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7 LONG TITLE
8 General Description:
9 This bill amends the Election Code to provide for the recall of a United States senator.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes a process for legal voters to petition to place a question on the ballot to
14 recall a United States senator;
15 ▸ describes the signature requirements for a petition to recall a United States senator;
16 ▸ addresses forms, timelines, processes, and requirements for an application for recall,
17 preparing and circulating recall petition packets, and verifying and certifying
18 signatures;
19 ▸ addresses a recall ballot question, voting, and canvassing votes;
20 ▸ establishes recall election dates;
21 ▸ provides for legal review of certain actions; and
22 ▸ establishes criminal penalties for misconduct relating to the petition, and related
23 processes, to recall a United States senator.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 20A-20-101, Utah Code Annotated 1953
31 20A-20-102, Utah Code Annotated 1953
32 20A-20-201, Utah Code Annotated 1953
33 20A-20-202, Utah Code Annotated 1953
34 20A-20-203, Utah Code Annotated 1953
35 20A-20-204, Utah Code Annotated 1953
36 20A-20-205, Utah Code Annotated 1953
37 20A-20-301, Utah Code Annotated 1953
38 20A-20-302, Utah Code Annotated 1953
39 20A-20-303, Utah Code Annotated 1953
40 20A-20-401, Utah Code Annotated 1953
41 20A-20-402, Utah Code Annotated 1953
42 20A-20-501, Utah Code Annotated 1953
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-20-101 is enacted to read:
46
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48 20A-20-101. Title.
49 This chapter is known as "Recall of United States Senator."
50 Section 2. Section 20A-20-102 is enacted to read:
51 20A-20-102. Definitions.
52 As used in this chapter:
53 (1) "Certify" means that the county clerk acknowledges a signature as being the
54 signature of a registered voter.
55 (2) "Circulation" means the process of submitting a recall petition to legal voters to
56 collect signatures.
57 (3) "Eligible voter" means a legal voter who resides in the state.
58 (4) "Legal signatures" means the number of signatures of legal voters that:
59 (a) meet the numerical requirements of this chapter; and
60 (b) have been obtained, certified, and verified as provided in this chapter.
61 (5) "Legal voter" means a person who:
62 (a) is registered to vote; or
63 (b) becomes registered to vote before the county clerk certifies the signatures on the
64 recall petition.
65 (6) "Responding senator" means the incumbent United States senator against whom an
66 application to recall is filed.
67 (7) (a) "Signature" means a holographic signature.
68 (b) "Signature" does not include an electronic signature.
69 (8) "Signature sheet" means a sheet in the form required by this chapter that is used to
70 collect signatures in support of a recall petition.
71 (9) "Sponsor" means one of the five legal voters who signs an application to recall.
72 Section 3. Section 20A-20-201 is enacted to read:
73
74 20A-20-201. Petition to recall United States senator -- Signature requirement --
75 Recall election.
76 (1) A person seeking to recall an incumbent United States senator shall, in accordance
77 with the requirements of this chapter, obtain legal signatures equal to 25% of the number of
78 active voters in the state on January 1 immediately following the last regular general election.
79 (2) The lieutenant governor shall provide to any interested person the number of active
80 voters in the state on January 1 immediately following the last regular general election.
81 (3) The lieutenant governor shall place the recall question on the ballot of the next of
82 the following elections that occurs at least 90 days after the day on which the lieutenant
83 governor certifies the ballot question under Subsection 20A-20-401(1)(c):
84 (a) the regular primary election;
85 (b) the regular general election;
86 (c) the municipal primary election; or
87 (d) the municipal general election.
88 (4) The recall of a United States senator is a political and not a legal question.
89 Section 4. Section 20A-20-202 is enacted to read:
90 20A-20-202. Application to recall United States senator -- Review -- Appeal of
91 lieutenant governor's determination.
92 (1) Subject to Subsection (2), a person seeking to recall an incumbent United States
93 senator shall file with the lieutenant governor an application to recall, described in Subsection
94 (3).
95 (2) An incumbent United States senator is not subject to recall if:
96 (a) the senator has not been in office for at least one year of the senator's current term
97 of office;
98 (b) less than one year has passed after the senator was retained in a recall election; or
99 (c) less than one year remains before the end of the senator's term.
