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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to ballot measures.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ modifies provisions relating to a ballot title for a constitutional amendment;
14 ▸ establishes a process for the electronic collection of signatures, in the presence of a
15 signature gatherer using an approved device, as follows:
16 • for a statewide referendum, or a petition seeking the nomination of a registered
17 political party; or
18 • for a local initiative or a local referendum;
19 ▸ limits eligible signatures on a petition to registered voters;
20 ▸ modifies criminal provisions in relation to eligibility to sign a petition;
21 ▸ provides for the security of signatures and information collected in relation to
22 signatures; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
29 AMENDS:
30 10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385
31 11-14-301, as last amended by Laws of Utah 2021, Chapter 140
32 17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385
33 20A-1-306, as last amended by Laws of Utah 2019, Chapter 24
34 20A-1-609, as last amended by Laws of Utah 2021, Chapters 140 and 418
35 20A-7-101, as last amended by Laws of Utah 2021, Chapter 80
36 20A-7-103, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
37 20A-7-203, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
38 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
39 20A-7-204, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
40 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
41 20A-7-205, as last amended by Laws of Utah 2021, Chapter 140
42 20A-7-206, as last amended by Laws of Utah 2021, Chapters 140 and 418
43 20A-7-206.3, as last amended by Laws of Utah 2019, Chapter 210
44 20A-7-207, as last amended by Laws of Utah 2021, Chapter 140
45 20A-7-213, as last amended by Laws of Utah 2019, Chapter 210
46 20A-7-303, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
47 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
48 20A-7-304, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
49 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
50 20A-7-304.5, as enacted by Laws of Utah 2021, Chapter 418
51 20A-7-305, as last amended by Laws of Utah 2021, Chapter 140
52 20A-7-306, as last amended by Laws of Utah 2021, Chapters 140 and 418
53 20A-7-306.3, as last amended by Laws of Utah 2021, Chapter 140
54 20A-7-307, as last amended by Laws of Utah 2021, Chapter 140
55 20A-7-312, as last amended by Laws of Utah 2019, Chapter 210
56 20A-7-502.6, as enacted by Laws of Utah 2021, Chapter 418
57 20A-7-502.7, as last amended by Laws of Utah 2021, Chapter 418
58 20A-7-503, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
59 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
60 20A-7-504, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
61 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
62 20A-7-505, as last amended by Laws of Utah 2021, Chapter 140
63 20A-7-506, as last amended by Laws of Utah 2021, Chapters 140 and 418
64 20A-7-506.3, as last amended by Laws of Utah 2021, Chapter 140
65 20A-7-507, as last amended by Laws of Utah 2021, Chapter 140
66 20A-7-512, as last amended by Laws of Utah 2019, Chapter 203
67 20A-7-602.7, as last amended by Laws of Utah 2021, Chapter 418
68 20A-7-602.8, as last amended by Laws of Utah 2021, Chapter 418
69 20A-7-603, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
70 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
71 20A-7-604, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
72 amended by Coordination Clause, Laws of Utah 2021, Chapter 418
73 20A-7-604.5, as enacted by Laws of Utah 2021, Chapter 418
74 20A-7-605, as last amended by Laws of Utah 2021, Chapter 140
75 20A-7-606, as last amended by Laws of Utah 2021, Chapters 140 and 418
76 20A-7-606.3, as last amended by Laws of Utah 2021, Chapter 140
77 20A-7-607, as last amended by Laws of Utah 2021, Chapters 80 and 140
78 20A-7-611, as last amended by Laws of Utah 2021, Chapter 140
79 20A-7-612, as last amended by Laws of Utah 2019, Chapter 203
80 20A-7-613, as last amended by Laws of Utah 2021, Chapter 140
81 20A-9-101, as last amended by Laws of Utah 2020, Chapter 344
82 20A-9-403, as last amended by Laws of Utah 2020, Chapter 22
83 20A-9-405, as last amended by Laws of Utah 2018, Chapter 281
84 20A-9-408, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
85 ENACTS:
86 20A-7-215, Utah Code Annotated 1953
87 20A-7-216, Utah Code Annotated 1953
88 20A-7-217, Utah Code Annotated 1953
89 20A-7-313, Utah Code Annotated 1953
90 20A-7-314, Utah Code Annotated 1953
91 20A-7-315, Utah Code Annotated 1953
92 20A-7-514, Utah Code Annotated 1953
93 20A-7-515, Utah Code Annotated 1953
94 20A-7-516, Utah Code Annotated 1953
95 20A-7-614, Utah Code Annotated 1953
96 20A-7-615, Utah Code Annotated 1953
97 20A-7-616, Utah Code Annotated 1953
98 20A-21-101, Utah Code Annotated 1953
99 20A-21-201, Utah Code Annotated 1953
100
101 Be it enacted by the Legislature of the state of Utah:
102 Section 1. Section 10-9a-509 is amended to read:
103 10-9a-509. Applicant's entitlement to land use application approval --
104 Municipality's requirements and limitations -- Vesting upon submission of development
105 plan and schedule.
106 (1) (a) (i) An applicant who has submitted a complete land use application as described
107 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
108 review of the application under the land use regulations:
109 (A) in effect on the date that the application is complete; and
110 (B) applicable to the application or to the information shown on the application.
111 (ii) An applicant is entitled to approval of a land use application if the application
112 conforms to the requirements of the applicable land use regulations, land use decisions, and
113 development standards in effect when the applicant submits a complete application and pays
114 application fees, unless:
115 (A) the land use authority, on the record, formally finds that a compelling,
116 countervailing public interest would be jeopardized by approving the application and specifies
117 the compelling, countervailing public interest in writing; or
118 (B) in the manner provided by local ordinance and before the applicant submits the
119 application, the municipality formally initiates proceedings to amend the municipality's land
120 use regulations in a manner that would prohibit approval of the application as submitted.
121 (b) The municipality shall process an application without regard to proceedings the
122 municipality initiated to amend the municipality's ordinances as described in Subsection
123 (1)(a)(ii)(B) if:
124 (i) 180 days have passed since the municipality initiated the proceedings; and
125 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
126 application as submitted.
127 (c) A land use application is considered submitted and complete when the applicant
128 provides the application in a form that complies with the requirements of applicable ordinances
129 and pays all applicable fees.
130 (d) A subsequent incorporation of a municipality or a petition that proposes the
131 incorporation of a municipality does not affect a land use application approved by a county in
132 accordance with Section 17-27a-508.
133 (e) The continuing validity of an approval of a land use application is conditioned upon
134 the applicant proceeding after approval to implement the approval with reasonable diligence.
135 (f) A municipality may not impose on an applicant who has submitted a complete
136 application a requirement that is not expressed in:
137 (i) this chapter;
138 (ii) a municipal ordinance; or
139 (iii) a municipal specification for public improvements applicable to a subdivision or
140 development that is in effect on the date that the applicant submits an application.
141 (g) A municipality may not impose on a holder of an issued land use permit or a final,
142 unexpired subdivision plat a requirement that is not expressed:
143 (i) in a land use permit;
144 (ii) on the subdivision plat;
145 (iii) in a document on which the land use permit or subdivision plat is based;
146 (iv) in the written record evidencing approval of the land use permit or subdivision
147 plat;
148 (v) in this chapter; or
149 (vi) in a municipal ordinance.
150 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
151 of a certificate of occupancy or acceptance of subdivision improvements because of an
152 applicant's failure to comply with a requirement that is not expressed:
153 (i) in the building permit or subdivision plat, documents on which the building permit
154 or subdivision plat is based, or the written record evidencing approval of the land use permit or
155 subdivision plat; or
156 (ii) in this chapter or the municipality's ordinances.
157 (i) A municipality may not unreasonably withhold issuance of a certificate of
158 occupancy where an applicant has met all requirements essential for the public health, public
159 safety, and general welfare of the occupants, in accordance with this chapter, unless:
160 (i) the applicant and the municipality have agreed in a written document to the
161 withholding of a certificate of occupancy; or
162 (ii) the applicant has not provided a financial assurance for required and uncompleted
163 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
164 legislative body adopts under this chapter.
165 (2) A municipality is bound by the terms and standards of applicable land use
166 regulations and shall comply with mandatory provisions of those regulations.
167 (3) A municipality may not, as a condition of land use application approval, require a
168 person filing a land use application to obtain documentation regarding a school district's
169 willingness, capacity, or ability to serve the development proposed in the land use application.
170 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
171 which a subdivision plat is recorded, a municipality may not impose on a building permit
172 applicant for a single-family dwelling located within the subdivision any land use regulation
173 that is enacted within 10 years after the day on which the subdivision plat is recorded.
174 (b) Subsection (4)(a) does not apply to any changes in the requirements of the
175 applicable building code, health code, or fire code, or other similar regulations.
176 (5) Upon a specified public agency's submission of a development plan and schedule as
177 required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
178 specified public agency vests in the municipality's applicable land use maps, zoning map,
179 hookup fees, impact fees, other applicable development fees, and land use regulations in effect
180 on the date of submission.
181 (6) (a) If sponsors of a referendum timely challenge a project in accordance with
182 Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
183 approval by delivering a written notice:
184 (i) to the local clerk as defined in Section 20A-7-101; and
185 (ii) no later than seven days after the day on which a petition for a referendum is
186 determined sufficient under Subsection [
187 (b) Upon delivery of a written notice described in Subsection (6)(a) the following are
188 rescinded and are of no further force or effect:
189 (i) the relevant land use approval; and
190 (ii) any land use regulation enacted specifically in relation to the land use approval.
191 Section 2. Section 11-14-301 is amended to read:
192 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
193 under constitutional and statutory limitations.
194 (1) If the governing body has declared the bond proposition to have carried and no
195 contest has been filed, or if a contest has been filed and favorably terminated, the governing
196 body may proceed to issue the bonds voted at the election.
197 (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
198 otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
199 more than 10 years after the day on which the election is held.
200 (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
201 10-year period:
202 (i) an application for a referendum petition is filed with a local clerk, in accordance
203 with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or
204 (ii) the bonds are challenged in a court of law or an administrative proceeding in
205 relation to:
206 (A) the legality or validity of the bonds, or the election or proceedings authorizing the
207 bonds;
208 (B) the authority of the local political subdivision to issue the bonds;
209 (C) the provisions made for the security or payment of the bonds; or
210 (D) any other issue that materially and adversely affects the marketability of the bonds,
211 as determined by the individual or body that holds the executive powers of the local political
212 subdivision.
213 (c) For a bond described in this section that is approved by voters on or after May 8,
214 2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
215 later of the day on which:
216 (i) the local clerk determines that the petition is insufficient, in accordance with
217 Subsection [
218 [
219 (ii) a court determines, under Subsection [
220 petition for the referendum is not legally sufficient; or
221 (iii) for a referendum petition that is sufficient, the governing body declares, as
222 provided by law, the results of the referendum election on the local obligation law.
223 (d) For a bond described in this section that was approved by voters on or after May
224 14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
225 (i) if a county, city, town, metro township, or court determines, under Section
226 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
227 (A) the day on which the county, city, town, or metro township provides the notice
228 described in Subsection 20A-7-602.7(1)(b)(ii); or
229 (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
230 decision that the proposed referendum is not legally referable to voters becomes final; or
231 (ii) if a county, city, town, metro township, or court determines, under Section
232 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
233 (A) the day on which the local clerk determines, under Section 20A-7-607, that the
234 number of certified names is insufficient for the proposed referendum to appear on the ballot;
235 or
236 (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
237 names is sufficient for the proposed referendum to appear on the ballot, the day on which the
238 governing body declares, as provided by law, the results of the referendum election on the local
239 obligation law.
240 (e) A tolling period described in Subsection (2)(b)(ii) ends after:
241 (i) there is a final settlement, a final adjudication, or another type of final resolution of
242 all challenges described in Subsection (2)(b)(ii); and
243 (ii) the individual or body that holds the executive powers of the local political
244 subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
245 are resolved and final.
246 (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
247 (2) and, when the tolling ends and after giving effect to the tolling, the period of time
248 remaining to issue the bonds is less than one year, the period of time remaining to issue the
249 bonds shall be extended to one year.
250 (g) The tolling provisions described in this Subsection (2) apply to all bonds described
251 in this section that were approved by voters on or after May 8, 2002.
252 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
253 the indebtedness of the local political subdivision to exceed that permitted by the Utah
254 Constitution or statutes.
255 (b) In computing the amount of indebtedness that may be incurred pursuant to
256 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
257 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
258 of the taxable property in the local political subdivision, as computed from the last applicable
259 equalized assessment roll before the incurring of the additional indebtedness.
260 (c) In determining the fair market value of the taxable property in the local political
261 subdivision as provided in this section, the value of all tax equivalent property, as defined in
262 Section 59-3-102, shall be included as a part of the total fair market value of taxable property
263 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
264 Act.
265 (4) Bonds of improvement districts issued in a manner that they are payable solely
266 from the revenues to be derived from the operation of the facilities of the district may not be
267 included as bonded indebtedness for the purposes of the computation.
268 (5) Where bonds are issued by a city, town, or county payable solely from revenues
269 derived from the operation of revenue-producing facilities of the city, town, or county, or
270 payable solely from a special fund into which are deposited excise taxes levied and collected by
271 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
272 city, town, or county, or any combination of those excise taxes, the bonds shall be included as
273 bonded indebtedness of the city, town, or county only to the extent required by the Utah
274 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
275 town, or county need not be authorized at an election, except as otherwise provided by the Utah
276 Constitution, the bonds being hereby expressly excluded from the election requirement of
277 Section 11-14-201.
278 (6) A bond election is not void when the amount of bonds authorized at the election
279 exceeded the limitation applicable to the local political subdivision at the time of holding the
280 election, but the bonds may be issued from time to time in an amount within the applicable
281 limitation at the time the bonds are issued.
282 (7) (a) A local political subdivision may not receive, from the issuance of bonds
283 approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
284 maximum principal amount stated in the bond proposition.
285 (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
286 held after January 1, 2019.
287 Section 3. Section 17-27a-508 is amended to read:
288 17-27a-508. Applicant's entitlement to land use application approval --
289 Application relating to land in a high priority transportation corridor -- County's
290 requirements and limitations -- Vesting upon submission of development plan and
291 schedule.
292 (1) (a) (i) An applicant who has submitted a complete land use application, including
293 the payment of all application fees, is entitled to substantive review of the application under the
294 land use regulations:
295 (A) in effect on the date that the application is complete; and
296 (B) applicable to the application or to the information shown on the submitted
297 application.
298 (ii) An applicant is entitled to approval of a land use application if the application
299 conforms to the requirements of the applicable land use regulations, land use decisions, and
300 development standards in effect when the applicant submits a complete application and pays all
301 application fees, unless:
302 (A) the land use authority, on the record, formally finds that a compelling,
303 countervailing public interest would be jeopardized by approving the application and specifies
304 the compelling, countervailing public interest in writing; or
305 (B) in the manner provided by local ordinance and before the applicant submits the
306 application, the county formally initiates proceedings to amend the county's land use
307 regulations in a manner that would prohibit approval of the application as submitted.
308 (b) The county shall process an application without regard to proceedings the county
309 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
310 (i) 180 days have passed since the county initiated the proceedings; and
311 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
312 application as submitted.
313 (c) A land use application is considered submitted and complete when the applicant
314 provides the application in a form that complies with the requirements of applicable ordinances
315 and pays all applicable fees.
316 (d) The continuing validity of an approval of a land use application is conditioned upon
317 the applicant proceeding after approval to implement the approval with reasonable diligence.
318 (e) A county may not impose on an applicant who has submitted a complete
319 application a requirement that is not expressed:
320 (i) in this chapter;
321 (ii) in a county ordinance; or
322 (iii) in a county specification for public improvements applicable to a subdivision or
323 development that is in effect on the date that the applicant submits an application.
324 (f) A county may not impose on a holder of an issued land use permit or a final,
325 unexpired subdivision plat a requirement that is not expressed:
326 (i) in a land use permit;
327 (ii) on the subdivision plat;
328 (iii) in a document on which the land use permit or subdivision plat is based;
329 (iv) in the written record evidencing approval of the land use permit or subdivision
330 plat;
331 (v) in this chapter; or
332 (vi) in a county ordinance.
333 (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
334 certificate of occupancy or acceptance of subdivision improvements because of an applicant's
335 failure to comply with a requirement that is not expressed:
336 (i) in the building permit or subdivision plat, documents on which the building permit
337 or subdivision plat is based, or the written record evidencing approval of the building permit or
338 subdivision plat; or
339 (ii) in this chapter or the county's ordinances.
340 (h) A county may not unreasonably withhold issuance of a certificate of occupancy
341 where an applicant has met all requirements essential for the public health, public safety, and
342 general welfare of the occupants, in accordance with this chapter, unless:
343 (i) the applicant and the county have agreed in a written document to the withholding
344 of a certificate of occupancy; or
345 (ii) the applicant has not provided a financial assurance for required and uncompleted
346 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
347 legislative body adopts under this chapter.
348 (2) A county is bound by the terms and standards of applicable land use regulations and
349 shall comply with mandatory provisions of those regulations.
350 (3) A county may not, as a condition of land use application approval, require a person
351 filing a land use application to obtain documentation regarding a school district's willingness,
352 capacity, or ability to serve the development proposed in the land use application.
353 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
354 which a subdivision plat is recorded, a county may not impose on a building permit applicant
355 for a single-family dwelling located within the subdivision any land use regulation that is
356 enacted within 10 years after the day on which the subdivision plat is recorded.
357 (b) Subsection (4)(a) does not apply to any changes in the requirements of the
358 applicable building code, health code, or fire code, or other similar regulations.
359 (5) Upon a specified public agency's submission of a development plan and schedule as
360 required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
361 the specified public agency vests in the county's applicable land use maps, zoning map, hookup
362 fees, impact fees, other applicable development fees, and land use regulations in effect on the
363 date of submission.
364 (6) (a) If sponsors of a referendum timely challenge a project in accordance with
365 Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
366 approval by delivering a written notice:
367 (i) to the local clerk as defined in Section 20A-7-101; and
368 (ii) no later than seven days after the day on which a petition for a referendum is
369 determined sufficient under Subsection [
370 (b) Upon delivery of a written notice described in Subsection (6)(a) the following are
371 rescinded and are of no further force or effect:
372 (i) the relevant land use approval; and
373 (ii) any land use regulation enacted specifically in relation to the land use approval.
374 Section 4. Section 20A-1-306 is amended to read:
375 20A-1-306. Electronic signatures prohibited.
376 Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
377 Subsections 68-3-12(1)(e) and 68-3-12.5(28) and (40), an electronic signature may not be used
378 to sign a petition to:
379 (1) except as provided in Section 20A-21-201, qualify a ballot proposition for the
380 ballot under Chapter 7, Issues Submitted to the Voters;
381 (2) organize and register a political party under Chapter 8, Political Party Formation
382 and Procedures; or
383 (3) except as provided in Section 20A-21-201, qualify a candidate for the ballot under
384 Chapter 9, Candidate Qualifications and Nominating Procedures.
385 Section 5. Section 20A-1-609 is amended to read:
386 20A-1-609. Omnibus penalties.
387 (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
388 this title is guilty of a class B misdemeanor.
389 (b) Subsection (1)(a) does not apply to a provision of this title for which another
390 penalty is expressly stated.
391 (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
392 referendum, falsely making the statement described in Subsection [
393
394 20A-7-303(3)(d)(xx), 20A-7-503(3)(d)(xx), or 20A-7-603(3)(d)(xx).
395 (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
396 convicted of any offense under this title may not:
397 (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
398 for any office during the election cycle in which the violation occurred;
399 (b) take or hold the office to which the individual was elected; and
400 (c) receive the emoluments of the office to which the individual was elected.
401 (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
402 at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
403 20A-2-101.5.
404 (b) Any person may challenge the right to vote of a person described in Subsection
405 (3)(a) by following the procedures and requirements of Section 20A-3a-803.
406 Section 6. Section 20A-7-101 is amended to read:
407 20A-7-101. Definitions.
408 As used in this chapter:
409 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
410 gather signatures for the electronic initiative process, the electronic referendum process, or the
411 electronic candidate qualification process.
412 [
413 (a) for a county, the person designated as budget officer in Section 17-19a-203;
414 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
415 (c) for a town, the town council; or
416 (d) for a metro township, the person described in Subsection [
417 in which the metro township is located.
