Utah Legislature HB0145

1     CITIZEN POLITICAL PROCESS AMENDMENTS
2     2019 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Norman K. Thurston
5     Senate Sponsor: Curtis S. Bramble
6

7     LONG TITLE
8     General Description:
9          This bill amends initiative and referendum provisions and nomination petition
10     provisions.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies signature sheets for initiative and referendum petitions;
14          ▸     modifies the required contents of, and the deadline for submitting, a statement
15     requesting removal of a signature on an initiative or referendum petition;
16          ▸     requires initiative and referendum signature packets to be submitted, and the
17     signatures certified, on an ongoing basis during the signature-gathering process;
18          ▸     requires a county clerk to post the names of initiative and referendum petition
19     signers on the county's website;
20          ▸     modifies appeal provisions for an initiative or referendum petition that is declared
21     insufficient;
22          ▸     makes it a crime to knowingly place or verify a false signature date on an initiative
23     or referendum signature packet;
24          ▸     makes it a crime for a person to pay or accept payment in exchange for a person
25     signing a referendum petition or removing a person's signature from a referendum
26     petition;
27          ▸     modifies the deadline for a filing officer to verify candidate nomination signatures;
28     and
29          ▸     makes technical and conforming changes.

30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides coordination clauses.
34     Utah Code Sections Affected:
35     AMENDS:
36          20A-1-609, as last amended by Laws of Utah 2018, Chapter 19
37          20A-7-101, as last amended by Laws of Utah 2017, Chapter 291
38          20A-7-203, as last amended by Laws of Utah 2017, Chapter 291
39          20A-7-205, as last amended by Laws of Utah 2011, Chapter 17
40          20A-7-206, as last amended by Laws of Utah 2013, Chapter 231
41          20A-7-206.3, as last amended by Laws of Utah 2011, Chapter 17
42          20A-7-207, as last amended by Laws of Utah 2011, Chapter 17
43          20A-7-213, as last amended by Laws of Utah 2013, Chapter 253
44          20A-7-303, as last amended by Laws of Utah 2014, Chapter 329
45          20A-7-305, as last amended by Laws of Utah 2011, Chapter 17
46          20A-7-306, as last amended by Laws of Utah 2011, Chapter 17
47          20A-7-307, as last amended by Laws of Utah 2011, Chapter 17
48          20A-7-312, as last amended by Laws of Utah 2013, Chapter 253
49          20A-9-403, as last amended by Laws of Utah 2018, Chapter 80
50          20A-9-408, as last amended by Laws of Utah 2018, Chapter 11
51     Utah Code Sections Affected by Coordination Clause:
52          20A-7-205, as last amended by Laws of Utah 2011, Chapter 17
53          20A-7-206, as last amended by Laws of Utah 2013, Chapter 231
54          20A-7-207, as last amended by Laws of Utah 2011, Chapter 17
55          20A-7-305, as last amended by Laws of Utah 2011, Chapter 17
56          20A-7-306, as last amended by Laws of Utah 2011, Chapter 17
57

58     Be it enacted by the Legislature of the state of Utah:
59          Section 1. Section 20A-1-609 is amended to read:
60          20A-1-609. Omnibus penalties.
61          (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
62     this title is guilty of a class B misdemeanor.
63          (b) Subsection (1)(a) does not apply to a provision of this title for which another
64     penalty is expressly stated.
65          (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
66     referendum, falsely making the statement described in Subsection 20A-7-203(2)(e)(ii),
67     20A-7-303(2)(h)(ii), 20A-7-503(2)(e), or 20A-7-603(2)(h).
68          (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
69     convicted of any offense under this title may not:
70          (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
71     for any office during the election cycle in which the violation occurred;
72          (b) take or hold the office to which the individual was elected; and
73          (c) receive the emoluments of the office to which the individual was elected.
74          (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
75     at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
76     20A-2-101.5.
77          (b) Any person may challenge the right to vote of a person described in Subsection
78     (3)(a) by following the procedures and requirements of Section 20A-3-202.
79          Section 2. Section 20A-7-101 is amended to read:
80          20A-7-101. Definitions.
81          As used in this chapter:
82          (1) "Budget officer" means:
83          (a) for a county, the person designated as budget officer in Section 17-19a-203;
84          (b) for a city, the person designated as budget officer in Subsection 10-6-106(5);
85          (c) for a town, the town council; or

86          (d) for a metro township, the person described in Subsection (1)(a) for the county in
87     which the metro township is located.
88          (2) "Certified" means that the county clerk has acknowledged a signature as being the
89     signature of a registered voter.
90          (3) "Circulation" means the process of submitting an initiative or referendum petition
91     to legal voters for their signature.
92          (4) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
93     city, or town that is holding an election on a ballot proposition.
94          (5) "Final fiscal impact statement" means a financial statement prepared after voters
95     approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
96     20A-7-502.5(2).
97          (6) "Initial fiscal impact estimate" means:
98          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
99     application for an initiative petition; or
100          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
101     for an initiative or referendum petition.
102          (7) "Initiative" means a new law proposed for adoption by the public as provided in
103     this chapter.
104          (8) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
105     law, and the signature sheets, all of which have been bound together as a unit.
106          (9) "Legal signatures" means the number of signatures of legal voters that:
107          (a) meet the numerical requirements of this chapter; and
108          (b) have been certified and verified as provided in this chapter.
109          (10) "Legal voter" means a person who:
110          (a) is registered to vote; or
111          (b) becomes registered to vote before the county clerk certifies the signatures on an
112     initiative or referendum petition.
113          (11) "Local attorney" means the county attorney, city attorney, or town attorney in

114     whose jurisdiction a local initiative or referendum petition is circulated.
115          (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
116     jurisdiction a local initiative or referendum petition is circulated.
117          (13) (a) "Local law" includes:
118          (i) an ordinance;
119          (ii) a resolution;
120          (iii) a master plan;
121          (iv) a comprehensive zoning regulation adopted by ordinance or resolution; or
122          (v) other legislative action of a local legislative body.
123          (b) "Local law" does not include an individual property zoning decision.
124          (14) "Local legislative body" means the legislative body of a county, city, town, or
125     metro township.
126          (15) "Local obligation law" means a local law passed by the local legislative body
127     regarding a bond that was approved by a majority of qualified voters in an election.
128          (16) "Local tax law" means a law, passed by a political subdivision with an annual or
129     biannual calendar fiscal year, that increases a tax or imposes a new tax.
130          (17) "Measure" means a proposed constitutional amendment, an initiative, or
131     referendum.
132          (18) "Referendum" means a process by which a law passed by the Legislature or by a
133     local legislative body is submitted or referred to the voters for their approval or rejection.
134          (19) "Referendum packet" means a copy of the referendum petition, a copy of the law
135     being submitted or referred to the voters for their approval or rejection, and the signature
136     sheets, all of which have been bound together as a unit.
137          (20) (a) "Signature" means a holographic signature.
138          (b) "Signature" does not mean an electronic signature.
139          (21) "Signature sheets" means sheets in the form required by this chapter that are used
140     to collect signatures in support of an initiative or referendum.
141          (22) "Sponsors" means the legal voters who support the initiative or referendum and

