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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to statewide and local
10 initiatives and referenda.
11 Highlighted Provisions:
12 This bill:
13 ▸ imposes requirements on signature gatherers and provides penalties for violation of
14 those requirements;
15 ▸ modifies the form for signature sheets and the verification of signature packets;
16 ▸ requires the sponsors of an initiative to:
17 • send certain information via email to an individual who signs a petition if the
18 individual provides an email address; and
19 • sign a verification that the sponsor complied with the email requirement;
20 ▸ removes the requirement to include a copy of the initiative or referendum in a
21 signature packet and, instead, requires a signature gatherer to, before collecting a
22 signature, present to the individual a printed or digital copy of the initiative or
23 referendum and wait for the individual to read the initiative or referendum;
24 ▸ requires the lieutenant governor or a local clerk to post certain information on the
25 lieutenant governor's or clerk's website regarding an initiative or referendum;
26 ▸ clarifies requirements for review of an application to determine referability to
27 voters; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 20A-1-609, as last amended by Laws of Utah 2020, Chapter 31
36 20A-7-203, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
37 20A-7-204, as last amended by Laws of Utah 2017, Chapter 291
38 20A-7-206, as last amended by Laws of Utah 2020, Chapters 166 and 349
39 20A-7-303, as last amended by Laws of Utah 2019, Chapter 210
40 20A-7-304, as last amended by Laws of Utah 1995, Chapter 153
41 20A-7-306, as last amended by Laws of Utah 2020, Chapter 166
42 20A-7-502.7, as enacted by Laws of Utah 2019, Chapter 203
43 20A-7-503, as last amended by Laws of Utah 2017, Chapter 291
44 20A-7-504, as last amended by Laws of Utah 2019, Chapter 203
45 20A-7-506, as last amended by Laws of Utah 2019, Chapters 203 and 255
46 20A-7-602.7, as enacted by Laws of Utah 2019, Chapter 203
47 20A-7-602.8, as enacted by Laws of Utah 2019, Chapter 203
48 20A-7-603, as last amended by Laws of Utah 2019, Chapter 203
49 20A-7-604, as last amended by Laws of Utah 2019, Chapter 203
50 20A-7-606, as last amended by Laws of Utah 2019, Chapter 255
51 ENACTS:
52 20A-7-104, Utah Code Annotated 1953
53 20A-7-202.7, Utah Code Annotated 1953
54 20A-7-304.5, Utah Code Annotated 1953
55 20A-7-502.6, Utah Code Annotated 1953
56 20A-7-604.5, Utah Code Annotated 1953
57 Utah Code Sections Affected by Coordination Clause:
58 20A-7-203, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
59 20A-7-204, as last amended by Laws of Utah 2017, Chapter 291
60 20A-7-303, as last amended by Laws of Utah 2019, Chapter 210
61 20A-7-304, as last amended by Laws of Utah 1995, Chapter 153
62 20A-7-503, as last amended by Laws of Utah 2017, Chapter 291
63 20A-7-504, as last amended by Laws of Utah 2019, Chapter 203
64 20A-7-603, as last amended by Laws of Utah 2019, Chapter 203
65 20A-7-604, as last amended by Laws of Utah 2019, Chapter 203
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 20A-1-609 is amended to read:
69 20A-1-609. Omnibus penalties.
70 (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
71 this title is guilty of a class B misdemeanor.
72 (b) Subsection (1)(a) does not apply to a provision of this title for which another
73 penalty is expressly stated.
74 (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
75 referendum, falsely making the statement described in Subsection 20A-7-203(2)[
76 20A-7-303(2)[
77 (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
78 convicted of any offense under this title may not:
79 (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
80 for any office during the election cycle in which the violation occurred;
81 (b) take or hold the office to which the individual was elected; and
82 (c) receive the emoluments of the office to which the individual was elected.
83 (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
84 at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
85 20A-2-101.5.
86 (b) Any person may challenge the right to vote of a person described in Subsection
87 (3)(a) by following the procedures and requirements of Section 20A-3a-803.
88 Section 2. Section 20A-7-104 is enacted to read:
89 20A-7-104. Signature gatherers -- Payments -- Badges -- Information --
90 Requirement to provide initiative or referendum for review.
91 (1) A person may not pay a person to gather signatures under this chapter based on a
92 rate per signature, on a rate per verified signature, or on the initiative or referendum qualifying
93 for the ballot.
94 (2) A person that pays a person to gather signatures under this section shall base the
95 payment solely on an hourly rate.
96 (3) A person may not accept payment made in violation of this section.
97 (4) An individual who is paid to gather signatures for a petition described in this
98 chapter shall, while gathering signatures, wear a badge on the front of the individual's torso that
99 complies with the following, ensuring that the information on the badge is clearly visible to the
100 individual from whom a signature is sought:
101 (a) the badge shall be printed in black ink on white cardstock and laminated; and
102 (b) the information on the badge shall be in at least 24-point type and include the
103 following information:
104 (i) an identification number that is unique to the individual gathering signatures,
105 assigned by:
106 (A) for a statewide initiative or referendum, the lieutenant governor; or
107 (B) for a local initiative or referendum, the local clerk;
108 (ii) the title of the initiative or referendum;
109 (iii) the words "Paid Signature Gatherer"; and
110 (iv) the name of the entity paying the signature gatherer.
111 (5) Except as provided in Subsection (6)(b), an individual who gathers signatures under
112 this chapter shall provide a paper document to each individual who signs the petition that:
113 (a) is printed in black ink on white paper, white cardstock, or a white sticker, in at least
114 12-point type; and
115 (b) (i) for an initiative, includes the name of the initiative and the following statement:
116 "You may view the initiative, its fiscal impact, and information on removing your
117 signature from the petition at [list a uniform resource locator that links directly to the
118 information described in Section 20A-7-202.7 or 20A-7-502.6, as applicable]."; or
119 (ii) for a referendum, includes the name of the referendum and the following statement:
120 "You may view the referendum and information on removing your signature from the
121 petition at [list a uniform resource locator that links directly to the information described in
122 Section 20A-7-304.5 or 20A-7-604.5, as applicable]."
123 (6) An individual who gathers signatures under this chapter:
124 (a) shall, before collecting a signature from an individual, present to the individual a
125 printed or digital copy of the initiative or referendum and wait for the individual to read the
126 initiative or referendum; and
127 (b) is not required to provide the document described in Subsection (5) if, after the
128 individual offers to provide the document, the individual who signs the petition declines to
129 accept the document.
130 (7) A person who violates this section is guilty of a class B misdemeanor.
131 Section 3. Section 20A-7-202.7 is enacted to read:
132 20A-7-202.7. Posting initiative information.