100 (3) The application to recall shall include the following:
101 (a) the name of the senator whom the sponsors desire to recall;
102 (b) the name of exactly five sponsors of the application to recall, including for each the
103 address, telephone number, and email address of each sponsor;
104 (c) a certification indicating that each of the sponsors is a registered voter in Utah;
105 (d) a statement, not exceeding 250 words, that:
106 (i) states the reasons for which recall is sought; and
107 (ii) if a reason includes a reference to legislation, or to a vote made or not made by the
108 senator, does not make a statement regarding the legislation or vote that can be objectively
109 proven to be false;
110 (e) a statement that, under penalty of perjury, the sponsors believe that the information
111 and statement included in the application are true; and
112 (f) the signature of each of the sponsors, attested to by a notary public.
113 (4) Within 10 days after the day on which the lieutenant governor receives an
114 application to recall, the lieutenant governor shall:
115 (a) review the application to determine whether the application complies with
116 Subsections (2) and (3);
117 (b) if the application does not comply with Subsections (2) and (3), return the
118 application to a sponsor with a written explanation of the lieutenant governor's determination;
119 and
120 (c) if the application complies with Subsections (2) and (3), send a copy of the
121 application and the determination of the lieutenant governor to:
122 (i) a sponsor of the application;
123 (ii) the responding senator;
124 (iii) the president of the Utah Senate;
125 (iv) the speaker of the Utah House of Representatives; and
126 (v) the governor.
127 (5) (a) A sponsor of the application may, within 10 days after the day on which the
128 lieutenant governor complies with Subsection (4)(b), appeal the lieutenant governor's
129 determination to the appropriate court.
130 (b) The responding senator may, within 10 days after the day on which the lieutenant
131 governor complies with Subsection (4)(c), appeal the lieutenant governor's determination to the
132 appropriate court.
133 (6) (a) The responding senator may file a response to the statement described in
134 Subsection (3)(d):
135 (i) within 14 days after the day on which the lieutenant governor makes the
136 determination described in Subsection (4)(c); or
137 (ii) if the lieutenant governor makes the finding described in Subsection (4)(b), and a
138 court decision reverses that determination, within 14 days after the day on which the court's
139 determination becomes final.
140 (b) The response described in Subsection (6)(a) may not:
141 (i) exceed 250 words; or
142 (ii) include a reference to legislation, or to a vote made or not made by the responding
143 senator, that can be objectively proven to be false.
144 (7) Within 10 days after the day on which the lieutenant governor receives a response
145 described in Subsection (6), the lieutenant governor shall:
146 (a) review the response to determine whether the response complies with Subsection
147 (6)(b);
148 (b) if the response does not comply with Subsection (6)(b), return the response to the
149 responding senator, with a written explanation of the lieutenant governor's determination, and
150 allow the responding senator two business days to correct the response; and
151 (c) if the response complies with Subsection (6)(b), send a copy of the response and the
152 determination of the lieutenant governor to:
153 (i) a sponsor of the application;
154 (ii) the responding senator;
155 (iii) the president of the Utah Senate;
156 (iv) the speaker of the Utah House of Representatives; and
157 (v) the governor.
158 (8) (a) The responding senator may, within 10 days after the day on which the
159 lieutenant governor complies with Subsection (7)(b), appeal the lieutenant governor's
160 determination to the appropriate court.
161 (b) A sponsor of the application may, within 10 days after the day on which the
162 lieutenant governor complies with Subsection (7)(c), appeal the lieutenant governor's
163 determination to the appropriate court.
164 Section 5. Section 20A-20-203 is enacted to read:
165 20A-20-203. Petition and signature sheets -- Form of recall petition sheet and
166 signature sheet -- Provision by the lieutenant governor.
167 (1) The lieutenant governor shall provide to a sponsor one recall petition sheet, one
168 signature sheet, and one signature packet verification sheet described in this section:
169 (a) except as provided in Subsection (1)(b), no sooner than ten days after, and no later
170 than 14 days after, the day on which the lieutenant governor complies with Subsection
171 20A-20-202(7)(c); or
172 (b) if the responding senator or a sponsor files an appeal under Subsection
173 20A-20-202(8), within 10 days after the day on which a court decision, finding that the
174 response described in Subsection 20A-20-202(6) complies with Subsection 20A-20-202(6)(b),
175 becomes final.
