507 is amended to read:
1062          20A-7-507. Evaluation by the local clerk.
1063          (1) [When each] After receiving an initiative packet [is received] containing
1064     holographic signatures from a county clerk, the local clerk shall [check off from the local
1065     clerk's] record the number [of each initiative packet filed] assigned under Subsection 20A-7-
1066     504(3)(c)(ii) to the initiative packet, including an indication that the local clerk received the
1067     initiative packet.
1068          (2) (a) After all of the initiative packets have been received by the local clerk, the local
1069     clerk shall count the number of the names certified by the county clerk that appear on each
1070     verified signature sheet.
1071          (b) If the total number of certified names from each verified signature sheet equals or
1072     exceeds the number of names required by Section 20A-7-501 and the requirements of this part
1073     are met, the local clerk shall mark upon the front of the petition the word "sufficient."
1074          (c) If the total number of certified names from each verified signature sheet does not
1075     equal or exceed the number of names required by Section 20A-7-501 or a requirement of this
1076     part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."
1077          (d) The local clerk shall immediately notify any one of the sponsors of the local clerk's
1078     finding.
1079          (3) If the local clerk finds the total number of certified signatures from each verified
1080     signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1081     for a recount of the signatures appearing on the initiative petition in the presence of any
1082     sponsor.
1083          (4) Once a petition is declared insufficient, the sponsors may not submit additional
1084     signatures to qualify the petition for the ballot.
1085          (5) (a) If the local clerk refuses to accept and file any initiative petition, any voter may
1086     apply to the supreme court for an extraordinary writ to compel him to do so within 10 days
1087     after the refusal.
1088          (b) If the supreme court determines that the initiative petition is legally sufficient, the
1089     local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on
1090     which it was originally offered for filing in the local clerk's office.
1091          (c) If the supreme court determines that any petition filed is not legally sufficient, the
1092     supreme court may enjoin the local clerk and all other officers from certifying or printing the
1093     ballot title and numbers of that measure on the official ballot.
1094          (6) A petition determined to be sufficient in accordance with this section is qualified
1095     for the ballot.
1096          Section 20. Section 20A-7-512 is amended to read:
1097          20A-7-512. Misconduct of electors and officers -- Penalty.
1098          (1) It is unlawful for [any person] an individual to:
1099          (a) sign [any] an initiative petition with:
1100          (i) a name other than the [person's own to any initiative petition;] individual's own
1101     name; or
1102          (ii) a driver license number or state-issued identification card number other than the
1103     individual's own driver license number or state-issued identification card number;
1104          (b) knowingly sign [the person's name] an initiative petition more than once for the
1105     same measure at one election;
1106          (c) sign an initiative petition knowing the [person] individual is not a legal voter; or
1107          (d) knowingly and willfully violate any provision of this part.
1108          (2) It is unlawful for [any person] an individual to sign the verification statement for an
1109     initiative packet knowing that:
1110          (a) the [person] individual does not meet the residency requirements of Section
1111     20A-2-105; or
1112          [(b) the person has not witnessed the signatures of those persons whose names appear
1113     in the initiative packet; or]
1114          [(c) one or more persons whose signatures appear]
1115          (b) an individual whose signature appears in the initiative packet [is either]:
1116          (i) is not registered to vote [in Utah; or]; and
1117          (ii) does not intend to become registered to vote [in Utah] before the certification of the
1118     petition names by the county clerk.
1119          (3) Any person violating this part is guilty of a class A misdemeanor.
1120          Section 21. Section 20A-7-603 is amended to read:
1121          20A-7-603. Form of referendum petition and signature sheets.
1122          (1) (a) Each proposed referendum petition shall be [printed] created in substantially the
1123     following form:
1124          "REFERENDUM PETITION To the Honorable ____, County Clerk/City
1125     Recorder/Town Clerk:
1126          We, the undersigned citizens of Utah, respectfully order that (description of local law or
1127     portion of local law being challenged), passed by the ____ be referred to the voters for their
1128     approval or rejection at the regular/municipal general election to be held on
1129     __________(month\day\year);
1130          Each signer says:
1131          I have personally signed this petition;
1132          I am registered to vote in Utah or intend to become registered to vote in Utah before the
1133     certification of the petition names by the county clerk; and
1134          [My] I have submitted my residence and post office address [are written] correctly after
1135     my name."
1136          (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
1137     referendum to each referendum petition.
1138          (2) [Each] A signature sheet used to collect holographic signatures shall:
1139          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1140          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1141     that line blank for the purpose of binding;
1142          (c) contain the title of the referendum printed below the horizontal line;
1143          (d) contain the word "Warning" [printed or typed] at the top of [each] the signature
1144     sheet under the title of the referendum;
1145          (e) contain, to the right of the word "Warning," the following statement [printed or
1146     typed] in not less than eight-point[, single-leaded] type:
1147          "It is a class A misdemeanor for an individual to sign a referendum petition with [any
1148     other name than] a name other than the individual's own name, or to knowingly sign the
1149     individual's name more than once for the same measure, or to sign a referendum petition when
1150     the individual knows that the individual is not a registered voter and [knows that the
1151     individual] does not intend to become registered to vote before the certification of the petition
1152     names by the county clerk.";
1153          (f) contain horizontally ruled lines three-eighths inch apart under the "Warning"
1154     statement required by this section;
1155          (g) be vertically divided into columns as follows:
1156          (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
1157     wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
1158     the middle;
1159          (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
1160     Name (must be legible to be counted)";
1161          (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
1162     Voter";
1163          (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
1164     and
1165          (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1166     Code";
1167          (h) spanning the sheet horizontally beneath each row on which a registered voter may
1168     submit the information described in Subsection (2)(g), contain the following statement [printed
1169     or typed] in not less than eight-point[, single-leaded] type: "By signing this petition, you are
1170     stating that you have read and understand the law this petition seeks to overturn."; and
1171          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
1172     information is not required[,] but [it] may be used to verify your identity with voter registration
1173     records. If you choose not to provide [it] this information, your signature may not be verified
1174     as a valid signature if you change your address before petition signatures are verified or if the
1175     information you provide does not match your voter registration records."
1176          [(3) The final page of each referendum packet shall contain the following printed or
1177     typed statement:]
1178          ["Verification]
1179          [State of Utah, County of ____]
1180          [I, _______________, of ____, hereby state that:]
1181          [I am a resident of Utah and am at least 18 years old;]
1182          [All the names that appear in this referendum packet were signed by persons who
1183     professed to be the persons whose names appear in it, and each of them signed his name on it
1184     in my presence;]
1185          [I believe that each has printed and signed his name and written his post office address
1186     and residence correctly, and that each signer is registered to vote in Utah or intends to become
1187     registered to vote before the certification of the petition names by the county clerk.]
1188          [_____________________________"]
1189          (3) A signature sheet used to collect electronic signatures shall be an electronic form
1190     that contains:
1191          (a) the title of the referendum at the top of the form;
1192          (b) the word "Warning" at the top of the form under the title of the referendum;
1193          (c) to the right of the word "Warning," the following statement in not less than
1194     eight-point type:
1195          "It is a class A misdemeanor for an individual to sign a referendum petition with a
1196     name, driver license number, or state-issued identification card number, other than the
1197     individual's own name, driver license number, or state-issued identification card number, or to
1198     knowingly sign a referendum petition more than once for the same measure, or to sign a
1199     referendum petition when the individual knows the individual is not a registered voter and does
1200     not intend to become registered to vote before the certification of the petition names by the
1201     county clerk.";
1202          (d) a space titled "Registered Voter's Name";
1203          (e) a space titled "Signature of Registered Voter" in which an individual who signs the
1204     petition may submit the individual's driver license number or state-issued identification card
1205     number as the individual's signature;
1206          (f) immediately under the space described in Subsection (3)(e), the following statement
1207     in not less than eight-point font:
1208          "Your electronic signature must be in the form of your current driver license number or
1209     state-issued identification card number. Submitting any other information as your electronic
1210     signature will result in the disqualification of your signature. By signing this petition, you are
1211     stating that you have read and understand the law this petition seeks to overturn.";
1212          (g) a space titled "Birth Date or Age (Optional)" followed by the following statement:
1213          "Birth date or age information is not required but may be used to verify your identity
1214     with voter registration records. If you choose not to provide this information, your signature
1215     may not be verified as a valid signature if you change your address before petition signatures
1216     are verified or if the information you provide does not match your voter registration records.";
1217          (h) a space titled "Street Address";
1218          (i) a space titled "City"; and
1219          (j) a space titled "Zip Code."
1220          (4) The forms prescribed in this section are not mandatory, and, if substantially
1221     followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical
1222     errors.
1223          Section 22. Section 20A-7-604 is amended to read:
1224          20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
1225     materials -- Form of referendum packet.
1226          (1) [In order to] To obtain the necessary number of signatures required by this part, the
1227     sponsors shall circulate referendum packets that meet the form requirements of this part.
1228          (2) Within five days after the day on which a local clerk receives an application that
1229     complies with the requirements of Section 20A-7-602, the local clerk shall furnish to the
1230     sponsors:
1231          (a) [five copies] one copy of the referendum petition; and
1232          (b) [five signature sheets.] one printed signature sheet.
1233          [(3) The sponsors of the petition shall:]
1234          [(a) arrange and pay for the printing of all additional copies of the petition and
1235     signature sheets; and]
1236          [(b) ensure that the copies of the petition and signature sheets meet the form
1237     requirements of this section.]
1238          [(4) (a) The sponsors may prepare the referendum for circulation by creating multiple
1239     referendum packets.]
1240          [(b) The sponsors shall create those packets by binding]
1241          (3) (a) Sponsors who collect holographic signatures shall:
1242          (i) create each referendum packet by binding the following together at the top in a
1243     manner that allows the packet to be conveniently opened for signing:
1244          (A) a printed copy of the referendum petition[,];
1245          (B) a copy of the law that is the subject of the referendum[,]; and
1246          (C) no more than 50 printed signature sheets [together at the top in such a way that the
1247     packets may be conveniently opened for signing].
1248          [(c)] (b) The sponsors [need not] are not required to attach a uniform number of
1249     signature sheets to each referendum packet.
1250          [(5) (a)] (c) (i) After the sponsors have prepared a sufficient number of referendum
1251     packets, [they] the sponsors shall return [them] the referendum packets to the local clerk.
1252          [(b)] (ii) The local clerk shall:
1253          [(i)] (A) number each [of the referendum packets] referendum packet and return [them]
1254     the referendum packet to the sponsors within five [working days] business days after the day on
1255     which the local clerk receives the referendum packet; and
1256          [(ii)] (B) keep a record of the [numbers] number assigned to each packet.
1257          (4) (a) Sponsors who collect electronic signatures shall:
1258          (i) create each referendum packet by creating an electronically accessible copy of:
1259          (A) the referendum petition;
1260          (B) the law that is the subject of the referendum; and
1261          (C) a signature sheet; and
1262          (ii) ensure that an individual views the referendum petition and the law that is the
1263     subject of the referendum before the individual signs the signature sheet.