133 (1) Within one business day after the day on which the lieutenant governor receives the
134 initial fiscal impact statement under Subsection 20A-7-202.5(3)(a), the lieutenant governor
135 shall post the following information together in a conspicuous place on the lieutenant
136 governor's website:
137 (a) the initiative petition;
138 (b) the initiative;
139 (c) the fiscal impact statement; and
140 (d) information describing how an individual may remove the individual's signature
141 from the signature packet.
142 (2) The lieutenant governor shall:
143 (a) promptly update the information described in Subsection (1) if the information
144 changes; and
145 (b) maintain the information described in Subsection (1) on the lieutenant governor's
146 website until the initiative fails to qualify for the ballot or is passed or defeated at an election.
147 Section 4. Section 20A-7-203 is amended to read:
148 20A-7-203. Form of initiative petition and signature sheets.
149 (1) (a) Each proposed initiative petition shall be printed in substantially the following
150 form:
151 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
152 We, the undersigned citizens of Utah, respectfully demand that the following proposed
153 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
154 regular general election/session to be held/ beginning on _________(month\day\year);
155 Each signer says:
156 I have personally signed this petition;
157 I am registered to vote in Utah or intend to become registered to vote in Utah before the
158 certification of the petition names by the county clerk; and
159 My residence and post office address are written correctly after my name.
160 NOTICE TO SIGNERS:
161 Public hearings to discuss this petition were held at: (list dates and locations of public
162 hearings.)".
163 (b) If the initiative petition proposes a tax increase, the following statement shall
164 appear, in at least 14-point, bold type, immediately following the information described in
165 Subsection (1)(a):
166 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
167 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
168 percent increase in the current tax rate."
169 (c) The sponsors of an initiative shall attach a copy of the proposed law to each
170 initiative petition.
171 (2) Each signature sheet shall:
172 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
173 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
174 that line blank for the purpose of binding;
175 (c) [
176 least 14-point, bold type;
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199 (d) include a table immediately below the title of the initiative, and beginning .5 inch
200 from the left side of the paper, as follows:
201 (i) the first column shall be .5 inch wide and include three rows;
202 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
203 Office Use Only" in 10-point type;
204 (iii) the second row of the first column shall be .35 inch tall;
205 (iv) the third row of the first column shall be .5 inch tall;
206 (v) the second column shall be 2.75 inches wide;
207 (vi) the first row of the second column shall be .35 inch tall and contain the words
208 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
209 (vii) the second row of the second column shall be .5 inch tall;
210 (viii) the third row of the second column shall be .35 inch tall and contain the words
211 "Street Address, City, Zip Code" in 10-point type;
212 (ix) the fourth row of the second column shall be .5 inch tall;
213 (x) the third column shall be 2.75 inches wide;
214 (xi) the first row of the third column shall be .35 inch tall and contain the words
215 "Signature of Registered Voter" in 10-point type;
216 (xii) the second row of the third column shall be .5 inch tall;
217 (xiii) the third row of the third column shall be .35 inch tall and contain the words
218 "Email Address (optional, to receive additional information)" in 10-point type;
219 (xiv) the fourth row of the third column shall be .5 inch tall;
220 (xv) the fourth column shall be one inch wide;
221 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
222 "Date Signed" in 10-point type;
223 (xvii) the second row of the fourth column shall be .5 inch tall;
224 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
225 "Birth Date or Age (optional)" in 10-point type;
226 (xix) the fourth row of the third column shall be .5 inch tall; and
227 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
228 and contain the following statement, "By signing this petition, you are stating that you have
229 read and understand the law proposed by this petition." in 12-point type;
230 (e) the table described in Subsection (2)(d) shall be repeated, leaving sufficient room at
231 the bottom of the sheet for the information described in Subsection (2)(f); and
232 (f) at the bottom of the sheet, [
233 (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
234 [
235 (ii) except as provided in Subsection (4), the initial fiscal impact estimate's summary
236 statement issued by the Office of the Legislative Fiscal Analyst in accordance with Subsection
237 20A-7-202.5(2)(a), including any update in accordance with Subsection 20A-7-204.1(5), in not
238 less than 12-point[
239 (iii) if the initiative petition proposes a tax increase, the following statement in
240 12-point, bold type:
241 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
242 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
243 percent increase in the current tax rate."; and
244 [
245 statement in not less than eight-point type:
246 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
247 other than the individual's own name, or to knowingly sign the individual's name more than
248 once for the same measure, or to sign an initiative petition when the individual knows that the
249 individual is not a registered voter and knows that the individual does not intend to become
250 registered to vote before the certification of the petition names by the county clerk.[
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252 Birth date or age information is not required, but it may be used to verify your identity
253 with voter registration records. If you choose not to provide it, your signature may not be
254 verified as a valid signature if you change your address before petition signatures are verified
255 or if the information you provide does not match your voter registration records."[
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261 (3) The final page of each initiative packet shall contain the following printed or typed
262 statement:
263 [
264 State of Utah, County of ____
265 I, _______________, of ____, hereby state, under penalty of perjury, that:
266 I am a resident of Utah and am at least 18 years old;
267 All the names that appear in this packet were signed by individuals who professed to be
268 the individuals whose names appear in it, and each of the individuals signed the individual's
269 name on it in my presence;
270 I believe that each individual has printed and signed the individual's name and written
271 the individual's post office address and residence correctly, that each signer has read and
272 understands the law proposed by the initiative, and that each signer is registered to vote in Utah
273 or intends to become registered to vote before the certification of the petition names by the
274 county clerk.
275 Each individual who signed the packet wrote the correct date of signature next to the
276 individual's name.
277 I have not paid or given anything of value to any individual who signed this petition to
278 encourage that individual to sign it.
279 ________________________________________________________________________
280 (Name) (Residence Address) (Date)[
281 (4) If the initial fiscal impact estimate described in Subsection (2)(f), as updated in
282 accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the Legislative
283 Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on a
284 signature sheet, that does not exceed 200 words.
285 (5) If the forms described in this section are substantially followed, the initiative
286 petitions are sufficient, notwithstanding clerical and merely technical errors.
287 Section 5. Section 20A-7-204 is amended to read:
288 20A-7-204. Circulation requirements -- Lieutenant governor to provide sponsors
289 with materials.
290 (1) In order to obtain the necessary number of signatures required by this part, the
291 sponsors shall circulate initiative packets that meet the form requirements of this part.
292 (2) The lieutenant governor shall furnish to the sponsors:
293 (a) a copy of the initiative petition, with any change submitted under Subsection
294 20A-7-204.1(5); and
295 (b) one signature sheet.