176 (2) The lieutenant governor shall prepare the recall petition sheet in substantially the
177 following form:
178 (a) "RECALL PETITION To the Honorable ____, Lieutenant Governor:
179 We, the undersigned citizens of Utah, respectfully order that Senator _______ be
180 referred to the people of Utah for recall at a statewide election;
181 Each signer says:
182 I have personally signed this petition;
183 I am registered to vote in Utah or intend to become registered to vote in Utah before the
184 certification of the petition names by the county clerk;
185 My residence and post office address are written correctly after my name; and
186 I have read the Statement by Petition Sponsors and the Response of Senator ______
187 included with this petition.";
188 (b) immediately after the statement described in Subsection (2)(a), the lieutenant
189 governor shall, following the heading "Statement by Petition Sponsors," include the statement
190 described in Subsection 20A-20-202(3)(d); and
191 (c) immediately after the statement by petition sponsors, following the heading,
192 "Response of Senator ______," include the response described in Subsection 20A-20-202(6), if
193 any.
194 (3) If the responding senator does not timely file a response described in Subsection
195 20A-20-202(6), the lieutenant governor shall modify the final sentence described in Subsection
196 (2)(a) to read, "I have read the Statement by Petition Sponsors included with this petition."
197 (4) The lieutenant governor shall prepare a signature sheet by:
198 (a) preparing the sheet for printing on paper 8.5 inches long and 11 inches wide;
199 (b) placing a horizontal line .75 inch from the top, with the space above that line blank
200 for the purpose of binding;
201 (c) placing the title of the recall petition, "Petition to Recall Senator ______" below the
202 horizontal line, in at least 14-point, bold type;
203 (d) placing the word "Warning" at the top of each signature sheet under the title of the
204 recall petition;
205 (e) placing, to the right of the word "Warning," the following statement in not less than
206 eight-point type:
207 "It is a class A misdemeanor for an individual to sign a recall petition with any other
208 name than the individual's own name, or knowingly to sign the individual's name more than
209 once for the same recall petition, or to sign a recall petition when the individual knows that the
210 individual is not a registered voter and knows that the individual does not intend to become
211 registered to vote before the certification of the petition names by the county clerk.";
212 (f) placing horizontally ruled lines, three-eighths inch apart under the statement
213 described in Subsection (4)(e); and
214 (g) vertically dividing the signature sheet into columns as follows:
215 (i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
216 be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
217 (ii) the second column shall be .25 inch wide;
218 (iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
219 Name (must be legible to be counted)";
220 (iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
221 Voter";
222 (v) the fifth column shall be .75 inch wide, headed "Date Signed";
223 (vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
224 Code"; and
225 (vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
226 (h) horizontally dividing the signature sheet into rows as follows:
227 (i) the top of the first row, for the purpose of entering the information described in
228 Subsection (2)(g), shall be .5 inch high;
229 (ii) except as provided in Subsection (5), the second row shall be .15 inch high and
230 contain the following statement in not less than 12-point type:
231 "By signing this petition, you are stating that you have read the statement by Petition
232 Sponsors and the Response of Senator ______ included with this petition"; and
233 (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
234 bottom of the sheet for the information described in Subsection (4)(i); and
235 (i) at the bottom of the sheet, contain the following statement: "Birth date or age
236 information is not required, but it may be used to verify your identity with voter registration
237 records. If you choose not to provide it, your signature may not be verified as a valid signature
238 if you change your address before petition signatures are verified or if the information you
239 provide does not match your voter registration records."
240 (5) If the responding senator does not timely file a response described in Subsection
241 20A-20-202(6), the lieutenant governor shall modify the final sentence described in Subsection
242 (4)(h)(ii) to read, "By signing this petition, you are stating that you have read the Statement by
243 Petition Sponsors included with this petition."
244 (6) The lieutenant governor shall prepare the signature packet verification sheet to
245 read:
246 "Verification
247 State of Utah, County of ____
248 I, _______________, of ____, hereby state, under penalty of perjury, that:
249 I am at least 18 years old;
250 All the names that appear in this packet were signed by individuals who professed to be
251 the individuals whose names appear in it, and each of the individuals signed the individual's
252 name on it in my presence;
253 I believe that each individual has printed and signed the individual's name and written
254 the individual's post office address and residence correctly, that each signer has read the
255 statement by the petition sponsors and the response by the senator, if any, included with this
256 packet, and that each signer is registered to vote in Utah or intends to become registered to vote
257 before the certification of the petition names by the county clerk.