142     who sign the application for petition copies.
143          [~~(23) "Sufficient" means that the signatures submitted in support of an initiative or~~
144     ~~referendum petition have been certified and verified as required by this chapter.~~]
145          [~~(24)~~] (23) "Tax percentage difference" means the difference between the tax rate
146     proposed by an initiative or an initiative petition and the current tax rate.
147          [~~(25)~~] (24) "Tax percentage increase" means a number calculated by dividing the tax
148     percentage difference by the current tax rate and rounding the result to the nearest thousandth.
149          [~~(26)~~] (25) "Verified" means acknowledged by the person circulating the petition as
150     required in Sections 20A-7-205 and 20A-7-305.
151          Section 3. Section 20A-7-203 is amended to read:
152          20A-7-203. Form of initiative petition and signature sheets.
153          (1) (a) Each proposed initiative petition shall be printed in substantially the following
154     form:
155          "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
156          We, the undersigned citizens of Utah, respectfully demand that the following proposed
157     law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
158     regular general election/session to be held/ beginning on _________(month\day\year);
159          Each signer says:
160          I have personally signed this petition;
161          I am registered to vote in Utah or intend to become registered to vote in Utah before the
162     certification of the petition names by the county clerk; and
163          My residence and post office address are written correctly after 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) If the initiative petition proposes a tax increase, the following statement shall
168     appear, in at least 14-point, bold type, immediately following the information described in
169     Subsection (1)(a):

170          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
171     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
172     percent increase in the current tax rate."
173          (c) The sponsors of an initiative shall attach a copy of the proposed law to each
174     initiative petition.
175          (2) Each signature sheet shall:
176          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
177          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
178     that line blank for the purpose of binding;
179          (c) contain the title of the initiative printed below the horizontal line, in at least
180     14-point, bold type;
181          (d) be vertically divided into columns as follows:
182          (i) the edge of the first column shall appear [at] .5 inch from the extreme left of the
183     sheet, be [~~five-eighths~~] .25 inch wide, and be headed, together with the second column, "For
184     Office Use Only[,]" [~~and be subdivided with a light vertical line down the middle with the left~~
185     ~~subdivision entitled "Registered" and the right subdivision left untitled~~];
186          (ii) the second column shall be .25 inch wide;
187          [~~(ii)~~] (iii) the [~~next~~] third column shall be [~~2-1/2~~] 2.5 inches wide, headed "Registered
188     Voter's Printed Name (must be legible to be counted)";
189          [~~(iii)~~] (iv) the [~~next~~] fourth column shall be [~~2-1/2~~] 2.5 inches wide, headed "Signature
190     of Registered Voter";
191          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
192          [~~(iv)~~] (vi) the [~~next~~] sixth column shall be [~~one inch~~] three inches wide, headed [~~"Birth~~
193     ~~Date or Age (Optional)"~~] "Street Address, City, Zip Code"; and
194          [~~(v)~~] (vii) the [~~final~~] seventh column shall be [~~4-3/8 inches~~] .75 inch wide, headed
195     [~~"Street Address, City, Zip Code"~~] "Birth Date or Age (Optional)";
196          [~~(e) spanning the sheet horizontally beneath each row on which a registered voter may~~
197     ~~submit the information described in Subsection (2)(d),~~]

198          (e) be horizontally divided into rows as follows:
199          (i) the top of the first row, for the purpose of entering the information described in
200     Subsection (2)(d), shall be .5 inch high;
201          (ii) the second row shall be .15 inch high and contain the following statement printed
202     or typed in not less than [~~eight~~] 12-point type:
203          "By signing this petition, you are stating that you have read and understand the law
204     proposed by this petition."; and
205          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
206     bottom of the sheet for the information described in Subsection (2)(f); and
207          (f) at the bottom of the sheet, contain in the following order:
208          (i) the title of the initiative, in at least 14-point, bold type;
209          (ii) the initial fiscal impact estimate's summary statement issued by the Governor's
210     Office of Management and Budget in accordance with Subsection 20A-7-202.5(2)(b),
211     including any update in accordance with Subsection 20A-7-204.1(4), and the cost estimate for
212     printing and distributing information related to the initiative petition in accordance with
213     Subsection 20A-7-202.5(3), in not less than 12-point, bold type;
214          (iii) the word "Warning," followed by the following statement in not less than
215     eight-point type:
216          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
217     other than the individual's own name, or to knowingly sign the individual's name more than
218     once for the same measure, or to sign an initiative petition when the individual knows that the
219     individual is not a registered voter and knows that the individual does not intend to become
220     registered to vote before the certification of the petition names by the county clerk.";
221          (iv) the following statement: "Birth date or age information is not required, but it may
222     be used to verify your identity with voter registration records. If you choose not to provide it,
223     your signature may not be verified as a valid signature if you change your address before
224     petition signatures are verified or if the information you provide does not match your voter
225     registration records."; and

226          (v) if the initiative petition proposes a tax increase, spanning the bottom of the sheet,
227     horizontally, in not less than 14-point, bold type, the following statement:
228          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
229     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
230     percent increase in the current tax rate."
231          (3) The final page of each initiative packet shall contain the following printed or typed
232     statement:
233          "Verification
234          State of Utah, County of ____
235          I, _______________, of ____, hereby state, under penalty of perjury, that:
236          I am a resident of Utah and am at least 18 years old;
237          All the names that appear in this packet were signed by individuals who professed to be
238     the individuals whose names appear in it, and each of the individuals signed the individual's
239     name on it in my presence;
240          I believe that each individual has printed and signed the individual's name and written
241     the individual's post office address and residence correctly, that each signer has read and
242     understands the law proposed by the initiative, and that each signer is registered to vote in Utah
243     or intends to become registered to vote before the certification of the petition names by the
244     county clerk.
245          Each individual who signed the packet wrote the correct date of signature next to the
246     individual's name.
247          I have not paid or given anything of value to any [~~person~~] individual who signed this
248     petition to encourage that [~~person~~] individual to sign it.
249     ________________________________________________________________________
250          (Name) (Residence Address) (Date)"
251          (4) [~~The forms prescribed in this section are not mandatory, and, if~~] If the forms
252     described in this section are substantially followed, the initiative petitions are sufficient,
253     notwithstanding clerical and merely technical errors.

254          Section 4. Section 20A-7-205 is amended to read:
255          20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
256          (1) A Utah voter may sign an initiative petition if the voter is a legal voter.
257          (2) (a) The sponsors shall ensure that the [~~person~~] individual in whose presence each
258     signature sheet was signed:
259          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
260     [~~and~~]
261          (ii) verifies each signature sheet by completing the verification printed on the last page
262     of each initiative packet[.]; and
263          (iii) is informed that each signer is required to read and understand the law proposed by
264     the initiative.
265          (b) A person may not sign the verification printed on the last page of the initiative
266     packet if the person signed a signature sheet in the initiative packet.
267          (3) (a) A voter who has signed an initiative petition may have the voter's signature
268     removed from the petition by submitting to the county clerk a statement requesting that the
269     voter's signature be removed[.] before 5 p.m. no later than the earlier of:
270          (i) for an initiative packet received by the county clerk before December 1:
271          (A) 30 days after the day on which the voter signs the signature removal statement; or
272          (B) 90 days after the day on which the county clerk posts the voter's name under
273     Subsection 20A-7-206(2)(c); or
274          (ii) for an initiative packet received by the county clerk on or after December 1:
275          (A) 30 days after the day on which the voter signs the signature removal statement; or
276          (B) 45 days after the day on which the county clerk posts the voter's name under
277     Subsection 20A-7-206(3)(c);
278          (b) (i) The statement shall include:
279          [~~(i)~~] (A) the name of the voter;
280          [~~(ii)~~] (B) the resident address at which the voter is registered to vote;
281          [~~(iii) the last four digits of the voter's Social Security number;~~]