296 (3) The sponsors of the petition shall:
297 (a) arrange and pay for the printing of all additional copies of the petition and signature
298 sheets; and
299 (b) ensure that the copies of the petition and signature sheets meet the form
300 requirements of this section.
301 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
302 initiative packets.
303 (b) The sponsors shall create [
304 petition[
305 [
306 (c) The sponsors need not attach a uniform number of signature sheets to each
307 initiative packet.
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310 (5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
311 (i) contact the lieutenant governor's office to receive a range of numbers that the
312 sponsors may use to number signature packets; and
313 (ii) number each signature packet, sequentially, within the range of numbers provided
314 by the lieutenant governor's office, starting with the lowest number in the range.
315 (b) The sponsors or an agent of the sponsors may not:
316 (i) number a signature packet in a manner not directed by the lieutenant governor's
317 office; or
318 (ii) circulate or submit a signature packet that is not numbered in the manner directed
319 by the lieutenant governor's office.
320 [
321 under Subsection (5)(a).
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325 Section 6. Section 20A-7-206 is amended to read:
326 20A-7-206. Submitting the initiative petition -- Certification of signatures by the
327 county clerks -- Transfer to lieutenant governor.
328 (1) (a) In order to qualify an initiative petition for placement on the regular general
329 election ballot, the sponsors, or an agent of the sponsors, shall deliver a signed and verified
330 initiative packet to the county clerk of the county in which the packet was circulated before 5
331 p.m. no later than the earlier of:
332 (i) 30 days after the day on which the first individual signs the initiative packet;
333 (ii) 316 days after the day on which the application for the initiative petition is filed; or
334 (iii) the February 15 immediately before the next regular general election immediately
335 after the application is filed under Section 20A-7-202.
336 (b) A [
337 in Subsection (1)(a).
338 (c) Before delivering a packet to the county clerk under Subsection (1), the sponsors
339 shall send an email to each individual who provides a legible, valid email address on the form
340 described in Subsection 20A-7-203(2)(d) that includes the following:
341 (i) the subject of the email shall include the following statement, "Notice Regarding
342 Your Petition Signature";
343 (ii) the body of the email shall include the following statement in 12-point type:
344 "You signed a petition for the following initiative:
345 [insert title of initiative]
346 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
347 information on the deadline for removing your signature from the petition, please visit the
348 following link: [insert a uniform resource locator that takes the individual directly to the page
349 on the lieutenant governor's website that includes the information referred to in the email]."
350 (d) When the sponsors submit the final signature packet to the county clerk, the
351 sponsors shall submit to the county clerk the following written verification, completed and
352 signed by each of the sponsors:
353 Verification of initiative sponsor
354 State of Utah, County of __________
355 I, ____________, of ____________, hereby state, under penalty of perjury, that:
356 I am a sponsor of the initiative petition entitled __________________________;
357 I sent, or caused to be sent, to each individual who provided a legible, valid email
358 address on a signature packet submitted to the county clerk in relation to the initiative petition,
359 the email described in Utah Code Subsection 20A-7-206(1)(c).
360 ____________________________________________________________________________
361 (Name)
362 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
363 comply with this Subsection (1).
364 (2) For an initiative packet received by the county clerk before December 1, the county
365 clerk shall, within 30 days after the day on which the county clerk receives the packet:
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;
369 (c) post the name and voter identification number of each registered voter certified
370 under Subsection (2)(b) in a conspicuous location on the county's website for at least 90 days;
371 and
372 (d) deliver the verified initiative packet to the lieutenant governor.
373 (3) For an initiative packet received by the county clerk on or after December 1, the
374 county clerk shall, within 21 days after the day on which the county clerk receives the packet:
375 (a) determine whether each signer is a registered voter according to the requirements of
376 Section 20A-7-206.3;
377 (b) certify on the petition whether each name is that of a registered voter;
378 (c) post the name and voter identification number of each registered voter certified
379 under Subsection (2)(b) in a conspicuous location on the county's website for at least 45 days;
380 and
381 (d) deliver the verified initiative packet to the lieutenant governor.
382 (4) Within seven days after timely receipt of a statement described in Subsection
383 20A-7-205(3), the county clerk shall:
384 (a) remove the voter's name and voter identification number from the posting described
385 in Subsection (2)(c) or (3)(c); and
386 (b) (i) remove the voter's signature from the signature packet totals; and
387 (ii) inform the lieutenant governor of the removal.
388 (5) The county clerk may not certify a signature under Subsection (2) or (3):
389 (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
390 (b) that does not have a date of signature next to the signature.
391 (6) In order to qualify an initiative petition for submission to the Legislature, the
392 sponsors shall deliver each signed and verified initiative packet to the county clerk of the
393 county in which the packet was circulated before 5 p.m. no later than the November 15 before
394 the next annual general session of the Legislature immediately after the application is filed
395 under Section 20A-7-202.
396 (7) The county clerk may not certify a signature under Subsection (8) on an initiative
397 packet that is not verified in accordance with Section 20A-7-205.
398 (8) No later than December 15 before the annual general session of the Legislature, the
399 county clerk shall, for an initiative described in Subsection (6):
400 (a) determine whether each signer is a registered voter according to the requirements of
401 Section 20A-7-206.3;
402 (b) certify on the petition whether each name is that of a registered voter; and
403 (c) deliver all of the verified initiative packets to the lieutenant governor.
404 (9) The sponsor or a sponsor's representative may not retrieve an initiative packet from
405 a county clerk after the initiative packet is submitted to the county clerk.
406 Section 7. Section 20A-7-303 is amended to read:
407 20A-7-303. Form of referendum petition and signature sheets.
408 (1) (a) Each proposed referendum petition shall be printed in substantially the
409 following form:
410 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
411 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
412 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
413 the part or parts on which the referendum is sought), passed by the ____ Session of the
414 Legislature of the state of Utah, be referred to the people of Utah for their approval or rejection
415 at a regular general election or a statewide special election;
416 Each signer says:
417 I have personally signed this petition;
418 I am registered to vote in Utah or intend to become registered to vote in Utah before the
419 certification of the petition names by the county clerk; and
420 My residence and post office address are written correctly after my name."
421 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
422 referendum to each referendum petition.