418 [
419 the signature of a registered voter.
420 [
421 petition to legal voters for their signature.
422 (5) "Electronic initiative process" means:
423 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
424 and 20A-21-201, for gathering signatures; or
425 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
426 20A-21-201, for gathering signatures.
427 (6) "Electronic referendum process" means:
428 (a) as it relates to a statewide referendum, the process, described in Sections
429 20A-7-313 and 20A-21-201, for gathering signatures; or
430 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
431 20A-21-201, for gathering signatures.
432 [
433 county, city, or town that is holding an election on a ballot proposition.
434 [
435 voters approve an initiative that contains the information required by Subsection
436 20A-7-202.5(2) or 20A-7-502.5(2).
437 [
438 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
439 application for an initiative petition; or
440 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
441 for an initiative or referendum petition.
442 [
443 in this chapter.
444 [
445 proposed law, and the signature sheets, all of which have been bound together as a unit.
446 [
447 weighing of broad, competing policy considerations, that relates to the use of land, including
448 land use regulation, a general plan, a land use development code, an annexation ordinance, the
449 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
450 resolution.
451 (b) "Land use law" does not include a land use decision, as defined in Section
452 10-9a-103 or 17-27a-103.
453 [
454 (a) meet the numerical requirements of this chapter; and
455 (b) have been obtained, certified, and verified as provided in this chapter.
456 [
457 [
458
459 [
460 (a) for a proposed local initiative, that the proposed local initiative is legally referable
461 to voters under Section 20A-7-502.7; or
462 (b) for a proposed local referendum, that the proposed local referendum is legally
463 referable to voters under Section 20A-7-602.7.
464 [
465 in whose jurisdiction a local initiative or referendum petition is circulated.
466 [
467 jurisdiction a local initiative or referendum petition is circulated.
468 [
469 (i) an ordinance;
470 (ii) a resolution;
471 (iii) a land use law;
472 (iv) a land use regulation, as defined in Section 10-9a-103; or
473 (v) other legislative action of a local legislative body.
474 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
475 [
476 or metro township.
477 [
478 body regarding a bond that was approved by a majority of qualified voters in an election.
479 [
480 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
481 (22) "Manual initiative process" means the process for gathering signatures for an
482 initiative using paper signature packets that a signer physically signs.
483 (23) "Manual referendum process" means the process for gathering signatures for a
484 referendum using paper signature packets that a signer physically signs.
485 [
486 referendum.
487 [
488 by a local legislative body is submitted or referred to the voters for their approval or rejection.
489 [
490 the law being submitted or referred to the voters for their approval or rejection, and the
491 signature sheets, all of which have been bound together as a unit.
492 [
493 [
494 (27) "Signature":
495 (a) for a statewide initiative:
496 (i) as it relates to the electronic initiative process, means an electronic signature
497 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
498 (ii) as it relates to the manual initiative process:
499 (A) means a holographic signature collected physically on a signature sheet described
500 in Section 20A-7-203; and
501 (B) does not include an electronic signature;
502 (b) for a statewide referendum:
503 (i) as it relates to the electronic referendum process, means an electronic signature
504 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
505 (ii) as it relates to the manual referendum process:
506 (A) means a holographic signature collected physically on a signature sheet described
507 in Section 20A-7-303; and
508 (B) does not include an electronic signature;
509 (c) for a local initiative:
510 (i) as it relates to the electronic initiative process, means an electronic signature
511 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
512 (ii) as it relates to the manual initiative process:
513 (A) means a holographic signature collected physically on a signature sheet described
514 in Section 20A-7-503; and
515 (B) does not include an electronic signature; or
516 (d) for a local referendum:
517 (i) as it relates to the electronic referendum process, means an electronic signature
518 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
519 (ii) as it relates to the manual referendum process:
520 (A) means a holographic signature collected physically on a signature sheet described
521 in Section 20A-7-603; and
522 (B) does not include an electronic signature.
523 [
524 used to collect signatures in support of an initiative or referendum.
525 [
526 not a standard local ballot proposition.
527 [
528 and who sign the application for petition copies.
529 [
530 an initiative or a referendum.
531 (b) "Standard local ballot proposition" does not include a property tax referendum
532 described in Section 20A-7-613.
533 [
534 proposed by an initiative or an initiative petition and the current tax rate.
535 [
536 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
537 [
538 required in Sections 20A-7-205 and 20A-7-305.
539 Section 7. Section 20A-7-103 is amended to read:
540 20A-7-103. Constitutional amendments and other questions submitted by the
541 Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.
542 (1) The procedures contained in this section govern when the Legislature submits a
543 proposed constitutional amendment or other question to the voters.
544 (2) The lieutenant governor shall, not more than 60 days or less than 14 days before the
545 date of the election, publish the full text of the amendment, question, or statute in at least one
546 newspaper in every county of the state where a newspaper is published.
547 (3) The legislative general counsel shall:
548 (a) entitle each proposed constitutional amendment "Constitutional Amendment __"
549 and assign it a letter according to the requirements of Section 20A-6-107;
550 (b) entitle each proposed question "Proposition Number __" with the number assigned
551 to the proposition under Section 20A-6-107 placed in the blank;
552 (c) draft and designate a ballot title for each proposed amendment or question
553 submitted by the Legislature that:
554 (i) summarizes the subject matter of the amendment or question; and
555 (ii) for a proposed constitutional amendment, summarizes any legislation that is
556 enacted and will become effective upon the voters' adoption of the proposed constitutional
557 amendment; and
558 (d) deliver each letter or number and ballot title to the lieutenant governor.
559 (4) The lieutenant governor shall certify the letter or number and ballot title of each
560 amendment or question to the county clerk of each county no later than 65 days before the date
561 of the election.
562 (5) The county clerk of each county shall:
563 (a) ensure that [
564 question [
565 official ballots; and
566 (b) publish [
567 Section 8. Section 20A-7-203 is amended to read:
568 20A-7-203. Manual initiative process -- Form of initiative petition and signature
569 sheets.
570 (1) This section applies only to the manual initiative process.
571 [
572 following form:
573 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
574 We, the undersigned citizens of Utah, respectfully demand that the following proposed
575 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
576 regular general election/session to be held/ beginning on _________(month\day\year);
577 Each signer says:
578 I have personally signed this petition;
579 The date next to my signature correctly reflects the date that I actually signed the
580 petition;
581 I have personally reviewed the entire statement included with this packet;
582 I am registered to vote in Utah [
583
584 My residence and post office address are written correctly after my name.
585 NOTICE TO SIGNERS:
586 Public hearings to discuss this petition were held at: (list dates and locations of public
587 hearings.)".
588 (b) If the initiative petition proposes a tax increase, the following statement shall
589 appear, in at least 14-point, bold type, immediately following the information described in
590 Subsection [
591 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
592 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
593 percent increase in the current tax rate.".
594 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
595 proposed law to each initiative petition.
596 [
597 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
598 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
599 that line blank for the purpose of binding;
600 (c) include the title of the initiative printed below the horizontal line, in at least
601 14-point, bold type;
602 (d) include a table immediately below the title of the initiative, and beginning .5 inch
603 from the left side of the paper, as follows:
604 (i) the first column shall be .5 inch wide and include three rows;
605 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
606 Office Use Only" in 10-point type;
607 (iii) the second row of the first column shall be .35 inch tall;
608 (iv) the third row of the first column shall be .5 inch tall;
609 (v) the second column shall be 2.75 inches wide;
610 (vi) the first row of the second column shall be .35 inch tall and contain the words
611 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
612 (vii) the second row of the second column shall be .5 inch tall;
613 (viii) the third row of the second column shall be .35 inch tall and contain the words
614 "Street Address, City, Zip Code" in 10-point type;
615 (ix) the fourth row of the second column shall be .5 inch tall;
616 (x) the third column shall be 2.75 inches wide;
617 (xi) the first row of the third column shall be .35 inch tall and contain the words
618 "Signature of Registered Voter" in 10-point type;
619 (xii) the second row of the third column shall be .5 inch tall;
620 (xiii) the third row of the third column shall be .35 inch tall and contain the words
621 "Email Address (optional, to receive additional information)" in 10-point type;
622 (xiv) the fourth row of the third column shall be .5 inch tall;
623 (xv) the fourth column shall be one inch wide;
624 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
625 "Date Signed" in 10-point type;
626 (xvii) the second row of the fourth column shall be .5 inch tall;
627 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
628 "Birth Date or Age (optional)" in 10-point type;
629 (xix) the fourth row of the third column shall be .5 inch tall; and
630 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
631 and contain the following statement, "By signing this petition, you are stating that you have
632 read and understand the law proposed by this petition." in 12-point type;
633 (e) the table described in Subsection [
634 room at the bottom of the sheet for the information described in Subsection [
635 (f) at the bottom of the sheet, include in the following order:
636 (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
637 12-point, bold type;
638 (ii) except as provided in Subsection [
639 summary statement issued by the Office of the Legislative Fiscal Analyst in accordance with
640 Subsection 20A-7-202.5(2)(a), including any update in accordance with Subsection
641 20A-7-204.1(5), in not less than 12-point type;
642 (iii) if the initiative petition proposes a tax increase, the following statement in
643 12-point, bold type:
644 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
645 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
646 percent increase in the current tax rate."; and
647 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
648 not less than eight-point type:
649 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
650 other than the individual's own name, or to knowingly sign the individual's name more than
651 once for the same measure, or to sign an initiative petition when the individual knows that the
652 individual is not a registered voter [
653
654 Birth date or age information is not required, but it may be used to verify your identity
655 with voter registration records. If you choose not to provide it, your signature may not be
656 verified as a valid signature if you change your address before petition signatures are verified
657 or if the information you provide does not match your voter registration records."
658 [
659 typed statement:
660 Verification of signature collector
661 State of Utah, County of ____
662 I, _______________, of ____, hereby state, under penalty of perjury, that:
663 I am a resident of Utah and am at least 18 years old;
664 All the names that appear in this packet were signed by individuals who professed to be
665 the individuals whose names appear in it, and each of the individuals signed the individual's
666 name on it in my presence;
667 I did not knowingly make a misrepresentation of fact concerning the law proposed by
668 the initiative;
669 I believe that each individual has printed and signed the individual's name and written
670 the individual's post office address and residence correctly, that each signer has read and
671 understands the law proposed by the initiative, and that each signer is registered to vote in Utah
672 [
673
674 Each individual who signed the packet wrote the correct date of signature next to the
675 individual's name.
676 I have not paid or given anything of value to any individual who signed this petition to
677 encourage that individual to sign it.
678 ________________________________________________________________________
679 (Name) (Residence Address) (Date)
680 [
681 updated in accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the
682 Legislative Fiscal Analyst shall prepare a shorter summary statement, for the purpose of
683 inclusion on a signature sheet, that does not exceed 200 words.
684 [
685 petitions are sufficient, notwithstanding clerical and merely technical errors.
686 [
687 in accordance with Section 20A-2-105.
688 Section 9. Section 20A-7-204 is amended to read:
689 20A-7-204. Manual initiative process -- Circulation requirements -- Lieutenant
690 governor to provide sponsors with materials.
691 (1) This section applies only to the manual initiative process.
692 [
693 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
694 in Subsection [
695 [
696 (a) a copy of the initiative petition, with any change submitted under Subsection
697 20A-7-204.1(5); and
698 (b) a signature sheet.
699 [
700 (a) arrange and pay for the printing of all additional copies of the petition and signature
701 sheets; and
702 (b) ensure that the copies of the petition and signature sheets meet the form
703 requirements of this section.
704 [
705 circulation by creating multiple initiative packets.
706 (b) The sponsors or an agent of the sponsors shall create the initiative packets by
707 binding a copy of the initiative petition and no more than 50 signature sheets together at the top
708 in a manner that the packets may be conveniently opened for signing.
709 (c) An initiative packet is not required to have a uniform number of signature sheets.
710 [
711 (i) contact the lieutenant governor's office to receive a range of numbers that the
712 sponsors may use to number signature packets; and
713 (ii) number each signature packet, sequentially, within the range of numbers provided
714 by the lieutenant governor's office, starting with the lowest number in the range.
715 (b) The sponsors or an agent of the sponsors may not:
716 (i) number a signature packet in a manner not directed by the lieutenant governor's
717 office; or
718 (ii) circulate or submit a signature packet that is not numbered in the manner directed
719 by the lieutenant governor's office.
720 (c) The lieutenant governor shall keep a record of the number range provided under
721 Subsection [
722 Section 10. Section 20A-7-205 is amended to read:
723 20A-7-205. Manual initiative process -- Obtaining signatures -- Verification --
724 Removal of signature.
725 (1) This section applies only to the manual initiative process.
726 [
727 [
728 signature sheet was signed:
729 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
730 (ii) verifies each signature sheet by completing the verification printed on the last page
731 of each initiative packet; and
732 (iii) is informed that each signer is required to read and understand the law proposed by
733 the initiative.
734 (b) An individual may not sign the verification printed on the last page of the initiative
735 packet if the person signed a signature sheet in the initiative packet.
736 [
737 removed from the petition by submitting to the county clerk a statement requesting that the
738 voter's signature be removed before 5 p.m. no later than the earlier of:
739 (i) for an initiative packet received by the county clerk before December 1:
740 (A) 30 days after the day on which the voter signs the signature removal statement; or
741 (B) 90 days after the day on which the lieutenant governor posts the voter's name under
742 Subsection 20A-7-207(2)[
743 (ii) for an initiative packet received by the county clerk on or after December 1:
744 (A) 30 days after the day on which the voter signs the signature removal statement; or
745 (B) 45 days after the day on which the lieutenant governor posts the voter's name under
746 Subsection 20A-7-207(2)[
747 (b) (i) The statement shall include:
748 (A) the name of the voter;
749 (B) the resident address at which the voter is registered to vote;
750 (C) the signature of the voter; and
751 (D) the date of the signature described in Subsection [
752 (ii) To increase the likelihood of the voter's signature being identified and removed, the
753 statement may include the voter's birth date or age.
754 (c) A voter may not submit a statement by email or other electronic means.
755 (d) In order for the signature to be removed, the county clerk must receive the
756 statement before 5 p.m. no later than the applicable deadline described in Subsection [
757 (4)(a).
758 (e) A person may only remove a signature from an initiative petition in accordance
759 with this Subsection [
760 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
761 an initiative petition, in accordance with Section 20A-7-206.3.
762 Section 11. Section 20A-7-206 is amended to read:
763 20A-7-206. Manual initiative process -- Submitting the initiative petition --
764 Certification of signatures by the county clerks -- Transfer to lieutenant governor.
765 (1) This section applies only to the manual initiative process.
766 [
767 verified initiative packet to the county clerk of the county in which the packet was circulated
768 before 5 p.m. no later than the earlier of:
769 (i) 30 days after the day on which the first individual signs the initiative packet;
770 (ii) 316 days after the day on which the application for the initiative petition is filed; or
771 (iii) the February 15 immediately before the next regular general election immediately
772 after the application is filed under Section 20A-7-202.
773 (b) A person may not submit an initiative packet after the deadline described in
774 Subsection [
775 (c) Before delivering a packet to the county clerk under Subsection [
776 sponsors shall send an email to each individual who provides a legible, valid email address on
777 the form described in Subsection 20A-7-203[
778 (i) the subject of the email shall include the following statement, "Notice Regarding
779 Your Petition Signature";
780 (ii) the body of the email shall include the following statement in 12-point type:
781 "You signed a petition for the following initiative:
782 [insert title of initiative]
783 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
784 information on the deadline for removing your signature from the petition, please visit the
785 following link: [insert a uniform resource locator that takes the individual directly to the page
786 on the lieutenant governor's website that includes the information referred to in the email]."
787 (d) When the sponsors submit the final signature packet to the county clerk, the
788 sponsors shall submit to the county clerk the following written verification, completed and
789 signed by each of the sponsors:
790 Verification of initiative sponsor
791 State of Utah, County of __________
792 I, ____________, of ____________, hereby state, under penalty of perjury, that:
793 I am a sponsor of the initiative petition entitled __________________________;
794 I sent, or caused to be sent, to each individual who provided a legible, valid email
795 address on a signature packet submitted to the county clerk in relation to the initiative petition,
796 the email described in Utah Code Subsection 20A-7-206[
797 ____________________________________________________________________________
798 (Name)
799 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
800 comply with this Subsection [
801 [
802 receives the packet:
803 (a) determine whether each signer is a registered voter according to the requirements of
804 Section 20A-7-206.3;
805 (b) certify on the petition whether each name is that of a registered voter;
806 (c) except as provided in Subsection [
807 number, and date of signature of each registered voter certified under Subsection [
808 the lieutenant governor's website, in a conspicuous location designated by the lieutenant
809 governor; and
810 (d) deliver the verified initiative packet to the lieutenant governor.
811 [
812 removal under Subsection 20A-7-205[
813 (i) ensure that the voter's name [
814 are not included in the posting described in Subsection [
815 (ii) remove the voter's signature from the signature packets and signature packet totals.
816 (b) The county clerk shall comply with Subsection [
817 (i) the deadline described in Subsection [
818 (ii) two business days after the day on which the county clerk receives a statement
819 requesting signature removal under Subsection 20A-7-205[
820 [
821 (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
822 (b) that does not have a date of signature next to the signature.
823 [
824 any alterations or corrections to an initiative packet, after the initiative packet is submitted to
825 the county clerk.
826 Section 12. Section 20A-7-206.3 is amended to read:
827 20A-7-206.3. Verification of petition signatures.
828 (1) As used in this section:
829 (a) "Substantially similar name" means:
830 (i) the given name and surname shown on the petition, or both, contain only minor
831 spelling differences when compared to the given name and surname shown on the official
832 register;
833 (ii) the surname shown on the petition exactly matches the surname shown on the
834 official register, and the given names differ only because one of the given names shown is a
835 commonly used abbreviation or variation of the other;
836 (iii) the surname shown on the petition exactly matches the surname shown on the
837 official register, and the given names differ only because one of the given names shown is
838 accompanied by a first or middle initial or a middle name which is not shown on the other
839 record; or
840 (iv) the surname shown on the petition exactly matches the surname shown on the
841 official register, and the given names differ only because one of the given names shown is an
842 alphabetically corresponding initial that has been provided in the place of a given name shown
843 on the other record.
844 (b) "Substantially similar name" does not include a name having an initial or a middle
845 name shown on the petition that does not match a different initial or middle name shown on the
846 official register.
847 (2) [
848 signature, the county clerk shall use the following procedures in determining whether a signer
849 is a registered voter:
850 (a) if a signer's name and address shown on the petition exactly match a name and
851 address shown on the official register and the signer's signature appears substantially similar to
852 the signature on the statewide voter registration database, the county clerk shall declare the
853 signature valid;
854 (b) if there is no exact match of an address and a name, the county clerk shall declare
855 the signature valid if:
856 (i) the address on the petition matches the address of an individual on the official
857 register with a substantially similar name; and
858 (ii) the signer's signature appears substantially similar to the signature on the statewide
859 voter registration database of the individual described in Subsection (2)(b)(i);
860 (c) if there is no match of an address and a substantially similar name, the county clerk
861 shall declare the signature valid if:
862 (i) the birth date or age on the petition matches the birth date or age of an individual on
863 the official register with a substantially similar name; and
864 (ii) the signer's signature appears substantially similar to the signature on the statewide
865 voter registration database of the individual described in Subsection (2)(c)(i); and
866 (d) if a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
867 clerk shall declare the signature to be invalid.
868 (3) [
869 statement to remove the individual's signature from an initiative petition, the county clerk shall
870 use the following procedures in determining whether to remove a signature from a petition
871 after receiving a timely, valid statement requesting removal of the signature:
872 (a) if a signer's name and address shown on the statement and the petition exactly
873 match a name and address shown on the official register and the signer's signature on both the
874 statement and the petition appears substantially similar to the signature on the statewide voter
875 registration database, the county clerk shall remove the signature from the petition;
876 (b) if there is no exact match of an address and a name, the county clerk shall remove
877 the signature from the petition if:
878 (i) the address on the statement and the petition matches the address of an individual
879 on the official register with a substantially similar name; and
880 (ii) the signer's signature on both the statement and the petition appears substantially
881 similar to the signature on the statewide voter registration database of the individual described
882 in Subsection (3)(b)(i);
883 (c) if there is no match of an address and a substantially similar name, the county clerk
884 shall remove the signature from the petition if:
885 (i) the birth date or age on the statement and petition match the birth date or age of an
886 individual on the official register with a substantially similar name; and
887 (ii) the signer's signature on both the statement and the petition appears substantially
888 similar to the signature on the statewide voter registration database of the individual described
889 in Subsection (3)(c)(i); and
890 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
891 county clerk may not remove the signature from the petition.
