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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 [
70
71 (1) An electronic signature may [
72 [
73 the Voters;
74 [
75 Formation and Procedures; or
76 [
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 [
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 [
139 (20) (a) "Signature" means a holographic signature or an electronic signature.
140 [
141 (21) "Signature [
142 the form required by this chapter that [
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 [
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 [
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) [
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 [
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 [
176
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 [
179
180 signature sheet under the title of the initiative;
181 (e) contain the word "Warning" [
182 sheet under the initial fiscal impact estimate's summary statement;
183 (f) contain, to the right of the word "Warning," the following statement [
184
185 "It is a class A misdemeanor for [
186 petition with [
187 knowingly [
188 an initiative petition when [
189 voter and [
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 [
205
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[
210 records. If you choose not to provide [
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 [
214
215 [
216 [
217 [
218 [
219 [
220
221 [
222
223
224 [
225
226 [
227 [
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) [
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[
274 (b) a copy of the proposed law, including any change submitted under Subsection
275 20A-7-204.1(4); and
276 [
277 [
278 [
279
280 [
281
282 [
283
284 [
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[
290 (C) no more than 50 printed signature sheets [
291
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 [
297 signature sheets to each initiative packet.
298 [
299 packets, [
300 [
301 [
302 packet to the sponsors within five [
303 governor receives the initiative packet; and
304 [
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 [
323 (2) (a) The sponsors of an initiative petition shall [
324
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 [
343 Section 20A-2-105; and
344 [
345 verification [
346 initiative packet.
347 (b) A person may not sign the verification [
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) [
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 [
388 a signer is a registered voter:
389 (a) [
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[
394
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)[
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)[
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 [
420 Section 7. Section 20A-7-207 is amended to read:
421 20A-7-207. Evaluation by the lieutenant governor.
422 (1) [
423 holographic signatures from a county clerk, the lieutenant governor shall [
424 record the number [
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 [
461 (a) sign [
462 (i) a name other than the [
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 [
467 same measure at one election;
468 (c) sign an initiative petition knowing the [
469 (d) knowingly and willfully violate any provision of this part.
470 (2) It is unlawful for [
471 initiative packet knowing that:
472 (a) the [
473 20A-2-105; or
474 [
475
476 [
477 (b) an individual whose signature appears in the initiative packet [
478 (i) is not registered to vote [
479 (ii) does not intend to become registered to vote [
480 petition names by the county clerk.
481 (3) It is unlawful for [
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) [
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 [
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 [
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) [
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" [
511 sheet under the title of the referendum;
512 (e) contain, to the right of the word "Warning," the following statement [
513
514 "It is a class A misdemeanor for [
515 petition with [
516 knowingly [
517 a referendum petition when [
518 voter and [
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 [
536
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[
541 records. If you choose not to provide [
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 [
545
546 [
547 [
548 [
549 [
550 [
551
552 [
553
554
555 [
556 [
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) [
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) [
598 (b) [
599 [
600 [
601
602 [
603
604 [
605
606 [
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[
612 (C) no more than 50 printed signature sheets [
613
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 [
619 signature sheets to each referendum packet.
620 [
621 packets, [
622 governor.
623 [
624 [
625 referendum packet to the sponsors within five [
626 the lieutenant governor receives the referendum packet; and
627 [
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 [
646 (2) (a) The sponsors of a referendum petition shall [
647
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 [
666 Section 20A-2-105; and
667 [
668 verification [
669 (b) A person may not sign the verification [
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) [
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 [
712 a signer is a registered voter:
713 (a) [
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[
718
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)[
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)[
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) [
747 holographic signatures from a county clerk, the lieutenant governor shall [
748 record the number [
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 [
780 (a) sign [
781 (i) a name other than the [
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 [
786 same measure at one election;
787 (c) sign a referendum petition knowing the [
788 (d) knowingly and willfully violate any provision of this part.
789 (2) It is unlawful for [
790 referendum packet knowing that:
791 (a) the [
792 20A-2-105; or
793 [
794
795 [
796 (b) an individual whose signature appears in the referendum packet [
797 (i) is not registered to vote [
798 (ii) does not intend to become registered to vote [
799 petition names by the county clerk.
800 (3) [
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 [
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 [
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) [
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 [
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 [
826
827 and distributing information related to the initiative petition [
828
829 signature sheet under the title of the initiative;
830 (e) contain the word "Warning" [
831 sheet under the initial fiscal impact estimate's summary statement;
832 (f) contain, to the right of the word "Warning," the following statement [
833
834 "It is a class A misdemeanor for [
835 petition with [
836 knowingly [
837 an initiative petition when [
838 voter and [
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 [
856
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[
861 records. If you choose not to provide [
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 [
865
866 [
867 [
868 [
869 [
870 [
871
872
873 [
874
875
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) [
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 [
926 [
927
928 [
929
930 [
931
932 [
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[
938 (C) no more than 50 printed signature sheets [
939
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 [
945 initiative packet.