258 Each individual who signed the packet wrote the correct date of signature next to the
259 individual's name.
260 I have not paid or given anything of value to any individual who signed this petition to
261 encourage that individual to sign it.
262 ______________________________________________________________________
263 (Name) (Residence Address) (Date)"
264 (7) If the forms described in this section are substantially followed, the referendum
265 petitions are sufficient, notwithstanding clerical and merely technical errors.
266 Section 6. Section 20A-20-204 is enacted to read:
267 20A-20-204. Circulation requirements -- Lieutenant governor to provide sponsors
268 with materials.
269 (1) In order to obtain the necessary number of signatures required by this chapter, the
270 sponsors shall circulate recall petition packets that meet the form requirements described in this
271 chapter.
272 (2) The sponsors of the recall petition shall:
273 (a) arrange and pay for the printing of all copies of the documents described in Section
274 20A-2-203; and
275 (b) ensure that all copies of the recall petition, the signature sheets, and the signature
276 packet verification sheet meet the requirements of this section and Section 20A-20-203.
277 (3) (a) The sponsors may prepare the recall petition for circulation by creating multiple
278 recall petition packets.
279 (b) The sponsors shall create recall petition packets by:
280 (i) first, including a copy of the recall petition, followed by no more than 50 signature
281 sheets, and followed by the signature packet verification sheet; and
282 (ii) binding the documents described in Subsection (3)(b)(i), in the order indicated,
283 together at the top in a manner that the packets may be conveniently opened for signing.
284 (c) The sponsors are not required to attach a uniform number of signature sheets to
285 each packet.
286 (4) (a) After the sponsors have prepared sufficient recall petition packets, the sponsors
287 shall submit the packets to the lieutenant governor.
288 (b) The lieutenant governor shall:
289 (i) number each of the packets and return the packets to the sponsors within five
290 working days after the day on which the sponsors submit the packets; and
291 (ii) keep a record of the numbers assigned to each packet.
292 Section 7. Section 20A-20-205 is enacted to read:
293 20A-20-205. Obtaining signatures -- Verification -- Removal of signature.
294 (1) A Utah voter may sign a recall petition if the voter is a legal voter.
295 (2) (a) The sponsors shall ensure that the individual in whose presence each signature
296 sheet is signed:
297 (i) is at least 18 years old;
298 (ii) verifies each signature sheet by completing the verification printed on the last page
299 of each packet; and
300 (iii) is informed that each signer is required to read the statement by Petition Sponsors
301 and the Response of Senator, if any, included in the recall petition.
302 (b) An individual may not sign the verification printed on the last page of the packet if
303 the individual signed a signature sheet in that packet.
304 (3) (a) A voter who signs a recall petition may have the voter's signature removed from
305 the petition by submitting to the county clerk a statement requesting that the voter's signature
306 be removed no later than the earlier of:
307 (i) 14 days after the day on which the voter signs the statement requesting removal; or
308 (ii) 45 days after the day on which the county clerk posts the voter's name under
309 Subsection 20A-20-301(3)(c).
310 (b) (i) The statement shall include:
311 (A) the name of the voter;
312 (B) the residence address at which the voter is registered to vote;
313 (C) the signature of the voter; and
314 (D) the date of the signature described in Subsection (3)(b)(i)(C).
315 (ii) To increase the likelihood of the voter's signature being identified and removed, the
316 statement may include the voter's birth date or age.
317 (c) A voter may not submit a statement by email or other electronic means.
318 (d) In order for the signature to be removed, the county clerk must receive the
319 statement before 5 p.m. no later than 45 days after the day on which the county clerk posts the
320 voter's name under Subsection 20A-20-301(3)(c).
321 (e) A person may only remove a signature from a recall petition in accordance with this
322 Subsection (3).
323 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
324 a recall petition, in accordance with Section 20A-20-302.
325 Section 8. Section 20A-20-301 is enacted to read:
326
327 20A-20-301. Submitting recall petition packet -- Certification of signatures by
328 county clerks -- Transfer to lieutenant governor.
329 (1) (a) The sponsors shall deliver a signed and verified recall petition packet to the
330 county clerk of the county in which the packet was circulated before 5 p.m. no later than 14
331 days after the day on which the first individual signs the packet.