282          [~~(iv) the driver license or identification card number; and~~]
283          [~~(v)~~] (C) the signature of the voter[.]; and
284          (D) the date of the signature described in Subsection (3)(b)(i)(C).
285          (ii) To increase the likelihood of the voter's signature being identified and removed, the
286     statement may include the voter's birth date or age.
287          (c) A voter may not submit a statement by email or other electronic means.
288          [~~(d) In order for the signature to be removed, the statement must be received by the~~
289     ~~county clerk before May 15.~~]
290          [~~(e) The county clerk shall deliver all statements received under this Subsection (3):~~]
291          [~~(i) with the initiative petition packets delivered to the lieutenant governor; or~~]
292          [~~(ii) in a supplemental delivery to the lieutenant governor for a statement submitted~~
293     ~~after the county clerk delivered the initiative packets.~~]
294          [~~(f)~~] (d) A person may only remove a signature from an initiative petition in
295     accordance with this Subsection (3).
296          (e) A county clerk shall analyze a signature, for purposes of removing a signature from
297     an initiative petition, in accordance with Section 20A-7-206.3.
298          Section 5. Section 20A-7-206 is amended to read:
299          20A-7-206. Submitting the initiative petition -- Certification of signatures by the
300     county clerks -- Transfer to lieutenant governor.
301          (1) (a) In order to qualify an initiative petition for placement on the regular general
302     election ballot, the sponsors shall deliver [~~each~~] a signed and verified initiative packet to the
303     county clerk of the county in which the packet was circulated [~~on or before the sooner~~] before 5
304     p.m. no later than the earlier of:
305          (i) 30 days after the day on which the first individual signs the initiative packet;
306          [~~(i)~~] (ii) 316 days after the day on which the application for the initiative petition is
307     filed; or
308          [~~(ii)~~] (iii) the [~~April~~] February 15 immediately before the next regular general election
309     immediately after the application is filed under Section 20A-7-202.

310          (b) A sponsor may not submit an initiative packet after the deadline [~~established~~]
311     described in [~~this~~] Subsection (1)(a).
312          (2) [~~(a) No later than May 1 before the regular general election,~~] For an initiative
313     packet received by the county clerk before December 1, the county clerk shall, within 30 days
314     after the day on which the county clerk receives the packet:
315          [~~(i) check the names of all persons completing the verification for the initiative packet~~
316     ~~to determine whether those persons are residents of Utah and are at least 18 years old; and~~]
317          [~~(ii) submit the name of each of those persons who is not a Utah resident or who is not~~
318     ~~at least 18 years old to the attorney general and county attorney.~~]
319          [~~(b) The county clerk may not certify a signature under Subsection (3) on an initiative~~
320     ~~packet that is not verified in accordance with Section 20A-7-205.~~]
321          [~~(3) No later than May 15 before the regular general election, the county clerk shall:~~]
322          (a) determine whether each signer is a registered voter according to the requirements of
323     Section 20A-7-206.3;
324          (b) certify on the petition whether each name is that of a registered voter; [~~and~~]
325          (c) post the name and voter identification number of each registered voter certified
326     under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
327     and
328          [~~(c)~~] (d) deliver [~~all of~~] the verified initiative [~~packets~~] packet to the lieutenant
329     governor.
330          [~~(4) Upon receipt of an initiative packet under Subsection (3) and any statement~~
331     ~~submitted under Subsection 20A-7-205(3), the lieutenant governor shall remove from the~~
332     ~~initiative petition a voter's signature if the voter has requested the removal in accordance with~~
333     ~~Subsection 20A-7-205(3).~~]
334          (3) For an initiative packet received by the county clerk on or after December 1, the
335     county clerk shall, within 21 days after the day on which the county clerk receives the packet:
336          (a) determine whether each signer is a registered voter according to the requirements of
337     Section 20A-7-206.3;

338          (b) certify on the petition whether each name is that of a registered voter;
339          (c) post the name and precinct of each registered voter certified under Subsection (2)(b)
340     in a conspicuous location on the county's website for at least 45 days; and
341          (d) deliver the verified initiative packet to the lieutenant governor.
342          (4) Within seven days after timely receipt of a statement described in Subsection
343     20A-7-205(3), the county clerk shall:
344          (a) remove the voter's signature from the posting described in Subsection (2)(e) or
345     (3)(e); and
346          (b) (i) remove the voter's signature from the signature packet totals; and
347          (ii) inform the lieutenant governor of the removal.
348          (5) The county clerk may not certify a signature under Subsection (2) or (3):
349          (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
350          (b) that does not have a date of signature next to the signature.
351          [~~(5)~~] (6) In order to qualify an initiative petition for submission to the Legislature, the
352     sponsors shall deliver each signed and verified initiative packet to the county clerk of the
353     county in which the packet was circulated [by] before 5 p.m. no later than the November 15
354     before the next annual general session of the Legislature immediately after the application is
355     filed under Section 20A-7-202.
356          [~~(6) (a) No later than December 1 before the annual general session of the Legislature,~~
357     ~~the county clerk shall:~~]
358          [~~(i) check the names of all persons completing the verification for the initiative packet~~
359     ~~to determine whether those persons are Utah residents and are at least 18 years old; and~~]
360          [~~(ii) submit the name of each of those persons who is not a Utah resident or who is not~~
361     ~~at least 18 years old to the attorney general and county attorney.~~]
362          [~~(b)~~] (7) The county clerk may not certify a signature under Subsection [~~(7)~~] (8) on an
363     initiative packet that is not verified in accordance with Section 20A-7-205.
364          [~~(7)~~] (8) No later than December 15 before the annual general session of the
365     Legislature, the county clerk shall, for an initiative described in Subsection (6):

366          (a) determine whether each signer is a registered voter according to the requirements of
367     Section 20A-7-206.3;
368          (b) certify on the petition whether each name is that of a registered voter; and
369          (c) deliver all of the verified initiative packets to the lieutenant governor.
370          [~~(8) The sponsor or their representatives may not retrieve initiative packets from the~~
371     ~~county clerks once they have submitted them.~~]
372          (9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
373     a county clerk after the initiative packet is submitted to the county clerk.
374          Section 6. Section 20A-7-206.3 is amended to read:
375          20A-7-206.3. Verification of petition signatures.
376          (1) [~~(a) For the purposes of~~] As used in this section[~~, "substantially~~]:
377          (a) "Substantially similar name" means:
378          (i) the given name and surname shown on the petition, or both, contain only minor
379     spelling differences when compared to the given name and surname shown on the official
380     register;
381          (ii) the surname shown on the petition exactly matches the surname shown on the
382     official register, and the given names differ only because one of the given names shown is a
383     commonly used abbreviation or variation of the other;
384          (iii) the surname shown on the petition exactly matches the surname shown on the
385     official register, and the given names differ only because one of the given names shown is
386     accompanied by a first or middle initial or a middle name which is not shown on the other
387     record; or
388          (iv) the surname shown on the petition exactly matches the surname shown on the
389     official register, and the given names differ only because one of the given names shown is an
390     alphabetically corresponding initial that has been provided in the place of a given name shown
391     on the other record.
392          (b) [~~For the purposes of this section, "substantially~~] "Substantially similar name" does
393     not [~~mean~~] include a name having an initial or a middle name shown on the petition that does

394     not match a different initial or middle name shown on the official register.
395          (2) The county clerk shall use the following procedures in determining whether [~~or not~~]
396     a signer is a registered voter:
397          (a) [~~When~~] if a signer's name and address shown on the petition exactly match a name
398     and address shown on the official register and the signer's signature appears substantially
399     similar to the signature on the statewide voter registration database, the county clerk shall
400     declare the signature valid[.];
401          (b) [~~When~~] if there is no exact match of an address and a name, the county clerk shall
402     declare the signature valid if:
403          (i) the address on the petition matches the address of [~~a person~~] an individual on the
404     official register with a substantially similar name; and
405          (ii) the signer's signature appears substantially similar to the signature on the statewide
406     voter registration database of the [~~person~~] individual described in Subsection (2)(b)(i)[.];
407          (c) [~~When~~] if there is no match of an address and a substantially similar name, the
408     county clerk shall declare the signature valid if:
409          (i) the birth date or age on the petition matches the birth date or age of [~~a person~~] an
410     individual on the official register with a substantially similar name; and
411          (ii) the signer's signature appears substantially similar to the signature on the statewide
412     voter registration database of the [~~person~~] individual described in Subsection (2)(c)(i)[.]; and
413          (d) [If] if a signature is not declared valid under Subsection (2)(a), [~~(2)~~](b), or [~~(2)~~](c),
414     the county clerk shall declare the signature to be invalid.
415          (3) The county clerk shall use the following procedures in determining whether to
416     remove a signature from a petition after receiving a timely, valid statement requesting removal
417     of the signature:
418          (a) if a signer's name and address shown on the statement and the petition exactly
419     match a name and address shown on the official register and the signer's signature on both the
420     statement and the petition appears substantially similar to the signature on the statewide voter
421     registration database, the county clerk shall remove the signature from the petition;