423 (2) Each signature sheet shall:
424 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
425 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
426 that line blank for the purpose of binding;
427 (c) [
428 least 14-point, bold type;
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467 (d) include a table immediately below the title of the referendum, and beginning .5 inch
468 from the left side of the paper, as follows:
469 (i) the first column shall be .5 inch wide and include three rows;
470 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
471 Office Use Only" in 10-point type;
472 (iii) the second row of the first column shall be .35 inch tall;
473 (iv) the third row of the first column shall be .5 inch tall;
474 (v) the second column shall be 2.75 inches wide;
475 (vi) the first row of the second column shall be .35 inch tall and contain the words
476 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
477 (vii) the second row of the second column shall be .5 inch tall;
478 (viii) the third row of the second column shall be .35 inch tall and contain the words
479 "Street Address, City, Zip Code" in 10-point type;
480 (ix) the fourth row of the second column shall be .5 inch tall;
481 (x) the third column shall be 2.75 inches wide;
482 (xi) the first row of the third column shall be .35 inch tall and contain the words
483 "Signature of Registered Voter" in 10-point type;
484 (xii) the second row of the third column shall be .5 inch tall;
485 (xiii) the third row of the third column shall be .35 inch tall and contain the words
486 "Email Address (optional, to receive additional information)" in 10-point type;
487 (xiv) the fourth row of the third column shall be .5 inch tall;
488 (xv) the fourth column shall be one inch wide;
489 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
490 "Date Signed" in 10-point type;
491 (xvii) the second row of the fourth column shall be .5 inch tall;
492 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
493 "Birth Date or Age (optional)" in 10-point type;
494 (xix) the fourth row of the third column shall be .5 inch tall; and
495 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
496 and contain the following words "By signing this petition, you are stating that you have read
497 and understand the law that this petition seeks to overturn." in 12-point type;
498 (e) the table described in Subsection (2)(d) shall be repeated, leaving sufficient room at
499 the bottom of the sheet for the information described in Subsection (2)(f); and
500 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
501 followed by the following statement in not less than eight-point type:
502 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
503 other than the individual's own name, or to knowingly sign the individual's name more than
504 once for the same measure, or to sign a referendum petition when the individual knows that the
505 individual is not a registered voter and knows that the individual does not intend to become
506 registered to vote before the certification of the petition names by the county clerk.
507 Birth date or age information is not required, but it may be used to verify your identity
508 with voter registration records. If you choose not to provide it, your signature may not be
509 verified as a valid signature if you change your address before petition signatures are verified
510 or if the information you provide does not match your voter registration records."
511 (3) The final page of each referendum packet shall contain the following printed or
512 typed statement:
513 [
514 State of Utah, County of ____
515 I, _______________, of ____, hereby state, under penalty of perjury, that:
516 I am a Utah resident and am at least 18 years old;
517 All the names that appear in this packet were signed by individuals who professed to be
518 the individuals whose names appear in it, and each of the individuals signed the individual's
519 name on it in my presence;
520 I believe that each individual has printed and signed the individual's name and written
521 the individual's post office address and residence correctly, that each signer has read and
522 understands the law that the referendum seeks to overturn, and that each signer is registered to
523 vote in Utah or intends to become registered to vote before the certification of the petition
524 names by the county clerk.
525 Each individual who signed the packet wrote the correct date of signature next to the
526 individual's name.
527 I have not paid or given anything of value to any individual who signed this petition to
528 encourage that individual to sign it.
529 ________________________________________________________________________
530 (Name) (Residence Address) (Date)[
531 (4) If the forms described in this section are substantially followed, the referendum
532 petitions are sufficient, notwithstanding clerical and merely technical errors.
533 Section 8. Section 20A-7-304 is amended to read:
534 20A-7-304. Circulation requirements -- Lieutenant governor to provide sponsors
535 with materials.
536 (1) In order to obtain the necessary number of signatures required by this part, the
537 sponsors shall circulate referendum packets that meet the form requirements of this part.
538 (2) The lieutenant governor shall furnish to the sponsors:
539 (a) a copy of the referendum petition; and
540 (b) a signature sheet.
541 (3) The sponsors of the petition shall:
542 (a) arrange and pay for the printing of all additional copies of the petition and signature
543 sheets; and
544 (b) ensure that the copies of the petition and signature sheets meet the form
545 requirements of this section.
546 (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
547 referendum packets.
548 (b) The sponsors shall create [
549 petition[
550 signature sheets together at the top [
551 opened for signing.
552 (c) The sponsors need not attach a uniform number of signature sheets to each
553 referendum packet.
554 [
555
556 (5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
557 (i) contact the lieutenant governor's office to receive a range of numbers that the
558 sponsors may use to number signature packets; and
559 (ii) number each signature packet, sequentially, within the range of numbers provided
560 by the lieutenant governor's office, starting with the lowest number in the range.
561 (b) The sponsors or an agent of the sponsors may not:
562 (i) number a signature packet in a manner not directed by the lieutenant governor's
563 office; or
564 (ii) circulate or submit a signature packet that is not numbered in the manner directed
565 by the lieutenant governor's office.
566 [
567 under Subsection (5)(a).
568 [
569
570 [
571 Section 9. Section 20A-7-304.5 is enacted to read:
572 20A-7-304.5. Posting referendum information.
573 (1) On the day on which the lieutenant governor complies with Subsection
574 20A-7-304(2), the lieutenant governor shall post the following information together in a
575 conspicuous place on the lieutenant governor's website:
576 (a) the referendum petition;
577 (b) the referendum; and
578 (c) information describing how an individual may remove the individual's signature
579 from the signature packet.
580 (2) The lieutenant governor shall:
581 (a) promptly update the information described in Subsection (1) if the information
582 changes; and
583 (b) maintain the information described in Subsection (1) on the lieutenant governor's
584 website until the referendum fails to qualify for the ballot or is passed or defeated at an
585 election.
586 Section 10. Section 20A-7-306 is amended to read:
587 20A-7-306. Submitting the referendum petition -- Certification of signatures by
588 the county clerks -- Transfer to lieutenant governor.
589 (1) (a) The sponsors, or the agent of the sponsors, shall deliver a signed and verified
590 referendum packet to the county clerk of the county in which the packet was circulated before 5
591 p.m. no later than the earlier of:
592 (i) 14 days after the day on which the first individual signs the referendum packet; or
593 (ii) 40 days after the day on which the legislative session at which the law passed ends.
594 (b) A [
595 described in Subsection (1)(a).
596 (2) (a) No later than 14 days after the day on which the county clerk receives a verified
597 referendum packet, the county clerk shall:
598 (i) check the name of each individual who completes the verification on the last page
599 of each referendum packet to determine whether the individual is a resident of Utah and is at
600 least 18 years old; and
601 (ii) submit the name of each individual who is not a Utah resident or who is not at least
602 18 years old to the attorney general and county attorney.
603 (b) The county clerk may not certify a signature under Subsection (3):
604 (i) on a referendum packet that is not verified in accordance with Section 20A-7-305;
605 or
606 (ii) that does not have a date of signature next to the signature.