946 [
947 packets, [
948 [
949 [
950 initiative packet to the sponsors within five [
951 which the local clerk receives the initiative packet; and
952 [
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) [
971 and resides in the local jurisdiction.
972 (2) (a) The sponsors of a local initiative petition shall [
973
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 [
992 Section 20A-2-105; and
993 [
994 verification [
995 initiative packet.
996 (b) A person may not sign the verification [
997 attached to the initiative packet if the person signed a signature sheet in the initiative packet.
998 (3) (a) (i) [
999 signature removed from the petition by submitting to the county clerk a notarized statement [
1000
1001 (ii) [
1002 the [
1003 15.
1004 (b) Upon receipt of the statement, the [
1005 the person submitting the statement from the initiative petition.
1006 (c) [
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 [
1029 a signer is a registered voter:
1030 (a) [
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[
1035
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) [
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)[
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) [
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)[
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) [
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) [
1064 holographic signatures from a county clerk, the local clerk shall [
1065
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 [
1099 (a) sign [
1100 (i) a name other than the [
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 [
1105 same measure at one election;
1106 (c) sign an initiative petition knowing the [
1107 (d) knowingly and willfully violate any provision of this part.
1108 (2) It is unlawful for [
1109 initiative packet knowing that:
1110 (a) the [
1111 20A-2-105; or
1112 [
1113
1114 [
1115 (b) an individual whose signature appears in the initiative packet [
1116 (i) is not registered to vote [
1117 (ii) does not intend to become registered to vote [
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 [
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 [
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) [
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" [
1144 sheet under the title of the referendum;
1145 (e) contain, to the right of the word "Warning," the following statement [
1146
1147 "It is a class A misdemeanor for an individual to sign a referendum petition with [
1148
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 [
1151
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 [
1169
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[
1173 records. If you choose not to provide [
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 [
1177
1178 [
1179 [
1180 [
1181 [
1182 [
1183
1184
1185 [
1186
1187
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) [
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) [
1232 (b) [
1233 [
1234 [
1235
1236 [
1237
1238 [
1239
1240 [
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[
1246 (C) no more than 50 printed signature sheets [
1247
1248 [
1249 signature sheets to each referendum packet.
1250 [
1251 packets, [
1252 [
1253 [
1254 the referendum packet to the sponsors within five [
1255 which the local clerk receives the referendum packet; and
1256 [
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) [
1275 and resides in the local jurisdiction.
1276 (2) (a) The sponsors of a local referendum petition shall [
1277
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 [
1296 Section 20A-2-105; and
1297 [
1298 verification [
1299 referendum packet.
1300 (b) A person may not sign the verification [
1301 attached to the referendum packet if the person signed a signature sheet in the referendum
1302 packet.
1303 (3) (a) [
1304 signature removed from the petition by submitting to the county clerk a notarized statement [
1305
1306 (b) Except as provided in Subsection (3)(c), upon receipt of the statement, the [
1307 county clerk shall remove the signature of the person submitting the statement from the
1308 referendum petition.
1309 (c) [
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 [
1332 a signer is a registered voter:
1333 (a) [
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[
1338
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)[
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)[
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) [
1367 holographic signatures from a county clerk, the local clerk shall [
1368
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 [
1404 (a) sign [
1405 (i) a name other than [
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 [
1410 measure at one election;
1411 (c) sign a referendum petition knowing [
1412 (d) knowingly and willfully violate any provision of this part.
1413 (2) It is unlawful for [
1414 referendum packet knowing that:
1415 (a) [
1416 or
1417 (b) [
1418
1419 signature appears in the referendum packet [
1420 (i) is not registered to vote [
1421 (ii) does not intend to become registered to vote [
1422 petition names by the county clerk.
1423 (3) [
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[
1434 each [
1435 holographic signatures and return the referendum packet to the sponsors within two [
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 [
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, [
1502
1503 able to perceive a difference between [
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[
1511
1512 regular general election will be held.
1513 (3) [
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 [
1535 [
1536 line blank for the purpose of binding;
1537 [
1538 Registration Petition" printed directly below the horizontal line;
1539 [
1540 Subsection [
1541 [
1542 in not less than eight-point[
1543 "It is a class A misdemeanor for [
1544 party registration petition [
1545 individual's own name, or to knowingly sign the individual's name more than once for the same
1546 party, or [
1547 the individual is not a registered [
1548 registered to vote [
1549 the lieutenant governor."; and
1550 [
1551
1552 [
1553
1554 [
1555
1556 [
1557 [
1558 [
1559
1560 [
1561 [
1562 [
1563 [
1564 wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
1565 the middle;
1566 [
1567 Printed Name (must be legible to be counted)";
1568 [
1569 of Registered Voter";
1570 [
1571 (Optional)";
1572 [
1573 Code"; and
1574 [
1575 or age information is not required[
1576 registration records. If you choose not to provide [
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 [
1580
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 [
1634 [
1635
1636
1637 [
1638
1639
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
1649 [
1650 [
1651
1652 [
1653
1654 [
1655
1656 [
1657
1658 signature sheet for the political party registration petition:
1659 (a) is at least 18 years [
1660 (b) meets the residency requirements of Section 20A-2-105; and
1661 (c) verifies [
1662
1663 signature sheet.