892 Section 13. Section 20A-7-207 is amended to read:
893 20A-7-207. Evaluation by the lieutenant governor.
894 (1) [
895 receives an initiative packet from a county clerk, the lieutenant governor shall record the
896 number of the initiative packet received.
897 (2) [
898 (a) in relation to the manual initiative process:
899 (i) post the names [
900 described in Subsection 20A-7-206[
901 conspicuous location designated by the lieutenant governor:
902 (A) for an initiative packet received by the county clerk before December 1, for at least
903 90 days; or
904 (B) for an initiative packet received by the county clerk on or after December 1, for at
905 least 45 days; and
906 (ii) update on the lieutenant governor's website the number of signatures certified as of
907 the date of the update[
908 (b) in relation to the electronic initiative process:
909 (i) post the names, voter identification numbers, and dates of signatures described in
910 Subsection 20A-7-217(4) on the lieutenant governor's website, in a conspicuous location
911 designated by the lieutenant governor:
912 (A) for a signature received by the county clerk before December 1, for at least 90
913 days; or
914 (B) for a signature received by the county clerk on or after December 1, for at least 45
915 days; and
916 (ii) update on the lieutenant governor's website the number of signatures certified as of
917 the date of the update.
918 [
919 [
920 to be sufficient or insufficient on April 30 before the regular general election described in
921 Subsection 20A-7-201(2)(b); or
922 [
923 Subsection [
924 [
925 timely and lawfully submitted signature packets that have been certified by the county clerks,
926 plus the number of signatures on timely and lawfully submitted signature packets that have not
927 yet been evaluated for certification, is less than the number of names required under Section
928 20A-7-201; [
929 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
930 submitted valid signatures that have been certified by the county clerks, plus the number of
931 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
932 that have not yet been evaluated for certification, is less than the number of names required
933 under Section 20A-7-201; or
934 [
935 [
936 equals or exceeds the number of names required under Section 20A-7-201, and the
937 requirements of this part are met, the lieutenant governor shall mark upon the front of the
938 petition the word "sufficient."
939 [
940 not equal or exceed the number of names required under Section 20A-7-201 or a requirement
941 of this part is not met, the lieutenant governor shall mark upon the front of the petition the
942 word "insufficient."
943 [
944 the lieutenant governor's finding.
945 [
946 signatures to qualify the petition for the ballot.
947 [
948 that a voter believes is legally sufficient, the voter may, no later than May 15, apply to the
949 appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file
950 the initiative petition.
951 (b) If the court determines that the initiative petition is legally sufficient, the lieutenant
952 governor shall file the petition, with a verified copy of the judgment attached to the petition, as
953 of the date on which the petition was originally offered for filing in the lieutenant governor's
954 office.
955 (c) If the court determines that a petition filed is not legally sufficient, the court may
956 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
957 and numbers of that measure on the official ballot.
958 [
959 qualified for the ballot.
960 Section 14. Section 20A-7-213 is amended to read:
961 20A-7-213. Misconduct of electors and officers -- Penalty.
962 (1) It is unlawful for any person to:
963 (a) sign any name other than the person's own to an initiative petition or a statement
964 described in Subsection [
965 (b) knowingly sign the person's name more than once for the same measure at one
966 election;
967 (c) knowingly indicate [
968 an initiative petition signed the [
969 signed the [
970 (d) sign an initiative petition knowing the person is not a legal voter; or
971 (e) knowingly and willfully violate any provision of this part.
972 (2) It is unlawful for any person to sign the verification for an initiative packet, or to
973 electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
974 that:
975 (a) the person does not meet the residency requirements of Section 20A-2-105;
976 (b) the signature date [
977
978 petition;
979 (c) the person has not witnessed the signatures of those persons [
980
981 (d) one or more [
982 individuals who signed the initiative petition are not registered to vote in Utah[
983 [
984 (3) It is unlawful for any person to:
985 (a) pay a person to sign an initiative petition;
986 (b) pay a person to remove the person's signature from an initiative petition;
987 (c) accept payment to sign an initiative petition; or
988 (d) accept payment to have the person's name removed from an initiative petition.
989 (4) Any person violating this section is guilty of a class A misdemeanor.
990 Section 15. Section 20A-7-215 is enacted to read:
991 20A-7-215. Electronic initiative process -- Form of initiative petition -- Circulation
992 requirements -- Signature collection.
993 (1) This section applies only to the electronic initiative process.
994 (2) (a) The first screen presented on the approved device shall include the following
995 statement:
996 "This INITIATIVE PETITION is addressed to the Honorable ____, Lieutenant
997 Governor:
998 The citizens of Utah who sign this petition respectfully demand that the following
999 proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or
1000 rejection at the regular general election/session to be held/beginning on
1001 _________(month\day\year)."
1002 (b) An individual may not advance to the second screen until the individual clicks a
1003 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1004 understand the information presented on this screen."
1005 (3) (a) The second screen presented on the approved device shall include the following
1006 statement:
1007 "Public hearings to discuss this petition were held at: (list dates and locations of public
1008 hearings.)".
1009 (b) An individual may not advance to the third screen until the individual clicks a link
1010 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1011 understand the information presented on this screen."
1012 (4) (a) The third screen presented on the approved device shall include the title of
1013 proposed law, described in Subsection 20A-7-202(2)(d)(i), followed by the entire text of the
1014 proposed law.
1015 (b) An individual may not advance to the fourth screen until the individual clicks a link
1016 at the bottom of the third screen stating, "By clicking here, I attest that I have read and
1017 understand the entire text of the proposed law."
1018 (5) Subsequent screens shall be presented on the device in the following order, with the
1019 individual viewing the device being required, before advancing to the next screen, to click a
1020 link at the bottom of the screen with the following statement: "By clicking here, I attest that I
1021 have read and understand the information presented on this screen.":
1022 (a) a description of all proposed sources of funding for the costs associated with the
1023 proposed law, including the proposed percentage of total funding from each source;
1024 (b) (i) if the initiative petition proposes a tax increase, the following statement, "This
1025 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
1026 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1027 increase in the current tax rate."; or
1028 (ii) if the initiative petition does not propose a tax increase, the following statement,
1029 "This initiative petition does not propose a tax increase.";
1030 (c) the initial fiscal impact estimate's summary statement issued by the Office of the
1031 Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a), including any
1032 update in accordance with Subsection 20A-7-204.1(5);
1033 (d) a statement indicating whether persons gathering signatures for the petition may be
1034 paid for gathering signatures; and
1035 (e) the following statement, followed by links where the individual may click "yes" or
1036 "no":
1037 "I have personally reviewed the entirety of each statement presented on this device;
1038 I am personally signing this petition;
1039 I am registered to vote in Utah; and
1040 All information I enter on this device, including my residence and post office address, is
1041 accurate.
1042 It is a class A misdemeanor for an individual to sign an initiative petition with a name
1043 other than the individual's own name, or to knowingly sign the individual's name more than
1044 once for the same measure, or to sign an initiative petition when the individual knows that the
1045 individual is not a registered voter.
1046 WARNING
1047 Even if your voter registration record is classified as private, your name, voter
1048 identification number, and date of signature in relation to signing this petition will be made
1049 public.
1050 Do you wish to continue and sign this petition?"
1051 (6) (a) If the individual clicks "no" in response to the question described in Subsection
1052 (5)(e), the next screen shall include the following statement, "Thank you for your time. Please
1053 return this device to the signature-gatherer."
1054 (b) If the individual clicks "yes" in response to the question described in Subsection
1055 (5)(e), the website, or the application that accesses the website, shall take the signature-gatherer
1056 and the individual signing the petition through the signature process described in Section
1057 20A-21-201.
1058 Section 16. Section 20A-7-216 is enacted to read:
1059 20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
1060 remove signature.
1061 (1) This section applies to the electronic initiative process.
1062 (2) A Utah voter may sign an initiative if the voter is a legal voter.
1063 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1064 an individual:
1065 (a) verifies that the individual is at least 18 years old and meets the residency
1066 requirements of Section 20A-2-105; and
1067 (b) is informed that each signer is required to read and understand the law proposed by
1068 the initiative.
1069 (4) A voter who has signed an initiative petition may have the voter's signature
1070 removed from the petition by submitting to the county clerk a statement requesting that the
1071 voter's signature be removed before 5 p.m. no later than the earlier of:
1072 (a) for an electronic signature gathered before December 1:
1073 (i) 30 days after the day on which the voter signs the signature removal statement; or
1074 (ii) 90 days after the day on which the county clerk posts the voter's name under
1075 Subsection 20A-7-217(4); or
1076 (b) for an electronic signature gathered on or after December 1:
1077 (i) 30 days after the day on which the voter signs the signature removal statement; or
1078 (ii) 45 days after the day on which the county clerk posts the voter's name under
1079 Subsection 20A-7-217(4).
1080 (5) (a) The statement shall include:
1081 (i) the name of the voter;
1082 (ii) the resident address at which the voter is registered to vote;
1083 (iii) the signature of the voter; and
1084 (iv) the date of the signature described in Subsection (5)(a)(iii).
1085 (b) To increase the likelihood of the voter's signature being identified and removed, the
1086 statement may include the voter's birth date or age.
1087 (c) A voter may not submit a signature removal statement by email or other electronic
1088 means, unless the lieutenant governor establishes a signature removal process that is consistent
1089 with the requirements of this section and Section 20A-21-201.
1090 (d) A person may only remove an electronic signature from an initiative petition in
1091 accordance with this section.
1092 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1093 electronic signature from an initiative petition, in accordance with Section 20A-7-206.3.
1094 Section 17. Section 20A-7-217 is enacted to read:
1095 20A-7-217. Electronic initiative process -- Collecting signatures -- Email
1096 notification -- Removal of signatures.
1097 (1) This section applies only to the electronic initiative process.
1098 (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
1099 (a) 316 days after the day on which the application for the initiative petition is filed; or
1100 (b) the February 15 immediately before the next regular general election immediately
1101 after the application is filed under Section 20A-7-202.
1102 (3) The lieutenant governor shall send to each individual who provides a valid email
1103 address during the signature-gathering process an email that includes the following:
1104 (a) the subject of the email shall include the following statement, "Notice Regarding
1105 Your Petition Signature"; and
1106 (b) the body of the email shall include the following statement in 12-point type:
1107 "You signed a petition for the following initiative:
1108 [insert title of initiative]
1109 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
1110 information on the deadline for removing your signature from the petition, please visit the
1111 following link: [insert a uniform resource locator that takes the individual directly to the page
1112 on the lieutenant governor's website that includes the information referred to in the email]."
1113 (4) Except as provided in Subsection (5), the county clerk shall, within two business
1114 days after the day on which the signature of an individual who signs a petition is certified under
1115 Section 20A-21-201, post the name, voter identification number, and date of signature of the
1116 individual on the lieutenant governor's website, in a conspicuous location designated by the
1117 lieutenant governor.
1118 (5) (a) If the county clerk timely receives a statement requesting signature removal
1119 under Subsection 20A-7-216(4), the county clerk shall:
1120 (i) ensure that the voter's name, voter identification number, and date of signature are
1121 not included in the posting described in Subsection (4); and
1122 (ii) remove the voter's signature from the petition and the petition signature totals.
1123 (b) The county clerk shall comply with Subsection (5)(a) before the later of:
1124 (i) the deadline described in Subsection (4); or
1125 (ii) two business days after the day on which the county clerk receives a statement
1126 requesting signature removal under Subsection 20A-7-216(4).
1127 Section 18. Section 20A-7-303 is amended to read:
1128 20A-7-303. Manual referendum process -- Form of referendum petition and
1129 signature sheets.
1130 (1) This section applies only to the manual referendum process.
1131 [
1132 following form:
1133 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
1134 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
1135 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
1136 the part or parts on which the referendum is sought), passed by the Legislature of the state of
1137 Utah during the ____ Session, be referred to the people of Utah for their approval or rejection
1138 at a regular general election or a statewide special election;
1139 Each signer says:
1140 I have personally signed this petition;
1141 The date next to my signature correctly reflects the date that I actually signed the
1142 petition;
1143 I have personally reviewed the entire statement included with this packet;
1144 I am registered to vote in Utah [
1145
1146 My residence and post office address are written correctly after my name.".
1147 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
1148 law that is the subject of the referendum to each referendum petition.
1149 [
1150 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1151 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1152 that line blank for the purpose of binding;
1153 (c) include the title of the referendum printed below the horizontal line, in at least
1154 14-point, bold type;
1155 (d) include a table immediately below the title of the referendum, and beginning .5 inch
1156 from the left side of the paper, as follows:
1157 (i) the first column shall be .5 inch wide and include three rows;
1158 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1159 Office Use Only" in 10-point type;
1160 (iii) the second row of the first column shall be .35 inch tall;
1161 (iv) the third row of the first column shall be .5 inch tall;
1162 (v) the second column shall be 2.75 inches wide;
1163 (vi) the first row of the second column shall be .35 inch tall and contain the words
1164 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1165 (vii) the second row of the second column shall be .5 inch tall;
1166 (viii) the third row of the second column shall be .35 inch tall and contain the words
1167 "Street Address, City, Zip Code" in 10-point type;
1168 (ix) the fourth row of the second column shall be .5 inch tall;
1169 (x) the third column shall be 2.75 inches wide;
1170 (xi) the first row of the third column shall be .35 inch tall and contain the words
1171 "Signature of Registered Voter" in 10-point type;
1172 (xii) the second row of the third column shall be .5 inch tall;
1173 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1174 "Email Address (optional, to receive additional information)" in 10-point type;
1175 (xiv) the fourth row of the third column shall be .5 inch tall;
1176 (xv) the fourth column shall be one inch wide;
1177 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1178 "Date Signed" in 10-point type;
1179 (xvii) the second row of the fourth column shall be .5 inch tall;
1180 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1181 "Birth Date or Age (optional)" in 10-point type;
1182 (xix) the fourth row of the third column shall be .5 inch tall; and
1183 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1184 and contain the following words "By signing this petition, you are stating that you have read
1185 and understand the law that this petition seeks to overturn." in 12-point type;
1186 (e) the table described in Subsection [
1187 room at the bottom of the sheet for the information described in Subsection [
1188 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
1189 followed by the following statement in not less than eight-point type:
1190 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
1191 other than the individual's own name, or to knowingly sign the individual's name more than
1192 once for the same measure, or to sign a referendum petition when the individual knows that the
1193 individual is not a registered voter [
1194
1195 Birth date or age information is not required, but it may be used to verify your identity
1196 with voter registration records. If you choose not to provide it, your signature may not be
1197 verified as a valid signature if you change your address before petition signatures are verified
1198 or if the information you provide does not match your voter registration records."
1199 [
1200 or typed statement:
1201 Verification of signature collector
1202 State of Utah, County of ____
1203 I, _______________, of ____, hereby state, under penalty of perjury, that:
1204 I am a Utah resident and am at least 18 years old;
1205 All the names that appear in this packet were signed by individuals who professed to be
1206 the individuals whose names appear in it, and each of the individuals signed the individual's
1207 name on it in my presence;
1208 I did not knowingly make a misrepresentation of fact concerning the law this petition
1209 seeks to overturn;
1210 I believe that each individual has printed and signed the individual's name and written
1211 the individual's post office address and residence correctly, that each signer has read and
1212 understands the law that the referendum seeks to overturn, and that each signer is registered to
1213 vote in Utah [
1214
1215 Each individual who signed the packet wrote the correct date of signature next to the
1216 individual's name.
1217 I have not paid or given anything of value to any individual who signed this petition to
1218 encourage that individual to sign it.
1219 ________________________________________________________________________
1220 (Name) (Residence Address) (Date).
1221 [
1222 referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
1223 [
1224 in accordance with Section 20A-2-105.
1225 Section 19. Section 20A-7-304 is amended to read:
1226 20A-7-304. Manual referendum process -- Circulation requirements --
1227 Lieutenant governor to provide sponsors with materials.
1228 (1) This section applies only to the manual referendum process.
1229 [
1230 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1231 in Subsection [
1232 part.
1233 [
1234 (a) a copy of the referendum petition; and
1235 (b) a signature sheet.
1236 [
1237 (a) arrange and pay for the printing of all additional copies of the petition and signature
1238 sheets; and
1239 (b) ensure that the copies of the petition and signature sheets meet the form
1240 requirements of this section.
1241 [
1242 circulation by creating multiple referendum packets.
1243 (b) The sponsors or an agent of the sponsors shall create referendum packets by
1244 binding a copy of the referendum and no more than 50 signature sheets together at the top in a
1245 manner that the packets may be conveniently opened for signing.
1246 (c) A referendum packet is not required to have a uniform number of signature sheets.
1247 [
1248 (i) contact the lieutenant governor's office to receive a range of numbers that the
1249 sponsors may use to number signature packets; and
1250 (ii) number each signature packet, sequentially, within the range of numbers provided
1251 by the lieutenant governor's office, starting with the lowest number in the range.
1252 (b) The sponsors or an agent of the sponsors may not:
1253 (i) number a signature packet in a manner not directed by the lieutenant governor's
1254 office; or
1255 (ii) circulate or submit a signature packet that is not numbered in the manner directed
1256 by the lieutenant governor's office.
1257 (c) The lieutenant governor shall keep a record of the number range provided under
1258 Subsection [
1259 Section 20. Section 20A-7-304.5 is amended to read:
1260 20A-7-304.5. Posting referendum information.
1261 (1) On the day on which the lieutenant governor complies with Subsection
1262 [
1263 Section 20A-21-101, the lieutenant governor shall post the following information together in a
1264 conspicuous place on the lieutenant governor's website:
1265 (a) the referendum petition;
1266 (b) the referendum; and
1267 (c) information describing how an individual may remove the individual's signature
1268 from the [
1269 (2) The lieutenant governor shall:
1270 (a) promptly update the information described in Subsection (1) if the information
1271 changes; and
1272 (b) maintain the information described in Subsection (1) on the lieutenant governor's
1273 website until the referendum fails to qualify for the ballot or is passed or defeated at an
1274 election.
1275 Section 21. Section 20A-7-305 is amended to read:
1276 20A-7-305. Manual referendum process -- Obtaining signatures -- Verification --
1277 Removal of signature.
1278 (1) This section applies only to the manual referendum process.
1279 [
1280 [
1281 signature sheet was signed:
1282 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1283 (ii) verifies each signature sheet by completing the verification printed on the last page
1284 of each referendum packet; and
1285 (iii) is informed that each signer is required to read and understand the law that the
1286 referendum seeks to overturn.
1287 (b) An individual may not sign the verification printed on the last page of the
1288 referendum packet if the person signed a signature sheet in the referendum packet.
1289 [
1290 signature removed from the petition by submitting to the county clerk a statement requesting
1291 that the voter's signature be removed before 5 p.m. no later than the earlier of:
1292 (i) 30 days after the day on which the voter signs the statement requesting removal; or
1293 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
1294 Subsection 20A-7-307(2)[
1295 (b) (i) The statement shall include:
1296 (A) the name of the voter;
1297 (B) the resident address at which the voter is registered to vote;
1298 (C) the signature of the voter; and
1299 (D) the date of the signature described in Subsection [
1300 (ii) To increase the likelihood of the voter's signature being identified and removed, the
1301 statement may include the voter's birth date or age.
1302 (c) A voter may not submit a statement by email or other electronic means.
1303 (d) In order for the signature to be removed, the county clerk must receive the
1304 statement before 5 p.m. no later than 45 days after the day on which the lieutenant governor
1305 posts the voter's name under Subsection 20A-7-307(2)[
1306 (e) A person may only remove a signature from a referendum petition in accordance
1307 with this Subsection [
1308 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1309 a referendum petition, in accordance with Section [
1310 Section 22. Section 20A-7-306 is amended to read:
1311 20A-7-306. Manual referendum process -- Submitting the referendum petition --
1312 Certification of signatures by the county clerks -- Transfer to lieutenant governor.
1313 (1) This section applies only to the manual referendum process.