422          (b) if there is no exact match of an address and a name, the county clerk shall remove
423     the signature from the petition if:
424          (i) the address on the statement and the petition matches the address of an individual
425     on the official register with a substantially similar name; and
426          (ii) the signer's signature on both the statement and the petition appears substantially
427     similar to the signature on the statewide voter registration database of the individual described
428     in Subsection (3)(b)(i);
429          (c) if there is no match of an address and a substantially similar name, the county clerk
430     shall remove the signature from the petition if:
431          (i) the birth date or age on the statement and petition match the birth date or age of an
432     individual on the official register with a substantially similar name; and
433          (ii) the signer's signature on both the statement and the petition appears substantially
434     similar to the signature on the statewide voter registration database of the individual described
435     in Subsection (3)(c)(i); and
436          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
437     county clerk may not remove the signature from the petition.
438          Section 7. Section 20A-7-207 is amended to read:
439          20A-7-207. Evaluation by the lieutenant governor.
440          (1) When [~~each~~] an initiative packet is received from a county clerk, the lieutenant
441     governor shall check off from the record the number of [~~each~~] the initiative packet [~~filed~~]
442     received.
443          (2) (a) [~~After all of the initiative packets have been received by the lieutenant governor~~
444     ~~and the lieutenant governor has removed the signatures as required by Section 20A-7-206, the~~]
445     The lieutenant governor shall, within 14 days after the day on which the lieutenant governor
446     receives an initiative packet from a county clerk:
447          (i) count the number of the names certified by the county clerks [~~that remain~~] on each
448     verified signature sheet; and
449          (ii) update on the lieutenant governor's website the number of signatures certified as of

450     the date of the update.
451          [~~(ii)~~] (b) The lieutenant governor shall declare the petition to be sufficient or
452     insufficient [~~by June 1~~] on or before April 30 before the regular general election described in
453     Subsection 20A-7-201(2)(b).
454          [~~(b)~~] (c) If the total number of names [~~counted~~] certified under this Subsection
455     (2)[~~(a)(i)~~] equals or exceeds the number of names required [by] under Section 20A-7-201, and
456     the requirements of this part are met, the lieutenant governor shall mark upon the front of the
457     petition the word "sufficient."
458          [~~(c)~~] (d) If the total number of names [~~counted~~] certified under this Subsection
459     (2)[~~(a)(i)~~] does not equal or exceed the number of names required [by] under Section
460     20A-7-201 or a requirement of this part is not met, the lieutenant governor shall mark upon the
461     front of the petition the word "insufficient."
462          [~~(d)~~] (e) The lieutenant governor shall immediately notify any one of the sponsors of
463     the lieutenant governor's finding.
464          (3) [~~Once~~] After a petition is declared insufficient, the sponsors may not submit
465     additional signatures to qualify the petition for the ballot.
466          (4) (a) If the lieutenant governor refuses to accept and file [~~any~~] an initiative petition
467     that a sponsor believes is legally sufficient, any voter may, [~~by June~~] not later than May 15,
468     apply to the [~~supreme~~] appropriate court for an extraordinary writ to compel the lieutenant
469     governor to [~~do so~~] accept and file the initiative petition.
470          [~~(b) The supreme court shall:~~]
471          [~~(i) determine whether or not the initiative petition is legally sufficient; and~~]
472          [~~(ii) certify its findings to the lieutenant governor.~~]
473          [~~(c)~~] (b) If the [~~supreme~~] court certifies that the initiative petition is legally sufficient,
474     the lieutenant governor shall file [it] the initiative petition, with a verified copy of the judgment
475     attached to [it] the initiative petition, as of the date on which [it] the initiative petition was
476     originally offered for filing in the lieutenant governor's office.
477          [~~(d)~~] (c) If the [~~supreme~~] court determines that [~~any~~] a petition filed is not legally

478     sufficient, the [~~supreme~~] court may enjoin the lieutenant governor and all other officers from
479     certifying or printing the ballot title and numbers of that measure on the official ballot.
480          (5) A petition determined to be sufficient in accordance with this section is qualified
481     for the ballot.
482          Section 8. Section 20A-7-213 is amended to read:
483          20A-7-213. Misconduct of electors and officers -- Penalty.
484          (1) It is unlawful for any person to:
485          (a) sign any name other than the person's own to [~~any~~] an initiative petition or a
486     statement described in Subsection 20A-7-205(3);
487          (b) knowingly sign the person's name more than once for the same measure at one
488     election;
489          (c) knowingly indicate on an initiative packet that a person who signed the packet
490     signed the packet on a date other than the date that the person signed the packet;
491          [~~(c)~~] (d) sign an initiative knowing the person is not a legal voter; or
492          [~~(d)~~] (e) knowingly and willfully violate any provision of this part.
493          (2) It is unlawful for any person to sign the verification for an initiative packet knowing
494     that:
495          (a) the person does not meet the residency requirements of Section 20A-2-105;
496          (b) the signature date next to the person's name on the initiative packet is not the date
497     that the person signed the packet;
498          [~~(b)~~] (c) the person has not witnessed the signatures of those persons whose names
499     appear in the initiative packet; or
500          [~~(c)~~] (d) one or more persons whose signatures appear in the initiative packet is either:
501          (i) not registered to vote in Utah; or
502          (ii) does not intend to become registered to vote in Utah.
503          (3) It is unlawful for any person to:
504          (a) pay a person to sign an initiative petition;
505          (b) pay a person to remove the person's signature from an initiative petition;

506          (c) accept payment to sign an initiative petition; or
507          (d) accept payment to have the person's name removed from an initiative petition.
508          (4) Any person violating this section is guilty of a class A misdemeanor.
509          Section 9. Section 20A-7-303 is amended to read:
510          20A-7-303. Form of referendum petition and signature sheets.
511          (1) (a) Each proposed referendum petition shall be printed in substantially the
512     following form:
513          "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
514          We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
515     ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
516     the part or parts on which the referendum is sought), passed by the ____ Session of the
517     Legislature of the state of Utah, be referred to the people of Utah for their approval or rejection
518     at a regular general election or a statewide special election;
519          Each signer says:
520          I have personally signed this petition;
521          I am registered to vote in Utah or intend to become registered to vote in Utah before the
522     certification of the petition names by the county clerk; and
523          My residence and post office address are written correctly after my name."
524          (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
525     referendum to each referendum petition.
526          (2) Each signature sheet shall:
527          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
528          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
529     that line blank for the purpose of binding;
530          (c) contain the title of the referendum printed below the horizontal line, in at least
531     14-point, bold type;
532          (d) contain the word "Warning" printed or typed at the top of each signature sheet
533     under the title of the referendum;