1264          (b) Before delivering a referendum packet to a county clerk under Section 20A-7-606,
1265     the sponsors of a referendum petition who collect electronic signatures shall:
1266          (i) print completed signature sheets in substantially the same form required under
1267     Subsection 20A-7-603(2) for a signature sheet used to collect holographic signatures; and
1268          (ii) prepare one or more printed and completed referendum packets in substantially the
1269     same form required under Subsection (3)(a) for a referendum packet used to collect
1270     holographic signatures.
1271          Section 23. Section 20A-7-605 is amended to read:
1272          20A-7-605. Obtaining signatures -- Verification statement -- Removal of
1273     signature.
1274          (1) [Any Utah] A voter may sign a local referendum petition if the voter is a legal voter
1275     and resides in the local jurisdiction.
1276          (2) (a) The sponsors of a local referendum petition shall [ensure that the person in
1277     whose presence each signature sheet was signed]:
1278          (i) create a page containing the following verification statement:
1279          "Verification
1280          State of Utah, County of ____
1281          I, _______________, of ____, hereby state that:
1282          I am a resident of Utah and am at least 18 years of age;
1283          Each signature that appears in this packet was signed by an individual who professed to
1284     be the individual whose name is associated with the signature;
1285          I believe that each individual has submitted the individual's name, signed the petition,
1286     and submitted the individual's post office address and residence correctly, and that each signer
1287     is registered to vote in Utah or intends to become registered to vote in Utah before the
1288     certification of the petition names by the county clerk; and
1289          I have not paid or given anything of value to any individual who signed this petition to
1290     encourage that individual to sign it.
1291          ______________________________________________________________________
1292          (Name) (Residence Address) (Date)";
1293          (ii) attach a verification statement to each referendum packet; and
1294          (iii) ensure that an individual who circulates a referendum packet for the petition:
1295          [(i)] (A) is at least 18 years [old] of age and meets the residency requirements of
1296     Section 20A-2-105; and
1297          [(ii)] (B) verifies [each signature sheet] the referendum packet by completing the
1298     verification [printed on the last page of each referendum packet] statement attached to the
1299     referendum packet.
1300          (b) A person may not sign the verification [printed on the last page of] statement
1301     attached to the referendum packet if the person signed a signature sheet in the referendum
1302     packet.
1303          (3) (a) [Any] A voter who has signed a referendum petition may have the voter's
1304     signature removed from the petition by submitting to the county clerk a notarized statement [to
1305     that effect to the local clerk] requesting that the voter's signature be removed.
1306          (b) Except as provided in Subsection (3)(c), upon receipt of the statement, the [local]
1307     county clerk shall remove the signature of the person submitting the statement from the
1308     referendum petition.
1309          (c) [A local clerk may not remove signatures] A signature may not be removed from a
1310     referendum petition after the petition has been submitted to the county clerk to be certified.
1311          Section 24. Section 20A-7-606.3 is amended to read:
1312          20A-7-606.3. Verification of petition signatures.
1313          (1) (a) For the purposes of this section, "substantially similar name" means:
1314          (i) the given name and surname shown on the petition, or both, contain only minor
1315     spelling differences when compared to the given name and surname shown on the official
1316     register;
1317          (ii) the surname shown on the petition exactly matches the surname shown on the
1318     official register, and the given names differ only because one of the given names shown is a
1319     commonly used abbreviation or variation of the other;
1320          (iii) the surname shown on the petition exactly matches the surname shown on the
1321     official register, and the given names differ only because one of the given names shown is
1322     accompanied by a first or middle initial or a middle name which is not shown on the other
1323     record; or
1324          (iv) the surname shown on the petition exactly matches the surname shown on the
1325     official register, and the given names differ only because one of the given names shown is an
1326     alphabetically corresponding initial that has been provided in the place of a given name shown
1327     on the other record.
1328          (b) For the purposes of this section, "substantially similar name" does not mean a name
1329     having an initial or a middle name shown on the petition that does not match a different initial
1330     or middle name shown on the official register.
1331          (2) The county clerk shall use the following procedures in determining whether [or not]
1332     a signer is a registered voter:
1333          (a) [When] The county clerk shall declare a signature valid if:
1334          (i) a signer's name and address shown on the petition exactly match a name and address
1335     shown on the official register; and
1336          (ii) (A) the signer's holographic signature appears substantially similar to the
1337     holographic signature for the signer on the statewide voter registration database[, the county
1338     clerk shall declare the signature valid.]; or
1339          (B) the signer's electronic signature exactly matches the driver license number or
1340     state-issued identification card number for the signer on the statewide voter registration
1341     database.
1342          (b) When there is no exact match of an address and a name, the county clerk shall
1343     declare the signature valid if:
1344          (i) the signer's address on the petition matches the address of a person on the official
1345     register with a substantially similar name; and
1346          (ii) (A) the signer's holographic signature appears substantially similar to the
1347     holographic signature on the statewide voter registration database of the person described in
1348     Subsection (2)(b)(i)[.]; or
1349          (B) the signer's electronic signature exactly matches the driver license number or
1350     state-issued identification card number, for the person described in Subsection (2)(b)(i), on the
1351     statewide voter registration database.
1352          (c) When there is no match of an address and a substantially similar name, the county
1353     clerk shall declare the signature valid if:
1354          (i) the signer's birth date or age on the petition matches the birth date or age of a person
1355     on the official register with a substantially similar name; and
1356          (ii) (A) the signer's holographic signature appears substantially similar to the
1357     holographic signature on the statewide voter registration database of the person described in
1358     Subsection (2)(c)(i)[.]; or
1359          (B) the signer's electronic signature exactly matches the driver license number or
1360     state-issued identification card number, for the person described in Subsection (2)(c)(i), on the
1361     statewide voter registration database.
1362          (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1363     clerk shall declare the signature to be invalid.
1364          Section 25. Section 20A-7-607 is amended to read:
1365          20A-7-607. Evaluation by the local clerk.
1366          (1) [When each] After receiving a referendum packet [is received] containing
1367     holographic signatures from a county clerk, the local clerk shall [check off from the local
1368     clerk's] record the number [of each referendum packet filed] assigned under Subsection
1369     20A-7-604(3)(c)(ii) to the referendum packet, including an indication that the local clerk
1370     received the referendum packet.
1371          (2) Within 15 days after the day on which the local clerk receives each referendum
1372     packet from a county clerk, the local clerk shall:
1373          (a) count the number of the names certified by the county clerks that appear on each
1374     verified signature sheet;
1375          (b) if the total number of certified names from each verified signature sheet equals or
1376     exceeds the number of names required by Section 20A-7-601 and the requirements of this part
1377     are met, mark upon the front of the petition the word "sufficient";
1378          (c) if the total number of certified names from each verified signature sheet does not
1379     equal or exceed the number of names required by Section 20A-7-601 or a requirement of this
1380     part is not met, mark upon the front of the petition the word "insufficient"; and
1381          (d) notify any one of the sponsors of the local clerk's finding.
1382          (3) If the local clerk finds the total number of certified signatures from each verified
1383     signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1384     for a recount of the signatures appearing on the referendum petition in the presence of any
1385     sponsor.
1386          (4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
1387     may apply to the Supreme Court for an extraordinary writ to compel the local clerk to do so
1388     within 10 days after the refusal.
1389          (b) If the Supreme Court determines that the referendum petition is legally sufficient,
1390     the local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on
1391     which it was originally offered for filing in the local clerk's office.
1392          (c) If the Supreme Court determines that any petition filed is not legally sufficient, the
1393     Supreme Court may enjoin the local clerk and all other officers from:
1394          (i) certifying or printing the ballot title and numbers of that measure on the official
1395     ballot for the next election; or
1396          (ii) as it relates to a local tax law that is conducted entirely by absentee ballot,
1397     certifying, printing, or mailing the ballot title and numbers of that measure under Section
1398     20A-7-609.5.
1399          (5) A petition determined to be sufficient in accordance with this section is qualified
1400     for the ballot.
1401          Section 26. Section 20A-7-612 is amended to read:
1402          20A-7-612. Misconduct of electors and officers -- Penalty.
1403          (1) It is unlawful for [any person] an individual to:
1404          (a) sign [any] a referendum petition with:
1405          (i) a name other than [his own to any referendum petition;] the individual's own name;
1406     or
1407          (ii) a driver license number or state-issued identification card number other than the
1408     individual's own driver license number or state-issued identification card number;
1409          (b) knowingly sign [his name] a referendum petition more than once for the same
1410     measure at one election;
1411          (c) sign a referendum petition knowing [he] the individual is not a legal voter; or
1412          (d) knowingly and willfully violate any provision of this part.
1413          (2) It is unlawful for [any person] an individual to sign the verification statement for a
1414     referendum packet knowing that:
1415          (a) [he] the individual does not meet the residency requirements of Section 20A-2-105;
1416     or
1417          (b) [he has not witnessed the signatures of those persons whose names appear in the
1418     referendum packet; or (c) one or more persons whose signatures appear] an individual whose
1419     signature appears in the referendum packet [is either]:
1420          (i) is not registered to vote [in Utah; or]; and
1421          (ii) does not intend to become registered to vote [in Utah] before the certification of the
1422     petition names by the county clerk.
1423          (3) [Any] A person violating this part is guilty of a class A misdemeanor.
1424          (4) The county attorney or municipal attorney shall prosecute any violation of this
1425     section.
1426          Section 27. Section 20A-7-613 is amended to read:
1427          20A-7-613. Property tax referendum petition.
1428          (1) As used in this section, "certified tax rate" means the same as that term is defined in
1429     Section 59-2-924.
1430          (2) Except as provided in this section, the requirements of this part apply to a
1431     referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
1432     exceeds the certified tax rate.
1433          (3) Notwithstanding Subsection 20A-7-604[(5)](3)(c), the local clerk shall number
1434     each [of the referendum packets and return them] referendum packet used to collect
1435     holographic signatures and return the referendum packet to the sponsors within two [working]
1436     business days after the day on which the local clerk receives the referendum packet.
1437          (4) Notwithstanding Subsection 20A-7-606(1), the sponsors shall deliver each signed
1438     and verified referendum packet to the county clerk of the county in which the packet was
1439     circulated no later than 40 days after the day on which the local clerk complies with Subsection
1440     (3).
1441          (5) Notwithstanding Subsections 20A-7-606(2) and (3), the county clerk shall take the
1442     actions required in Subsections 20A-7-606(2) and (3) within 10 working days after the day on
1443     which the county clerk receives the signed and verified referendum packet as described in
1444     Subsection (4).
1445          (6) The local clerk shall take the actions required by Section 20A-7-607 within two
1446     [working] business days after the day on which the local clerk receives the referendum packets
1447     from the county clerk.
1448          (7) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
1449     ballot title within two working days after the day on which the referendum petition is declared
1450     sufficient for submission to a vote of the people.
1451          (8) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
1452     ballot under this section shall appear on the ballot for the earlier of the next regular general
1453     election or the next municipal general election unless a special election is called.