332 (b) A sponsor may not submit a recall petition packet after the deadline described in
333 Subsection (1)(a).
334 (2) The county clerk may not certify a signature under Subsection (3):
335 (a) on a recall petition packet that is not verified in accordance with Sections
336 20A-20-205 and 20A-20-302; or
337 (b) that does not have a date of signature next to the signature.
338 (3) No later than 14 days after the day on which the county clerk receives a verified
339 recall petition packet, the county clerk shall:
340 (a) determine whether each signer is a registered voter according to the requirements of
341 Section 20A-20-302;
342 (b) certify on the petition whether each name is that of a registered voter;
343 (c) post the name and voter identification number of each registered voter certified
344 under Subsection (3)(b) in a conspicuous location on the county's website for at least 45 days;
345 and
346 (d) deliver the verified recall petition packet to the lieutenant governor.
347 (4) Within two business days after timely receipt of a statement described in
348 Subsection 20A-20-205(3), the county clerk shall:
349 (a) remove the voter's signature from the posting described in Subsection (3)(c); and
350 (b) inform the lieutenant governor of the removal.
351 (5) The sponsor or a sponsor's representative may not retrieve a referendum packet
352 from a county clerk after the referendum packet is submitted to the county clerk.
353 Section 9. Section 20A-20-302 is enacted to read:
354 20A-20-302. Verification of petition signatures.
355 (1) As used in this section:
356 (a) "Substantially similar name" means:
357 (i) the given name and surname shown on the petition, or both, contain only minor
358 spelling differences when compared to the given name and surname shown on the official
359 register;
360 (ii) the surname shown on the petition exactly matches the surname shown on the
361 official register, and the given names differ only because one of the given names shown is a
362 commonly used abbreviation or variation of the other;
363 (iii) the surname shown on the petition exactly matches the surname shown on the
364 official register, and the given names differ only because one of the given names shown is
365 accompanied by a first or middle initial or a middle name which is not shown on the other
366 record; or
367 (iv) the surname shown on the petition exactly matches the surname shown on the
368 official register, and the given names differ only because one of the given names shown is an
369 alphabetically corresponding initial that has been provided in the place of a given name shown
370 on the other record.
371 (b) "Substantially similar name" does not include a name having an initial or a middle
372 name shown on the petition that does not match a different initial or middle name shown on the
373 official register.
374 (2) The county clerk shall use the following procedures in determining whether a
375 signer is a registered voter:
376 (a) when a signer's name and address shown on the petition exactly match a name and
377 address shown on the official register and the signer's signature appears substantially similar to
378 the signature on the statewide voter registration database, the county clerk shall declare the
379 signature valid;
380 (b) when there is no exact match of an address and a name, the county clerk shall
381 declare the signature valid if:
382 (i) the address on the petition matches the address of an individual on the official
383 register with a substantially similar name; and
384 (ii) the signer's signature appears substantially similar to the signature on the statewide
385 voter registration database of the individual described in Subsection (2)(b)(i);
386 (c) when there is no match of an address and a substantially similar name, the county
387 clerk shall declare the signature valid if:
388 (i) the birth date or age on the petition matches the birth date or age of an individual on
389 the official register with a substantially similar name; and
390 (ii) the signer's signature appears substantially similar to the signature on the statewide
391 voter registration database of the individual described in Subsection (2)(c)(i); and
392 (d) if a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
393 clerk shall declare the signature invalid.
394 Section 10. Section 20A-20-303 is enacted to read:
395 20A-20-303. Evaluation by the lieutenant governor.
396 (1) When a recall petition packet is received from a county clerk, the lieutenant
397 governor shall check off from the record the number of the referendum packet received.
398 (2) (a) The lieutenant governor shall, within 14 days after the day on which the
399 lieutenant governor receives a recall petition packet from a county clerk:
400 (i) count the number of the names certified by the county clerks on each verified
401 signature sheet; and
402 (ii) update on the lieutenant governor's website the number of signatures certified as of
403 the date of the update.
404 (b) The lieutenant governor shall, within one business day after the day on which the
405 lieutenant governor provides the notification described in Subsection 20A-20-301(4)(b):
406 (i) subtract the number of signatures removed from the number of signatures certified
407 and update the number on the lieutenant governor's website accordingly; and
408 (ii) declare the petition to be sufficient or insufficient.
409 (c) If the total number of names certified under this Subsection (2) equals or exceeds
410 the number of names required under Subsection 20A-20-201(1), and the requirements of this
411 chapter are met, the lieutenant governor shall mark upon the front of the petition the word
412 "sufficient."