1314 [
1315 verified referendum packet to the county clerk of the county in which the packet was circulated
1316 before 5 p.m. no later than the earlier of:
1317 (i) 30 days after the day on which the first individual signs the referendum packet; or
1318 (ii) 40 days after the day on which the legislative session at which the law passed ends.
1319 (b) A person may not submit a referendum packet after the deadline described in
1320 Subsection [
1321 [
1322 verified referendum packet, the county clerk shall:
1323 (a) determine whether each signer is a registered voter according to the requirements of
1324 Section 20A-7-306.3;
1325 (b) certify on the petition whether each name is that of a registered voter;
1326 (c) except as provided in Subsection [
1327 number, and date of signature of each registered voter certified under Subsection [
1328 the lieutenant governor's website, in a conspicuous location designated by the lieutenant
1329 governor; and
1330 (d) deliver the verified packet to the lieutenant governor.
1331 [
1332 removal under Subsection 20A-7-305[
1333 (i) ensure that the voter's name [
1334 are not included in the posting described in Subsection [
1335 (ii) remove the voter's signature from the signature packets and signature packet totals.
1336 (b) The county clerk shall comply with Subsection [
1337 (i) the deadline described in Subsection [
1338 (ii) two business days after the day on which the county clerk receives a statement
1339 requesting signature removal under Subsection 20A-7-305[
1340 [
1341 (a) on an initiative packet that is not verified in accordance with Section 20A-7-305; or
1342 (b) that does not have a date of signature next to the signature.
1343 [
1344 any alterations or corrections to a referendum packet, after the referendum packet is submitted
1345 to the county clerk.
1346 Section 23. Section 20A-7-306.3 is amended to read:
1347 20A-7-306.3. Verification of petition signatures.
1348 (1) As used in this section:
1349 (a) "Substantially similar name" means:
1350 (i) the given name and surname shown on the petition, or both, contain only minor
1351 spelling differences when compared to the given name and surname shown on the official
1352 register;
1353 (ii) the surname shown on the petition exactly matches the surname shown on the
1354 official register, and the given names differ only because one of the given names shown is a
1355 commonly used abbreviation or variation of the other;
1356 (iii) the surname shown on the petition exactly matches the surname shown on the
1357 official register, and the given names differ only because one of the given names shown is
1358 accompanied by a first or middle initial or a middle name which is not shown on the other
1359 record; or
1360 (iv) the surname shown on the petition exactly matches the surname shown on the
1361 official register, and the given names differ only because one of the given names shown is an
1362 alphabetically corresponding initial that has been provided in the place of a given name shown
1363 on the other record.
1364 (b) "Substantially similar name" does not include a name having an initial or a middle
1365 name shown on the petition that does not match a different initial or middle name shown on the
1366 official register.
1367 (2) [
1368 holographic signature, the county clerk shall use the following procedures in determining
1369 whether a signer is a registered voter:
1370 (a) When a signer's name and address shown on the petition exactly match a name and
1371 address shown on the official register and the signer's signature appears substantially similar to
1372 the signature on the statewide voter registration database, the county clerk shall declare the
1373 signature valid.
1374 (b) When there is no exact match of an address and a name, the county clerk shall
1375 declare the signature valid if:
1376 (i) the address on the petition matches the address of a person on the official register
1377 with a substantially similar name; and
1378 (ii) the signer's signature appears substantially similar to the signature on the statewide
1379 voter registration database of the person described in Subsection (2)(b)(i).
1380 (c) When there is no match of an address and a substantially similar name, the county
1381 clerk shall declare the signature valid if:
1382 (i) the birth date or age on the petition matches the birth date or age of a person on the
1383 official register with a substantially similar name; and
1384 (ii) the signer's signature appears substantially similar to the signature on the statewide
1385 voter registration database of the person described in Subsection (2)(c)(i).
1386 (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1387 clerk shall declare the signature to be invalid.
1388 (3) [
1389 statement to remove the individual's signature from a referendum petition, the county clerk
1390 shall use the following procedures in determining whether to remove a signature from a
1391 petition after receiving a timely, valid statement requesting removal of the signature:
1392 (a) if a signer's name and address shown on the statement and the petition exactly
1393 match a name and address shown on the official register and the signer's signature on both the
1394 statement and the petition appears substantially similar to the signature on the statewide voter
1395 registration database, the county clerk shall remove the signature from the petition;
1396 (b) if there is no exact match of an address and a name, the county clerk shall remove
1397 the signature from the petition if:
1398 (i) the address on the statement and the petition matches the address of an individual
1399 on the official register with a substantially similar name; and
1400 (ii) the signer's signature on both the statement and the petition appears substantially
1401 similar to the signature on the statewide voter registration database of the individual described
1402 in Subsection (3)(b)(i);
1403 (c) if there is no match of an address and a substantially similar name, the county clerk
1404 shall remove the signature from the petition if:
1405 (i) the birth date or age on the statement and petition match the birth date or age of an
1406 individual on the official register with a substantially similar name; and
1407 (ii) the signer's signature on both the statement and the petition appears substantially
1408 similar to the signature on the statewide voter registration database of the individual described
1409 in Subsection (3)(c)(i); and
1410 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1411 county clerk may not remove the signature from the petition.
1412 Section 24. Section 20A-7-307 is amended to read:
1413 20A-7-307. Evaluation by the lieutenant governor.
1414 (1) [
1415 receives a referendum packet from a county clerk, the lieutenant governor shall record the
1416 number of the referendum packet received.
1417 (2) [
1418 (a) in relation to the manual referendum process:
1419 (i) post the names [
1420 described in Subsection 20A-7-306(3)(c) on the lieutenant governor's website, in a conspicuous
1421 location designated by the lieutenant governor, for at least 45 days; and
1422 (ii) update on the lieutenant governor's website the number of signatures certified as of
1423 the date of the update[
1424 (b) in relation to the electronic referendum process:
1425 (i) post the names, voter identification numbers, and dates of signatures described in
1426 Subsection 20A-7-315(4) on the lieutenant governor's website, in a conspicuous location
1427 designated by the lieutenant governor, for at least 45 days; and
1428 (ii) update on the lieutenant governor's website the number of signatures certified as of
1429 the date of the update.
1430 [
1431 [
1432 to be sufficient or insufficient 106 days after the end of the legislative session at which the law
1433 passed; or
1434 [
1435 Subsection [
1436 [
1437 on timely and lawfully submitted signature packets that have been certified by the county
1438 clerks, plus the number of signatures on timely and lawfully submitted signature packets that
1439 have not yet been evaluated for certification, is less than the number of names required under
1440 Section 20A-7-301; [
1441 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1442 submitted valid signatures that have been certified by the county clerks, plus the number of
1443 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1444 that have not yet been evaluated for certification, is less than the number of names required
1445 under Section 20A-7-301; or
1446 [
1447 [
1448 equals or exceeds the number of names required under Section 20A-7-301, and the
1449 requirements of this part are met, the lieutenant governor shall mark upon the front of the
1450 petition the word "sufficient."
1451 [
1452 not equal or exceed the number of names required under Section 20A-7-301 or a requirement
1453 of this part is not met, the lieutenant governor shall mark upon the front of the petition the
1454 word "insufficient."
1455 [
1456 the lieutenant governor's finding.
1457 [
1458 signatures to qualify the petition for the ballot.
1459 [
1460 voter believes is legally sufficient, the voter may, no later than 10 days after the day on which
1461 the lieutenant governor declares the petition insufficient, apply to the appropriate court for an
1462 extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.
1463 (b) If the court determines that the referendum petition is legally sufficient, the
1464 lieutenant governor shall file the petition, with a verified copy of the judgment attached to the
1465 referendum petition, as of the date on which the petition was originally offered for filing in the
1466 lieutenant governor's office.
1467 (c) If the court determines that a petition filed is not legally sufficient, the court may
1468 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1469 and numbers of that measure on the official ballot.
1470 [
1471 qualified for the ballot.
1472 Section 25. Section 20A-7-312 is amended to read:
1473 20A-7-312. Misconduct of electors and officers -- Penalty.
1474 (1) It is unlawful for any person to:
1475 (a) sign any name other than the person's own to a referendum petition;
1476 (b) knowingly sign the person's name more than once for the same measure at one
1477 election;
1478 (c) knowingly indicate [
1479
1480 the person signed the [
1481 (d) sign a referendum knowing the person is not a legal voter; or
1482 (e) knowingly and willfully violate any provision of this part.
1483 (2) It is unlawful for any person to sign the verification for a referendum packet, or to
1484 electronically sign the verification for a signature under Subsection 20A-21-201(9) knowing
1485 that:
1486 (a) the person does not meet the residency requirements of Section 20A-2-105;
1487 (b) the signature date [
1488
1489 (c) the person has not witnessed the signatures of those persons whose [
1490
1491 (d) one or more [
1492
1493 [
1494 (3) It is unlawful for any person to:
1495 (a) pay a person to sign a referendum petition;
1496 (b) pay a person to remove the person's signature from a referendum petition;
1497 (c) accept payment to sign a referendum petition; or
1498 (d) accept payment to have the person's name removed from a referendum petition.
1499 (4) Any person violating this section is guilty of a class A misdemeanor.
1500 Section 26. Section 20A-7-313 is enacted to read:
1501 20A-7-313. Electronic referendum process -- Form of referendum petition --
1502 Circulation requirements -- Signature collection.
1503 (1) This section applies only to the electronic referendum process.
1504 (2) (a) The first screen presented on the approved device shall include the following
1505 statement:
1506 "This REFERENDUM PETITION is addressed to the Honorable ____, Lieutenant
1507 Governor:
1508 The citizens of Utah who sign this petition respectfully order that Senate (or House)
1509 Bill No.____, entitled (title of act, and, if the petition is against less than the whole act, set
1510 forth here the part or parts on which the referendum is sought), passed by the Legislature of the
1511 state of Utah during the ____ Session, be referred to the people of Utah for their approval or
1512 rejection at a regular general election or a statewide special election."
1513 (b) An individual may not advance to the second screen until the individual clicks a
1514 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1515 understand the information presented on this screen."
1516 (3) (a) The second screen presented on the approved device shall include the entire text
1517 of the law that is the subject of the referendum petition.
1518 (b) An individual may not advance to the third screen until the individual clicks a link
1519 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1520 understand the entire text of the law that is the subject of the referendum petition."
1521 (4) (a) The third screen presented on the approved device shall include a statement
1522 indicating whether persons gathering signatures for the petition may be paid for gathering
1523 signatures.
1524 (b) An individual may not advance to the fourth screen until the individual clicks a link
1525 at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1526 understand the information presented on this screen."
1527 (5) The fourth screen presented on the approved device shall include the following
1528 statement, followed by links where the individual may click "yes" or "no":
1529 "I have personally reviewed the entirety of each statement presented on this device;
1530 I am personally signing this petition;
1531 I am registered to vote in Utah; and
1532 All information I enter on this device, including my residence and post office address, is
1533 accurate.
1534 It is a class A misdemeanor for an individual to sign a referendum petition with a name
1535 other than the individual's own name, or to knowingly sign the individual's name more than
1536 once for the same measure, or to sign a referendum petition when the individual knows that the
1537 individual is not a registered voter.
1538 WARNING
1539 Even if your voter registration record is classified as private, your name, voter
1540 identification number, and date of signature in relation to signing this petition will be made
1541 public.
1542 Do you wish to continue and sign this petition?"
1543 (6) (a) If the individual clicks "no" in response to the question described in Subsection
1544 (5), the next screen shall include the following statement, "Thank you for your time. Please
1545 return this device to the signature-gatherer."
1546 (b) If the individual clicks "yes" in response to the question described in Subsection
1547 (5), the website, or the application that accesses the website, shall take the signature-gatherer
1548 and the individual signing the petition through the signature process described in Section
1549 20A-21-201.
1550 Section 27. Section 20A-7-314 is enacted to read:
1551 20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
1552 remove signature.
1553 (1) This section applies to the electronic referendum process.
1554 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1555 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1556 an individual:
1557 (a) verifies that the individual is at least 18 years old and meets the residency
1558 requirements of Section 20A-2-105; and
1559 (b) is informed that each signer is required to read and understand the law that is the
1560 subject of the referendum petition.
1561 (4) A voter who has signed a referendum petition may have the voter's signature
1562 removed from the petition by submitting to the county clerk a statement requesting that the
1563 voter's signature be removed before 5 p.m. no later than the earlier of:
1564 (a) 30 days after the day on which the voter signs the statement requesting removal; or
1565 (b) 45 days after the day on which the lieutenant governor posts the voter's name under
1566 Subsection 20A-7-315(4).
1567 (5) (a) The statement shall include:
1568 (i) the name of the voter;
1569 (ii) the resident address at which the voter is registered to vote;
1570 (iii) the signature of the voter; and
1571 (iv) the date of the signature described in Subsection (5)(a)(iii).
1572 (b) To increase the likelihood of the voter's signature being identified and removed, the
1573 statement may include the voter's birth date or age.
1574 (c) A voter may not submit a signature removal statement by email or other electronic
1575 means, unless the lieutenant governor establishes a signature removal process that is consistent
1576 with the requirements of this section and Section 20A-21-201.
1577 (d) A person may only remove an electronic signature from a referendum petition in
1578 accordance with this section.
1579 (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1580 electronic signature from a referendum petition, in accordance with Section 20A-7-306.3.
1581 Section 28. Section 20A-7-315 is enacted to read:
1582 20A-7-315. Electronic referendum process -- Collecting signatures ---- Removal of
1583 signatures.
1584 (1) This section applies only to the electronic referendum process.
1585 (2) A signature-gatherer may not collect a signature after 5 p.m., 40 days after the day
1586 on which the legislative session at which the law passed ends.
1587 (3) The lieutenant governor shall send to each individual who provides a valid email
1588 address during the signature-gathering process an email that includes the following:
1589 (a) the subject of the email shall include the following statement, "Notice Regarding
1590 Your Petition Signature"; and
1591 (b) the body of the email shall include the following statement in 12-point type:
1592 "You signed a petition for the following referendum:
1593 [insert title of initiative]
1594 To access a copy of the referendum petition, the referendum, and information on the
1595 deadline for removing your signature from the petition, please visit the following link: [insert a
1596 uniform resource locator that takes the individual directly to the page on the lieutenant
1597 governor's website that includes the information referred to in the email]."
1598 (4) Except as provided in Subsection (5), the county clerk shall, within two business
1599 days after the day on which the signature of an individual who signs a petition is certified under
1600 Section 20A-21-201, post the name, voter identification number, and date of signature of the
1601 individual on the lieutenant governor's website, in a conspicuous location designated by the
1602 lieutenant governor.
1603 (5) (a) If the county clerk timely receives a statement requesting signature removal
1604 under Subsection 20A-7-314(4), the county clerk shall:
1605 (i) ensure that the voter's name, voter identification number, and date of signature are
1606 not included in the posting described in Subsection (4); and
1607 (ii) remove the voter's signature from the petition and the petition signature totals.
1608 (b) The county clerk shall comply with Subsection (5)(a) before the later of:
1609 (i) the deadline described in Subsection (4); or
1610 (ii) two business days after the day on which the county clerk receives a statement
1611 requesting signature removal under Subsection 20A-7-314(4).
1612 Section 29. Section 20A-7-502.6 is amended to read:
1613 20A-7-502.6. Posting initiative information.
1614 (1) Within one business day after the day on which the local clerk's office receives the
1615 initial fiscal impact estimate under Subsection 20A-7-502.5(4)(a), the local clerk shall post the
1616 following information together in a conspicuous place on the local clerk's website:
1617 (a) the initiative petition;
1618 (b) the initiative;
1619 (c) the fiscal impact estimate; and
1620 (d) information describing how an individual may remove the individual's signature
1621 from the signature [
1622 (2) The local clerk shall:
1623 (a) promptly update the information described in Subsection (1) if the information
1624 changes; and
1625 (b) maintain the information described in Subsection (1) on the local clerk's website
1626 until the initiative fails to qualify for the ballot or is passed or defeated at an election.
1627 Section 30. Section 20A-7-502.7 is amended to read:
1628 20A-7-502.7. Referability to voters.
1629 (1) Within 20 days after the day on which an eligible voter files an application to
1630 circulate an initiative petition under Section 20A-7-502, counsel for the county, city, town, or
1631 metro township to which the initiative pertains shall:
1632 (a) review the proposed law in the initiative application to determine whether the law is
1633 legally referable to voters; and
1634 (b) notify the first three sponsors, in writing, whether the proposed law is:
1635 (i) legally referable to voters; or
1636 (ii) rejected as not legally referable to voters.
1637 (2) A proposed law in an initiative application is legally referable to voters unless:
1638 (a) the proposed law is patently unconstitutional;
1639 (b) the proposed law is nonsensical;
1640 (c) the proposed law is administrative, rather than legislative, in nature;
1641 (d) the proposed law could not become law if passed;
1642 (e) the proposed law contains more than one subject as evaluated in accordance with
1643 Subsection 20A-7-502(3);
1644 (f) the subject of the proposed law is not clearly expressed in the law's title;
1645 (g) the proposed law is identical or substantially similar to a legally referable proposed
1646 law sought by an initiative application submitted to the local clerk, under Section 20A-7-502,
1647 within two years before the day on which the application for the current proposed initiative is
1648 filed; or
1649 (h) the application for the proposed law was not timely filed or does not comply with
1650 the requirements of this part.
1651 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
1652 or metro township may not:
1653 (a) reject a proposed initiative as not legally referable to voters; or
1654 (b) bring a legal action, other than to appeal a court decision, challenging a proposed
1655 initiative on the grounds that the proposed initiative is not legally referable to voters.
1656 (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
1657 the proposed initiative may, within 10 days after the day on which a sponsor is notified under
1658 Subsection (1)(b), appeal the decision to:
1659 (a) district court; or
1660 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
1661 (5) If, on appeal, the court determines that the law proposed in the initiative petition is
1662 legally referable to voters, the local clerk shall comply with Subsection [
1663 20A-7-504(3), or give the sponsors access to the website defined in Section 20A-21-101,
1664 within five days after the day on which the determination, and any appeal of the determination,
1665 is final.
1666 Section 31. Section 20A-7-503 is amended to read:
1667 20A-7-503. Manual initiative process -- Form of initiative petitions and signature
1668 sheets.
1669 (1) This section applies only to the manual initiative process.
1670 [
1671 following form:
1672 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
1673 Clerk:
1674 We, the undersigned citizens of Utah, respectfully demand that the following proposed
1675 law be submitted to: the legislative body for its approval or rejection at its next meeting; and
1676 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
1677 no action on it.
1678 Each signer says:
1679 I have personally signed this petition;
1680 The date next to my signature correctly reflects the date that I actually signed the
1681 petition;
1682 I have personally reviewed the entire statement included with this packet;
1683 I am registered to vote in Utah [
1684
1685 My residence and post office address are written correctly after my name."
1686 (b) If the initiative petition proposes a tax increase, the following statement shall
1687 appear, in at least 14-point, bold type, immediately following the information described in
1688 Subsection [
1689 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
1690 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
1691 percent increase in the current tax rate."
1692 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
1693 proposed law to each initiative petition.