607 (3) No later than 14 days after the day on which the county clerk receives a verified
608 referendum packet, the county clerk shall:
609 (a) determine whether each signer is a registered voter according to the requirements of
610 Section 20A-7-306.3;
611 (b) certify on the referendum petition whether each name is that of a registered voter;
612 (c) post the name and voter identification number of each registered voter certified
613 under Subsection (3)(b) in a conspicuous location on the county's website for at least 45 days;
614 and
615 (d) deliver the verified referendum packet to the lieutenant governor.
616 (4) The county clerk shall, after timely receipt of a statement requesting signature
617 removal under Subsection 20A-7-305(3), remove the voter's name and voter identification
618 number from the posting described in Subsection (3)(c), and notify the lieutenant governor's
619 office of the removal, the earlier of:
620 (a) within two business days after the day on which the [
621 receives the statement; or
622 (b) 99 days after the day on which the legislative session at which the law passed ends.
623 (5) The sponsor or a sponsor's representative may not retrieve a referendum packet
624 from a county clerk after the referendum packet is submitted to the county clerk.
625 Section 11. Section 20A-7-502.6 is enacted to read:
626 20A-7-502.6. Posting initiative information.
627 (1) Within one business day after the day on which the local clerk's office receives the
628 initial fiscal impact estimate under Subsection 20A-7-502.5(4)(a), the local clerk shall post the
629 following information together in a conspicuous place on the local clerk's website:
630 (a) the initiative petition;
631 (b) the initiative;
632 (c) the fiscal impact estimate; and
633 (d) information describing how an individual may remove the individual's signature
634 from the signature packet.
635 (2) The local clerk shall:
636 (a) promptly update the information described in Subsection (1) if the information
637 changes; and
638 (b) maintain the information described in Subsection (1) on the local clerk's website
639 until the initiative fails to qualify for the ballot or is passed or defeated at an election.
640 Section 12. Section 20A-7-502.7 is amended to read:
641 20A-7-502.7. Referability to voters.
642 (1) Within 20 days after the day on which an eligible voter files an application to
643 circulate an initiative petition under Section 20A-7-502, counsel for the county, city, town, or
644 metro township to which the initiative pertains shall:
645 (a) review the proposed law in the initiative application to determine whether the law is
646 legally referable to voters; and
647 (b) notify the first three sponsors, in writing, whether the proposed law is:
648 (i) legally referable to voters; or
649 (ii) rejected as not legally referable to voters.
650 (2) A proposed law in an initiative application is legally referable to voters unless:
651 (a) the proposed law is patently unconstitutional;
652 (b) the proposed law is nonsensical;
653 (c) the proposed law is administrative, rather than legislative, in nature;
654 (d) the proposed law could not become law if passed;
655 (e) the proposed law contains more than one subject as evaluated in accordance with
656 Subsection 20A-7-502(3);
657 (f) the subject of the proposed law is not clearly expressed in the law's title;
658 (g) the proposed law is identical or substantially similar to a legally referable proposed
659 law sought by an initiative application submitted to the local clerk, under Section 20A-7-502,
660 within two years before the day on which the application for the current proposed initiative is
661 filed; or
662 (h) the application for the proposed law was not timely filed or does not comply with
663 the requirements of this part.
664 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
665 or metro township may not:
666 (a) reject a proposed initiative as not legally referable to voters; or
667 (b) bring a legal action, other than to appeal a court decision, challenging a proposed
668 initiative on the grounds that the proposed initiative is not legally referable to voters.
669 (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
670 the proposed initiative may, within 10 days after the day on which a sponsor is notified under
671 Subsection (1)(b), appeal the decision to:
672 (a) district court; or
673 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
674 (5) If, on appeal, the court determines that the law proposed in the initiative petition is
675 legally referable to voters, the local clerk shall comply with Subsection 20A-7-504(2) within
676 five days after the day on which the determination, and any appeal of the determination, is
677 final.
678 Section 13. Section 20A-7-503 is amended to read:
679 20A-7-503. Form of initiative petitions and signature sheets.
680 (1) (a) Each proposed initiative petition shall be printed in substantially the following
681 form:
682 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
683 Clerk:
684 We, the undersigned citizens of Utah, respectfully demand that the following proposed
685 law be submitted to: the legislative body for its approval or rejection at its next meeting; and
686 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
687 no action on it.
688 Each signer says:
689 I have personally signed this petition;
690 I am registered to vote in Utah or intend to become registered to vote in Utah before the
691 certification of the petition names by the county clerk; and
692 My residence and post office address are written correctly after my name."
693 (b) If the initiative petition proposes a tax increase, the following statement shall
694 appear, in at least 14-point, bold type, immediately following the information described in
695 Subsection (1)(a):
696 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
697 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
698 percent increase in the current tax rate."
699 (c) The sponsors of an initiative shall attach a copy of the proposed law to each
700 initiative petition.