413 (d) If the total number of names certified under this Subsection (2) does not equal or
414 exceed the number of names required under Subsection 20A-20-201(1), or a requirement of
415 this chapter is not met, the lieutenant governor shall mark upon the front of the petition the
416 word "insufficient."
417 (e) The lieutenant governor shall immediately notify any one of the sponsors of the
418 lieutenant governor's finding.
419 (f) After a petition is declared insufficient, the sponsors may not submit additional
420 signatures to qualify the petition for the ballot.
421 (3) (a) If the lieutenant governor refuses to declare a recall petition sufficient, any voter
422 may, no later than 10 days after the day on which the lieutenant governor declares the petition
423 insufficient, apply to the appropriate court to compel the lieutenant governor to declare the
424 recall petition sufficient.
425 (b) If the court determines that the recall petition is sufficient, the lieutenant governor
426 shall declare the petition sufficient as of the date on which the recall petition was originally
427 offered for filing in the lieutenant governor's office.
428 (c) If the court determines that a recall petition filed is not sufficient, the court may
429 enjoin the lieutenant governor and all other officers from placing the recall question on the
430 official ballot.
431 (4) A recall petition determined to be sufficient in accordance with this section
432 qualifies the recall question for the ballot.
433 Section 11. Section 20A-20-401 is enacted to read:
434
435 20A-20-401. Recall ballot question -- Form of ballot -- Manner and result of
436 voting.
437 (1) Whenever a recall petition is declared sufficient for submitting the question to a
438 vote of the people, the lieutenant governor shall:
439 (a) entitle the question, "Recall Question Number __" and give it a number;
440 (b) prepare the ballot question to read, "Shall Senator _____ continue to serve as a
441 senator in the United States Senate until the end of the current term?"; and
442 (c) certify the question to the ballot for the election described in Subsection
443 20A-20-201(3).
444 (2) A county clerk shall place:
445 (a) the ballot question, described in Subsections (1)(a) and (b) and certified by the
446 lieutenant governor, on the official ballot; and
447 (b) immediately adjacent to the question, the words "Yes" and "No," each word
448 presented with an adjacent square in which the voter may indicate the voter's vote.
449 (3) If a majority of the voters voting on the question vote "No," the senator is, upon
450 certification of the canvassing results under Subsection 20A-20-402(2), immediately removed
451 from office and the vacancy shall be filled as provided by law.
452 (4) If a majority of the voters voting on the question vote "Yes," or if the number of the
453 voters who vote "Yes" is equal to the number of voters who vote "No," the senator remains in
454 office.
455 Section 12. Section 20A-20-402 is enacted to read:
456 20A-20-402. Return and canvass.
457 (1) The votes on the recall question shall be counted, canvassed, and delivered as
458 provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
459 (2) After the state board of canvassers completes the canvass, the lieutenant governor
460 shall certify the results of the vote on the recall question to the governor.
461 Section 13. Section 20A-20-501 is enacted to read:
462
463 20A-20-501. Misconduct -- Penalty.
464 (1) It is unlawful for a person to:
465 (a) sign a name other than the person's own name to a recall petition;
466 (b) knowingly sign the person's name more than once for the same recall petition;
467 (c) knowingly indicate on a recall petition packet that a person who signed the packet
468 signed the packet on a date other than the date that the person signed the packet;
469 (d) sign a recall petition knowing that the person is not a legal voter; or
470 (e) knowingly and willfully violate any provision of this part.
471 (2) It is unlawful for a person to sign the verification for a recall petition packet
472 knowing that:
473 (a) the signature date next to a person's name on the recall petition packet is not the
474 date that the person signed the packet;
475 (b) the person has not witnessed the signatures of those persons whose names appear in
476 the recall petition packet; or
477 (c) one or more persons whose signatures appear in the recall petition packet:
478 (i) is not registered to vote in Utah; and
479 (ii) does not intend to become registered to vote in Utah.
480 (3) It is unlawful for a person to:
481 (a) pay a person to sign a recall petition packet;
482 (b) pay a person to remove the person's signature from a recall petition packet;
483 (c) accept payment to sign a recall petition packet; or
484 (d) accept payment to have the person's name removed from a recall petition packet.
485 (4) A violation of this section is a class A misdemeanor.