1454          (9) Notwithstanding the requirements related to absentee ballots under this title:
1455          (a) the election officer shall prepare absentee ballots for those voters who have
1456     requested an absentee ballot as soon as possible after the ballot title is prepared as described in
1457     Subsection (7); and
1458          (b) the election officer shall mail absentee ballots on a referendum under this section
1459     the later of:
1460          (i) the time provided in Section 20A-3-305 or 20A-16-403; or
1461          (ii) the time that absentee ballots are prepared for mailing under this section.
1462          (10) Section 20A-7-402 does not apply to a referendum described in this section.
1463          (11) (a) If a majority of voters does not vote against imposing the tax at a rate
1464     calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
1465     entity's legislative body:
1466          (i) the certified tax rate for the fiscal year during which the referendum petition is filed
1467     is its most recent certified tax rate; and
1468          (ii) the proposed increased revenues for purposes of establishing the certified tax rate
1469     for the fiscal year after the fiscal year described in Subsection (11)(a)(i) are the proposed
1470     increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
1471     before the filing of the referendum petition.
1472          (b) If a majority of voters votes against imposing a tax at the rate established by the
1473     vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
1474     taxing entity's most recent certified tax rate.
1475          (c) If the tax rate is set in accordance with Subsection (11)(a)(ii), a taxing entity is not
1476     required to comply with the notice and public hearing requirements of Section 59-2-919 if the
1477     taxing entity complies with those notice and public hearing requirements before the referendum
1478     petition is filed.
1479          (12) The ballot title shall, at a minimum, include in substantially this form the
1480     following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
1481     sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
1482     budgeted, adopted, and approved by the [name of the taxing entity]".
1483          (13) A taxing entity shall pay the county the costs incurred by the county that are
1484     directly related to meeting the requirements of this section and that the county would not have
1485     incurred but for compliance with this section.
1486          (14) (a) An election officer shall include on a ballot a referendum that has not yet
1487     qualified for placement on the ballot, if:
1488          (i) sponsors file an application for a referendum described in this section;
1489          (ii) the ballot will be used for the election for which the sponsors are attempting to
1490     qualify the referendum; and
1491          (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
1492     the day on which the ballot will be printed.
1493          (b) If an election officer includes on a ballot a referendum described in Subsection
1494     (14)(a), the ballot title shall comply with Subsection (12).
1495          (c) If an election officer includes on a ballot a referendum described in Subsection
1496     (14)(a) that does not qualify for placement on the ballot, the election officer shall inform the
1497     voters by any practicable method that the referendum has not qualified for the ballot and that
1498     votes cast in relation to the referendum will not be counted.
1499          Section 28. Section 20A-8-103 is amended to read:
1500          20A-8-103. Petition procedures -- Criminal penalty.
1501          (1) As used in this section, [the proposed name or emblem of a registered political
1502     party is] "distinguishable" [if] means a reasonable person of average intelligence [will be] is
1503     able to perceive a difference between [the] a proposed political party name or emblem and any
1504     name or emblem currently being used by another registered political party.
1505          (2) To become a registered political party, an organization of registered voters that is
1506     not a continuing political party shall:
1507          (a) circulate a petition seeking registered political party status beginning no earlier than
1508     the date of the statewide canvass held after the last regular general election and ending no later
1509     than the February 15 of the year in which the next regular general election will be held; and
1510          (b) file a petition with the lieutenant governor that is signed[, with a holographic
1511     signature,] by at least 2,000 registered voters on or before February 15 of the year in which a
1512     regular general election will be held.
1513          (3) [The petition shall] The first part of the petition shall:
1514          (a) identify the political party's name, which may not exceed four words, and the
1515     emblem of the party;
1516          (b) state the process that the organization will follow to organize and adopt a
1517     constitution and bylaws; and
1518          (c) be signed by a filing officer, who agrees to receive communications on behalf of the
1519     organization.
1520          (4) After the first part described in Subsection (3), the petition shall contain a statement
1521     in substantially the following form:
1522          "POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
1523     Lieutenant Governor:
1524          We, the undersigned citizens of Utah, seek registered political party status for ____
1525     (name);
1526          Each signer says:
1527          I have personally signed this petition;
1528          I am registered to vote in Utah or will register to vote in Utah before the petition is
1529     submitted to the lieutenant governor;
1530          I am or desire to become a member of the political party; and
1531          I have submitted my residence and post office address correctly after my name."
1532          (5) (a) A petition used to collect holographic signatures shall, after the statement
1533     described in Subsection (4), contain signature sheets that shall:
1534          [(a)] (i) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1535          [(b)] (ii) be ruled with a horizontal line 3/4 inch from the top, with the space above that
1536     line blank for the purpose of binding;
1537          [(c)] (iii) contain the name of the political party and the words "Political Party
1538     Registration Petition" printed directly below the horizontal line;
1539          [(d)] (iv) contain the word "Warning" [printed] directly under the words described in
1540     Subsection [(3)(c)] (5)(a)(iii);
1541          [(e)] (v) contain, to the right of the word "Warning," the following statement [printed]
1542     in not less than eight-point[, single leaded] type:
1543          "It is a class A misdemeanor for [anyone] an individual to [knowingly] sign a political
1544     party registration petition [signature sheet] with [any] a name other than the [person's]
1545     individual's own name, or to knowingly sign the individual's name more than once for the same
1546     party, or [if the person] to sign a political party registration petition when the individual knows
1547     the individual is not a registered [to vote in this state] voter and does not intend to become
1548     registered to vote [in this state] before the certification of petition [is submitted to] names by
1549     the lieutenant governor."; and
1550          [(f) contain the following statement directly under the statement described in
1551     Subsection (3)(e):]
1552          ["POLITICAL PARTY REGISTRATION PETITION To the Honorable ____,
1553     Lieutenant Governor:]
1554          [We, the undersigned citizens of Utah, seek registered political party status for ____
1555     (name);]
1556          [Each signer says:]
1557          [I have personally signed this petition with a holographic signature;]
1558          [I am registered to vote in Utah or will register to vote in Utah before the petition is
1559     submitted to the lieutenant governor;]
1560          [I am or desire to become a member of the political party; and]
1561          [My street address is written correctly after my name."; and]
1562          [(g)] (vi) be vertically divided into columns as follows:
1563          [(i)] (A) the first column shall appear at the extreme left of [the] each sheet, be 5/8 inch
1564     wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
1565     the middle;
1566          [(ii)] (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's
1567     Printed Name (must be legible to be counted)";
1568          [(iii)] (C) the next column shall be 2-1/2 inches wide, headed "[Holographic] Signature
1569     of Registered Voter";
1570          [(iv)] (D) the next column shall be one inch wide, headed "Birth Date or Age
1571     (Optional)";
1572          [(v)] (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1573     Code"; and
1574          [(vi)] (F) at the bottom of [the] each sheet, contain the following statement: "Birth date
1575     or age information is not required[,] but [it] may be used to verify your identity with voter
1576     registration records. If you choose not to provide [it] this information, your signature may not
1577     be certified as a valid signature if you change your address before petition signatures are
1578     certified or if the information you provide does not match your voter registration records."[;]
1579          [(h) have a final page bound to one or more signature sheets that are bound together
1580     that contains]
1581          (b) (i) A petition used to collect electronic signatures shall contain an electronically
1582     accessible copy of:
1583          (A) the information described in Subsection (3); and
1584          (B) the statement described in Subsection (4).
1585          (ii) After the statement described in Subsection (4), a petition used to collect electronic
1586     signatures shall contain a signature sheet in electronic form that:
1587          (A) lists the name of the political party and the words "Political Party Registration
1588     Petition" at the top of the form;
1589          (B) contains the word "Warning" directly under the words described in Subsection
1590     (5)(b)(ii)(A);
1591          (C) contains, to the right of the word "Warning," the following statement in not less
1592     than eight-point type:
1593          "It is a class A misdemeanor for an individual to sign a political party registration
1594     petition with a name, driver license number, or state-issued identification card number, other
1595     than the individual's own name, driver license number, or state-issued identification card
1596     number, or to knowingly sign a political party registration petition more than once for the same
1597     party, or to sign a political party registration petition when the individual knows the individual
1598     is not a registered voter and does not intend to become registered to vote before the
1599     certification of the petition names by the county clerk.";
1600          (D) a space titled "Registered Voter's Name";
1601          (E) a space titled "Signature of Registered Voter" for an individual signing the petition
1602     to submit the individual's driver license number or state-issued identification card number as
1603     the individual's signature;
1604          (F) immediately after the space described in Subsection (5)(b)(ii)(E), the following
1605     statement in not less than eight-point type:
1606          "Your electronic signature must be in the form of your current driver license number or
1607     state-issued identification card number. Submitting any other information as your electronic
1608     signature will result in the disqualification of your signature.";
1609          (G) a space titled "Birth Date or Age (Optional)" followed by the following statement:
1610          "Birth date or age information is not required but may be used to verify your identity
1611     with voter registration records. If you choose not to provide this information, your signature
1612     may not be verified as a valid signature if you change your address before petition signatures
1613     are certified or if the information you provide does not match your voter registration records.";
1614          (H) a space titled "Street Address";
1615          (I) a space titled "City"; and
1616          (J) a space titled "Zip Code."
1617          (iii) The sponsors of a political party registration petition who collect electronic
1618     signatures shall ensure that an individual views the information described in Subsection (3) and
1619     the statement described in Subsection (4) before the individual signs the signature sheet.
1620          (iv) The sponsors of a political party registration petition who collect electronic
1621     signatures shall file, under Subsection (2), a printed version of the petition with the lieutenant
1622     governor by creating a packet that contains:
1623          (A) a cover sheet containing the information described in Subsection (3);
1624          (B) the statement described in Subsection (4);
1625          (C) signature sheets in substantially the same form required under Subsection (5)(a) for
1626     a signature sheet used to collect holographic signatures; and
1627          (D) a final page containing the verification statement described in Subsection (6).
1628          (6) The final page of a petition shall contain the following printed verification
1629     statement:
1630          "Verification
1631          State of Utah, County of ____
1632          I, _______________, of ____, hereby state that:
1633          I am a Utah resident and am at least 18 years [old] of age;
1634          [All the names that appear on the signature sheets bound to this page were signed by
1635     persons who professed to be the persons whose names appear on the signature sheets, and each
1636     of them signed the person's name on the signature sheets in my presence;]
1637          [I believe that each has printed and signed the person's name and written the person's
1638     street address correctly, and that each signer is registered to vote in Utah or will register to vote
1639     in Utah before the petition is submitted to the lieutenant governor.] Each signature that appears
1640     in this packet was signed by an individual who professed to be the individual whose name is
1641     associated with the signature;
1642          I believe that each individual has submitted the individual's name, signed the petition,
1643     and submitted the individual's post office address and residence correctly, and that each signer
1644     is registered to vote in Utah or intends to become registered to vote in Utah before the
1645     certification of the petition names by the lieutenant governor.
1646          ______________________________________________________________________
1647          (Signature)               (Residence Address)                    (Date)"[;
1648     and]
1649          [(i) be bound to a cover sheet that:]
1650          [(i) identifies the political party's name, which may not exceed four words, and the
1651     emblem of the party;]
1652          [(ii) states the process that the organization will follow to organize and adopt a
1653     constitution and bylaws; and]
1654          [(iii) is signed by a filing officer, who agrees to receive communications on behalf of
1655     the organization.]