534          (e) contain, to the right of the word "Warning," the following statement printed or
535     typed in not less than eight-point, single-leaded type:
536          "It is a class A misdemeanor for [~~anyone~~] an individual to sign [~~any~~] a referendum
537     petition with any other name than [~~his own~~] the individual's own name, or knowingly to sign
538     [~~his~~] the individual's name more than once for the same measure, or to sign a referendum
539     petition when [he] the individual knows [he] that the individual is not a registered voter and
540     knows that [he] the individual does not intend to become registered to vote before the
541     certification of the petition names by the county clerk.";
542          (f) contain horizontally ruled lines, three-eighths inch apart under the "Warning"
543     statement required by this section; and
544          (g) be vertically divided into columns as follows:
545          (i) the edge of the first column shall appear [at] .5 inch from the extreme left of the
546     sheet, be [~~five-eighths~~] .25 inch wide, and be headed, together with the second column, "For
547     Office Use Only[,]" [~~and be subdivided with a light vertical line down the middle~~];
548          (ii) the second column shall be .25 inch wide;
549          [~~(ii)~~] (iii) the [~~next~~] third column shall be [~~2-1/2~~] 2.5 inches wide, headed "Registered
550     Voter's Printed Name (must be legible to be counted)";
551          [~~(iii)~~] (iv) the [~~next~~] fourth column shall be [~~2-1/2~~] 2.5 inches wide, headed "Signature
552     of Registered Voter";
553          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
554          [~~(iv)~~] (vi) the [~~next~~] sixth column shall be [~~one inch~~] three inches wide, headed [~~"Birth~~
555     ~~Date or Age (Optional)"~~] "Street Address, City, Zip Code"; and
556          [~~(v)~~] (vii) the [~~final~~] seventh column shall be [~~4-3/8 inches~~] .75 inch wide, headed
557     [~~"Street Address, City, Zip Code";~~]"Birth Date or Age (Optional)";
558          (h) be horizontally divided into rows as follows:
559          (i) the top of the first row, for the purpose of entering the information described in
560     Subsection (2)(g), shall be .5 inch high;
561          [~~(h) spanning the sheet horizontally beneath each row on which a registered voter may~~

562     ~~submit the information described in Subsection (2)(g),~~]
563          (ii) the second row shall be .15 inch high and contain the following statement printed
564     or typed in not less than [~~eight-point, single-leaded~~] 12-point type:
565          "By signing this petition, you are stating that you have read and understand the law this
566     petition seeks to overturn."; and
567          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
568     bottom of the sheet for the information described in Subsection (2)(i); and
569          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
570     information is not required, but it may be used to verify your identity with voter registration
571     records. If you choose not to provide it, your signature may not be verified as a valid signature
572     if you change your address before petition signatures are verified or if the information you
573     provide does not match your voter registration records."
574          (3) The final page of each referendum packet shall contain the following printed or
575     typed statement:
576          "Verification
577          State of Utah, County of ____
578          I, _______________, of ____, hereby state, under penalty of perjury, that:
579          I am a Utah resident and am at least 18 years old;
580          All the names that appear in this packet were signed by [~~persons~~] individuals who
581     professed to be the [~~persons~~] individuals whose names appear in it, and each of [~~them~~] the
582     individuals signed [~~his~~] the individual's name on it in my presence;
583          I believe that each individual has printed and signed [~~his~~] the individual's name and
584     written [~~his~~] the individual's post office address and residence correctly, that each signer has
585     read and understands the law that the referendum seeks to overturn, and that each signer is
586     registered to vote in Utah or intends to become registered to vote before the certification of the
587     petition names by the county clerk.
588          Each individual who signed the packet wrote the correct date of signature next to the
589     individual's name.

590          I have not paid or given anything of value to any individual who signed this petition to
591     encourage that individual to sign it.
592     ________________________________________________________________________
593          (Name) (Residence Address) (Date)"
594          (4) [~~The forms prescribed in this section are not mandatory, and, if~~] If the forms
595     described in this section are substantially followed, the referendum petitions are sufficient,
596     notwithstanding clerical and merely technical errors.
597          Section 10. Section 20A-7-305 is amended to read:
598          20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
599          (1) A Utah voter may sign a referendum petition if the voter is a legal voter.
600          (2) (a) The sponsors shall ensure that the [~~person~~] individual in whose presence each
601     signature sheet was signed:
602          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
603     [~~and~~]
604          (ii) verifies each signature sheet by completing the verification printed on the last page
605     of each referendum packet[.]; and
606          (iii) is informed that each signer is required to read and understand the law that the
607     referendum seeks to overturn.
608          (b) A person may not sign the verification printed on the last page of the referendum
609     packet if the person signed a signature sheet in the referendum packet.
610          (3) (a) [~~(i)~~] A voter who has signed a referendum petition may have the voter's
611     signature removed from the petition by submitting to the county clerk a statement requesting
612     that the voter's signature be removed[.] no later than the earlier of:
613          (i) 14 days after the day on which the voter signs the statement; or
614          (ii) 45 days after the day on which the county clerk posts the voter's name under
615     Subsection 20A-7-306(3)(c).
616          (b) (i) The statement shall include:
617          [~~(i)~~] (A) the name of the voter;

618          [~~(ii)~~] (B) the resident address at which the voter is registered to vote;
619          [~~(iii) the last four digits of the voter's Social Security number;~~]
620          [~~(iv) the driver license or identification card number; and~~]
621          [~~(v)~~] (C) the signature of the voter[.]; and
622          (D) the date of the signature described in Subsection (3)(b)(i)(C).
623          (ii) To increase the likelihood of the voter's signature being identified and removed, the
624     statement may include the voter's birth date or age.
625          (c) A voter may not submit a statement by email or other electronic means.
626          (d) In order for the signature to be removed, the county clerk must receive the
627     statement [~~must be received by the county clerk before the day which is 55 days after the end of~~
628     ~~the legislative session at which the law passed~~] before 5 p.m. no later than 45 days after the day
629     on which the county clerk posts the voter's name under Subsection 20A-7-306(3)(c).
630          [~~(e) The county clerk shall deliver all statements received under this Subsection (3):~~]
631          [~~(i) with the referendum petition packets to the lieutenant governor; or~~]
632          [~~(ii) in a supplemental delivery to the lieutenant governor for a statement submitted~~
633     ~~after the county clerk delivered the referendum petition packets.~~]
634          [~~(f)~~] (e) A person may only remove a signature from a referendum petition in
635     accordance with this Subsection (3).
636          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
637     a referendum petition, in accordance with Section 20A-7-206.3.
638          Section 11. Section 20A-7-306 is amended to read:
639          20A-7-306. Submitting the referendum petition -- Certification of signatures by
640     the county clerks -- Transfer to lieutenant governor.
641          (1) (a) [~~No later than 40 days after the end of the legislative session at which the law~~
642     ~~passed, the~~] The sponsors shall deliver [~~each~~] a signed and verified referendum packet to the
643     county clerk of the county in which the packet was circulated[.] before 5 p.m. no later than the
644     earlier of:
645          (i) 14 days after the day on which the first individual signs the referendum packet; or

646          (ii) 40 days after the end of the legislative session at which the law passed.
647          (b) A sponsor may not submit a referendum packet after the deadline [~~established in~~
648     ~~this~~] described in Subsection (1)(a).
649          (2) (a) No later than [~~55 days after the end of the legislative session at which the law~~
650     ~~passed~~] 14 days after the day on which the county clerk receives a verified referendum packet,
651     the county clerk shall:
652          (i) check the [~~names of all persons completing~~] name of each individual who completes
653     the verification on the last page of each referendum packet to determine whether [~~or not those~~
654     ~~persons are Utah residents and are~~] the individual is a resident of Utah and is at least 18 years
655     old; and
656          (ii) submit the name of each [~~of those persons~~] individual who is not a Utah resident or
657     who is not at least 18 years old to the attorney general and county attorney.
658          (b) The county clerk may not certify a signature under Subsection (3):
659          (i) on a referendum packet that is not verified in accordance with Section
660     20A-7-305[.]; or
661          (ii) that does not have a date of signature next to the signature.
662          (3) No later than [~~55 days after the end of the legislative session at which the law~~
663     ~~passed~~] 14 days after the day on which the county clerk receives a verified referendum packet,
664     the county clerk shall:
665          (a) determine whether each signer is a registered voter according to the requirements of
666     Section 20A-7-306.3;
667          (b) certify on the referendum petition whether each name is that of a registered voter;
668     [~~and~~]
669          (c) post the name and voter identification number of each registered voter certified
670     under Subsection (3)(b) in a conspicuous location on the county's website for at least 45 days;
671     and
672          [~~(c)~~] (d) deliver [~~all of~~] the verified referendum [~~packets~~] packet to the lieutenant
673     governor.