1694 [
1695 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1696 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1697 that line blank for the purpose of binding;
1698 (c) include the title of the initiative printed below the horizontal line, in at least
1699 14-point, bold type;
1700 (d) include a table immediately below the title of the initiative, and beginning .5 inch
1701 from the left side of the paper, as follows:
1702 (i) the first column shall be .5 inch wide and include three rows;
1703 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1704 Office Use Only" in 10-point type;
1705 (iii) the second row of the first column shall be .35 inch tall;
1706 (iv) the third row of the first column shall be .5 inch tall;
1707 (v) the second column shall be 2.75 inches wide;
1708 (vi) the first row of the second column shall be .35 inch tall and contain the words
1709 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1710 (vii) the second row of the second column shall be .5 inch tall;
1711 (viii) the third row of the second column shall be .35 inch tall and contain the words
1712 "Street Address, City, Zip Code" in 10-point type;
1713 (ix) the fourth row of the second column shall be .5 inch tall;
1714 (x) the third column shall be 2.75 inches wide;
1715 (xi) the first row of the third column shall be .35 inch tall and contain the words
1716 "Signature of Registered Voter" in 10-point type;
1717 (xii) the second row of the third column shall be .5 inch tall;
1718 (xiii) the third row of the third column shall be .35 inch tall and contain the words
1719 "Email Address (optional, to receive additional information)" in 10-point type;
1720 (xiv) the fourth row of the third column shall be .5 inch tall;
1721 (xv) the fourth column shall be one inch wide;
1722 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1723 "Date Signed" in 10-point type;
1724 (xvii) the second row of the fourth column shall be .5 inch tall;
1725 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1726 "Birth Date or Age (optional)" in 10-point type;
1727 (xix) the fourth row of the third column shall be .5 inch tall; and
1728 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1729 and contain the following words "By signing this petition, you are stating that you have read
1730 and understand the law proposed by this petition." in 12-point type;
1731 (e) the table described in Subsection [
1732 room at the bottom of the sheet for the information described in Subsection [
1733 (f) at the bottom of the sheet, include in the following order:
1734 (i) the words "Fiscal impact of" followed by the title of the initiative, in at least
1735 12-point, bold type;
1736 (ii) the initial fiscal impact estimate's summary statement issued by the budget officer
1737 in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
1738 distributing information related to the initiative petition in accordance with Subsection
1739 20A-7-502.5(3), in not less than 12-point, bold type;
1740 (iii) if the initiative petition proposes a tax increase, the following statement in
1741 12-point, bold type:
1742 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
1743 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
1744 percent increase in the current tax rate."; and
1745 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
1746 not less than eight-point type:
1747 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
1748 other than the individual's own name, or to knowingly sign the individual's name more than
1749 once for the same measure, or to sign an initiative petition when the individual knows that the
1750 individual is not a registered voter [
1751
1752 Birth date or age information is not required, but it may be used to verify your identity
1753 with voter registration records. If you choose not to provide it, your signature may not be
1754 verified as a valid signature if you change your address before petition signatures are verified
1755 or if the information you provide does not match your voter registration records."
1756 [
1757 typed statement:
1758 "Verification of signature collector
1759 State of Utah, County of ____
1760 I, _______________, of ____, hereby state, under penalty of perjury, that:
1761 I am a resident of Utah and am at least 18 years old;
1762 All the names that appear in this packet were signed by individuals who professed to be
1763 the individuals whose names appear in it, and each of the individuals signed the individual's
1764 name on it in my presence;
1765 I did not knowingly make a misrepresentation of fact concerning the law proposed by
1766 the initiative;
1767 I believe that each individual has printed and signed the individual's name and written
1768 the individual's post office address and residence correctly, that each signer has read and
1769 understands the law proposed by the initiative, and that each signer is registered to vote in Utah
1770 [
1771
1772 ________________________________________________________________________
1773 (Name)
1774 Each individual who signed the packet wrote the correct date of signature next to the
1775 individual's name.
1776 I have not paid or given anything of value to any individual who signed this petition to
1777 encourage that individual to sign it.
1778 _____________________________________________________________________
1779 (Name) (Residence Address) (Date)".
1780 [
1781 petitions are sufficient, notwithstanding clerical and merely technical errors.
1782 [
1783 in accordance with Section 20A-2-105.
1784 Section 32. Section 20A-7-504 is amended to read:
1785 20A-7-504. Manual initiative process -- Circulation requirements -- Local clerk to
1786 provide sponsors with materials.
1787 (1) This section applies only to the manual initiative process.
1788 [
1789 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1790 in Subsections [
1791 requirements of this part.
1792 [
1793 or court determines, in accordance with Section 20A-7-502.7, that a law proposed in an
1794 initiative petition is legally referable to voters, the local clerk shall furnish to the sponsors:
1795 (a) a copy of the initiative petition; and
1796 (b) a signature sheet.
1797 [
1798 (a) arrange and pay for the printing of all additional copies of the petition and signature
1799 sheets; and
1800 (b) ensure that the copies of the petition and signature sheets meet the form
1801 requirements of this section.
1802 [
1803 circulation by creating multiple initiative packets.
1804 (b) The sponsors or an agent of the sponsors shall create initiative packets by binding a
1805 copy of the initiative petition and no more than 50 signature sheets together at the top in a
1806 manner that the packets may be conveniently opened for signing.
1807 (c) An initiative packet is not required to have a uniform number of signature sheets.
1808 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
1809 the proposition information pamphlet provided to the sponsors under Subsection
1810 20A-7-401.5(4)(b).
1811 [
1812 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
1813 number signature packets; and
1814 (ii) number each signature packet, sequentially, within the range of numbers provided
1815 by the county clerk, starting with the lowest number in the range.
1816 (b) The sponsors or an agent of the sponsors may not:
1817 (i) number a signature packet in a manner not directed by the county clerk; or
1818 (ii) circulate or submit a signature packet that is not numbered in the manner directed
1819 by the county clerk.
1820 (c) The county clerk shall keep a record of the number range provided under
1821 Subsection [
1822 Section 33. Section 20A-7-505 is amended to read:
1823 20A-7-505. Manual initiative process -- Obtaining signatures -- Verification --
1824 Removal of signature.
1825 (1) This section applies only to the manual initiative process.
1826 [
1827 resides in the local jurisdiction.
1828 [
1829 signature sheet was signed:
1830 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1831 (ii) verifies each signature sheet by completing the verification printed on the last page
1832 of each initiative packet; and
1833 (iii) is informed that each signer is required to read and understand the law proposed by
1834 the initiative.
1835 (b) An individual may not sign the verification printed on the last page of the initiative
1836 packet if the individual signed a signature sheet in the initiative packet.
1837 [
1838 removed from the petition by submitting a statement requesting that the voter's signature be
1839 removed before 5 p.m. no later than the earlier of:
1840 (i) 30 days after the day on which the voter signs the signature removal statement;
1841 (ii) 90 days after the day on which the local clerk posts the voter's name under
1842 Subsection 20A-7-507(2)[
1843 (iii) 316 days after the day on which the application is filed; or
1844 (iv) (A) for a county initiative, April 15 immediately before the next regular general
1845 election immediately after the application is filed under Section 20A-7-502; or
1846 (B) for a municipal initiative, April 15 immediately before the next municipal general
1847 election immediately after the application is filed under Section 20A-7-502.
1848 (b) (i) The statement shall include:
1849 (A) the name of the voter;
1850 (B) the resident address at which the voter is registered to vote;
1851 (C) the signature of the voter; and
1852 (D) the date of the signature described in Subsection [
1853 (ii) To increase the likelihood of the voter's signature being identified and removed, the
1854 statement may include the voter's birth date or age.
1855 (c) A voter may not submit a statement by email or other electronic means.
1856 (d) In order for the signature to be removed, the county clerk must receive the
1857 statement before 5 p.m. no later than the applicable deadline described in Subsection [
1858 (4)(a).
1859 (e) A person may only remove a signature from an initiative petition in accordance
1860 with this Subsection [
1861 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1862 an initiative petition, in accordance with Section 20A-7-506.3.
1863 Section 34. Section 20A-7-506 is amended to read:
1864 20A-7-506. Manual initiative process -- Submitting the initiative petition --
1865 Certification of signatures by the county clerks -- Transfer to local clerk.
1866 (1) This section applies only to the manual initiative process.
1867 [
1868 verified initiative packet to the county clerk of the county in which the packet was circulated
1869 before 5 p.m. no later than the earlier of:
1870 (i) 30 days after the day on which the first individual signs the initiative packet;
1871 (ii) 316 days after the day on which the application is filed; or
1872 (iii) (A) for a county initiative, April 15 immediately before the next regular general
1873 election immediately after the application is filed under Section 20A-7-502; or
1874 (B) for a municipal initiative, April 15 immediately before the next municipal general
1875 election immediately after the application is filed under Section 20A-7-502.
1876 (b) A person may not submit an initiative packet after the deadline established in
1877 Subsection [
1878 (c) Before delivering a packet to the county clerk under Subsection [
1879 sponsors shall send an email to each individual who provides a legible, valid email address on
1880 the form described in Subsection 20A-7-503[
1881 (i) the subject of the email shall include the following statement, "Notice Regarding
1882 Your Petition Signature"; and
1883 (ii) the body of the email shall include the following statement in 12-point type:
1884 "You signed a petition for the following initiative:
1885 [insert title of initiative]
1886 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
1887 information on the deadline for removing your signature from the petition, please visit the
1888 following link: [insert a uniform resource locator that takes the individual directly to the page
1889 on the county clerk's website that includes the information referred to in the email]."
1890 (d) When the sponsors submit the final signature packet to the county clerk, the
1891 sponsors shall submit to the county clerk the following written verification, completed and
1892 signed by each of the sponsors:
1893 "Verification of initiative sponsor
1894 State of Utah, County of __________
1895 I, ____________, of ____________, hereby state, under penalty of perjury, that:
1896 I am a sponsor of the initiative petition entitled __________________________;
1897 I sent, or caused to be sent, to each individual who provided a legible, valid email
1898 address on a signature packet submitted to the county clerk in relation to the initiative petition,
1899 the email described in Utah Code Subsection 20A-7-506[
1900 ____________________________________________________________________________
1901 (Name)
1902 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
1903 comply with this Subsection [
1904 [
1905 receives the packet:
1906 (a) determine whether each signer is a registered voter according to the requirements of
1907 Section 20A-7-506.3;
1908 (b) certify on the petition whether each name is that of a registered voter;
1909 (c) except as provided in Subsection [
1910 number, and date of signature of each registered voter certified under Subsection [
1911 the lieutenant governor's website, in a conspicuous location designated by the lieutenant
1912 governor; and
1913 (d) deliver the verified initiative packet to the local clerk.
1914 [
1915 removal under Subsection 20A-7-505[
1916 (i) ensure that the voter's name [
1917 are not included in the posting described in Subsection [
1918 (ii) remove the voter's signature from the signature packets and signature packet totals.
1919 (b) The county clerk shall comply with Subsection [
1920 (i) the deadline described in Subsection [
1921 (ii) two business days after the day on which the county clerk receives a statement
1922 requesting signature removal under Subsection [
1923 (c) The local clerk shall post a link in a conspicuous location on the local government's
1924 website to the posting described in Subsection [
1925 in Subsection [
1926 [
1927 initiative packet that is not verified in accordance with Section 20A-7-505.
1928 [
1929 any alterations or corrections to an initiative packet, after the initiative packet is submitted to
1930 the county clerk.
1931 Section 35. Section 20A-7-506.3 is amended to read:
1932 20A-7-506.3. Verification of petition signatures.
1933 (1) As used in this section:
1934 (a) "Substantially similar name" means:
1935 (i) the given name and surname shown on the petition, or both, contain only minor
1936 spelling differences when compared to the given name and surname shown on the official
1937 register;
1938 (ii) the surname shown on the petition exactly matches the surname shown on the
1939 official register, and the given names differ only because one of the given names shown is a
1940 commonly used abbreviation or variation of the other;
1941 (iii) the surname shown on the petition exactly matches the surname shown on the
1942 official register, and the given names differ only because one of the given names shown is
1943 accompanied by a first or middle initial or a middle name which is not shown on the other
1944 record; or
1945 (iv) the surname shown on the petition exactly matches the surname shown on the
1946 official register, and the given names differ only because one of the given names shown is an
1947 alphabetically corresponding initial that has been provided in the place of a given name shown
1948 on the other record.
1949 (b) "Substantially similar name" does not mean a name having an initial or a middle
1950 name shown on the petition that does not match a different initial or middle name shown on the
1951 official register.
1952 (2) [
1953 signature, the county clerk shall use the following procedures in determining whether a signer
1954 is a registered voter:
1955 (a) When a signer's name and address shown on the petition exactly match a name and
1956 address shown on the official register and the signer's signature appears substantially similar to
1957 the signature on the statewide voter registration database, the county clerk shall declare the
1958 signature valid.
1959 (b) When there is no exact match of an address and a name, the county clerk shall
1960 declare the signature valid if:
1961 (i) the address on the petition matches the address of an individual on the official
1962 register with a substantially similar name; and
1963 (ii) the signer's signature appears substantially similar to the signature on the statewide
1964 voter registration database of the individual described in Subsection (2)(b)(i).
1965 (c) When there is no match of an address and a substantially similar name, the county
1966 clerk shall declare the signature valid if:
1967 (i) the birth date or age on the petition matches the birth date or age of an individual on
1968 the official register with a substantially similar name; and
1969 (ii) the signer's signature appears substantially similar to the signature on the statewide
1970 voter registration database of the individual described in Subsection (2)(c)(i).
1971 (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
1972 county clerk shall declare the signature to be invalid.
1973 (3) [
1974 statement to remove the individual's signature from an initiative petition, the county clerk shall
1975 use the following procedures in determining whether to remove a signature from a petition
1976 after receiving a timely, valid statement requesting removal of the signature:
1977 (a) if a signer's name and address shown on the statement and the petition exactly
1978 match a name and address shown on the official register and the signer's signature on both the
1979 statement and the petition appears substantially similar to the signature on the statewide voter
1980 registration database, the county clerk shall remove the signature from the petition;
1981 (b) if there is no exact match of an address and a name, the county clerk shall remove
1982 the signature from the petition if:
1983 (i) the address on the statement and the petition matches the address of an individual
1984 on the official register with a substantially similar name; and
1985 (ii) the signer's signature on both the statement and the petition appears substantially
1986 similar to the signature on the statewide voter registration database of the individual described
1987 in Subsection (3)(b)(i);
1988 (c) if there is no match of an address and a substantially similar name, the county clerk
1989 shall remove the signature from the petition if:
1990 (i) the birth date or age on the statement and petition match the birth date or age of an
1991 individual on the official register with a substantially similar name; and
1992 (ii) the signer's signature on both the statement and the petition appears substantially
1993 similar to the signature on the statewide voter registration database of the individual described
1994 in Subsection (3)(c)(i); and
1995 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1996 county clerk may not remove the signature from the petition.
1997 Section 36. Section 20A-7-507 is amended to read:
1998 20A-7-507. Evaluation by the local clerk.
1999 (1) [
2000 initiative packet from a county clerk, the local clerk shall record the number of the initiative
2001 packet received.
2002 (2) [
2003 (a) in relation to the manual initiative process:
2004 (i) post the names [
2005 described in Subsection [
2006 website, in a conspicuous location designated by the lieutenant governor, for at least 90 days;
2007 and
2008 (ii) update on the local government's website the number of signatures certified as of
2009 the date of the update[
2010 (b) in relation to the electronic initiative process:
2011 (i) post the names, voter identification numbers, and dates of signatures described in
2012 Subsection 20A-7-516(4) on the lieutenant governor's website, in a conspicuous location
2013 designated by the lieutenant governor, for at least 90 days; and
2014 (ii) update on the local government's website the number of signatures certified as of
2015 the date of the update.
2016 [
2017 [
2018 to be sufficient or insufficient:
2019 (i) in relation to the manual initiative process, no later than 21 days after the day of the
2020 applicable deadline described in Subsection [
2021 (ii) in relation to the electronic initiative process, no later than 21 days after the day of
2022 the applicable deadline described in Subsection 20A-7-516(2); or
2023 [
2024 Subsection [
2025 [
2026 timely and lawfully submitted signature packets that have been certified by the county clerks,
2027 plus the number of signatures on timely and lawfully submitted signature packets that have not
2028 yet been evaluated for certification, is less than the number of names required under Section
2029 20A-7-501; [
2030 (ii) in relation to the electronic initiative process, the total of all timely and lawfully
2031 submitted valid signatures that have been certified by the county clerks, plus the number of
2032 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
2033 that have not yet been evaluated for certification, is less than the number of names required
2034 under Section 20A-7-501; or
2035 [
2036 [
2037
2038 20A-7-501 and the requirements of this part are met, the local clerk shall mark upon the front
2039 of the petition the word "sufficient."
2040 [
2041
2042 20A-7-501 or a requirement of this part is not met, the local clerk shall mark upon the front of
2043 the petition the word "insufficient."
2044 [
2045 clerk's finding.
2046 [
2047 signatures to qualify the petition for the ballot.
2048 [
2049 verified signature sheet to be insufficient, any sponsor may file a written demand with the local
2050 clerk for a recount of the signatures appearing on the initiative petition in the presence of any
2051 sponsor.
2052 [
2053 qualified for the ballot.
2054 Section 37. Section 20A-7-512 is amended to read:
2055 20A-7-512. Misconduct of electors and officers -- Penalty.
2056 (1) It is unlawful for any individual to:
2057 (a) sign any name other than the individual's own name to any initiative petition;
2058 (b) sign an initiative knowing the individual is not a legal voter; or
2059 (c) knowingly and willfully violate any provision of this part.
2060 (2) It is unlawful for any individual to sign the verification for an initiative packet, or
2061 to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
2062 that:
2063 (a) the individual does not meet the residency requirements of Section 20A-2-105;
2064 (b) the individual has not witnessed the signatures of the individuals whose [
2065
2066 (c) one or more individuals [
2067
2068 [
2069 (3) An individual who violates this part is guilty of a class A misdemeanor.
2070 Section 38. Section 20A-7-514 is enacted to read:
2071 20A-7-514. Electronic initiative process - Form of initiative petition -- Circulation
2072 requirements -- Signature collection.
2073 (1) This section applies only to the electronic initiative process.
2074 (2) (a) The first screen presented on the approved device shall include the following
2075 statement:
2076 "This INITIATIVE PETITION is addressed to the Honorable ____, County Clerk/City
2077 Recorder/Town Clerk:
2078 The citizens of Utah who sign this petition respectfully demand that the following
2079 proposed law be submitted to: the legislative body for its approval or rejection at its next
2080 meeting; and the legal voters of the county/city/town, if the legislative body rejects the
2081 proposed law or takes no action on it."
2082 (b) An individual may not advance to the second screen until the individual clicks a
2083 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2084 understand the information presented on this screen."
2085 (3) (a) The second screen presented on the approved device shall include the title of
2086 proposed law, described in Subsection 20A-7-502(2)(d)(i), followed by the entire text of the
2087 proposed law.
2088 (b) An individual may not advance to the third screen until the individual clicks a link
2089 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
2090 understand the entire text of the proposed law."
2091 (4) Subsequent screens shall be presented on the device in the following order, with the
2092 individual viewing the device being required, before advancing to the next screen, to click a
2093 link at the bottom of the screen with the following statement, "By clicking here, I attest that I
2094 have read and understand the information presented on this screen.":
2095 (a) (i) if the initiative petition proposes a tax increase, the following statement, "This
2096 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
2097 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2098 increase in the current tax rate."; or
2099 (ii) if the initiative petition does not propose a tax increase, the following statement,
2100 "This initiative petition does not propose a tax increase.";
2101 (b) the initial fiscal impact estimate's summary statement issued by the budget officer
2102 in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
2103 distributing information related to the initiative petition in accordance with Subsection
2104 20A-7-502.5(3);
2105 (c) a statement indicating whether persons gathering signatures for the petition may be
2106 paid for gathering signatures; and
2107 (d) the following statement, followed by links where the individual may click "yes" or
2108 "no":
2109 "I have personally reviewed the entirety of each statement presented on this device;
2110 I am personally signing this petition;
2111 I am registered to vote in Utah; and
2112 All information I enter on this device, including my residence and post office address, is
2113 accurate.
2114 It is a class A misdemeanor for an individual to sign an initiative petition with a name
2115 other than the individual's own name, or to knowingly sign the individual's name more than
2116 once for the same measure, or to sign an initiative petition when the individual knows that the
2117 individual is not a registered voter.
2118 WARNING
2119 Even if your voter registration record is classified as private, your name, voter
2120 identification number, and date of signature in relation to signing this petition will be made
2121 public.
2122 Do you wish to continue and sign this petition?"
2123 (5) (a) If the individual clicks "no" in response to the question described in Subsection
2124 (4)(d), the next screen shall include the following statement, "Thank you for your time. Please
2125 return this device to the signature-gatherer."
2126 (b) If the individual clicks "yes" in response to the question described in Subsection
2127 (4)(d), the website, or the application that accesses the website, shall take the signature-gatherer
2128 and the individual signing the petition through the signature process described in Section
2129 20A-21-201.