1656          [(4)] (7) The filing officer described in Subsection (3)[(i)(iii)](c) shall ensure that [the
1657     person in whose presence each signature sheet is signed] an individual who circulates a
1658     signature sheet for the political party registration petition:
1659          (a) is at least 18 years [old] of age;
1660          (b) meets the residency requirements of Section 20A-2-105; and
1661          (c) verifies [each] the signature sheet by completing the verification [bound to one or
1662     more signature sheets that are bound together] statement attached to the petition containing the
1663     signature sheet.
1664          [(5)] (8) A person may not sign the verification statement if the person signed a
1665     signature sheet bound to the verification statement.
1666          [(6)] (9) The lieutenant governor shall:
1667          (a) determine whether [the required number of voters appears on] a sufficient number
1668     of voters have signed the petition;
1669          (b) review the proposed name and emblem to determine if [they are "distinguishable"
1670     from the names and emblems of other registered political parties] the name and emblem are
1671     distinguishable; and
1672          (c) certify the lieutenant governor's findings to the filing officer described in
1673     Subsection (3)[(i)(iii)](c) within 30 days [of the filing of the petition] after the day on which
1674     the petition is filed.
1675          [(7)] (10) (a) If the lieutenant governor determines that the petition meets the
1676     requirements of this section, and that the proposed name and emblem are distinguishable, the
1677     lieutenant governor shall authorize the filing officer described in Subsection (3)[(i)(iii)](c) to
1678     organize the prospective political party.
1679          (b) If the lieutenant governor finds that the name, emblem, or both are not
1680     distinguishable from the names and emblems of other registered political parties, the lieutenant
1681     governor shall notify the filing officer that the filing officer has seven days to submit a new
1682     name or emblem to the lieutenant governor.
1683          [(8)] (11) A registered political party may not change its name or emblem during the
1684     regular general election cycle.
1685          [(9)] (12) (a) It is unlawful for [any person] an individual to:
1686          (i) [knowingly] sign a political party registration petition with:
1687          (A) [with any] a name other than the [person's] individual's own name; or
1688          (B) a driver license number or state-issued identification card number other than the
1689     individual's own driver license number or state-issued identification card number;
1690          [(B)] (ii) knowingly sign a political party registration petition more than once for the
1691     same political party; [or]
1692          [(C)] (iii) sign a political party registration petition if the [person] individual knows the
1693     individual is not [registered to vote in this state] a registered voter and does not intend to
1694     become registered to vote [in this state] before the [petition is submitted to] verification of
1695     petition signatures by the the lieutenant governor; or
1696          [(ii)] (iv) sign the verification statement of a political party registration petition
1697     signature sheet if the [person] individual:
1698          (A) does not meet the residency requirements of Section 20A-2-105; or
1699          [(B) has not witnessed the signing by those persons whose names appear on the
1700     political party registration petition signature sheet; or]
1701          [(C)] (B) knows that [a person] an individual whose signature appears on the political
1702     party registration petition signature sheet is not registered to vote in this state and does not
1703     intend to become registered to vote in this state before the verification of petition signatures by
1704     the lieutenant governor.
1705          (b) [Any] A person violating this Subsection [(9)] (12) is guilty of a class A
1706     misdemeanor.
1707          Section 29. Section 20A-9-203 is amended to read:
1708          20A-9-203. Declarations of candidacy -- Municipal general elections.
1709          (1) (a) (i) A person may become a candidate for any municipal office if:
1710          (A) the person is a registered voter; and
1711          (B) (I) the person has resided within the municipality in which that person seeks to
1712     hold elective office for the 12 consecutive months immediately before the date of the election;
1713     or
1714          (II) if the territory in which the person resides was annexed into the municipality, the
1715     person has resided within the annexed territory or the municipality the 12 consecutive months
1716     immediately before the date of the election.
1717          (ii) For purposes of determining whether a person meets the residency requirement of
1718     Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
1719     the election, the municipality shall be considered to have been incorporated 12 months before
1720     the date of the election.
1721          (b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal
1722     council position shall, if elected from a district, be a resident of the council district from which
1723     elected.
1724          (c) In accordance with Utah Constitution Article IV, Section 6, any mentally
1725     incompetent person, any person convicted of a felony, or any person convicted of treason or a
1726     crime against the elective franchise may not hold office in this state until the right to hold
1727     elective office is restored under Section 20A-2-101.3 or 20A-2-101.5.
1728          (2) (a) A person seeking to become a candidate for a municipal office shall:
1729          (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
1730     the office hours described in Section 10-3-301 and not later than the close of those office
1731     hours, between June 1 and June 7 of any odd-numbered year; and
1732          (ii) pay the filing fee, if one is required by municipal ordinance.
1733          (b) Any resident of a municipality may nominate a candidate for a municipal office by:
1734          (i) filing a nomination petition with the city recorder or town clerk during the office
1735     hours described in Section 10-3-301 and not later than the close of those office hours, between
1736     June 1 and June 7 of any odd-numbered year; and
1737          (ii) paying the filing fee, if one is required by municipal ordinance.
1738          (3) (a) Before the filing officer may accept any declaration of candidacy or nomination
1739     petition, the filing officer shall:
1740          (i) read to the prospective candidate or person filing the petition the constitutional and
1741     statutory qualification requirements for the office that the candidate is seeking; and
1742          (ii) require the candidate or person filing the petition to state whether the candidate
1743     meets those requirements.
1744          (b) If the prospective candidate does not meet the qualification requirements for the
1745     office, the filing officer may not accept the declaration of candidacy or nomination petition.
1746          (c) If it appears that the prospective candidate meets the requirements of candidacy, the
1747     filing officer shall:
1748          (i) inform the candidate that the candidate's name will appear on the ballot as it is
1749     written on the declaration of candidacy;
1750          (ii) provide the candidate with a copy of the current campaign financial disclosure laws
1751     for the office the candidate is seeking and inform the candidate that failure to comply will
1752     result in disqualification as a candidate and removal of the candidate's name from the ballot;
1753          (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
1754     Electronic Voter Information Website Program and inform the candidate of the submission
1755     deadline under Subsection 20A-7-801(4)(a);
1756          (iv) provide the candidate with a copy of the pledge of fair campaign practices
1757     described under Section 20A-9-206 and inform the candidate that:
1758          (A) signing the pledge is voluntary; and
1759          (B) signed pledges shall be filed with the filing officer; and
1760          (v) accept the declaration of candidacy or nomination petition.
1761          (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
1762     officer shall:
1763          (i) accept the candidate's pledge; and
1764          (ii) if the candidate has filed for a partisan office, provide a certified copy of the
1765     candidate's pledge to the chair of the county or state political party of which the candidate is a
1766     member.
1767          (4) Notwithstanding the requirement in Subsection (2)(a)(i) to file a declaration of
1768     candidacy in person, a person may designate an agent to file the form described in Subsection
1769     (5) in person with the city recorder or town clerk if:
1770          (a) the person is located outside the state during the filing period because:
1771          (i) of employment with the state or the United States; or
1772          (ii) the person is a member of:
1773          (A) the active or reserve components of the Army, Navy, Air Force, Marine Corps, or
1774     Coast Guard of the United States who is on active duty;
1775          (B) the Merchant Marine, the commissioned corps of the Public Health Service, or the
1776     commissioned corps of the National Oceanic and Atmospheric Administration of the United
1777     States; or
1778          (C) the National Guard on activated status;
1779          (b) the person makes the declaration of candidacy described in Subsection (5) to a
1780     person qualified to administer an oath;
1781          (c) the person communicates with the city recorder or town clerk using an electronic
1782     device that allows the person and the city recorder or town clerk to see and hear each other; and
1783          (d) the person provides the city recorder or town clerk with an email address to which
1784     the filing officer may send the copies described in Subsection (3).
1785          (5) (a) The declaration of candidacy shall substantially comply with the following
1786     form:
1787          "I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
1788     County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
1789     registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
1790     the legal qualifications required of candidates for this office. I will file all campaign financial
1791     disclosure reports as required by law and I understand that failure to do so will result in my
1792     disqualification as a candidate for this office and removal of my name from the ballot. I
1793     request that my name be printed upon the applicable official ballots. (Signed)
1794     _______________
1795          Subscribed and sworn to (or affirmed) before me by ____ on this
1796     __________(month\day\year).
1797          (Signed) _______________ (Clerk or other officer qualified to administer oath)"
1798          (b) An agent designated to file a declaration of candidacy under Subsection (4) may not
1799     sign the form described in Subsection (5)(a).
1800          (6) (a) A registered voter may be nominated for municipal office by submitting a
1801     petition signed[, with a holographic signature,] by:
1802          (i) 25 residents of the municipality who are at least 18 years old; or
1803          (ii) 20% of the residents of the municipality who are at least 18 years old.
1804          (b) (i) The petition shall substantially conform to the following form:
1805     
"NOMINATION PETITION

1806          The undersigned residents of (name of municipality) being 18 years old or older
1807     nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
1808     applicable)."
1809          (ii) (A) [The] If the registered voter described in Subsection (6)(a) collects holographic
1810     signatures, the remainder of the petition shall contain lines and columns for the signatures of
1811     persons signing the petition and their addresses and telephone numbers.
1812          (B) If the registered voter described in Subsection (6)(a) collects electronic signatures,
1813     the remainder of the petition shall contain an electronic form in which an individual who signs
1814     the petition may submit the individual's name, address, and telephone number, and the
1815     individual's driver license number or state-issued identification card number as the individual's
1816     signature.
1817          (7) If the declaration of candidacy or nomination petition fails to state whether the
1818     nomination is for the two or four-year term, the clerk shall consider the nomination to be for
1819     the four-year term.
1820          (8) (a) The clerk shall verify with the county clerk that all candidates are registered
1821     voters.
1822          (b) Any candidate who is not registered to vote is disqualified and the clerk may not
1823     print the candidate's name on the ballot.
1824          (9) Immediately after expiration of the period for filing a declaration of candidacy, the
1825     clerk shall:
1826          (a) cause the names of the candidates as they will appear on the ballot to be published:
1827          (i) in at least two successive publications of a newspaper with general circulation in the
1828     municipality; and
1829          (ii) as required in Section 45-1-101; and
1830          (b) notify the lieutenant governor of the names of the candidates as they will appear on
1831     the ballot.
1832          (10) A declaration of candidacy or nomination petition filed under this section may not
1833     be amended after the expiration of the period for filing a declaration of candidacy.
1834          (11) (a) A declaration of candidacy or nomination petition filed under this section is
1835     valid unless a written objection is filed with the clerk within five days after the last day for
1836     filing.
1837          (b) If an objection is made, the clerk shall:
1838          (i) mail or personally deliver notice of the objection to the affected candidate
1839     immediately; and
1840          (ii) decide any objection within 48 hours after it is filed.
1841          (c) If the clerk sustains the objection, the candidate may correct the problem by
1842     amending the declaration or petition within three days after the objection is sustained or by
1843     filing a new declaration within three days after the objection is sustained.