701 (2) Each signature sheet shall:
702 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
703 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
704 that line blank for the purpose of binding;
705 (c) [
706 least 14-point, bold type;
707 [
708 [
709
710
711
712 [
713
714 [
715
716 [
717
718 [
719
720 [
721
722
723 [
724
725 (d) include a table immediately below the title of the initiative, and beginning .5 inch
726 from the left side of the paper, as follows:
727 (i) the first column shall be .5 inch wide and include three rows;
728 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
729 Office Use Only" in 10-point type;
730 (iii) the second row of the first column shall be .35 inch tall;
731 (iv) the third row of the first column shall be .5 inch tall;
732 (v) the second column shall be 2.75 inches wide;
733 (vi) the first row of the second column shall be .35 inch tall and contain the words
734 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
735 (vii) the second row of the second column shall be .5 inch tall;
736 (viii) the third row of the second column shall be .35 inch tall and contain the words
737 "Street Address, City, Zip Code" in 10-point type;
738 (ix) the fourth row of the second column shall be .5 inch tall;
739 (x) the third column shall be 2.75 inches wide;
740 (xi) the first row of the third column shall be .35 inch tall and contain the words
741 "Signature of Registered Voter" in 10-point type;
742 (xii) the second row of the third column shall be .5 inch tall;
743 (xiii) the third row of the third column shall be .35 inch tall and contain the words
744 "Email Address (optional, to receive additional information)" in 10-point type;
745 (xiv) the fourth row of the third column shall be .5 inch tall;
746 (xv) the fourth column shall be one inch wide;
747 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
748 "Date Signed" in 10-point type;
749 (xvii) the second row of the fourth column shall be .5 inch tall;
750 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
751 "Birth Date or Age (optional)" in 10-point type;
752 (xix) the fourth row of the third column shall be .5 inch tall; and
753 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
754 and contain the following words "By signing this petition, you are stating that you have read
755 and understand the law proposed by this petition." in 12-point type;
756 (e) the table described in Subsection (2)(d) shall be repeated, leaving sufficient room at
757 the bottom of the sheet for the information described in Subsection (2)(f); and
758 (f) at the bottom of the sheet, [
759 (i) the words "Fiscal impact of" followed by the title of the initiative, in at least
760 [
761 (ii) the initial fiscal impact estimate's summary statement issued by the budget officer
762 in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
763 distributing information related to the initiative petition in accordance with Subsection
764 20A-7-502.5(3), in not less than 12-point, bold type;
765 (iii) if the initiative petition proposes a tax increase, the following statement in
766 12-point, bold type:
767 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
768 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
769 percent increase in the current tax rate."; and
770 [
771 statement in not less than eight-point type:
772 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
773 other than the individual's own name, or to knowingly sign the individual's name more than
774 once for the same measure, or to sign an initiative petition when the individual knows that the
775 individual is not a registered voter and knows that the individual does not intend to become
776 registered to vote before the certification of the petition names by the county clerk.[
777
778 Birth date or age information is not required, but it may be used to verify your identity
779 with voter registration records. If you choose not to provide it, your signature may not be
780 verified as a valid signature if you change your address before petition signatures are verified
781 or if the information you provide does not match your voter registration records."[
782 [
783
784 [
785
786
787 (3) The final page of each initiative packet shall contain the following printed or typed
788 statement:
789 [
790 State of Utah, County of ____
791 I, _______________, of ____, hereby state that:
792 I am a resident of Utah and am at least 18 years old;
793 All the names that appear in this initiative packet were signed by the individuals who
794 professed to be the individuals whose names appear in it, and each of the individuals signed the
795 individual's name on it in my presence;
796 I believe that each individual has printed and signed the individual's name and written
797 the individual's post office address and residence correctly, and that each signer is registered to
798 vote in Utah or intends to become registered to vote before the certification of the petition
799 names by the county clerk.
800 [
801 ________________________________________________________________________
802 (Name)
803 (4) The forms prescribed in this section are not mandatory, and, if substantially
804 followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
805 errors.
806 Section 14. Section 20A-7-504 is amended to read:
807 20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
808 materials.
809 (1) In order to obtain the necessary number of signatures required by this part, the
810 sponsors shall, after the sponsors receive the documents described in Subsections (2)(a) and (b)
811 and Subsection 20A-7-401.5(4)(b), circulate initiative packets that meet the form requirements
812 of this part.
813 (2) Within five days after the day on which a county, city, town, metro township, or
814 court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
815 petition is legally referable to voters, the local clerk shall furnish to the sponsors:
816 (a) one copy of the initiative petition; and
817 (b) one signature sheet.
818 (3) The sponsors of the petition shall:
819 (a) arrange and pay for the printing of all additional copies of the petition and signature
820 sheets; and
821 (b) ensure that the copies of the petition and signature sheets meet the form
822 requirements of this section.
823 (4) (a) The sponsors may prepare the initiative for circulation by creating multiple
824 initiative packets.
825 (b) The sponsors shall create [
826 petition[
827 [
828 (c) The sponsors need not attach a uniform number of signature sheets to each
829 initiative packet.
830 (d) The sponsors shall include, with each packet, a copy of the proposition information
831 pamphlet provided to the sponsors under Subsection 20A-7-401.5(4)(b).
832 Section 15. Section 20A-7-506 is amended to read:
833 20A-7-506. Submitting the initiative petition -- Certification of signatures by the
834 county clerks -- Transfer to local clerk.
835 (1) (a) The sponsors, or an agent of the sponsors, shall deliver each signed and verified
836 initiative packet to the county clerk of the county in which the packet was circulated before 5
837 p.m. the earlier of:
838 (i) for county initiatives:
839 (A) 316 days after the day on which the application is filed; or
840 (B) the April 15 immediately before the next regular general election immediately after
841 the application is filed under Section 20A-7-502; or
842 (ii) for municipal initiatives:
843 (A) 316 days after the day on which the application is filed; or
844 (B) the April 15 immediately before the next municipal general election immediately
845 after the application is filed under Section 20A-7-502.
846 (b) A [
847 established in this Subsection (1).
848 (c) Before delivering a packet to the county clerk under Subsection (1), the sponsors
849 shall send an email to each individual who provides a legible, valid email address on the form
850 described in Subsection 20A-7-503(2)(d) that includes the following:
851 (i) the subject of the email shall include the following statement, "Notice Regarding
852 Your Petition Signature";
853 (ii) the body of the email shall include the following statement in 12-point type:
854 "You signed a petition for the following initiative:
855 [insert title of initiative]
856 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
857 information on the deadline for removing your signature from the petition, please visit the
858 following link: [insert a uniform resource locator that takes the individual directly to the page
859 on the county clerk's website that includes the information referred to in the email]."
860 (d) When the sponsors submit the final signature packet to the county clerk, the
861 sponsors shall submit to the county clerk the following written verification, completed and
862 signed by each of the sponsors:
863 Verification of initiative sponsor
864 State of Utah, County of __________
865 I, ____________, of ____________, hereby state, under penalty of perjury, that:
866 I am a sponsor of the initiative petition entitled __________________________;
867 I sent, or caused to be sent, to each individual who provided a legible, valid email
868 address on a signature packet submitted to the county clerk in relation to the initiative petition,
869 the email described in Utah Code Subsection 20A-7-506(1)(c).
870 ____________________________________________________________________________
871 (Name)
872 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
873 comply with this Subsection (1).
874 (2) The county clerk may not certify a signature under Subsection (3) on an initiative
875 packet that is not verified in accordance with Section 20A-7-505.
876 (3) No later than May 15, the county clerk shall:
877 (a) determine whether or not each signer is a voter according to the requirements of
878 Section 20A-7-506.3;
879 (b) certify on the petition whether or not each name is that of a voter; and
880 (c) deliver all of the verified packets to the local clerk.
881 Section 16. Section 20A-7-602.7 is amended to read:
882 20A-7-602.7. Referability to voters of local law other than land use law.
883 (1) Within 20 days after the day on which an eligible voter files an application to
884 circulate a referendum petition under Section 20A-7-602 for a local law other than a land use
885 law, counsel for the county, city, town, or metro township to which the referendum pertains
886 shall:
887 (a) review the application to determine whether the proposed referendum is legally
888 referable to voters; and
889 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
890 (i) legally referable to voters; or
891 (ii) rejected as not legally referable to voters.