2130 Section 39. Section 20A-7-515 is enacted to read:
2131 20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
2132 remove signature.
2133 (1) This section applies to the electronic initiative process.
2134 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
2135 resides in the local jurisdiction.
2136 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
2137 an individual:
2138 (a) verifies that the individual is at least 18 years old and meets the residency
2139 requirements of Section 20A-2-105; and
2140 (b) is informed that each signer is required to read and understand the law proposed by
2141 the initiative.
2142 (4) (a) A voter who has signed an initiative petition may have the voter's signature
2143 removed from the petition by submitting to the county clerk a statement requesting that the
2144 voter's signature be removed before 5 p.m. no later than the earlier of:
2145 (i) 30 days after the day on which the voter signs the signature removal statement;
2146 (ii) 90 days after the day on which the local clerk posts the voter's name under
2147 Subsection 20A-7-516(4);
2148 (iii) 316 days after the day on which the application is filed; or
2149 (iv) (A) for a county initiative, April 15 immediately before the next regular general
2150 election immediately after the application is filed under Section 20A-7-502; or
2151 (B) for a municipal initiative, April 15 immediately before the next municipal general
2152 election immediately after the application is filed under Section 20A-7-502.
2153 (b) The statement shall include:
2154 (i) the name of the voter;
2155 (ii) the resident address at which the voter is registered to vote;
2156 (iii) the signature of the voter; and
2157 (iv) the date of the signature described in Subsection (4)(b)(iii).
2158 (c) To increase the likelihood of the voter's signature being identified and removed, the
2159 statement may include the voter's birth date or age.
2160 (d) A voter may not submit a signature removal statement by email or other electronic
2161 means, unless the lieutenant governor establishes a signature removal process that is consistent
2162 with the requirements of this section and Section 20A-21-201.
2163 (e) A person may only remove an electronic signature from an initiative petition in
2164 accordance with this section.
2165 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
2166 electronic signature from an initiative petition, in accordance with Section 20A-7-506.3.
2167 Section 40. Section 20A-7-516 is enacted to read:
2168 20A-7-516. Electronic initiative process -- Collecting signatures -- Email
2169 notification -- Removal of signatures.
2170 (1) This section applies only to the electronic initiative process.
2171 (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
2172 (a) 316 days after the day on which the application is filed; or
2173 (b) (i) for a county initiative, April 15 immediately before the next regular general
2174 election immediately after the application is filed under Section 20A-7-502; or
2175 (ii) for a municipal initiative, April 15 immediately before the next municipal general
2176 election immediately after the application is filed under Section 20A-7-502.
2177 (3) The local clerk shall send to each individual who provides a valid email address
2178 during the signature-gathering process an email that includes the following:
2179 (a) the subject of the email shall include the following statement, "Notice Regarding
2180 Your Petition Signature"; and
2181 (b) the body of the email shall include the following statement in 12-point type:
2182 "You signed a petition for the following initiative:
2183 [insert title of initiative]
2184 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
2185 information on the deadline for removing your signature from the petition, please visit the
2186 following link: [insert a uniform resource locator that takes the individual directly to the page
2187 on the lieutenant governor's website that includes the information referred to in the email]."
2188 (4) Except as provided in Subsection (5), the county clerk shall, within two business
2189 days after the day on which the signature of an individual who signs a petition is certified under
2190 Section 20A-21-201, post the name, voter identification number, and date of signature of the
2191 individual on the lieutenant governor's website, in a conspicuous location designated by the
2192 lieutenant governor.
2193 (5) (a) If the local clerk timely receives a statement requesting signature removal under
2194 Subsection 20A-7-515(4), the local clerk shall:
2195 (i) ensure that the voter's name, voter identification number, and date of signature are
2196 not included in the posting described in Subsection (4); and
2197 (ii) remove the voter's signature from the petition and the petition signature totals.
2198 (b) The local clerk shall comply with Subsection (5)(a) before the later of:
2199 (i) the deadline described in Subsection (4); or
2200 (ii) two business days after the day on which the county clerk receives a statement
2201 requesting signature removal under Subsection 20A-7-515(4).
2202 Section 41. Section 20A-7-602.7 is amended to read:
2203 20A-7-602.7. Referability to voters of local law other than land use law.
2204 (1) Within 20 days after the day on which an eligible voter files an application to
2205 circulate a referendum petition under Section 20A-7-602 for a local law other than a land use
2206 law, counsel for the county, city, town, or metro township to which the referendum pertains
2207 shall:
2208 (a) review the application to determine whether the proposed referendum is legally
2209 referable to voters; and
2210 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
2211 (i) legally referable to voters; or
2212 (ii) rejected as not legally referable to voters.
2213 (2) For a local law other than a land use law, a proposed referendum is legally referable
2214 to voters unless:
2215 (a) the proposed referendum challenges an action that is administrative, rather than
2216 legislative, in nature;
2217 (b) the proposed referendum challenges more than one law passed by the local
2218 legislative body; or
2219 (c) the application for the proposed referendum was not timely filed or does not
2220 comply with the requirements of this part.
2221 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
2222 or metro township may not, for a local law other than a land use law:
2223 (a) reject a proposed referendum as not legally referable to voters; or
2224 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2225 proposed referendum on the grounds that the proposed referendum is not legally referable to
2226 voters.
2227 (4) (a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a
2228 proposed referendum concerning a local law other than a land use law, a sponsor of the
2229 proposed referendum may, within 10 days after the day on which a sponsor is notified under
2230 Subsection (1)(b), challenge or appeal the decision to:
2231 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
2232 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2233 under Subsection (4)(a)(i).
2234 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
2235 (4)(a) terminates the referendum.
2236 (5) If, on a challenge or appeal, the court determines that the proposed referendum
2237 described in Subsection (4) is legally referable to voters, the local clerk shall comply with
2238 Subsection [
2239 Section 20A-21-101, within five days after the day on which the determination, and any
2240 challenge or appeal of the determination, is final.
2241 Section 42. Section 20A-7-602.8 is amended to read:
2242 20A-7-602.8. Referability to voters of local land use law.
2243 (1) Within 20 days after the day on which an eligible voter files an application to
2244 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
2245 county, city, town, or metro township to which the referendum pertains shall:
2246 (a) review the application to determine whether the proposed referendum is legally
2247 referable to voters; and
2248 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
2249 (i) legally referable to voters; or
2250 (ii) rejected as not legally referable to voters.
2251 (2) For a land use law, a proposed referendum is legally referable to voters unless:
2252 (a) the proposed referendum challenges an action that is administrative, rather than
2253 legislative, in nature;
2254 (b) the proposed referendum challenges a land use decision, rather than a land use
2255 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
2256 (c) the proposed referendum challenges more than one law passed by the local
2257 legislative body; or
2258 (d) the application for the proposed referendum was not timely filed or does not
2259 comply with the requirements of this part.
2260 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
2261 or metro township may not, for a land use law:
2262 (a) reject a proposed referendum as not legally referable to voters; or
2263 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2264 proposed referendum on the grounds that the proposed referendum is not legally referable to
2265 voters.
2266 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
2267 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
2268 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
2269 to:
2270 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
2271 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2272 under Subsection (4)(a)(i).
2273 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
2274 (4)(a) terminates the referendum.
2275 (5) If, on challenge or appeal, the court determines that the proposed referendum is
2276 legally referable to voters, the local clerk shall comply with Subsection [
2277 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101,
2278 within five days after the day on which the determination, and any challenge or appeal of the
2279 determination, is final.
2280 Section 43. Section 20A-7-603 is amended to read:
2281 20A-7-603. Manual referendum process -- Form of referendum petition and
2282 signature sheets.
2283 (1) This section applies only to the manual referendum process.
2284 [
2285 following form:
2286 "REFERENDUM PETITION To the Honorable ____, County Clerk/City
2287 Recorder/Town Clerk:
2288 We, the undersigned citizens of Utah, respectfully order that (description of local law or
2289 portion of local law being challenged), passed by the ____ be referred to the voters for their
2290 approval or rejection at the regular/municipal general election to be held on
2291 __________(month\day\year);
2292 Each signer says:
2293 I have personally signed this petition;
2294 The date next to my signature correctly reflects the date that I actually signed the
2295 petition;
2296 I have personally reviewed the entire statement included with this packet;
2297 I am registered to vote in Utah [
2298
2299 My residence and post office address are written correctly after my name."
2300 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
2301 law that is the subject of the referendum to each referendum petition.
2302 [
2303 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2304 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2305 that line blank for the purpose of binding;
2306 (c) include the title of the referendum printed below the horizontal line, in at least
2307 14-point type;
2308 (d) include a table immediately below the title of the referendum, and beginning .5 inch
2309 from the left side of the paper, as follows:
2310 (i) the first column shall be .5 inch wide and include three rows;
2311 (ii) the first row of the first column shall be .85 inch tall and contain the words "For
2312 Office Use Only" in 10-point type;
2313 (iii) the second row of the first column shall be .35 inch tall;
2314 (iv) the third row of the first column shall be .5 inch tall;
2315 (v) the second column shall be 2.75 inches wide;
2316 (vi) the first row of the second column shall be .35 inch tall and contain the words
2317 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
2318 (vii) the second row of the second column shall be .5 inch tall;
2319 (viii) the third row of the second column shall be .35 inch tall and contain the words
2320 "Street Address, City, Zip Code" in 10-point type;
2321 (ix) the fourth row of the second column shall be .5 inch tall;
2322 (x) the third column shall be 2.75 inches wide;
2323 (xi) the first row of the third column shall be .35 inch tall and contain the words
2324 "Signature of Registered Voter" in 10-point type;
2325 (xii) the second row of the third column shall be .5 inch tall;
2326 (xiii) the third row of the third column shall be .35 inch tall and contain the words
2327 "Email Address (optional, to receive additional information)" in 10-point type;
2328 (xiv) the fourth row of the third column shall be .5 inch tall;
2329 (xv) the fourth column shall be one inch wide;
2330 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
2331 "Date Signed" in 10-point type;
2332 (xvii) the second row of the fourth column shall be .5 inch tall;
2333 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
2334 "Birth Date or Age (optional)" in 10-point type;
2335 (xix) the fourth row of the third column shall be .5 inch tall; and
2336 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
2337 and contain the following words, "By signing this petition, you are stating that you have read
2338 and understand the law that this petition seeks to overturn." in 12-point type;
2339 (e) the table described in Subsection [
2340 room at the bottom of the sheet or the information described in Subsection [
2341 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
2342 followed by the following statement in not less than eight-point type:
2343 "It is a class A misdemeanor for an individual to sign a referendum petition with a name
2344 other than the individual's own name, or to knowingly sign the individual's name more than
2345 once for the same measure, or to sign a referendum petition when the individual knows that the
2346 individual is not a registered voter [
2347
2348 Birth date or age information is not required, but it may be used to verify your identity
2349 with voter registration records. If you choose not to provide it, your signature may not be
2350 verified as a valid signature if you change your address before petition signatures are verified
2351 or if the information you provide does not match your voter registration records."
2352 [
2353 or typed statement:
2354 "Verification of signature collector
2355 State of Utah, County of ____
2356 I, _______________, of ____, hereby state, under penalty of perjury, that:
2357 I am a resident of Utah and am at least 18 years old;
2358 All the names that appear in this packet were signed by individuals who professed to be
2359 the individuals whose names appear in it, and each of the individuals signed the individual's
2360 name on it in my presence;
2361 I did not knowingly make a misrepresentation of fact concerning the law this petition
2362 seeks to overturn;
2363 I believe that each individual has printed and signed the individual's name and written
2364 the individual's post office address and residence correctly, that each signer has read and
2365 understands the law that the referendum seeks to overturn, and that each signer is registered to
2366 vote in Utah [
2367
2368 ________________________________________________________________________
2369 (Name)
2370 Each individual who signed the packet wrote the correct date of signature next to the
2371 individual's name.
2372 I have not paid or given anything of value to any individual who signed this petition to
2373 encourage that individual to sign it.
2374 _____________________________________________________________________
2375 (Name) (Residence Address) (Date)".
2376 [
2377 referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
2378 [
2379 in accordance with Section 20A-2-105.
2380 Section 44. Section 20A-7-604 is amended to read:
2381 20A-7-604. Manual referendum process -- Circulation requirements -- Local
2382 clerk to provide sponsors with materials.
2383 (1) This section applies only to the manual referendum process.
2384 [
2385 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
2386 in Subsections [
2387 form requirements of this part.
2388 [
2389 or court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
2390 legally referable to voters, the local clerk shall furnish to the sponsors:
2391 (a) a copy of the referendum petition; and
2392 (b) a signature sheet.
2393 [
2394 (a) arrange and pay for the printing of all additional copies of the petition and signature
2395 sheets; and
2396 (b) ensure that the copies of the petition and signature sheets meet the form
2397 requirements of this section.
2398 [
2399 circulation by creating multiple referendum packets.
2400 (b) The sponsors or an agent of the sponsors shall create referendum packets by
2401 binding a copy of the referendum petition and no more than 50 signature sheets together at the
2402 top in a manner that the packets may be conveniently opened for signing.
2403 (c) A referendum packet is not required to have a uniform number of signature sheets.
2404 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
2405 the proposition information pamphlet provided to the sponsors under Subsection
2406 20A-7-401.5(4)(b).
2407 [
2408 (i) contact the county clerk to receive a range of numbers that the sponsors may use to
2409 number signature packets; and
2410 (ii) number each signature packet, sequentially, within the range of numbers provided
2411 by the county clerk, starting with the lowest number in the range.
2412 (b) The sponsors or an agent of the sponsors may not:
2413 (i) number a signature packet in a manner not directed by the county clerk; or
2414 (ii) circulate or submit a signature packet that is not numbered in the manner directed
2415 by the county clerk.
2416 (c) The county clerk shall keep a record of the number range provided under
2417 Subsection [
2418 Section 45. Section 20A-7-604.5 is amended to read:
2419 20A-7-604.5. Posting referendum information.
2420 (1) On the day on which the local clerk complies with Subsection [
2421 20A-7-604(3), or gives the sponsors access to the website defined in Section 20A-21-101, the
2422 local clerk shall post the following information together in a conspicuous place on the local
2423 clerk's website:
2424 (a) the referendum petition;
2425 (b) the referendum; and
2426 (c) information describing how an individual may remove the individual's signature
2427 from the [
2428 (2) The local clerk shall:
2429 (a) promptly update the information described in Subsection (1) if the information
2430 changes; and
2431 (b) maintain the information described in Subsection (1) on the local clerk's website
2432 until the referendum fails to qualify for the ballot or is passed or defeated at an election.
2433 Section 46. Section 20A-7-605 is amended to read:
2434 20A-7-605. Manual referendum process -- Obtaining signatures -- Verification --
2435 Removal of signature.
2436 (1) This section applies only to the manual referendum process.
2437 [
2438 and resides in the local jurisdiction.
2439 [
2440 signature sheet was signed:
2441 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
2442 (ii) verifies each signature sheet by completing the verification printed on the last page
2443 of each referendum packet; and
2444 (iii) is informed that each signer is required to read and understand the law that the
2445 referendum seeks to overturn.
2446 (b) An individual may not sign the verification printed on the last page of the
2447 referendum packet if the individual signed a signature sheet in the referendum packet.
2448 [
2449 signature removed from the petition by submitting to the county clerk a statement requesting
2450 that the voter's signature be removed no later than the earlier of:
2451 (i) 30 days after the day on which the voter signs the statement requesting removal; or
2452 (ii) 45 days after the day on which the local clerk posts the voter's name under
2453 Subsection 20A-7-607(2)(a).
2454 (b) (i) The statement shall include:
2455 (A) the name of the voter;
2456 (B) the resident address at which the voter is registered to vote;
2457 (C) the signature of the voter; and
2458 (D) the date of the signature described in Subsection [
2459 (ii) To increase the likelihood of the voter's signature being identified and removed, the
2460 statement may include the voter's birth date or age.
2461 (c) A voter may not submit a statement by email or other electronic means.
2462 (d) In order for the signature to be removed, the county clerk must receive the
2463 statement before 5 p.m. no later than 45 days after the day on which the local clerk posts the
2464 voter's name under Subsection 20A-7-607(2)(a).
2465 (e) A person may only remove a signature from a referendum petition in accordance
2466 with this Subsection [
2467 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
2468 a referendum petition, in accordance with Section 20A-7-606.3.
2469 Section 47. Section 20A-7-606 is amended to read:
2470 20A-7-606. Manual referendum process -- Submitting the referendum petition --
2471 Certification of signatures by the county clerks -- Transfer to local clerk.
2472 (1) This section applies only to the manual referendum process.
2473 [
2474 verified referendum packet to the county clerk of the county in which the packet was circulated
2475 before 5 p.m. no later than the earlier of:
2476 (i) 30 days after the day on which the first individual signs the referendum packet; or
2477 (ii) 45 days after the day on which the sponsors receive the items described in
2478 Subsection [
2479 (b) A person may not submit a referendum packet after the deadline described in
2480 Subsection [
2481 [
2482 referendum packet under Subsection [
2483 (a) determine whether each signer is a registered voter according to the requirements of
2484 Section 20A-7-606.3;
2485 (b) certify on the petition whether each name is that of a registered voter;
2486 (c) provide the name [
2487 registered voter certified under Subsection [
2488 (d) deliver the verified packet to the local clerk.
2489 [
2490 removal under Subsection [
2491 (i) ensure that the voter's name [
2492 are not included in the posting described in Subsection 20A-7-607(2)(a); and
2493 (ii) remove the voter's signature from the signature packets and signature packet totals.
2494 (b) The county clerk shall comply with Subsection [
2495 (i) the deadline described in Subsection [
2496 (ii) two business days after the day on which the county clerk receives a statement
2497 requesting signature removal under Subsection [
2498 (c) The local clerk shall post a link in a conspicuous location on the local government's
2499 website to the posting described in Subsection 20A-7-607(2)(a) during the period of time
2500 described in Subsection 20A-7-607(2)(a)(i).
2501 [
2502 (a) on a referendum packet that is not verified in accordance with Section 20A-7-605;
2503 or
2504 (b) that does not have a date of signature next to the signature.
2505 [
2506 any alterations or corrections to a referendum packet, after the referendum packet is submitted
2507 to the county clerk.
2508 Section 48. Section 20A-7-606.3 is amended to read:
2509 20A-7-606.3. Verification of petition signatures.
2510 (1) As used in this section:
2511 (a) "Substantially similar name" means:
2512 (i) the given name and surname shown on the petition, or both, contain only minor
2513 spelling differences when compared to the given name and surname shown on the official
2514 register;
2515 (ii) the surname shown on the petition exactly matches the surname shown on the
2516 official register, and the given names differ only because one of the given names shown is a
2517 commonly used abbreviation or variation of the other;
2518 (iii) the surname shown on the petition exactly matches the surname shown on the
2519 official register, and the given names differ only because one of the given names shown is
2520 accompanied by a first or middle initial or a middle name which is not shown on the other
2521 record; or
2522 (iv) the surname shown on the petition exactly matches the surname shown on the
2523 official register, and the given names differ only because one of the given names shown is an
2524 alphabetically corresponding initial that has been provided in the place of a given name shown
2525 on the other record.
2526 (b) "Substantially similar name" does not mean a name having an initial or a middle
2527 name shown on the petition that does not match a different initial or middle name shown on the
2528 official register.
2529 (2) [
2530 holographic signature, the county clerk shall use the following procedures in determining
2531 whether a signer is a registered voter:
2532 (a) When a signer's name and address shown on the petition exactly match a name and
2533 address shown on the official register and the signer's signature appears substantially similar to
2534 the signature on the statewide voter registration database, the county clerk shall declare the
2535 signature valid.
2536 (b) When there is no exact match of an address and a name, the county clerk shall
2537 declare the signature valid if:
2538 (i) the address on the petition matches the address of an individual on the official
2539 register with a substantially similar name; and
2540 (ii) the signer's signature appears substantially similar to the signature on the statewide
2541 voter registration database of the individual described in Subsection (2)(b)(i).
2542 (c) When there is no match of an address and a substantially similar name, the county
2543 clerk shall declare the signature valid if:
2544 (i) the birth date or age on the petition matches the birth date or age of an individual on
2545 the official register with a substantially similar name; and
2546 (ii) the signer's signature appears substantially similar to the signature on the statewide
2547 voter registration database of the individual described in Subsection (2)(c)(i).