1844          (d) (i) The clerk's decision upon objections to form is final.
1845          (ii) The clerk's decision upon substantive matters is reviewable by a district court if
1846     prompt application is made to the district court.
1847          (iii) The decision of the district court is final unless the Supreme Court, in the exercise
1848     of its discretion, agrees to review the lower court decision.
1849          (12) Any person who filed a declaration of candidacy and was nominated, and any
1850     person who was nominated by a nomination petition, may, any time up to 23 days before the
1851     election, withdraw the nomination by filing a written affidavit with the clerk.
1852          Section 30. Section 20A-9-404 is amended to read:
1853          20A-9-404. Municipal primary elections.
1854          (1) (a) Except as otherwise provided in this section, candidates for municipal office in
1855     all municipalities shall be nominated at a municipal primary election.
1856          (b) Municipal primary elections shall be held:
1857          (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
1858     Monday in the August before the regular municipal election; and
1859          (ii) whenever possible, at the same polling places as the regular municipal election.
1860          (2) If the number of candidates for a particular municipal office does not exceed twice
1861     the number of persons needed to fill that office, a primary election for that office may not be
1862     held and the candidates are considered nominated.
1863          (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
1864     of voters or delegates.
1865          (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
1866     election, any third, fourth, or fifth class city or town may exempt itself from a primary election
1867     by providing that the nomination of candidates for municipal office to be voted upon at a
1868     municipal election be nominated by a political party convention or committee.
1869          (ii) Any primary election exemption ordinance adopted under the authority of this
1870     subsection remains in effect until repealed by ordinance.
1871          (c) (i) A convention or committee may not nominate more than one group of
1872     candidates or have placed on the ballot more than one group of candidates for the municipal
1873     offices to be voted upon at the municipal election.
1874          (ii) A convention or committee may nominate a person who has been nominated by a
1875     different convention or committee.
1876          (iii) A political party may not have more than one group of candidates placed upon the
1877     ballot and may not group the same candidates on different tickets by the same party under a
1878     different name or emblem.
1879          (d) (i) The convention or committee shall prepare a certificate of nomination for each
1880     person nominated.
1881          (ii) The certificate of nomination shall:
1882          (A) contain the name of the office for which each person is nominated, the name, post
1883     office address, and, if in a city, the street number of residence and place of business, if any, of
1884     each person nominated;
1885          (B) designate in not more than five words the political party that the convention or
1886     committee represents;
1887          (C) contain a copy of the resolution passed at the convention that authorized the
1888     committee to make the nomination;
1889          (D) contain a statement certifying that the name of the candidate nominated by the
1890     political party will not appear on the ballot as a candidate for any other political party;
1891          (E) be signed by the presiding officer and secretary of the convention or committee;
1892     and
1893          (F) contain a statement identifying the residence and post office address of the
1894     presiding officer and secretary and certifying that the presiding officer and secretary were
1895     officers of the convention or committee and that the certificates are true to the best of their
1896     knowledge and belief.
1897          (iii) Certificates of nomination shall be filed with the clerk not later than 80 days
1898     before the municipal general election.
1899          (e) A committee appointed at a convention, if authorized by an enabling resolution,
1900     may also make nominations or fill vacancies in nominations made at a convention.
1901          (f) The election ballot shall substantially comply with the form prescribed in Title 20A,
1902     Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
1903     be included with the candidate's name.
1904          (4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the May 1
1905     that falls before the regular municipal election that:
1906          (i) exempts the city from the other methods of nominating candidates to municipal
1907     office provided in this section; and
1908          (ii) provides for a partisan primary election method of nominating candidates as
1909     provided in this Subsection (4).
1910          (b) (i) Any party that was a registered political party at the last regular general election
1911     or regular municipal election is a municipal political party under this section.
1912          (ii) Any political party may qualify as a municipal political party by presenting a
1913     petition to the city recorder that:
1914          (A) is signed[, with a holographic signature,] by registered voters within the
1915     municipality equal to at least 20% of the number of votes cast for all candidates for mayor in
1916     the last municipal election at which a mayor was elected;
1917          (B) is filed with the city recorder by May 31 of any odd-numbered year;
1918          (C) is substantially similar to the form of the signature sheets described in Section
1919     20A-7-303; and
1920          (D) contains the name of the municipal political party using not more than five words.
1921          (c) (i) If the number of candidates for a particular office does not exceed twice the
1922     number of offices to be filled at the regular municipal election, no partisan primary election for
1923     that office shall be held and the candidates are considered to be nominated.
1924          (ii) If the number of candidates for a particular office exceeds twice the number of
1925     offices to be filled at the regular municipal election, those candidates for municipal office shall
1926     be nominated at a partisan primary election.
1927          (d) The clerk shall ensure that:
1928          (i) the partisan municipal primary ballot is similar to the ballot forms required by
1929     Sections 20A-6-401 and 20A-6-401.1;
1930          (ii) the candidates for each municipal political party are listed in one or more columns
1931     under their party name and emblem;
1932          (iii) the names of candidates of all parties are printed on the same ballot, but under
1933     their party designation;
1934          (iv) every ballot is folded and perforated so as to separate the candidates of one party
1935     from those of the other parties and so as to enable the elector to separate the part of the ballot
1936     containing the names of the party of his choice from the remainder of the ballot; and
1937          (v) the side edges of all ballots are perforated so that the outside sections of the ballots,
1938     when detached, are similar in appearance to inside sections when detached.
1939          (e) After marking a municipal primary ballot, the voter shall:
1940          (i) detach the part of the ballot containing the names of the candidates of the party he
1941     has voted from the rest of the ballot;
1942          (ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
1943     and
1944          (iii) fold the remainder of the ballot containing the names of the candidates of the
1945     parties for whom the elector did not vote and deposit it in the blank ballot box.
1946          (f) Immediately after the canvass, the election judges shall, without examination,
1947     destroy the tickets deposited in the blank ballot box.
1948          Section 31. Section 20A-9-405 is amended to read:
1949          20A-9-405. Nomination petitions for regular primary elections.
1950          (1) This section shall apply to the form and circulation of nomination petitions for
1951     regular primary elections described in Subsection 20A-9-403(3)(a).
1952          (2) A candidate for elective office, and the agents of the candidate, may not circulate
1953     nomination petitions until the candidate has submitted a declaration of candidacy in accordance
1954     with Subsection 20A-9-202(1).
1955          (3) (a) [The nomination petitions] A nomination petition used to collect holographic
1956     signatures shall be in substantially the following form:
1957          [(a)] (i) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
1958          [(b)] (ii) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
1959     space above that line blank for purposes of binding;
1960          [(c)] (iii) the petition shall be headed by a caption stating the purpose of the petition
1961     and the name of the proposed candidate;
1962          [(d)] (iv) the petition shall feature the word "Warning" followed by the following
1963     statement in no less than eight-point[, single leaded] type: "It is a class A misdemeanor for
1964     [anyone] an individual to [knowingly] sign a certificate of nomination [signature sheet] petition
1965     with [any] a name other than the [person's] individual's own name, or to knowingly sign the
1966     individual's name more than once for the same candidate, or to sign a nomination petition if the
1967     [person] individual knows the individual is not [registered to vote in this state] a registered
1968     voter and does not intend to become registered to vote [in this state] before signatures are
1969     certified by a filing officer.";
1970          [(e)] (v) the petition shall feature 10 lines spaced one-half inch apart and consecutively
1971     numbered one through 10;
1972          [(f)] (vi) the signature portion of the petition shall be divided into columns headed by
1973     the following titles:
1974          [(i)] (A) Registered Voter's Printed Name;
1975          [(ii)] (B) Signature of Registered Voter;
1976          [(iii)] (C) Party Affiliation of Registered Voter;
1977          [(iv)] (D) Birth Date or Age (Optional);
1978          [(v)] (E) Street Address, City, Zip Code; and
1979          [(vi)] (F) Date of Signature; and
1980          (vii) the final page of the petition shall contain the statement described in Subsection
1981     (4).
1982          (b) A nomination petition used to collect electronic signatures shall be in electronic
1983     form and shall:
1984          (i) be headed by a caption stating the purpose of the petition and the name of the
1985     proposed candidate;
1986          (ii) feature the word "Warning" followed by the following statement in no less than
1987     eight-point type:
1988          "It is a class A misdemeanor for an individual to sign a nomination petition with a
1989     name, driver license number, or state-issued identification card number, other than the
1990     individual's own name, driver license number, or state-issued identification card number, or to
1991     knowingly sign a nomination petition more than once for the same candidate, or to sign a
1992     nomination petition when the individual knows the individual is not a registered voter and does
1993     not intend to become registered to vote before petition signatures are certified by a filing
1994     officer.";
1995          (iii) contain an electronic form containing the following:
1996          (A) a space titled "Registered Voter's Name";
1997          (B) a space titled "Signature of Registered Voter" in which an individual who signs the
1998     petition may submit the individual's driver license number or state-issued identification card
1999     number as the individual's signature;
2000          (C) immediately after the space described in Subsection (3)(b)(ii)(B), the following
2001     statement in not less than eight-point type:
2002          "Your electronic signature must be in the form of your current driver license number or
2003     state-issued identification card number. Submitting any other information as your electronic
2004     signature will result in the disqualification of your signature.";
2005          (D) a space titled "Party Affiliation of Registered Voter";
2006          (E) a space titled "Birth Date or Age (Optional)";
2007          (F) a space titled "Street Address";
2008          (G) a space titled "City";
2009          (H) a space titled "Zip Code"; and
2010          (I) a space titled "Date of Signature."
2011          (c) Before delivering a nomination petition to the appropriate filing officer as required
2012     under Subsection 20A-9-403(3), the sponsors of a nomination petition who collect electronic
2013     signatures shall print a completed nomination petition in substantially the same form as a
2014     nomination petition described in Subsection (3)(a), including the verification statement
2015     described in Subsection (4).
2016          [(g)] (d) [a] A photograph of the candidate may appear on [the] a nomination petition.
2017          (4) [If one or more nomination petitions are bound together, a page shall be bound to
2018     the nomination petition(s) that features] The final page of a nomination petition shall contain
2019     the following printed verification statement to be signed and dated by the petition circulator:
2020          "Verification
2021          State of Utah, County of ____
2022          I, ____, of ____, hereby state under that:
2023          I am a Utah resident and am at least 18 years [old] of age;
2024          [All the names that appear] Each signature that appears on the signature sheets bound to
2025     this page [were] was, to the best of my knowledge, signed by the [persons who professed to be
2026     the persons whose names appear on the signature sheets, and each of them signed the person's
2027     name on the signature sheets in my presence] individual who professed to be the individual
2028     whose name is associated with the signature;
2029          I believe that each individual has [printed and signed] submitted the [person's]
2030     individual's name [and written the person's], signature, and street address correctly, and that
2031     each signer is registered to vote in Utah or will register to vote in Utah before the [county clerk
2032     certifies the signatures on the signature sheet] certification of the petition names by the county
2033     clerk."