892 (2) For a local law other than a land use law, a proposed referendum is legally referable
893 to voters unless:
894 (a) the proposed referendum challenges an action that is administrative, rather than
895 legislative, in nature;
896 (b) the proposed referendum challenges more than one law passed by the local
897 legislative body; or
898 (c) the application for the proposed referendum was not timely filed or does not
899 comply with the requirements of this part.
900 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
901 or metro township may not, for a local law other than a land use law:
902 (a) reject a proposed referendum as not legally referable to voters; or
903 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
904 proposed referendum on the grounds that the proposed referendum is not legally referable to
905 voters.
906 (4) (a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a
907 proposed referendum concerning a local law other than a land use law, a sponsor of the
908 proposed referendum may, within 10 days after the day on which a sponsor is notified under
909 Subsection (1)(b), challenge or appeal the decision to:
910 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
911 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
912 under Subsection (4)(a)(i).
913 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
914 (4)(a) terminates the referendum.
915 (5) If, on a challenge or appeal, the court determines that the proposed referendum
916 described in Subsection (4) is legally referable to voters, the local clerk shall comply with
917 Subsection 20A-7-604(2) within five days after the day on which the determination, and any
918 challenge or appeal of the determination, is final.
919 Section 17. Section 20A-7-602.8 is amended to read:
920 20A-7-602.8. Referability to voters of local land use law.
921 (1) Within 20 days after the day on which an eligible voter files an application to
922 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
923 county, city, town, or metro township to which the referendum pertains shall:
924 (a) review the application to determine whether the proposed referendum is legally
925 referable to voters; and
926 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
927 (i) legally referable to voters; or
928 (ii) rejected as not legally referable to voters.
929 (2) For a land use law, a proposed referendum is legally referable to voters unless:
930 (a) the proposed referendum challenges an action that is administrative, rather than
931 legislative, in nature;
932 (b) the proposed referendum challenges a land use decision, rather than a land use
933 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
934 (c) the proposed referendum challenges more than one law passed by the local
935 legislative body; or
936 (d) the application for the proposed referendum was not timely filed or does not
937 comply with the requirements of this part.
938 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
939 or metro township may not, for a land use law:
940 (a) reject a proposed referendum as not legally referable to voters; or
941 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
942 proposed referendum on the grounds that the proposed referendum is not legally referable to
943 voters.
944 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
945 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
946 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
947 to:
948 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
949 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
950 under Subsection (4)(a)(i).
951 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
952 (4)(a) terminates the referendum.
953 (5) If, on challenge or appeal, the court determines that the proposed referendum is
954 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(2) within
955 five days after the day on which the determination, and any challenge or appeal of the
956 determination, is final.
957 Section 18. Section 20A-7-603 is amended to read:
958 20A-7-603. Form of referendum petition and signature sheets.
959 (1) (a) Each proposed referendum petition shall be printed in substantially the
960 following form:
961 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
962 Recorder/Town Clerk:
963 We, the undersigned citizens of Utah, respectfully order that (description of local law or
964 portion of local law being challenged), passed by the ____ be referred to the voters for their
965 approval or rejection at the regular/municipal general election to be held on
966 __________(month\day\year);
967 Each signer says:
968 I have personally signed this petition;
969 The date next to my signature correctly reflects the date that I actually signed the
970 petition;
971 I have personally reviewed the entire statement included with this packet;
972 I am registered to vote in Utah or intend to become registered to vote in Utah before the
973 certification of the petition names by the county clerk; and
974 My residence and post office address are written correctly after my name."
975 (b) The sponsors of a referendum shall attach a copy of the law that is the subject of the
976 referendum to each referendum petition.
977 (2) Each signature sheet shall:
978 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
979 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
980 that line blank for the purpose of binding;
981 (c) [
982 least 14-point type;
983 [
984
985 [
986
987 [
988
989
990
991
992 [
993
994 [
995 [
996
997 [
998 [
999
1000 [
1001
1002 [
1003 [
1004
1005 [
1006
1007 [
1008 [
1009
1010 [
1011
1012
1013 [
1014
1015 [
1016
1017
1018
1019
1020 (d) include a table immediately below the title of the referendum, and beginning .5 inch
1021 from the left side of the paper, as follows:
1022 (i) the first column shall be .5 inch wide and include three rows;
1023 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1024 Office Use Only" in 10-point type;
1025 (iii) the second row of the first column shall be .35 inch tall;
1026 (iv) the third row of the first column shall be .5 inch tall;
1027 (v) the second column shall be 2.75 inches wide;
1028 (vi) the first row of the second column shall be .35 inch tall and contain the words
1029 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1030 (vii) the second row of the second column shall be .5 inch tall;
1031 (viii) the third row of the second column shall be .35 inch tall and contain the words
1032 "Street Address, City, Zip Code" in 10-point type;
1033 (ix) the fourth row of the second column shall be .5 inch tall;
1034 (x) the third column shall be 2.75 inches wide;
1035 (xi) the first row of the third column shall be .35 inch tall and contain the words
1036 "Signature of Registered Voter" in 10-point type;
1037 (xii) the second row of the third column shall be .5 inch tall;
1038 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1039 "Email Address (optional, to receive additional information)" in 10-point type;
1040 (xiv) the fourth row of the third column shall be .5 inch tall;
1041 (xv) the fourth column shall be one inch wide;
1042 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1043 "Date Signed" in 10-point type;
1044 (xvii) the second row of the fourth column shall be .5 inch tall;
1045 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1046 "Birth Date or Age (optional)" in 10-point type;
1047 (xix) the fourth row of the third column shall be .5 inch tall; and
1048 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1049 and contain the following words, "By signing this petition, you are stating that you have read
1050 and understand the law that this petition seeks to overturn." in 12-point type;
1051 (e) the table described in Subsection (2)(d) shall be repeated, leaving sufficient room at
1052 the bottom of the sheet or the information described in Subsection (2)(f); and
1053 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
1054 followed by the following statement in not less than eight-point type:
1055 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
1056 other than the individual's own name, or to knowingly sign the individual's name more than
1057 once for the same measure, or to sign a referendum petition when the individual knows that the
1058 individual is not a registered voter and knows that the individual does not intend to become
1059 registered to vote before the certification of the petition names by the county clerk.
1060 Birth date or age information is not required, but it may be used to verify your identity
1061 with voter registration records. If you choose not to provide it, your signature may not be
1062 verified as a valid signature if you change your address before petition signatures are verified
1063 or if the information you provide does not match your voter registration records."