674          [~~(4) Upon receipt of a referendum packet under Subsection (3) and any statement~~
675     ~~submitted under Subsection 20A-7-305(3), the lieutenant governor shall remove from the~~
676     ~~referendum petition a voter's signature if the voter has requested the removal in accordance~~
677     ~~with Subsection 20A-7-305(3).~~]
678          (4) Within two business days after timely receipt of a statement described in
679     Subsection 20A-7-305(3), the county clerk shall:
680          (a) remove the voter's signature from the posting described in Subsection (3)(c); and
681          (b) inform the lieutenant governor of the removal.
682          (5) The sponsor or a sponsor's representative may not retrieve a referendum packet
683     from a county clerk after the referendum packet is submitted to the county clerk.
684          Section 12. Section 20A-7-307 is amended to read:
685          20A-7-307. Evaluation by the lieutenant governor.
686          (1) When [~~each~~] a referendum packet is received from a county clerk, the lieutenant
687     governor shall check off from the record the number of [~~each~~] the referendum packet [~~filed~~]
688     received.
689          (2) (a) [~~After all of the referendum packets have been received by the lieutenant~~
690     ~~governor and the lieutenant governor has removed the signatures as required by Section~~
691     ~~20A-7-306, the~~] The lieutenant governor shall, within 14 days after the day on which the
692     lieutenant governor receives a referendum packet from a county clerk:
693          (i) count the number of the names certified by the county clerks [~~that remain~~] on each
694     verified signature sheet; and
695          (ii) update on the lieutenant governor's website the number of signatures certified as of
696     the date of the update.
697          (b) The lieutenant governor shall:
698          (i) within one business day after the day on which the lieutenant governor provides the
699     notification described in Subsection 20A-7-306(4)(a)(ii), subtract the number of signatures
700     removed from the number of signatures certified and update the number on the lieutenant
701     governor's website accordingly; and

702          (ii) declare the petition to be sufficient or insufficient [~~no later than 60~~] 95 days after
703     the end of the legislative session at which the law passed.
704          [~~(b)~~] (c) If the total number of names [~~counted~~] certified under this Subsection
705     (2)[~~(a)(i)~~] equals or exceeds the number of names required [by] under Section 20A-7-301, and
706     the requirements of this part are met, the lieutenant governor shall mark upon the front of the
707     petition the word "sufficient."
708          [~~(c)~~] (d) If the total number of names [~~counted~~] certified under this Subsection
709     (2)[~~(a)(i)~~] does not equal or exceed the number of names required [by] under Section
710     20A-7-301 or a requirement of this part is not met, the lieutenant governor shall mark upon the
711     front of the petition the word "insufficient."
712          [~~(d)~~] (e) The lieutenant governor shall immediately notify any one of the sponsors of
713     the lieutenant governor's finding.
714          (f) After a petition is declared insufficient, the sponsors may not submit additional
715     signatures to qualify the petition for the ballot.
716          (3) (a) If the lieutenant governor refuses to accept and file [~~any~~] a referendum petition,
717     any voter may, not later than 10 days after the day on which the lieutenant governor declares
718     the petition insufficient, apply to the [~~supreme~~] appropriate court for an extraordinary writ to
719     compel the lieutenant governor to [~~do so within 10 days after the refusal.~~] accept and file the
720     referendum petition.
721          (b) If the [~~supreme~~] court determines that the referendum petition is legally sufficient,
722     the lieutenant governor shall file [it] the referendum petition, with a verified copy of the
723     judgment attached to [it] the referendum petition, as of the date on which [it] the referendum
724     petition was originally offered for filing in the lieutenant governor's office.
725          (c) If the [~~supreme~~] court determines that [~~any~~] a petition filed is not legally sufficient,
726     the [~~supreme~~] court may enjoin the lieutenant governor and all other officers from certifying or
727     printing the ballot title and numbers of that measure on the official ballot.
728          (4) A petition determined to be sufficient in accordance with this section is qualified
729     for the ballot.

730          Section 13. Section 20A-7-312 is amended to read:
731          20A-7-312. Misconduct of electors and officers -- Penalty.
732          (1) It is unlawful for any person to:
733          (a) sign any name other than the person's own to [~~any~~] a referendum petition;
734          (b) knowingly sign the person's name more than once for the same measure at one
735     election;
736          (c) knowingly indicate on a referendum packet that a person who signed the packet
737     signed the packet on a date other than the date that the person signed the packet;
738          [~~(c)~~] (d) sign a referendum knowing the person is not a legal voter; or
739          [~~(d)~~] (e) knowingly and willfully violate any provision of this part.
740          (2) It is unlawful for any person to sign the verification for a referendum packet
741     knowing that:
742          (a) the person does not meet the residency requirements of Section 20A-2-105;
743          (b) the signature date next to the person's name on the referendum packet is not the
744     date that the person signed the packet;
745          [~~(b)~~] (c) the person has not witnessed the signatures of those persons whose names
746     appear in the referendum packet; or
747          [~~(c)~~] (d) one or more persons whose signatures appear in the referendum packet is
748     either:
749          (i) not registered to vote in Utah; or
750          (ii) does not intend to become registered to vote in Utah.
751          (3) It is unlawful for any person to:
752          (a) pay a person to sign a referendum petition;
753          (b) pay a person to remove the person's signature from a referendum petition;
754          (c) accept payment to sign a referendum petition; or
755          (d) accept payment to have the person's name removed from a referendum petition.
756          [~~(3)~~] (4) Any person violating this section is guilty of a class A misdemeanor.
757          Section 14. Section 20A-9-403 is amended to read:

758          20A-9-403. Regular primary elections.
759          (1) (a) Candidates for elective office that are to be filled at the next regular general
760     election shall be nominated in a regular primary election by direct vote of the people in the
761     manner prescribed in this section. The fourth Tuesday of June of each even-numbered year is
762     designated as regular primary election day. Nothing in this section shall affect a candidate's
763     ability to qualify for a regular general election's ballot as an unaffiliated candidate under
764     Section 20A-9-501 or to participate in a regular general election as a write-in candidate under
765     Section 20A-9-601.
766          (b) Each registered political party that chooses to have the names of the registered
767     political party's candidates for elective office featured with party affiliation on the ballot at a
768     regular general election shall comply with the requirements of this section and shall nominate
769     the registered political party's candidates for elective office in the manner described in this
770     section.
771          (c) A filing officer may not permit an official ballot at a regular general election to be
772     produced or used if the ballot denotes affiliation between a registered political party or any
773     other political group and a candidate for elective office who is not nominated in the manner
774     prescribed in this section or in Subsection 20A-9-202(4).
775          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
776     even-numbered year in which a regular general election will be held.
777          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
778     shall:
779          (i) either declare the registered political party's intent to participate in the next regular
780     primary election or declare that the registered political party chooses not to have the names of
781     the registered political party's candidates for elective office featured on the ballot at the next
782     regular general election; and
783          (ii) if the registered political party participates in the upcoming regular primary
784     election, identify one or more registered political parties whose members may vote for the
785     registered political party's candidates and whether individuals identified as unaffiliated with a