2034          (5) The lieutenant governor shall prepare and make public model nomination petition
2035     forms and associated instructions.
2036          (6) A nomination petition circulator must be at least18 years [old] of age and a resident
2037     of the state, but may affiliate with any political party.
2038          (7) It is unlawful for [any person] an individual to:
2039          (a) [knowingly] sign the nomination petition sheet described in Subsection (3) with:
2040          (i) [with any] a name other than the [person's] individual's own name; or
2041          (ii) a driver license number or state-issued identification card number other than the
2042     individual's own driver license number or state-issued identification card number;
2043          [(ii)] (b) knowingly sign a nomination petition more than once for the same candidate;
2044     [or]
2045          [(iii)] (c) sign a nomination petition if the [person] individual knows the individual is
2046     not [registered to vote in this state] a registered voter and does not intend to become registered
2047     to vote [in this state prior to] before 5 p.m. on the final day in March;
2048          [(b)] (d) sign the verification statement of a certificate of nomination signature sheet
2049     described in Subsection (4) if the [person] individual:
2050          (i) does not meet the residency requirements of Section 20A-2-105; or
2051          [(ii) has not witnessed the signing by those persons whose names appear on the
2052     certificate of nomination signature sheet; or]
2053          [(iii)] (ii) knows that [a person] an individual whose signature appears on the
2054     certificate of nomination signature sheet is not registered to vote in this state and does not
2055     intend to become registered to vote in this state before the certification of petition signatures by
2056     the appropriate filing officer;
2057          [(c)] (e) pay compensation to any person to sign a nomination petition; or
2058          [(d)] (f) pay compensation to any person to circulate a nomination petition, if the
2059     compensation is based directly on the number of signatures submitted to a filing officer rather
2060     than on the number of signatures verified or on some other basis.
2061          (8) Any person violating Subsection (7) is guilty of a class A misdemeanor.
2062          (9) [Withdrawal of petition signatures shall not be permitted] An individual may not
2063     withdraw the individual's signature from a petition.
2064          Section 32. Section 20A-9-502 is amended to read:
2065          20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification --
2066     Criminal penalty.
2067          (1) [The candidate shall:] A candidate for public office who does not wish to affiliate
2068     with a registered political party shall prepare a nomination petition in accordance with this
2069     section.
2070          (2) The first part of the nomination petition shall contain:
2071          (a) [prepare] a certificate of nomination in substantially the following form:
2072          "State of Utah, County of ______________________________________________
2073          I, ______________, declare my intention of becoming an unaffiliated candidate for the
2074     political group designated as ____ for the office of ____. I do solemnly swear that I can
2075     qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
2076     Street, in the city of ____, county of ____, state of ______, zip code ____, phone ____, and
2077     that I am providing, or have provided, the required number of [holographic] signatures of
2078     registered voters required by law; that as a candidate at the next election I will not knowingly
2079     violate any election or campaign law; I will file all campaign financial disclosure reports as
2080     required by law; and I understand that failure to do so will result in my disqualification as a
2081     candidate for this office and removal of my name from the ballot.
2082     
__________________________________________

2083     
Subscribed and sworn to before me this ______(month\day\year).

2084     
__________________________________________

2085     
Notary Public (or other officer

2086     
qualified to administer oaths)"; and

2087          (b) [bind signature sheets to the certificate that] the following statement directly under
2088     the statement described in Subsection (2)(a):
2089          "We, the undersigned citizens of Utah, seek to nominate __________ as a candidate for
2090     the office of ___________.
2091          Each signer says:
2092          I have personally signed this petition;
2093          I am registered to vote in Utah or intend to become registered to vote in Utah before the
2094     certification of signatures by the county clerk; and
2095          I have submitted my residence and post office address correctly after my name."
2096          (3) (a) A petition used to collect holographic signatures shall, after the statements
2097     described in Subsection (2), contain signature sheets that:
2098          (i) are printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2099          (ii) are ruled with a horizontal line 3/4 inch from the top, with the space above that line
2100     blank for the purpose of binding;
2101          (iii) contain the name of the proposed candidate and the words "Unaffiliated Candidate
2102     Certificate of Nomination Petition" [printed] directly below the horizontal line;
2103          (iv) contain the word "Warning" [printed] directly under the words described in
2104     Subsection [(1)(b)(iii)] (3)(a)(iii);
2105          (v) contain, to the right of the word "Warning," the following statement [printed] in not
2106     less than eight-point[, single leaded] type:
2107          "It is a class A misdemeanor for [anyone] an individual to [knowingly] sign a certificate
2108     of nomination [signature sheet] petition with [any] a name other than the [person's] individual's
2109     own name, or to knowingly sign the individual's name more than once for the same candidate,
2110     or to sign a certificate of nomination petition if the [person] individual knows the individual is
2111     not a registered [to vote in this state] voter and does not intend to become registered to vote [in
2112     this state] before the certification of the petition names by the county clerk [certifies the
2113     signatures].";
2114          [(vi) contain the following statement directly under the statement described in
2115     Subsection (1)(b)(v):]
2116          ["Each signer says:]
2117          [I have personally signed this petition with a holographic signature;]
2118          [I am registered to vote in Utah or intend to become registered to vote in Utah before
2119     the county clerk certifies my signature; and]
2120          [My street address is written correctly after my name.";]
2121          [(vii)] (vi) contain horizontally ruled lines, 3/8 inch apart under the statement described
2122     in Subsection [(1)(b)(vi)] (3)(a)(v); and
2123          (viii) [be] are vertically divided into columns as follows:
2124          (A) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
2125     headed with "For Office Use Only," and be subdivided with a light vertical line down the
2126     middle;
2127          (B) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
2128     Name (must be legible to be counted)";
2129          (C) the next column shall be 2-1/2 inches wide, headed "[Holographic] Signature of
2130     Registered Voter";
2131          (D) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
2132          (E) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
2133     Code"; and
2134          (F) at the bottom of the sheet, contain the following statement: "Birth date or age
2135     information is not required, but [it] may be used to verify your identity with voter registration
2136     records. If you choose not to provide [it] this information, your signature may not be certified
2137     as a valid signature if you change your address before petition signatures are certified or if the
2138     information you provide does not match your voter registration records."[; and]
2139          (b) (i) A petition used to collect electronic signatures shall contain an electronically
2140     accessible copy of the information described in Subsection (2).
2141          (ii) After the statement described in Subsection (2), a petition used to collect electronic
2142     signatures shall, after the statements described in Subsection (2), contain a signature sheet in
2143     electronic form that contains:
2144          (A) the name of the proposed candidate and the words "Unaffiliated Candidate
2145     Certificate of Nomination Petition" at the top of the form;
2146          (B) the word "Warning" directly under the words described in Subsection (3)(b)(ii)(A);
2147          (C) to the right of the word "Warning," the following statement in not less than
2148     eight-point type:
2149          "It is a class A misdemeanor for an individual to sign a nomination petition with a
2150     name, driver license number, or state-issued identification card number, other than the
2151     individual's own name, driver license number, or state-issued identification card number, or to
2152     knowingly sign a nomination petition more than once for the same candidate, or to sign a
2153     nomination petition when the individual knows the individual is not a registered voter and does
2154     not intend to become registered to vote before the certification of the petition names by the
2155     county clerk.";
2156          (D) a space titled "Registered Voter's Name";
2157          (E) a space titled "Signature of Registered Voter" for an individual signing the petition
2158     to submit the individual's driver license number or state-issued identification card number as
2159     the individual's signature;
2160          (F) immediately after the space described in Subsection (3)(b)(ii)(E), the following
2161     statement in not less than eight-point type:
2162          "Your electronic signature must be in the form of your current driver license number or
2163     state-issued identification card number. Submitting any other information as your electronic
2164     signature will result in the disqualification of your signature.";
2165          (G) a space titled "Birth Date or Age (Optional)";
2166          (H) immediately after the space described in Subsection (3)(b)(ii)(G), the following
2167     statement:
2168          "Birth date or age information is not required but may be used to verify your identity
2169     with voter registration records. If you choose not to provide this information, your signature
2170     may not be certified as a valid signature if you change your address before petition signatures
2171     are certified or if the information you provide does not match your voter registration records.";
2172          (I) a space titled "Street Address";
2173          (J) a space titled "City"; and
2174          (K) a space titled "Zip Code."
2175          (iii) A candidate who collects electronic signatures shall ensure that an individual
2176     views the information described in Subsection (2) before the individual signs the signature
2177     sheet.
2178          (iv) A candidate who collects electronic signatures shall file under Subsection (8) a
2179     printed version of the nomination petition with the county clerk by creating a packet that
2180     contains:
2181          (A) a cover sheet with the information described in Subsection (2);
2182          (B) signature sheets in substantially the same form as required by Subsection (3)(a) for
2183     a signature sheet used to collect holographic signatures; and
2184          (C) a final page containing the verification statement described in Subsection (4).
2185          [(c) bind a final page to one or more signature sheets that are bound together that
2186     contains, except as provided by Subsection (3),]
2187          (4) The final page of a nomination petition shall contain the following printed
2188     verification statement:
2189          "Verification
2190          State of Utah, County of ____
2191          I, _______________, of ____, hereby state that:
2192          I am a Utah resident and am at least 18 years [old] of age;
2193          [All the names that appear on the signature sheets bound to this page were signed by
2194     persons who professed to be the persons whose names appear on the signature sheets, and each
2195     of them signed the person's name on the signature sheets in my presence;]
2196          [I believe that each has printed and signed the person's name and written the person's
2197     street address correctly, and that each signer is registered to vote in Utah or will register to vote
2198     in Utah before the county clerk certifies the signatures on the signature sheet.] Each signature
2199     that appears in this packet was signed by an individual who professed to be the individual
2200     whose name is associated with the signature;
2201          I believe that each individual has submitted the individual's name, signed the petition,
2202     and submitted the individual's post office address and residence correctly, and that each signer
2203     is registered to vote in Utah or intends to become registered to vote in Utah before the
2204     certification of the petition names by the county clerk.
2205          ______________________________________________________________________
2206          (Signature)               (Residence Address)                    (Date)".
2207          [(2)] (5) An agent designated to file a certificate of nomination under Subsection
2208     20A-9-503(4) may not sign the [form] verification statement described in Subsection [(1)(a)]
2209     (4).
2210          [(3)] (6) (a) The candidate shall [circulate] ensure that an individual who circulates a
2211     signature sheet for the nomination petition [and ensure that the person in whose presence each
2212     signature sheet is signed]:
2213          (i) is at least 18 years [old] of age;
2214          (ii) except as provided by Subsection (3)(b), meets the residency requirements of
2215     Section 20A-2-105; and
2216          (iii) verifies each signature sheet by completing the verification [bound to one or more
2217     signature sheets that are bound together] statement described in Subsection (4).
2218          (b) A person who is not a resident may sign the verification [on] statement of a
2219     nomination petition for an unaffiliated candidate for the office of president of the United
2220     States.
2221          (c) A person may not sign the verification statement if the person signed a signature
2222     sheet bound to the verification statement.