1664 [
1665 signature sheet bound to the verification statement.
1666 [
1667 (a) determine whether [
1668 of voters have signed the petition;
1669 (b) review the proposed name and emblem to determine if [
1670
1671 distinguishable; and
1672 (c) certify the lieutenant governor's findings to the filing officer described in
1673 Subsection (3)[
1674 the petition is filed.
1675 [
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)[
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 [
1684 regular general election cycle.
1685 [
1686 (i) [
1687 (A) [
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 [
1691 same political party; [
1692 [
1693 individual is not [
1694 become registered to vote [
1695 petition signatures by the the lieutenant governor; or
1696 [
1697 signature sheet if the [
1698 (A) does not meet the residency requirements of Section 20A-2-105; or
1699 [
1700
1701 [
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) [
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[
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
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) [
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[
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) [
1956 signatures shall be in substantially the following form:
1957 [
1958 [
1959 space above that line blank for purposes of binding;
1960 [
1961 and the name of the proposed candidate;
1962 [
1963 statement in no less than eight-point[
1964 [
1965 with [
1966 individual's name more than once for the same candidate, or to sign a nomination petition if the
1967 [
1968 voter and does not intend to become registered to vote [
1969 certified by a filing officer.";
1970 [
1971 numbered one through 10;
1972 [
1973 the following titles:
1974 [
1975 [
1976 [
1977 [
1978 [
1979 [
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 [
2017 (4) [
2018
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 [
2024 [
2025 this page [
2026
2027
2028 whose name is associated with the signature;
2029 I believe that each individual has [
2030 individual's name [
2031 each signer is registered to vote in Utah or will register to vote in Utah before the [
2032
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 [
2037 of the state, but may affiliate with any political party.
2038 (7) It is unlawful for [
2039 (a) [
2040 (i) [
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 [
2044 [
2045 [
2046 not [
2047 to vote [
2048 [
2049 described in Subsection (4) if the [
2050 (i) does not meet the residency requirements of Section 20A-2-105; or
2051 [
2052
2053 [
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 [
2058 [
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) [
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) [
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) [
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 [
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) [
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" [
2103 (iv) contain the word "Warning" [
2104 Subsection [
2105 (v) contain, to the right of the word "Warning," the following statement [
2106 less than eight-point[
2107 "It is a class A misdemeanor for [
2108 of nomination [
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 [
2111 not a registered [
2112
2113
2114 [
2115
2116 [
2117 [
2118 [
2119
2120 [
2121 [
2122 in Subsection [
2123 (viii) [
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 "[
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 [
2136 records. If you choose not to provide [
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."[
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 [
2186
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 [
2193 [
2194
2195
2196 [
2197
2198
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 [
2208 20A-9-503(4) may not sign the [
2209 (4).
2210 [
2211 signature sheet for the nomination petition [
2212
2213 (i) is at least 18 years [
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 [
2217
2218 (b) A person who is not a resident may sign the verification [
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 [
2224 (i) [
2225 (A) [
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 [
2229 [
2230 [
2231 not [
2232 to vote [
2233 names by the county clerk; or
2234 [
2235
2236 (A) except as provided by Subsection [
2237 requirements of Section 20A-2-105; or
2238 [
2239
2240 [
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) [
2244 misdemeanor.
2245 [
2246 clerk for certification when the petition has been [
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) [
2250 political subdivision, the lesser of at least:
2251 (A) 300 registered voters residing within [
2252 (B) [
2253
2254
2255 (b) In reviewing the petition, the county clerk shall count and certify only those persons
2256 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)[
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 [
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 [
2569 (i) Subsection 31A-23a-115(2)(a);
2570 (ii) Subsection 31A-23a-302(3); or
2571 (iii) Subsection 31A-26-210(3);
2572 [
2573 Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
2574 [
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 [
2579 in accordance with Section 34-45-107, if the federal law or action supporting the filing
2580 involves homeland security;
2581 [
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 [
2586 20A-16-501;
2587 [
2588 Title 20A, Chapter 16, Uniform Military and Overseas Voters Act;
2589 [
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 [
2595 was notified of an incident or threat; and
2596 [
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