786     political party may vote for the registered political party's candidates.
787          (b) (i) A registered political party that is a continuing political party shall file the
788     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
789     November 30 of each odd-numbered year.
790          (ii) An organization that is seeking to become a registered political party under Section
791     20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
792     political party files the petition described in Section 20A-8-103.
793          (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
794     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
795     office on the regular primary ballot of the registered political party listed on the declaration of
796     candidacy only if the individual is certified by the appropriate filing officer as having submitted
797     a set of nomination petitions that was:
798          (i) circulated and completed in accordance with Section 20A-9-405; and
799          (ii) signed by at least 2% of the registered political party's members who reside in the
800     political division of the office that the individual seeks.
801          (b) (i) A candidate for elective office shall submit nomination petitions to the
802     appropriate filing officer for verification and certification no later than 5 p.m. on the final day
803     in March.
804          (ii) A candidate may supplement the candidate's submissions at any time on or before
805     the filing deadline.
806          (c) (i) The lieutenant governor shall determine for each elective office the total number
807     of signatures that must be submitted under Subsection (3)(a)(ii) by counting the aggregate
808     number of individuals residing in each elective office's political division who have designated a
809     particular registered political party on the individuals' voter registration forms on or before
810     November 15 of each odd-numbered year.
811          (ii) The lieutenant governor shall publish the determination for each elective office no
812     later than November 30 of each odd-numbered year.
813          (d) The filing officer shall:

814          (i) verify signatures on nomination petitions in a transparent and orderly manner, no
815     later than 14 days after the day on which a candidate submits the signatures to the filing officer;
816          (ii) for all qualifying candidates for elective office who submit nomination petitions to
817     the filing officer, issue certifications referenced in Subsection (3)(a) no later than 5 p.m. on the
818     first Monday after the third Saturday in April;
819          (iii) consider active and inactive voters eligible to sign nomination petitions;
820          (iv) consider an individual who signs a nomination petition a member of a registered
821     political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
822     registered political party as the individual's party membership on the individual's voter
823     registration form; and
824          (v) utilize procedures described in Section 20A-7-206.3 to verify submitted nomination
825     petition signatures, or use statistical sampling procedures to verify submitted nomination
826     petition signatures in accordance with rules made under Subsection (3)(f).
827          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
828     lieutenant governor may appear on the regular primary ballot of a registered political party
829     without submitting nomination petitions if the candidate files a declaration of candidacy and
830     complies with Subsection 20A-9-202(3).
831          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
832     director of elections, within the Office of the Lieutenant Governor, may make rules that:
833          (i) provide for the use of statistical sampling procedures that:
834          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
835          (B) reflect a bona fide effort to determine the validity of a candidate's entire
836     submission, using widely recognized statistical sampling techniques; and
837          (ii) provide for the transparent, orderly, and timely submission, verification, and
838     certification of nomination petition signatures.
839          (g) The county clerk shall:
840          (i) review the declarations of candidacy filed by candidates for local boards of
841     education to determine if more than two candidates have filed for the same seat;

842          (ii) place the names of all candidates who have filed a declaration of candidacy for a
843     local board of education seat on the nonpartisan section of the ballot if more than two
844     candidates have filed for the same seat; and
845          (iii) determine the order of the local board of education candidates' names on the ballot
846     in accordance with Section 20A-6-305.
847          (4) (a) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
848     governor shall provide to the county clerks:
849          (i) a list of the names of all candidates for federal, constitutional, multi-county, single
850     county, and county offices who have received certifications under Subsection (3), along with
851     instructions on how those names shall appear on the primary election ballot in accordance with
852     Section 20A-6-305; and
853          (ii) a list of unopposed candidates for elective office who have been nominated by a
854     registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
855     unopposed candidates from the primary election ballot.
856          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
857     joint-ticket running mates shall appear jointly on the primary election ballot.
858          (c) After the county clerk receives the certified list from the lieutenant governor under
859     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
860     substantially the following form:
861          "Notice is given that a primary election will be held Tuesday, June ____,
862     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
863     local school board positions listed on the primary ballot. The polling place for voting precinct
864     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
865     Attest: county clerk."
866          (5) (a) A candidate, other than a presidential candidate, who, at the regular primary
867     election, receives the highest number of votes cast for the office sought by the candidate is:
868          (i) nominated for that office by the candidate's registered political party; or
869          (ii) for a nonpartisan local school board position, nominated for that office.

870          (b) If two or more candidates, other than presidential candidates, are to be elected to
871     the office at the regular general election, those party candidates equal in number to positions to
872     be filled who receive the highest number of votes at the regular primary election are the
873     nominees of the candidates' party for those positions.
874          (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
875          (A) no individual other than the candidate receives a certification under Subsection (3)
876     for the regular primary election ballot of the candidate's registered political party for a
877     particular elective office; or
878          (B) for an office where more than one individual is to be elected or nominated, the
879     number of candidates who receive certification under Subsection (3) for the regular primary
880     election of the candidate's registered political party does not exceed the total number of
881     candidates to be elected or nominated for that office.
882          (ii) A candidate who is unopposed for an elective office in the regular primary election
883     of a registered political party is nominated by the party for that office without appearing on the
884     primary election ballot.
885          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
886     office that represents more than one county, the governor, lieutenant governor, and attorney
887     general shall, at a public meeting called by the governor and in the presence of the candidates
888     involved, select the nominee by lot cast in whatever manner the governor determines.
889          (b) When a tie vote occurs in any primary election for any county office, the district
890     court judges of the district in which the county is located shall, at a public meeting called by
891     the judges and in the presence of the candidates involved, select the nominee by lot cast in
892     whatever manner the judges determine.
893          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
894     primary election provided for by this section, and all expenses necessarily incurred in the
895     preparation for or the conduct of that primary election shall be paid out of the treasury of the
896     county or state, in the same manner as for the regular general elections.
897          (8) An individual may not file a declaration of candidacy for a registered political party

898     of which the individual is not a member, except to the extent that the registered political party
899     permits otherwise under the registered political party's bylaws.
900          Section 15. Section 20A-9-408 is amended to read:
901          20A-9-408. Signature-gathering process to seek the nomination of a qualified
902     political party.
903          (1) This section describes the requirements for a member of a qualified political party
904     who is seeking the nomination of the qualified political party for an elective office through the
905     signature-gathering process described in this section.
906          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
907     candidacy for a member of a qualified political party who is nominated by, or who is seeking
908     the nomination of, the qualified political party under this section shall be substantially as
909     described in Section 20A-9-408.5.
910          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
911     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
912     nomination of the qualified political party for an elective office that is to be filled at the next
913     general election shall:
914          (a) within the period beginning on January 1 before the next regular general election
915     and ending on the third Thursday in March of the same year, and before gathering signatures
916     under this section, file with the filing officer on a form approved by the lieutenant governor a
917     notice of intent to gather signatures for candidacy that includes:
918          (i) the name of the member who will attempt to become a candidate for a registered
919     political party under this section;
920          (ii) the name of the registered political party for which the member is seeking
921     nomination;
922          (iii) the office for which the member is seeking to become a candidate;
923          (iv) the address and telephone number of the member; and
924          (v) other information required by the lieutenant governor;
925          (b) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy,

926     in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
927     the third Thursday in March before the next regular general election; and
928          (c) pay the filing fee.
929          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
930     party who, under this section, is seeking the nomination of the qualified political party for the
931     office of district attorney within a multicounty prosecution district that is to be filled at the next
932     general election shall:
933          (a) on or after January 1 before the next regular general election, and before gathering
934     signatures under this section, file with the filing officer on a form approved by the lieutenant
935     governor a notice of intent to gather signatures for candidacy that includes:
936          (i) the name of the member who will attempt to become a candidate for a registered
937     political party under this section;
938          (ii) the name of the registered political party for which the member is seeking
939     nomination;
940          (iii) the office for which the member is seeking to become a candidate;
941          (iv) the address and telephone number of the member; and
942          (v) other information required by the lieutenant governor;
943          (b) except as provided in Subsection 20A-9-202(1)(b), file a declaration of candidacy,
944     in person, with the filing officer on or after the second Friday in March and before 5 p.m. on
945     the third Thursday in March before the next regular general election; and
946          (c) pay the filing fee.
947          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
948     who files as the joint-ticket running mate of an individual who is nominated by a qualified
949     political party, under this section, for the office of governor shall, on or before 5 p.m. on the
950     first Monday after the third Saturday in April, file a declaration of candidacy and submit a letter
951     from the candidate for governor that names the lieutenant governor candidate as a joint-ticket
952     running mate.
953          (6) The lieutenant governor shall ensure that the certification described in Subsection