2223          [(4)] (7) (a) It is unlawful for [any person] an individual to:
2224          (i) [knowingly sign a certificate of] sign a nomination [signature sheet] petition with:
2225          (A) [with any] a name other than the [person's] individual's own name; or
2226          (B) a driver license number or state-issued identification card number other than the
2227     individual's own driver license number or state-issued identification card number;
2228          [(B)] (ii) knowingly sign a nomination petition more than once for the same candidate;
2229     [or]
2230          [(C)] (iii) sign a nomination petition if the [person] individual knows the individual is
2231     not [registered to vote in this state] a registered voter and does not intend to become registered
2232     to vote [in this state] before the [county clerk certifies the signatures] certification of petition
2233     names by the county clerk; or
2234          [(ii)] (iv) sign the verification [of a certificate of] statement of a nomination [signature
2235     sheet] petition if the person:
2236          (A) except as provided by Subsection [(3)] (6)(b), does not meet the residency
2237     requirements of Section 20A-2-105; or
2238          [(B) has not witnessed the signing by those persons whose names appear on the
2239     certificate of nomination signature sheet; or]
2240          [(C)] (B) knows that [a person] an individual whose signature appears on the certificate
2241     of nomination signature sheet is not registered to vote in this state and does not intend to
2242     become registered to vote in this state.
2243          (b) [Any person] An individual violating this Subsection [(4)] (7) is guilty of a class A
2244     misdemeanor.
2245          [(5)] (8) (a) The candidate shall submit the petition and signature sheets to the county
2246     clerk for certification when the petition has been [completed] signed by:
2247          (i) at least 1,000 registered voters residing within the state when the nomination is for
2248     an office to be filled by the voters of the entire state; or
2249          (ii) [at least] when the nomination is for an office to be filled by the voters of any
2250     political subdivision, the lesser of at least:
2251          (A) 300 registered voters residing within [a] the political [division] subdivision; or
2252          (B) [at least] 5% of the registered voters residing within [a] the political [division,
2253     whichever is less, when the nomination is for an office to be filled by the voters of any political
2254     division smaller than the state] subdivision.
2255          (b) In reviewing the petition, the county clerk shall count and certify only those persons
2256     who [signed the petition with a holographic signature who]:
2257          (i) are registered voters within the political division that the candidate seeks to
2258     represent; and
2259          (ii) did not sign any other certificate of nomination for that office.
2260          (c) The candidate may supplement or amend the certificate of nomination at any time
2261     on or before the filing deadline.
2262          Section 33. Section 63G-2-202 is amended to read:
2263          63G-2-202. Access to private, controlled, and protected documents.
2264          (1) Upon request, and except as provided in Subsection (11)(a), a governmental entity
2265     shall disclose a private record to:
2266          (a) the subject of the record;
2267          (b) the parent or legal guardian of an unemancipated minor who is the subject of the
2268     record;
2269          (c) the legal guardian of a legally incapacitated individual who is the subject of the
2270     record;
2271          (d) any other individual who:
2272          (i) has a power of attorney from the subject of the record;
2273          (ii) submits a notarized release from the subject of the record or the individual's legal
2274     representative dated no more than 90 days before the date the request is made; or
2275          (iii) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
2276     health care provider, as defined in Section 26-33a-102, if releasing the record or information in
2277     the record is consistent with normal professional practice and medical ethics; or
2278          (e) any person to whom the record must be provided pursuant to:
2279          (i) court order as provided in Subsection (7); or
2280          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
2281     Powers.
2282          (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
2283          (i) a physician, psychologist, certified social worker, insurance provider or producer, or
2284     a government public health agency upon submission of:
2285          (A) a release from the subject of the record that is dated no more than 90 days prior to
2286     the date the request is made; and
2287          (B) a signed acknowledgment of the terms of disclosure of controlled information as
2288     provided by Subsection (2)(b); and
2289          (ii) any person to whom the record must be disclosed pursuant to:
2290          (A) a court order as provided in Subsection (7); or
2291          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
2292     Powers.
2293          (b) A person who receives a record from a governmental entity in accordance with
2294     Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
2295     including the subject of the record.
2296          (3) If there is more than one subject of a private or controlled record, the portion of the
2297     record that pertains to another subject shall be segregated from the portion that the requester is
2298     entitled to inspect.
2299          (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
2300     entity shall disclose a protected record to:
2301          (a) the person that submitted the record;
2302          (b) any other individual who:
2303          (i) has a power of attorney from all persons, governmental entities, or political
2304     subdivisions whose interests were sought to be protected by the protected classification; or
2305          (ii) submits a notarized release from all persons, governmental entities, or political
2306     subdivisions whose interests were sought to be protected by the protected classification or from
2307     their legal representatives dated no more than 90 days prior to the date the request is made;
2308          (c) any person to whom the record must be provided pursuant to:
2309          (i) a court order as provided in Subsection (7); or
2310          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
2311     Powers; or
2312          (d) the owner of a mobile home park, subject to the conditions of Subsection
2313     41-1a-116(5).
2314          (5) A governmental entity may disclose a private, controlled, or protected record to
2315     another governmental entity, political subdivision, state, the United States, or a foreign
2316     government only as provided by Section 63G-2-206.
2317          (6) Before releasing a private, controlled, or protected record, the governmental entity
2318     shall obtain evidence of the requester's identity.
2319          (7) A governmental entity shall disclose a record pursuant to the terms of a court order
2320     signed by a judge from a court of competent jurisdiction, provided that:
2321          (a) the record deals with a matter in controversy over which the court has jurisdiction;
2322          (b) the court has considered the merits of the request for access to the record;
2323          (c) the court has considered and, where appropriate, limited the requester's use and
2324     further disclosure of the record in order to protect:
2325          (i) privacy interests in the case of private or controlled records;
2326          (ii) business confidentiality interests in the case of records protected under Subsection
2327     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
2328          (iii) privacy interests or the public interest in the case of other protected records;
2329          (d) to the extent the record is properly classified private, controlled, or protected, the
2330     interests favoring access, considering limitations thereon, are greater than or equal to the
2331     interests favoring restriction of access; and
2332          (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
2333     63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
2334          (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
2335     authorize disclosure of private or controlled records for research purposes if the governmental
2336     entity:
2337          (i) determines that the research purpose cannot reasonably be accomplished without
2338     use or disclosure of the information to the researcher in individually identifiable form;
2339          (ii) determines that:
2340          (A) the proposed research is bona fide; and
2341          (B) the value of the research is greater than or equal to the infringement upon personal
2342     privacy;
2343          (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
2344     the records; and
2345          (B) requires the removal or destruction of the individual identifiers associated with the
2346     records as soon as the purpose of the research project has been accomplished;
2347          (iv) prohibits the researcher from:
2348          (A) disclosing the record in individually identifiable form, except as provided in
2349     Subsection (8)(b); or
2350          (B) using the record for purposes other than the research approved by the governmental
2351     entity; and
2352          (v) secures from the researcher a written statement of the researcher's understanding of
2353     and agreement to the conditions of this Subsection (8) and the researcher's understanding that
2354     violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
2355     under Section 63G-2-801.
2356          (b) A researcher may disclose a record in individually identifiable form if the record is
2357     disclosed for the purpose of auditing or evaluating the research program and no subsequent use
2358     or disclosure of the record in individually identifiable form will be made by the auditor or
2359     evaluator except as provided by this section.
2360          (c) A governmental entity may require indemnification as a condition of permitting
2361     research under this Subsection (8).
2362          (d) A governmental entity may not disclose or authorize disclosure of a private record
2363     for research purposes as described in this Subsection (8) if the private record is a record
2364     described in Subsection 63G-2-302(1)[(u)](v).
2365          (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
2366     may disclose to persons other than those specified in this section records that are:
2367          (i) private under Section 63G-2-302; or
2368          (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
2369     business confidentiality has been made under Section 63G-2-309.
2370          (b) Under Subsection 63G-2-403(11)(b), the records committee may require the
2371     disclosure to persons other than those specified in this section of records that are:
2372          (i) private under Section 63G-2-302;
2373          (ii) controlled under Section 63G-2-304; or
2374          (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
2375     business confidentiality has been made under Section 63G-2-309.
2376          (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
2377     that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
2378     under Section 63G-2-305 to persons other than those specified in this section.
2379          (10) A record contained in the Management Information System, created in Section
2380     62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
2381     disclosed to any person except the person who is alleged in the report to be a perpetrator of
2382     abuse, neglect, or dependency.
2383          (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
2384     disclosed as provided in Subsection (1)(e).
2385          (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
2386     as provided in Subsection (4)(c) or Section 62A-3-312.
2387          (12) (a) A private, protected, or controlled record described in Section 62A-16-301
2388     shall be disclosed as required under:
2389          (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
2390          (ii) Subsections 62A-16-302(1) and (6).
2391          (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
2392     protected, or controlled.
2393          Section 34. Section 63G-2-301 is amended to read:
2394          63G-2-301. Public records.
2395          (1) As used in this section:
2396          (a) "Business address" means a single address of a governmental agency designated for
2397     the public to contact an employee or officer of the governmental agency.
2398          (b) "Business email address" means a single email address of a governmental agency
2399     designated for the public to contact an employee or officer of the governmental agency.
2400          (c) "Business telephone number" means a single telephone number of a governmental
2401     agency designated for the public to contact an employee or officer of the governmental agency.
2402          (2) The following records are public except to the extent they contain information
2403     expressly permitted to be treated confidentially under the provisions of Subsections
2404     63G-2-201(3)(b) and (6)(a):
2405          (a) laws;
2406          (b) the name, gender, gross compensation, job title, job description, business address,
2407     business email address, business telephone number, number of hours worked per pay period,
2408     dates of employment, and relevant education, previous employment, and similar job
2409     qualifications of a current or former employee or officer of the governmental entity, excluding:
2410          (i) undercover law enforcement personnel; and
2411          (ii) investigative personnel if disclosure could reasonably be expected to impair the
2412     effectiveness of investigations or endanger any individual's safety;
2413          (c) final opinions, including concurring and dissenting opinions, and orders that are
2414     made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
2415     that if the proceedings were properly closed to the public, the opinion and order may be
2416     withheld to the extent that they contain information that is private, controlled, or protected;
2417          (d) final interpretations of statutes or rules by a governmental entity unless classified as
2418     protected as provided in Subsection 63G-2-305(17) or (18);
2419          (e) information contained in or compiled from a transcript, minutes, or report of the
2420     open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
2421     and Public Meetings Act, including the records of all votes of each member of the
2422     governmental entity;
2423          (f) judicial records unless a court orders the records to be restricted under the rules of
2424     civil or criminal procedure or unless the records are private under this chapter;
2425          (g) unless otherwise classified as private under Section 63G-2-303, records or parts of
2426     records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
2427     commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
2428     Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
2429     other governmental entities that give public notice of:
2430          (i) titles or encumbrances to real property;
2431          (ii) restrictions on the use of real property;
2432          (iii) the capacity of persons to take or convey title to real property; or
2433          (iv) tax status for real and personal property;
2434          (h) records of the Department of Commerce that evidence incorporations, mergers,
2435     name changes, and uniform commercial code filings;
2436          (i) data on individuals that would otherwise be private under this chapter if the
2437     individual who is the subject of the record has given the governmental entity written
2438     permission to make the records available to the public;
2439          (j) documentation of the compensation that a governmental entity pays to a contractor
2440     or private provider;
2441          (k) summary data;
2442          (l) voter registration records, including an individual's voting history, except for a voter
2443     registration record or those parts of a voter registration record that are classified as private
2444     under Subsection 63G-2-302(1)(j) or (k);
2445          (m) for an elected official, as defined in Section 11-47-102, a telephone number, if
2446     available, and email address, if available, where that elected official may be reached as required
2447     in Title 11, Chapter 47, Access to Elected Officials;
2448          (n) for a school community council member, a telephone number, if available, and
2449     email address, if available, where that elected official may be reached directly as required in
2450     Section 53A-1a-108.1;
2451          (o) annual audited financial statements of the Utah Educational Savings Plan described
2452     in Section 53B-8a-111; and
2453          (p) except as provided in Subsection 63G-2-302(1)(l), an initiative packet, as defined
2454     in Section 20A-7-101, and a referendum packet, as defined in Section 20A-7-101, after the
2455     packet is submitted to a county clerk.