1064 (3) The final page of each referendum packet shall contain the following printed or
1065 typed statement:
1066 "Verification of signature collector
1067 State of Utah, County of ____
1068 I, _______________, of ____, hereby state that:
1069 I am a resident of Utah and am at least 18 years old;
1070 All the names that appear in this referendum packet were signed by individuals who
1071 professed to be the individuals whose names appear in it, and each of the individuals signed the
1072 individual's name on it in my presence;
1073 I did not knowingly make a misrepresentation of fact concerning the law this petition
1074 seeks to overturn;
1075 I believe that each individual has printed and signed the individual's name and written
1076 the individual's post office address and residence correctly, and that each signer is registered to
1077 vote in Utah or intends to become registered to vote before the certification of the petition
1078 names by the county clerk.
1079 [
1080 ________________________________________________________________________
1081 (Name)
1082 (4) The forms prescribed in this section are not mandatory, and, if substantially
1083 followed, the referendum petitions are sufficient, notwithstanding clerical and merely technical
1084 errors.
1085 Section 19. Section 20A-7-604 is amended to read:
1086 20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
1087 materials.
1088 (1) In order to obtain the necessary number of signatures required by this part, the
1089 sponsors shall, after the sponsors receive the documents described in Subsection (2) and
1090 Subsection 20A-7-401.5(4)(b), circulate referendum packets that meet the form requirements
1091 of this part.
1092 (2) Within five days after the day on which a county, city, town, metro township, or
1093 court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
1094 legally referable to voters, the local clerk shall furnish to the sponsors a copy of the referendum
1095 petition and a signature sheet.
1096 (3) The sponsors of the petition shall:
1097 (a) arrange and pay for the printing of all additional copies of the petition and signature
1098 sheets; and
1099 (b) ensure that the copies of the petition and signature sheets meet the form
1100 requirements of this section.
1101 (4) (a) The sponsors may prepare the referendum for circulation by creating multiple
1102 referendum packets.
1103 (b) The sponsors shall create [
1104 petition[
1105 signature sheets together at the top [
1106 opened for signing.
1107 (c) The sponsors need not attach a uniform number of signature sheets to each
1108 referendum packet.
1109 (d) The sponsors shall include, with each packet, a copy of the proposition information
1110 pamphlet provided to the sponsors under Subsection 20A-7-401.5(4)(b).
1111 Section 20. Section 20A-7-604.5 is enacted to read:
1112 20A-7-604.5. Posting referendum information.
1113 (1) On the day on which the local clerk complies with Subsection 20A-7-604(2), the
1114 local clerk shall post the following information together in a conspicuous place on the local
1115 clerk's website:
1116 (a) the referendum petition;
1117 (b) the referendum; and
1118 (c) information describing how an individual may remove the individual's signature
1119 from the signature packet.
1120 (2) The local clerk shall:
1121 (a) promptly update the information described in Subsection (1) if the information
1122 changes; and
1123 (b) maintain the information described in Subsection (1) on the local clerk's website
1124 until the referendum fails to qualify for the ballot or is passed or defeated at an election.
1125 Section 21. Section 20A-7-606 is amended to read:
1126 20A-7-606. Submitting the referendum petition -- Certification of signatures by
1127 the county clerks -- Transfer to local clerk.
1128 (1) (a) The sponsors, or an agent of the sponsors, shall deliver each signed and verified
1129 referendum packet to the county clerk of the county in which the packet was circulated before 5
1130 p.m. no later than 45 days after the day on which the sponsors receive the items described in
1131 Subsection 20A-7-604(2) from the local clerk.
1132 (b) A [
1133 established in this Subsection (1).
1134 (2) (a) No later than 15 days after the day on which a county clerk receives a
1135 referendum packet under Subsection (1)(a), the county clerk shall:
1136 (i) check the names of all persons completing the verification on the last page of each
1137 referendum packet to determine whether those persons are Utah residents and are at least 18
1138 years old; and
1139 (ii) submit the name of each of those persons who is not a Utah resident or who is not
1140 at least 18 years old to the attorney general and county attorney.
1141 (b) The county clerk may not certify a signature under Subsection (3) on a referendum
1142 packet that is not verified in accordance with Section 20A-7-605.
1143 (3) No later than 30 days after the day on which a county clerk receives a referendum
1144 packet under Subsection (1)(a), the county clerk shall:
1145 (a) determine whether each signer is a registered voter according to the requirements of
1146 Section 20A-7-606.3;
1147 (b) certify on the referendum petition whether each name is that of a registered voter;
1148 and
1149 (c) deliver all of the verified referendum packets to the local clerk.
1150 Section 22. Coordinating H.B. 136 with H.B. 211 -- Initiatives and referenda
1151 amendments -- substantive and technical amendments.
1152 If this H.B. 136 and H.B. 211, Initiatives and Referenda Amendments, both pass and
1153 become law, it is the intent of the Legislature that the Office of Legislative Research and
1154 General Counsel prepare the Utah Code database for publication as follows:
1155 (1) the changes to Section 20A-1-609 in H.B. 136 supersede the changes to Subsection
1156 20A-1-609 in H.B. 211;
1157 (2) the changes to Subsection 20A-7-203(2) in H.B. 136 supersede the changes to
1158 Subsection 20A-7-203(2) in H.B. 211;
1159 (3) by amending Subsection 20A-7-204(4)(b) to read:
1160 "(b) The sponsors or an agent of the sponsors shall create [
1161 by binding a copy of the initiative petition[
1162 signature sheets together at the top in [
1163 conveniently opened for signing.";
1164 (4) the changes to Subsection 20A-7-303(2) in H.B. 136 supersede the changes to
1165 Subsection 20A-7-303(2) in H.B. 211;
1166 (5) by amending Subsection 20A-7-304(4)(b) to read:
1167 "(b) The sponsors or an agent of the sponsors shall create [
1168 by binding a copy of the referendum [
1169
1170 that the packets may be conveniently opened for signing.";
1171 (6) the changes to Subsection 20A-7-503(2) in H.B. 136 supersede the changes to
1172 Subsection 20A-7-503(2) in H.B. 211;
1173 (7) by amending Subsection 20A-7-504(4)(b) to read:
1174 "(b) The sponsors or an agent of the sponsors shall create [
1175 binding a copy of the initiative petition[
1176 signature sheets together at the top in [
1177 conveniently opened for signing.";
1178 (8) the changes to Subsection 20A-7-603(2) in H.B. 136 supersede the changes to
1179 Subsection 20A-7-603(2) in H.B. 211; and
1180 (9) by amending Subsection 20A-7-604(4)(b) to read:
1181 "The sponsors or an agent of the sponsors shall create [
1182 binding a copy of the referendum petition[
1183
1184 that the packets may be conveniently opened for signing.".