2548 (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
2549 clerk shall declare the signature to be invalid.
2550 (3) [
2551 statement to remove the individual's signature from a referendum petition, the county clerk
2552 shall use the following procedures in determining whether to remove a signature from a
2553 petition after receiving a timely, valid statement requesting removal of the signature:
2554 (a) if a signer's name and address shown on the statement and the petition exactly
2555 match a name and address shown on the official register and the signer's signature on both the
2556 statement and the petition appears substantially similar to the signature on the statewide voter
2557 registration database, the county clerk shall remove the signature from the petition;
2558 (b) if there is no exact match of an address and a name, the county clerk shall remove
2559 the signature from the petition if:
2560 (i) the address on the statement and the petition matches the address of an individual
2561 on the official register with a substantially similar name; and
2562 (ii) the signer's signature on both the statement and the petition appears substantially
2563 similar to the signature on the statewide voter registration database of the individual described
2564 in Subsection (3)(b)(i);
2565 (c) if there is no match of an address and a substantially similar name, the county clerk
2566 shall remove the signature from the petition if:
2567 (i) the birth date or age on the statement and petition match the birth date or age of an
2568 individual on the official register with a substantially similar name; and
2569 (ii) the signer's signature on both the statement and the petition appears substantially
2570 similar to the signature on the statewide voter registration database of the individual described
2571 in Subsection (3)(c)(i); and
2572 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
2573 county clerk may not remove the signature from the petition.
2574 Section 49. Section 20A-7-607 is amended to read:
2575 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
2576 referendum.
2577 (1) [
2578 a referendum packet from a county clerk, the local clerk shall record the number of the
2579 referendum packet received.
2580 (2) [
2581 (a) in relation to the manual referendum process:
2582 (i) post the names [
2583 described in Subsection 20A-7-606(3)(c) on the lieutenant governor's website, in a conspicuous
2584 location designated by the lieutenant governor, for at least 45 days; and
2585 (ii) update on the local clerk's website the number of signatures certified as of the date
2586 of the update[
2587 (b) in relation to the electronic referendum process:
2588 (i) post the names, voter identification numbers, and dates of signatures described in
2589 Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous location
2590 designated by the lieutenant governor, for at least 45 days; and
2591 (ii) update on the lieutenant governor's website the number of signatures certified as of
2592 the date of the update.
2593 [
2594 [
2595 to be sufficient or insufficient:
2596 (i) in relation to the manual referendum process, no later than 111 days after the day of
2597 the deadline, described in Subsection 20A-7-606[
2598 county clerk; or
2599 (ii) in relation to the electronic referendum process, no later than 111 days after the day
2600 of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
2601 [
2602 Subsection [
2603 [
2604 on timely and lawfully submitted signature packets that have been certified by the county clerk,
2605 plus the number of signatures on timely and lawfully submitted signature packets that have not
2606 yet been evaluated for certification, is less than the number of names required under Section
2607 20A-7-601; [
2608 (ii) in relation to the electronic referendum process, the total of all timely and lawfully
2609 submitted valid signatures that have been certified by the county clerks, plus the number of
2610 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
2611 that have not yet been evaluated for certification, is less than the number of names required
2612 under Section 20A-7-601; or
2613 [
2614 [
2615 exceeds the number of names required under Section 20A-7-601, and the requirements of this
2616 part are met, the local clerk shall mark upon the front of the petition the word "sufficient";
2617 [
2618 not equal or exceed the number of names required under Section 20A-7-601 or a requirement
2619 of this part is not met, the local clerk shall mark upon the front of the petition the word
2620 "insufficient."
2621 [
2622 clerk's finding.
2623 [
2624 signatures to qualify the petition for the ballot.
2625 [
2626 voter may apply to a court for an extraordinary writ to compel the local clerk to do so within 10
2627 days after the refusal.
2628 (b) If the court determines that the referendum petition is legally sufficient, the local
2629 clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
2630 the date on which the petition was originally offered for filing in the local clerk's office.
2631 (c) If the court determines that any petition filed is not legally sufficient, the court may
2632 enjoin the local clerk and all other officers from:
2633 (i) certifying or printing the ballot title and numbers of that measure on the official
2634 ballot for the next election; or
2635 (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
2636 or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.
2637 [
2638 qualified for the ballot.
2639 [
2640 to legislative action taken after April 15, the election officer may not place the referendum on
2641 an election ballot until a primary election, a general election, or a special election the following
2642 year.
2643 (b) The election officer may place a referendum described in Subsection [
2644 the ballot for a special, primary, or general election held during the year that the legislative
2645 action was taken if the following agree, in writing, on a timeline to place the referendum on
2646 that ballot:
2647 (i) the local clerk;
2648 (ii) the county clerk; and
2649 (iii) the attorney for the county or municipality that took the legislative action.
2650 (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
2651 determines that the total number of certified names equals or exceeds the number of signatures
2652 required in Section 20A-7-601, the election officer shall place the referendum on the election
2653 ballot for:
2654 (i) the next general election; or
2655 (ii) another election, if the following agree, in writing, on a timeline to place the
2656 referendum on that ballot:
2657 (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
2658 (B) the local clerk;
2659 (C) the county clerk; and
2660 (D) the attorney for the county or municipality that took the legislative action.
2661 Section 50. Section 20A-7-611 is amended to read:
2662 20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative
2663 body.
2664 (1) Any proposed law submitted to the people by referendum petition that is rejected by
2665 the voters at any election is repealed as of the date of the election.
2666 (2) If, at the time during the process described in Subsection [
2667 20A-7-607(2), the local clerk determines that, at that point in time, an adequate number of
2668 signatures are certified to comply with the signature requirements, the local clerk shall:
2669 (a) issue an order temporarily staying the law from going into effect; and
2670 (b) continue the process of certifying signatures and removing signatures as required by
2671 this part.
2672 (3) The temporary stay described in Subsection (2) remains in effect, regardless of
2673 whether a future count falls below the signature threshold, until the day on which:
2674 (a) if the local clerk declares the petition insufficient, five days after the day on which
2675 the local clerk declares the petition insufficient; or
2676 (b) if the local clerk declares the petition sufficient, the day on which the local
2677 legislative body issues the proclamation described in Section 20A-7-610.
2678 (4) A proposed law submitted to the people by referendum petition that is approved by
2679 the voters at an election takes effect the later of:
2680 (a) five days after the date of the official proclamation of the vote by the local
2681 legislative body; or
2682 (b) the effective date specified in the proposed law.
2683 (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the
2684 local clerk declares the petition insufficient, the proposed law takes effect the later of:
2685 (a) five days after the day on which the local clerk declares the petition insufficient; or
2686 (b) the effective date specified in the proposed law.
2687 (6) (a) A law adopted by the people under this part is not subject to veto.
2688 (b) The local legislative body may amend any laws approved by the people under this
2689 part after the people approve the law.
2690 (7) If the local legislative body repeals a law challenged by referendum petition under
2691 this part, the referendum petition is void and no further action on the referendum petition is
2692 required.
2693 Section 51. Section 20A-7-612 is amended to read:
2694 20A-7-612. Misconduct of electors and officers -- Penalty.
2695 (1) It is unlawful for an individual to:
2696 (a) sign any name other than the individual's own name to any referendum petition;
2697 (b) sign a referendum knowing that the individual is not a legal voter;
2698 (c) in connection with circulating a referendum petition, represent that a document is
2699 an official government document if the individual knows or has reason to know that the
2700 document is not an official government document; or
2701 (d) knowingly and willfully violate any provision of this part.
2702 (2) It is unlawful for an individual to sign the verification for a referendum packet, or
2703 to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
2704 that:
2705 (a) the individual does not meet the residency requirements of Section 20A-2-105;
2706 (b) the individual has not witnessed the signatures [
2707
2708 (c) one or more individuals whose signatures appear in the referendum packet[
2709
2710 [
2711 [
2712 (3) An individual who violates this part is guilty of a class A misdemeanor.
2713 (4) The county attorney or municipal attorney shall prosecute any violation of this
2714 section.
2715 Section 52. Section 20A-7-613 is amended to read:
2716 20A-7-613. Property tax referendum petition.
2717 (1) As used in this section, "certified tax rate" means the same as that term is defined in
2718 Section 59-2-924.
2719 (2) Except as provided in this section, the requirements of this part apply to a
2720 referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
2721 exceeds the certified tax rate.
2722 (3) Notwithstanding Subsection [
2723 agent of the sponsors shall deliver a signed and verified referendum packet to the county clerk
2724 of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
2725 (a) 30 days after the day on which the first individual signs the packet; or
2726 (b) 40 days after the day on which the local clerk complies with Subsection
2727 [
2728 (4) Notwithstanding Subsections [
2729 county clerk shall take the actions required in Subsections [
2730 20A-7-606(3) and (4) within 10 working days after the day on which the county clerk receives
2731 the signed and verified referendum packet as described in Subsection (3).
2732 (5) The local clerk shall take the actions required by Section 20A-7-607 within two
2733 working days after:
2734 (a) in relation to the manual referendum process, the day on which the local clerk
2735 receives the referendum packets from the county clerk[
2736 (b) in relation to the electronic referendum process, the deadline described in
2737 Subsection 20A-7-616(2).
2738 (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
2739 ballot title within two working days after the day on which the referendum petition is declared
2740 sufficient for submission to a vote of the people.
2741 (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
2742 ballot under this section shall appear on the ballot for the earlier of the next regular general
2743 election or the next municipal general election unless a special election is called.
2744 (8) The election officer shall mail manual ballots on a referendum under this section the
2745 later of:
2746 (a) the time provided in Section 20A-3a-202 or 20A-16-403; or
2747 (b) the time that ballots are prepared for mailing under this section.
2748 (9) Section 20A-7-402 does not apply to a referendum described in this section.
2749 (10) (a) If a majority of voters does not vote against imposing the tax at a rate
2750 calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
2751 entity's legislative body:
2752 (i) the certified tax rate for the fiscal year during which the referendum petition is filed
2753 is its most recent certified tax rate; and
2754 (ii) the proposed increased revenues for purposes of establishing the certified tax rate
2755 for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
2756 increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
2757 before the filing of the referendum petition.
2758 (b) If a majority of voters votes against imposing a tax at the rate established by the
2759 vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
2760 taxing entity's most recent certified tax rate.
2761 (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
2762 required to comply with the notice and public hearing requirements of Section 59-2-919 if the
2763 taxing entity complies with those notice and public hearing requirements before the referendum
2764 petition is filed.
2765 (11) The ballot title shall, at a minimum, include in substantially this form the
2766 following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
2767 sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
2768 budgeted, adopted, and approved by the [name of the taxing entity].".
2769 (12) A taxing entity shall pay the county the costs incurred by the county that are
2770 directly related to meeting the requirements of this section and that the county would not have
2771 incurred but for compliance with this section.
2772 (13) (a) An election officer shall include on a ballot a referendum that has not yet
2773 qualified for placement on the ballot, if:
2774 (i) sponsors file an application for a referendum described in this section;
2775 (ii) the ballot will be used for the election for which the sponsors are attempting to
2776 qualify the referendum; and
2777 (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
2778 the day on which the ballot will be printed.
2779 (b) If an election officer includes on a ballot a referendum described in Subsection
2780 (13)(a), the ballot title shall comply with Subsection (11).
2781 (c) If an election officer includes on a ballot a referendum described in Subsection
2782 (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
2783 voters by any practicable method that the referendum has not qualified for the ballot and that
2784 votes cast in relation to the referendum will not be counted.
2785 Section 53. Section 20A-7-614 is enacted to read:
2786 20A-7-614. Electronic referendum process -- Form of referendum petition --
2787 Circulation requirements -- Signature collection.
2788 (1) This section applies only to the electronic referendum process.
2789 (2) (a) The first screen presented on the approved device shall include the following
2790 statement:
2791 "This REFERENDUM PETITION is addressed to the Honorable ____, County
2792 Clerk/City Recorder/Town Clerk:
2793 The citizens of Utah who sign this petition respectfully order that (description of local
2794 law or portion of local law being challenged), passed by the ____ be referred to the voters for
2795 their approval or rejection at the regular/municipal general election to be held on
2796 __________(month\day\year)."
2797 (b) An individual may not advance to the second screen until the individual clicks a
2798 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2799 understand the information presented on this screen."
2800 (3) (a) The second screen presented on the approved device shall include the entire text
2801 of the law that is the subject of the referendum petition.
2802 (b) An individual may not advance to the third screen until the individual clicks a link
2803 at the bottom of the second screen stating, "By clicking here, I attest that I have read and
2804 understand the entire text of the law that is the subject of the referendum petition."
2805 (4) (a) The third screen presented on the approved device shall include a statement
2806 indicating whether persons gathering signatures for the petition may be paid for gathering
2807 signatures.
2808 (b) An individual may not advance to the fourth screen until the individual clicks a link
2809 at the bottom of the third screen stating, "By clicking here, I attest that I have read and
2810 understand the information presented on this screen."
2811 (5) The fourth screen presented on the approved device shall include the following
2812 statement, followed by links where the individual may click "yes" or "no":
2813 "I have personally reviewed the entirety of each statement presented on this device;
2814 I am personally signing this petition;
2815 I am registered to vote in Utah; and
2816 All information I enter on this device, including my residence and post office address, is
2817 accurate.
2818 It is a class A misdemeanor for an individual to sign a referendum petition with a name
2819 other than the individual's own name, or to knowingly sign the individual's name more than
2820 once for the same measure, or to sign a referendum petition when the individual knows that the
2821 individual is not a registered voter.
2822 Do you wish to continue and sign this petition?"
2823 (6) (a) If the individual clicks "no" in response to the question described in Subsection
2824 (5), the next screen shall include the following statement, "Thank you for your time. Please
2825 return this device to the signature-gatherer."
2826 (b) If the individual clicks "yes" in response to the question described in Subsection
2827 (5), the website, or the application that accesses the website, shall take the signature-gatherer
2828 and the individual signing the petition through the signature process described in Section
2829 20A-21-201.
2830 Section 54. Section 20A-7-615 is enacted to read:
2831 20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
2832 remove signature.
2833 (1) This section applies to the electronic referendum process described in Section
2834 20A-21-201.
2835 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
2836 resides in the local jurisdiction.
2837 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
2838 an individual:
2839 (a) verifies that the individual is at least 18 years old and meets the residency
2840 requirements of Section 20A-2-105; and
2841 (b) is informed that each signer is required to read and understand the law that is the
2842 subject of the referendum petition.
2843 (4) (a) A voter who has signed a referendum petition may have the voter's signature
2844 removed from the petition by submitting to the county clerk a statement requesting that the
2845 voter's signature be removed before 5 p.m. no later than the earlier of:
2846 (i) 30 days after the day on which the voter signs the statement requesting removal; or
2847 (ii) 45 days after the day on which the local clerk posts the voter's name under
2848 Subsection 20A-7-616(3).
2849 (b) The statement shall include:
2850 (i) the name of the voter;
2851 (ii) the resident address at which the voter is registered to vote;
2852 (iii) the signature of the voter; and
2853 (iv) the date of the signature described in Subsection (4)(b)(iii).
2854 (c) To increase the likelihood of the voter's signature being identified and removed, the
2855 statement may include the voter's birth date or age.
2856 (d) A voter may not submit a signature removal statement by email or other electronic
2857 means, unless the lieutenant governor establishes a signature removal process that is consistent
2858 with the requirements of this section and Section 20A-21-201.
2859 (e) A person may only remove an electronic signature from an initiative petition in
2860 accordance with this section.
2861 (f) A county clerk shall analyze a holographic signature, for purposes of removing an
2862 electronic signature from a referendum petition, in accordance with Section 20A-7-606.3.
2863 Section 55. Section 20A-7-616 is enacted to read:
2864 20A-7-616. Electronic referendum process -- Collecting signatures -- Removal of
2865 signatures.
2866 (1) This section applies only to the electronic referendum process.
2867 (2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day
2868 on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8,
2869 that the referendum is legally referable to voters.
2870 (3) The local clerk shall send to each individual who provides a valid email address
2871 during the signature-gathering process an email that includes the following:
2872 (a) the subject of the email shall include the following statement, "Notice Regarding
2873 Your Petition Signature"; and
2874 (b) the body of the email shall include the following statement in 12-point type:
2875 "You signed a petition for the following referendum:
2876 [insert title of initiative]
2877 To access a copy of the referendum petition, the referendum, and information on the
2878 deadline for removing your signature from the petition, please visit the following link: [insert a
2879 uniform resource locator that takes the individual directly to the page on the lieutenant
2880 governor's website that includes the information referred to in the email]."
2881 (4) Except as provided in Subsection (5), the county clerk shall, within two business
2882 days after the day on which the signature of an individual who signs a petition is certified under
2883 Section 20A-21-201, post the name, voter identification number, and date of signature of the
2884 individual on the lieutenant governor's website, in a conspicuous location designated by the
2885 lieutenant governor, for at least 45 days.
2886 (5) (a) If the local clerk timely receives a statement requesting signature removal under
2887 Subsection 20A-7-615(4), the local clerk shall:
2888 (i) ensure that the voter's name, voter identification number, and date of signature are
2889 not included in the posting described in Subsection (4); and
2890 (ii) remove the voter's signature from the petition and the petition signature totals.
2891 (b) The local clerk shall comply with Subsection (5)(a) before the later of:
2892 (i) the deadline described in Subsection (4); or
2893 (ii) two business days after the day on which the county clerk receives a statement
2894 requesting signature removal under Subsection 20A-7-615(4).
2895 Section 56. Section 20A-9-101 is amended to read:
2896 20A-9-101. Definitions.
2897 As used in this chapter:
2898 (1) (a) "Candidates for elective office" means persons who file a declaration of
2899 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
2900 constitutional office, multicounty office, or county office.
2901 (b) "Candidates for elective office" does not mean candidates for:
2902 (i) justice or judge of court of record or not of record;
2903 (ii) presidential elector;
2904 (iii) any political party offices; and
2905 (iv) municipal or local district offices.
2906 (2) "Constitutional office" means the state offices of governor, lieutenant governor,
2907 attorney general, state auditor, and state treasurer.
2908 (3) "Continuing political party" means the same as that term is defined in Section
2909 20A-8-101.
2910 (4) (a) "County office" means an elective office where the officeholder is selected by
2911 voters entirely within one county.
2912 (b) "County office" does not mean:
2913 (i) the office of justice or judge of any court of record or not of record;
2914 (ii) the office of presidential elector;
2915 (iii) any political party offices;
2916 (iv) any municipal or local district offices; and
2917 (v) the office of United States Senator and United States Representative.
2918 (5) "Electronic candidate qualification process" means:
2919 (a) as it relates to a registered political party that is not a qualified political party, the
2920 process for gathering signatures electronically to seek the nomination of a registered political
2921 party, described in:
2922 (i) Section 20A-9-403;
2923 (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
2924 (iii) Section 20A-21-201; and
2925 (b) as it relates to a qualified political party, the process, for gathering signatures
2926 electronically to seek the nomination of a registered political party, described in:
2927 (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
2928 (ii) Section 20A-9-408; and
2929 (iii) Section 20A-21-201.
2930 [
2931 States Representative.
2932 [
2933 (a) the lieutenant governor, for:
2934 (i) the office of United States Senator and United States Representative; and
2935 (ii) all constitutional offices;
2936 (b) for the office of a state senator or state representative, the lieutenant governor or the
2937 applicable clerk described in Subsection [
2938 (c) the county clerk, for county offices and local school district offices;
2939 (d) the county clerk in the filer's county of residence, for multicounty offices;
2940 (e) the city or town clerk, for municipal offices; or
2941 (f) the local district clerk, for local district offices.
2942 [
2943 [
2944 local district offices and other elective offices selected by the voters from a political division
2945 entirely within one county.
2946 (10) "Manual candidate qualification process" means the process for gathering
2947 signatures to seek the nomination of a registered political party, using paper signature packets
2948 that a signer physically signs.
2949 [
2950 selected by the voters from more than one county.
2951 (b) "Multicounty office" does not mean:
2952 (i) a county office;
2953 (ii) a federal office;
2954 (iii) the office of justice or judge of any court of record or not of record;
2955 (iv) the office of presidential elector;
2956 (v) any political party offices; or
2957 (vi) any municipal or local district offices.