2456          (3) The following records are normally public, but to the extent that a record is
2457     expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
2458     Section 63G-2-302, 63G-2-304, or 63G-2-305:
2459          (a) administrative staff manuals, instructions to staff, and statements of policy;
2460          (b) records documenting a contractor's or private provider's compliance with the terms
2461     of a contract with a governmental entity;
2462          (c) records documenting the services provided by a contractor or a private provider to
2463     the extent the records would be public if prepared by the governmental entity;
2464          (d) contracts entered into by a governmental entity;
2465          (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
2466     by a governmental entity;
2467          (f) records relating to government assistance or incentives publicly disclosed,
2468     contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
2469     business in Utah, except as provided in Subsection 63G-2-305(35);
2470          (g) chronological logs and initial contact reports;
2471          (h) correspondence by and with a governmental entity in which the governmental entity
2472     determines or states an opinion upon the rights of the state, a political subdivision, the public,
2473     or any person;
2474          (i) empirical data contained in drafts if:
2475          (i) the empirical data is not reasonably available to the requester elsewhere in similar
2476     form; and
2477          (ii) the governmental entity is given a reasonable opportunity to correct any errors or
2478     make nonsubstantive changes before release;
2479          (j) drafts that are circulated to anyone other than:
2480          (i) a governmental entity;
2481          (ii) a political subdivision;
2482          (iii) a federal agency if the governmental entity and the federal agency are jointly
2483     responsible for implementation of a program or project that has been legislatively approved;
2484          (iv) a government-managed corporation; or
2485          (v) a contractor or private provider;
2486          (k) drafts that have never been finalized but were relied upon by the governmental
2487     entity in carrying out action or policy;
2488          (l) original data in a computer program if the governmental entity chooses not to
2489     disclose the program;
2490          (m) arrest warrants after issuance, except that, for good cause, a court may order
2491     restricted access to arrest warrants prior to service;
2492          (n) search warrants after execution and filing of the return, except that a court, for good
2493     cause, may order restricted access to search warrants prior to trial;
2494          (o) records that would disclose information relating to formal charges or disciplinary
2495     actions against a past or present governmental entity employee if:
2496          (i) the disciplinary action has been completed and all time periods for administrative
2497     appeal have expired; and
2498          (ii) the charges on which the disciplinary action was based were sustained;
2499          (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
2500     and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
2501     evidence mineral production on government lands;
2502          (q) final audit reports;
2503          (r) occupational and professional licenses;
2504          (s) business licenses; and
2505          (t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
2506     records used to initiate proceedings for discipline or sanctions against persons regulated by a
2507     governmental entity, but not including records that initiate employee discipline.
2508          (4) The list of public records in this section is not exhaustive and should not be used to
2509     limit access to records.
2510          Section 35. Section 63G-2-302 is amended to read:
2511          63G-2-302. Private records.
2512          (1) The following records are private:
2513          (a) records concerning an individual's eligibility for unemployment insurance benefits,
2514     social services, welfare benefits, or the determination of benefit levels;
2515          (b) records containing data on individuals describing medical history, diagnosis,
2516     condition, treatment, evaluation, or similar medical data;
2517          (c) records of publicly funded libraries that when examined alone or with other records
2518     identify a patron;
2519          (d) records received by or generated by or for:
2520          (i) the Independent Legislative Ethics Commission, except for:
2521          (A) the commission's summary data report that is required under legislative rule; and
2522          (B) any other document that is classified as public under legislative rule; or
2523          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
2524     unless the record is classified as public under legislative rule;
2525          (e) records received by, or generated by or for, the Independent Executive Branch
2526     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
2527     of Executive Branch Ethics Complaints;
2528          (f) records received or generated for a Senate confirmation committee concerning
2529     character, professional competence, or physical or mental health of an individual:
2530          (i) if, prior to the meeting, the chair of the committee determines release of the records:
2531          (A) reasonably could be expected to interfere with the investigation undertaken by the
2532     committee; or
2533          (B) would create a danger of depriving a person of a right to a fair proceeding or
2534     impartial hearing; and
2535          (ii) after the meeting, if the meeting was closed to the public;
2536          (g) employment records concerning a current or former employee of, or applicant for
2537     employment with, a governmental entity that would disclose that individual's home address,
2538     home telephone number, social security number, insurance coverage, marital status, or payroll
2539     deductions;
2540          (h) records or parts of records under Section 63G-2-303 that a current or former
2541     employee identifies as private according to the requirements of that section;
2542          (i) that part of a record indicating a person's social security number or federal employer
2543     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
2544     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
2545          (j) that part of a voter registration record identifying a voter's:
2546          (i) driver license or identification card number;
2547          (ii) social security number, or last four digits of the social security number;
2548          (iii) email address; or
2549          (iv) date of birth;
2550          (k) a voter registration record that is classified as a private record by the lieutenant
2551     governor or a county clerk under Subsection 20A-2-104(4)(f) or 20A-2-101.1(5)(a);
2552          (l) that part of a petition that contains an individual's driver license number or
2553     state-issued identification card number in a petition to:
2554          (i) qualify a ballot proposition for the ballot under Title 20A, Chapter 7, Issues
2555     Submitted to the Voters;
2556          (ii) organize and register a political party under Title 20A, Chapter 8, Political Party
2557     Formation and Procedures; or
2558          (iii) qualify a candidate for the ballot under Title 20A, Chapter 9, Candidate
2559     Qualifications and Nominating Procedures;
2560          [(l)] (m) a record that:
2561          (i) contains information about an individual;
2562          (ii) is voluntarily provided by the individual; and
2563          (iii) goes into an electronic database that:
2564          (A) is designated by and administered under the authority of the Chief Information
2565     Officer; and
2566          (B) acts as a repository of information about the individual that can be electronically
2567     retrieved and used to facilitate the individual's online interaction with a state agency;
2568          [(m)] (n) information provided to the Commissioner of Insurance under:
2569          (i) Subsection 31A-23a-115(2)(a);
2570          (ii) Subsection 31A-23a-302(3); or
2571          (iii) Subsection 31A-26-210(3);
2572          [(n)] (o) information obtained through a criminal background check under Title 11,
2573     Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
2574          [(o)] (p) information provided by an offender that is:
2575          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
2576     Offender Registry; and
2577          (ii) not required to be made available to the public under Subsection 77-41-110(4);
2578          [(p)] (q) a statement and any supporting documentation filed with the attorney general
2579     in accordance with Section 34-45-107, if the federal law or action supporting the filing
2580     involves homeland security;
2581          [(q)] (r) electronic toll collection customer account information received or collected
2582     under Section 72-6-118 and customer information described in Section 17B-2a-815 received or
2583     collected by a public transit district, including contact and payment information and customer
2584     travel data;
2585          [(r)] (s) an email address provided by a military or overseas voter under Section
2586     20A-16-501;
2587          [(s)] (t) a completed military-overseas ballot that is electronically transmitted under
2588     Title 20A, Chapter 16, Uniform Military and Overseas Voters Act;
2589          [(t)] (u) records received by or generated by or for the Political Subdivisions Ethics
2590     Review Commission established in Section 11-49-201, except for:
2591          (i) the commission's summary data report that is required in Section 11-49-202; and
2592          (ii) any other document that is classified as public in accordance with Title 11, Chapter
2593     49, Political Subdivisions Ethics Review Commission;
2594          [(u)] (v) a record described in Subsection 53A-11a-203(3) that verifies that a parent
2595     was notified of an incident or threat; and
2596          [(v)] (w) a criminal background check or credit history report conducted in accordance
2597     with Section 63A-3-201.
2598          (2) The following records are private if properly classified by a governmental entity:
2599          (a) records concerning a current or former employee of, or applicant for employment
2600     with a governmental entity, including performance evaluations and personal status information
2601     such as race, religion, or disabilities, but not including records that are public under Subsection
2602     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
2603          (b) records describing an individual's finances, except that the following are public:
2604          (i) records described in Subsection 63G-2-301(2);
2605          (ii) information provided to the governmental entity for the purpose of complying with
2606     a financial assurance requirement; or
2607          (iii) records that must be disclosed in accordance with another statute;
2608          (c) records of independent state agencies if the disclosure of those records would
2609     conflict with the fiduciary obligations of the agency;
2610          (d) other records containing data on individuals the disclosure of which constitutes a
2611     clearly unwarranted invasion of personal privacy;
2612          (e) records provided by the United States or by a government entity outside the state
2613     that are given with the requirement that the records be managed as private records, if the
2614     providing entity states in writing that the record would not be subject to public disclosure if
2615     retained by it;
2616          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
2617     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
2618     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
2619          (g) audio and video recordings created by a body-worn camera, as defined in Section
2620     77-7a-103, that record sound or images inside a home or residence except for recordings that:
2621          (i) depict the commission of an alleged crime;
2622          (ii) record any encounter between a law enforcement officer and a person that results in
2623     death or bodily injury, or includes an instance when an officer fires a weapon;
2624          (iii) record any encounter that is the subject of a complaint or a legal proceeding
2625     against a law enforcement officer or law enforcement agency;
2626          (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
2627     or
2628          (v) have been requested for reclassification as a public record by a subject or
2629     authorized agent of a subject featured in the recording.
2630          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
2631     records, statements, history, diagnosis, condition, treatment, and evaluation.
2632          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
2633     doctors, or affiliated entities are not private records or controlled records under Section
2634     63G-2-304 when the records are sought:
2635          (i) in connection with any legal or administrative proceeding in which the patient's
2636     physical, mental, or emotional condition is an element of any claim or defense; or
2637          (ii) after a patient's death, in any legal or administrative proceeding in which any party
2638     relies upon the condition as an element of the claim or defense.
2639          (c) Medical records are subject to production in a legal or administrative proceeding
2640     according to state or federal statutes or rules of procedure and evidence as if the medical
2641     records were in the possession of a nongovernmental medical care provider.




Legislative Review Note
Office of Legislative Research and General Counsel