954     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
955     under this section.
956          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
957     is nominated by a qualified political party under this section, designate the qualified political
958     party that nominated the candidate.
959          (8) A member of a qualified political party may seek the nomination of the qualified
960     political party for an elective office by:
961          (a) complying with the requirements described in this section; and
962          (b) collecting signatures, on a form approved by the lieutenant governor, during the
963     period beginning on January 1 of an even-numbered year and ending 14 days before the day on
964     which the qualified political party's convention for the office is held, in the following amounts:
965          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
966     permitted by the qualified political party to vote for the qualified political party's candidates in
967     a primary election;
968          (ii) for a congressional district race, 7,000 signatures of registered voters who are
969     residents of the congressional district and are permitted by the qualified political party to vote
970     for the qualified political party's candidates in a primary election;
971          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
972     residents of the state Senate district and are permitted by the qualified political party to vote for
973     the qualified political party's candidates in a primary election;
974          (iv) for a state House district race, 1,000 signatures of registered voters who are
975     residents of the state House district and are permitted by the qualified political party to vote for
976     the qualified political party's candidates in a primary election;
977          (v) for a State Board of Education race, the lesser of:
978          (A) 2,000 signatures of registered voters who are residents of the State Board of
979     Education district and are permitted by the qualified political party to vote for the qualified
980     political party's candidates in a primary election; or
981          (B) 3% of the registered voters of the qualified political party who are residents of the

982     applicable State Board of Education district; and
983          (vi) for a county office race, signatures of 3% of the registered voters who are residents
984     of the area permitted to vote for the county office and are permitted by the qualified political
985     party to vote for the qualified political party's candidates in a primary election.
986          (9) (a) In order for a member of the qualified political party to qualify as a candidate
987     for the qualified political party's nomination for an elective office under this section, the
988     member shall:
989          (i) collect the signatures on a form approved by the lieutenant governor, using the same
990     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
991          (ii) submit the signatures to the election officer no later than 14 days before the day on
992     which the qualified political party holds its convention to select candidates, for the elective
993     office, for the qualified political party's nomination.
994          (b) An individual may not gather signatures under this section until after the individual
995     files a notice of intent to gather signatures for candidacy described in this section.
996          (c) An individual who files a notice of intent to gather signatures for candidacy,
997     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
998     the notice of intent to gather signatures for candidacy:
999          (i) required to comply with the reporting requirements that a candidate for office is
1000     required to comply with; and
1001          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
1002     apply to a candidate for office in relation to the reporting requirements described in Subsection
1003     (9)(c)(i).
1004          (d) Upon timely receipt of the signatures described in Subsections (8) and (9)(a), the
1005     election officer shall, no later than the earlier of 14 days after the day on which the election
1006     officer receives the signatures, or one day before the day on which the qualified political party
1007     holds the convention to select a nominee for the elective office to which the signature packets
1008     relate:
1009          (i) check the name of each individual who completes the verification for a signature

1010     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
1011          (ii) submit the name of each individual described in Subsection (9)(d)(i) who is not a
1012     Utah resident or who is not at least 18 years old to the attorney general and the county attorney;
1013          (iii) determine whether each signer is a registered voter who is qualified to sign the
1014     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
1015     on a petition; and
1016          (iv) certify whether each name is that of a registered voter who is qualified to sign the
1017     signature packet[~~; and~~].
1018          [~~(v)~~] (e) Upon timely receipt of the signatures described in Subsections (8) and (9)(a),
1019     the election officer shall, no later than one day before the day on which the qualified political
1020     party holds the convention to select a nominee for the elective office to which the signature
1021     packets relate, notify the qualified political party and the lieutenant governor of the name of
1022     each member of the qualified political party who qualifies as a nominee of the qualified
1023     political party, under this section, for the elective office to which the convention relates.
1024          [~~(e)~~] (f) Upon receipt of a notice of intent to gather signatures for candidacy described
1025     in this section, the lieutenant governor shall post the notice of intent to gather signatures for
1026     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
1027     posts a declaration of candidacy.
1028          Section 16. Coordinating H.B. 145 with H.B. 195 and S.B. 33 -- Substantive and
1029     technical amendments.
1030          (1) If this H.B. 145, H.B. 195, Initiative and Referendum Amendments, and S.B. 33,
1031     Political Procedures Amendments, all pass and become law, it is the intent of the Legislature
1032     that the Office of Legislative Research and General Counsel shall prepare the Utah Code
1033     database for publication, as follows:
1034          (a) the changes to Section 20A-7-205 in H.B. 145 supercede the changes to Section
1035     20A-7-205 in H.B. 195 and S.B. 33; and
1036          (b) the changes to Section 20A-7-206 in H.B. 145 supercede the changes to Section
1037     20A-7-206 in H.B. 195 and S.B. 33.

1038          (2) If this H.B. 145 and H.B. 195, Initiative and Referendum Amendments, both pass
1039     and become law, but S.B. 33, Political Procedures Amendments, does not pass, it is the intent
1040     of the Legislature that the Office of Legislative Research and General Counsel shall prepare the
1041     Utah Code database for publication, as follows:
1042          (a) the changes to Section 20A-7-205 in H.B. 145 supercede the changes to Section
1043     20A-7-205 in H.B. 195; and
1044          (b) the changes to Section 20A-7-206 in H.B. 145 supercede the changes to Section
1045     20A-7-206 in H.B. 195.
1046          (3) If this H.B. 145 and S.B. 33, Political Procedures Amendments, both pass and
1047     become law, but H.B. 195, Initiative and Referendum Amendments, does not pass, it is the
1048     intent of the Legislature that the Office of Legislative Research and General Counsel shall
1049     prepare the Utah Code database for publication, as follows:
1050          (a) the changes to Section 20A-7-205 in H.B. 145 supercede the changes to Section
1051     20A-7-205 in S.B. 33; and
1052          (b) the changes to Section 20A-7-206 in H.B. 145 supercede the changes to Section
1053     20A-7-206 in S.B. 33.
1054          Section 17. Coordinating H.B. 145 with H.B. 195 -- Substantive and technical
1055     amendments.
1056          If this H.B. 145 and H.B. 195, Initiative and Referendum Amendments, both pass and
1057     become law, it is the intent of the Legislature that the Office of Legislative Research and
1058     General Counsel shall prepare the Utah Code database for publication so that the changes to
1059     Section 20A-7-207 in H.B. 145 supercede the changes to Section 20A-7-207 in H.B. 195.
1060          Section 18. Coordinating H.B. 145 with S.B. 33 -- Substantive and technical
1061     amendments.
1062          If this H.B. 145 and S.B. 33, Political Procedures Amendments, both pass and become
1063     law, it is the intent of the Legislature that the Office of Legislative Research and General
1064     Counsel shall prepare the Utah Code database for publication, as follows:
1065          (1) the changes to Section 20A-7-305 in H.B. 145 supercede the changes to Section

1066     20A-7-305 in S.B. 33; and
1067          (2) the changes to Section 20A-7-306 in H.B. 145 supercede the changes to Section
1068     20A-7-306 in S.B. 33.