2958 [
2959 [
2960 is elected and that an officeholder represents.
2961 (b) "Political division" includes a county, a city, a town, a local district, a school
2962 district, a legislative district, and a county prosecution district.
2963 [
2964 (a) (i) permits a delegate for the registered political party to vote on a candidate
2965 nomination in the registered political party's convention remotely; or
2966 (ii) provides a procedure for designating an alternate delegate if a delegate is not
2967 present at the registered political party's convention;
2968 (b) does not hold the registered political party's convention before the fourth Saturday
2969 in March of an even-numbered year;
2970 (c) permits a member of the registered political party to seek the registered political
2971 party's nomination for any elective office by the member choosing to seek the nomination by
2972 either or both of the following methods:
2973 (i) seeking the nomination through the registered political party's convention process,
2974 in accordance with the provisions of Section 20A-9-407; or
2975 (ii) seeking the nomination by collecting signatures, in accordance with the provisions
2976 of Section 20A-9-408; and
2977 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
2978 on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
2979 election in the following year, the registered political party intends to nominate the registered
2980 political party's candidates in accordance with the provisions of Section 20A-9-406; or
2981 (ii) if the registered political party is not a continuing political party, certifies at the
2982 time that the registered political party files the petition described in Section 20A-8-103 that, for
2983 the next election, the registered political party intends to nominate the registered political
2984 party's candidates in accordance with the provisions of Section 20A-9-406.
2985 (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
2986 registered political party, means:
2987 (a) when using the manual candidate qualification process, a holographic signature
2988 collected physically on a nomination petition described in Subsection 20A-9-405(3); or
2989 (b) when using the electronic candidate qualification process:
2990 (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
2991 (ii) a holographic signature collected electronically under Subsection
2992 20A-21-201(5)(c)(ii)(B).
2993 Section 57. Section 20A-9-403 is amended to read:
2994 20A-9-403. Regular primary elections.
2995 (1) (a) Candidates for elective office that are to be filled at the next regular general
2996 election shall be nominated in a regular primary election by direct vote of the people in the
2997 manner prescribed in this section. The regular primary election is held on the date specified in
2998 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
2999 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
3000 participate in a regular general election as a write-in candidate under Section 20A-9-601.
3001 (b) Each registered political party that chooses to have the names of the registered
3002 political party's candidates for elective office featured with party affiliation on the ballot at a
3003 regular general election shall comply with the requirements of this section and shall nominate
3004 the registered political party's candidates for elective office in the manner described in this
3005 section.
3006 (c) A filing officer may not permit an official ballot at a regular general election to be
3007 produced or used if the ballot denotes affiliation between a registered political party or any
3008 other political group and a candidate for elective office who is not nominated in the manner
3009 prescribed in this section or in Subsection 20A-9-202(4).
3010 (d) Unless noted otherwise, the dates in this section refer to those that occur in each
3011 even-numbered year in which a regular general election will be held.
3012 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
3013 shall:
3014 (i) either declare the registered political party's intent to participate in the next regular
3015 primary election or declare that the registered political party chooses not to have the names of
3016 the registered political party's candidates for elective office featured on the ballot at the next
3017 regular general election; and
3018 (ii) if the registered political party participates in the upcoming regular primary
3019 election, identify one or more registered political parties whose members may vote for the
3020 registered political party's candidates and whether individuals identified as unaffiliated with a
3021 political party may vote for the registered political party's candidates.
3022 (b) (i) A registered political party that is a continuing political party shall file the
3023 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
3024 November 30 of each odd-numbered year.
3025 (ii) An organization that is seeking to become a registered political party under Section
3026 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
3027 political party files the petition described in Section 20A-8-103.
3028 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
3029 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
3030 office on the regular primary ballot of the registered political party listed on the declaration of
3031 candidacy only if the individual is certified by the appropriate filing officer as having submitted
3032 a [
3033 (i) circulated and completed in accordance with Section 20A-9-405; and
3034 (ii) signed by at least 2% of the registered political party's members who reside in the
3035 political division of the office that the individual seeks.
3036 (b) (i) A candidate for elective office shall submit [
3037 a nomination petition to the appropriate filing officer for verification and certification no later
3038 than 5 p.m. on the final day in March.
3039 (ii) A candidate may supplement the candidate's submissions at any time on or before
3040 the filing deadline.
3041 (c) (i) The lieutenant governor shall determine for each elective office the total number
3042 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
3043 the aggregate number of individuals residing in each elective office's political division who
3044 have designated a particular registered political party on the individuals' voter registration
3045 forms on or before November 15 of each odd-numbered year.
3046 (ii) The lieutenant governor shall publish the determination for each elective office no
3047 later than November 30 of each odd-numbered year.
3048 (d) The filing officer shall:
3049 (i) except as otherwise provided in Section 20A-21-201, verify signatures on
3050 nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
3051 which a candidate submits the signatures to the filing officer;
3052 (ii) for all qualifying candidates for elective office who submit nomination petitions to
3053 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
3054 described in Subsection 20A-9-202(1)(b);
3055 (iii) consider active and inactive voters eligible to sign nomination petitions;
3056 (iv) consider an individual who signs a nomination petition a member of a registered
3057 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
3058 registered political party as the individual's party membership on the individual's voter
3059 registration form; and
3060 (v) except as otherwise provided in Section 20A-21-201, utilize procedures described
3061 in Section 20A-7-206.3 to verify submitted nomination petition signatures, or use statistical
3062 sampling procedures to verify submitted nomination petition signatures in accordance with
3063 rules made under Subsection (3)(f).
3064 (e) Notwithstanding any other provision in this Subsection (3), a candidate for
3065 lieutenant governor may appear on the regular primary ballot of a registered political party
3066 without submitting nomination petitions if the candidate files a declaration of candidacy and
3067 complies with Subsection 20A-9-202(3).
3068 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3069 director of elections, within the Office of the Lieutenant Governor, may make rules that:
3070 (i) provide for the use of statistical sampling procedures that:
3071 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
3072 (B) reflect a bona fide effort to determine the validity of a candidate's entire
3073 submission, using widely recognized statistical sampling techniques; and
3074 (ii) provide for the transparent, orderly, and timely submission, verification, and
3075 certification of nomination petition signatures.
3076 (g) The county clerk shall:
3077 (i) review the declarations of candidacy filed by candidates for local boards of
3078 education to determine if more than two candidates have filed for the same seat;
3079 (ii) place the names of all candidates who have filed a declaration of candidacy for a
3080 local board of education seat on the nonpartisan section of the ballot if more than two
3081 candidates have filed for the same seat; and
3082 (iii) determine the order of the local board of education candidates' names on the ballot
3083 in accordance with Section 20A-6-305.
3084 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
3085 governor shall provide to the county clerks:
3086 (i) a list of the names of all candidates for federal, constitutional, multi-county, single
3087 county, and county offices who have received certifications under Subsection (3), along with
3088 instructions on how those names shall appear on the primary election ballot in accordance with
3089 Section 20A-6-305; and
3090 (ii) a list of unopposed candidates for elective office who have been nominated by a
3091 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
3092 unopposed candidates from the primary election ballot.
3093 (b) A candidate for lieutenant governor and a candidate for governor campaigning as
3094 joint-ticket running mates shall appear jointly on the primary election ballot.
3095 (c) After the county clerk receives the certified list from the lieutenant governor under
3096 Subsection (4)(a), the county clerk shall post or publish a primary election notice in
3097 substantially the following form:
3098 "Notice is given that a primary election will be held Tuesday, June ____,
3099 ________(year), to nominate party candidates for the parties and candidates for nonpartisan
3100 local school board positions listed on the primary ballot. The polling place for voting precinct
3101 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
3102 Attest: county clerk."
3103 (5) (a) A candidate who, at the regular primary election, receives the highest number of
3104 votes cast for the office sought by the candidate is:
3105 (i) nominated for that office by the candidate's registered political party; or
3106 (ii) for a nonpartisan local school board position, nominated for that office.
3107 (b) If two or more candidates are to be elected to the office at the regular general
3108 election, those party candidates equal in number to positions to be filled who receive the
3109 highest number of votes at the regular primary election are the nominees of the candidates'
3110 party for those positions.
3111 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
3112 (A) no individual other than the candidate receives a certification under Subsection (3)
3113 for the regular primary election ballot of the candidate's registered political party for a
3114 particular elective office; or
3115 (B) for an office where more than one individual is to be elected or nominated, the
3116 number of candidates who receive certification under Subsection (3) for the regular primary
3117 election of the candidate's registered political party does not exceed the total number of
3118 candidates to be elected or nominated for that office.
3119 (ii) A candidate who is unopposed for an elective office in the regular primary election
3120 of a registered political party is nominated by the party for that office without appearing on the
3121 primary election ballot.
3122 (6) (a) When a tie vote occurs in any primary election for any national, state, or other
3123 office that represents more than one county, the governor, lieutenant governor, and attorney
3124 general shall, at a public meeting called by the governor and in the presence of the candidates
3125 involved, select the nominee by lot cast in whatever manner the governor determines.
3126 (b) When a tie vote occurs in any primary election for any county office, the district
3127 court judges of the district in which the county is located shall, at a public meeting called by
3128 the judges and in the presence of the candidates involved, select the nominee by lot cast in
3129 whatever manner the judges determine.
3130 (7) The expense of providing all ballots, blanks, or other supplies to be used at any
3131 primary election provided for by this section, and all expenses necessarily incurred in the
3132 preparation for or the conduct of that primary election shall be paid out of the treasury of the
3133 county or state, in the same manner as for the regular general elections.
3134 (8) An individual may not file a declaration of candidacy for a registered political party
3135 of which the individual is not a member, except to the extent that the registered political party
3136 permits otherwise under the registered political party's bylaws.
3137 Section 58. Section 20A-9-405 is amended to read:
3138 20A-9-405. Nomination petitions for regular primary elections.
3139 (1) This section [
3140 petitions for regular primary elections described in Subsection 20A-9-403(3)(a).
3141 (2) A candidate for elective office, and the agents of the candidate, may not circulate
3142 nomination petitions until the candidate has submitted a declaration of candidacy in accordance
3143 with Subsection 20A-9-202(1).
3144 (3) [
3145 be in substantially the following form:
3146 (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
3147 (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
3148 space above that line blank for purposes of binding;
3149 (c) the petition shall be headed by a caption stating the purpose of the petition and the
3150 name of the proposed candidate;
3151 (d) the petition shall feature the word "Warning" followed by the following statement
3152 in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
3153 knowingly sign a [
3154 other than the person's own name, or more than once for the same candidate, or if the person is
3155 not registered to vote in this state [
3156
3157 (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
3158 numbered one through 10;
3159 (f) the signature portion of the petition shall be divided into columns headed by the
3160 following titles:
3161 (i) Registered Voter's Printed Name;
3162 (ii) Signature of Registered Voter;
3163 (iii) Party Affiliation of Registered Voter;
3164 (iv) Birth Date or Age (Optional);
3165 (v) Street Address, City, Zip Code; and
3166 (vi) Date of Signature; and
3167 (g) a photograph of the candidate may appear on the nomination petition.
3168 (4) For the electronic candidate qualification process, the lieutenant governor shall
3169 design an electronic form, using progressive screens, that includes:
3170 (a) the following warning:
3171 "Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination
3172 petition with any name other than the person's own name, or more than once for the same
3173 candidate, or if the person is not registered to vote in this state."; and
3174 (b) the following information for each individual who signs the petition:
3175 (i) name;
3176 (ii) party affiliation;
3177 (iii) date of birth or age, (optional);
3178 (iv) street address, city, zip code;
3179 (v) date of signature;
3180 (vi) other information required under Section 20A-21-201; and
3181 (vii) other information required by the lieutenant governor.
3182 [
3183 petitions are bound together, a page shall be bound to the nomination petition(s) that features
3184 the following printed verification statement to be signed and dated by the petition circulator:
3185 "Verification
3186 State of Utah, County of ____
3187 I, ____, of ____, hereby state that:
3188 I am a Utah resident and am at least 18 years old;
3189 All the names that appear on the signature sheets bound to this page were, to the best of
3190 my knowledge, signed by the persons who professed to be the persons whose names appear on
3191 the signature sheets, and each of them signed the person's name on the signature sheets in my
3192 presence;
3193 I believe that each has printed and signed the person's name and written the person's
3194 street address correctly, and that each signer is registered to vote in Utah [
3195
3196 [
3197 petition forms and associated instructions.
3198 [
3199 the state, but may affiliate with any political party.
3200 [
3201 (a) knowingly sign the nomination petition [
3202 section or Section 20A-9-408:
3203 (i) with any name other than the person's own name;
3204 (ii) more than once for the same candidate; or
3205 (iii) if the person is not registered to vote in this state [
3206
3207 (b) sign the verification of a [
3208
3209 (i) does not meet the residency requirements of Section 20A-2-105;
3210 (ii) has not witnessed the signing by those persons whose names appear on the
3211 [
3212 (iii) knows that a person whose signature appears on the [
3213
3214
3215 (c) pay compensation to any person to sign a nomination petition; or
3216 (d) pay compensation to any person to circulate a nomination petition, if the
3217 compensation is based directly on the number of signatures submitted to a filing officer rather
3218 than on the number of signatures verified or on some other basis.
3219 [
3220 [
3221 Section 59. Section 20A-9-408 is amended to read:
3222 20A-9-408. Signature-gathering process to seek the nomination of a qualified
3223 political party.
3224 (1) This section describes the requirements for a member of a qualified political party
3225 who is seeking the nomination of the qualified political party for an elective office through the
3226 signature-gathering process described in this section.
3227 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
3228 candidacy for a member of a qualified political party who is nominated by, or who is seeking
3229 the nomination of, the qualified political party under this section shall be substantially as
3230 described in Section 20A-9-408.5.
3231 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
3232 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
3233 nomination of the qualified political party for an elective office that is to be filled at the next
3234 general election shall:
3235 (a) within the period beginning on January 1 before the next regular general election
3236 and ending at 5 p.m. 52 days after the day on which the Legislature's general session begins, as
3237 provided in Section 36-3-201, and before gathering signatures under this section, file with the
3238 filing officer on a form approved by the lieutenant governor a notice of intent to gather
3239 signatures for candidacy that includes:
3240 (i) the name of the member who will attempt to become a candidate for a registered
3241 political party under this section;
3242 (ii) the name of the registered political party for which the member is seeking
3243 nomination;
3244 (iii) the office for which the member is seeking to become a candidate;
3245 (iv) the address and telephone number of the member; and
3246 (v) other information required by the lieutenant governor;
3247 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
3248 in person, with the filing officer:
3249 (i) on or after 48 days after the day on which the Legislature's general session begins,
3250 as provided in Section 36-3-201; and
3251 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
3252 begins, as provided in Section 36-3-201; and
3253 (c) pay the filing fee.
3254 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
3255 party who, under this section, is seeking the nomination of the qualified political party for the
3256 office of district attorney within a multicounty prosecution district that is to be filled at the next
3257 general election shall:
3258 (a) on or after January 1 before the next regular general election, and before gathering
3259 signatures under this section, file with the filing officer on a form approved by the lieutenant
3260 governor a notice of intent to gather signatures for candidacy that includes:
3261 (i) the name of the member who will attempt to become a candidate for a registered
3262 political party under this section;
3263 (ii) the name of the registered political party for which the member is seeking
3264 nomination;
3265 (iii) the office for which the member is seeking to become a candidate;
3266 (iv) the address and telephone number of the member; and
3267 (v) other information required by the lieutenant governor;
3268 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
3269 in person, with the filing officer:
3270 (i) on or after 48 days after the day on which the Legislature's general session begins,
3271 as provided in Section 36-3-201; and
3272 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
3273 begins, as provided in Section 36-3-201; and
3274 (c) pay the filing fee.
3275 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate
3276 who files as the joint-ticket running mate of an individual who is nominated by a qualified
3277 political party, under this section, for the office of governor shall, before the deadline described
3278 in Subsection 20A-9-202(1)(b), file a declaration of candidacy and submit a letter from the
3279 candidate for governor that names the lieutenant governor candidate as a joint-ticket running
3280 mate.
3281 (6) The lieutenant governor shall ensure that the certification described in Subsection
3282 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
3283 under this section.
3284 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
3285 is nominated by a qualified political party under this section, designate the qualified political
3286 party that nominated the candidate.
3287 (8) A member of a qualified political party may seek the nomination of the qualified
3288 political party for an elective office by:
3289 (a) complying with the requirements described in this section; and
3290 (b) collecting signatures, on a form approved by the lieutenant governor that complies
3291 with Subsection 20A-9-405(3), during the period beginning on January 1 of an even-numbered
3292 year and ending at 5 p.m. 14 days before the day on which the qualified political party's
3293 convention for the office is held, in the following amounts:
3294 (i) for a statewide race, 28,000 signatures of registered voters in the state who are
3295 permitted by the qualified political party to vote for the qualified political party's candidates in
3296 a primary election;
3297 (ii) for a congressional district race, 7,000 signatures of registered voters who are
3298 residents of the congressional district and are permitted by the qualified political party to vote
3299 for the qualified political party's candidates in a primary election;
3300 (iii) for a state Senate district race, 2,000 signatures of registered voters who are
3301 residents of the state Senate district and are permitted by the qualified political party to vote for
3302 the qualified political party's candidates in a primary election;
3303 (iv) for a state House district race, 1,000 signatures of registered voters who are
3304 residents of the state House district and are permitted by the qualified political party to vote for
3305 the qualified political party's candidates in a primary election;
3306 (v) for a State Board of Education race, the lesser of:
3307 (A) 2,000 signatures of registered voters who are residents of the State Board of
3308 Education district and are permitted by the qualified political party to vote for the qualified
3309 political party's candidates in a primary election; or
3310 (B) 3% of the registered voters of the qualified political party who are residents of the
3311 applicable State Board of Education district; and
3312 (vi) for a county office race, signatures of 3% of the registered voters who are residents
3313 of the area permitted to vote for the county office and are permitted by the qualified political
3314 party to vote for the qualified political party's candidates in a primary election.
3315 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
3316 [
3317 candidate for the qualified political party's nomination for an elective office under this section,
3318 using the manual candidate qualification process, the member shall:
3319 (i) collect the signatures on a form approved by the lieutenant governor, using the same
3320 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
3321 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
3322 before the day on which the qualified political party holds the party's convention to select
3323 candidates, for the elective office, for the qualified political party's nomination.
3324 [
3325
3326 [
3327
3328
3329 [
3330
3331 [
3332
3333
3334 [
3335 (9)[
3336 the election officer receives the signatures, or one day before the day on which the qualified
3337 political party holds the convention to select a nominee for the elective office to which the
3338 signature packets relate:
3339 (i) check the name of each individual who completes the verification for a signature
3340 packet to determine whether each individual is a resident of Utah and is at least 18 years old;
3341 (ii) submit the name of each individual described in Subsection [
3342 is not a Utah resident or who is not at least 18 years old to the attorney general and the county
3343 attorney;
3344 (iii) determine whether each signer is a registered voter who is qualified to sign the
3345 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
3346 on a petition; and
3347 (iv) certify whether each name is that of a registered voter who is qualified to sign the
3348 signature packet.
3349 (10) (a) This Subsection (10) applies only to the electronic candidate qualification
3350 process.
3351 (b) In order for a member of the qualified political party to qualify as a candidate for
3352 the qualified political party's nomination for an elective office under this section, the member
3353 shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
3354 holds the party's convention to select candidates, for the elective office, for the qualified
3355 political party's nomination, collect signatures electronically:
3356 (i) in accordance with Section 20A-21-201; and
3357 (ii) using progressive screens, in a format approved by the lieutenant governor, that
3358 complies with Subsection 20A-9-405(4).
3359 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
3360 election officer shall, no later than the earlier of 14 days after the day on which the election
3361 officer receives the signatures, or one day before the day on which the qualified political party
3362 holds the convention to select a nominee for the elective office to which the signature packets
3363 relate:
3364 (i) check the name of each individual who completes the verification for a signature to
3365 determine whether each individual is a resident of Utah and is at least 18 years old; and
3366 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
3367 Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
3368 (11) (a) An individual may not gather signatures under this section until after the
3369 individual files a notice of intent to gather signatures for candidacy described in this section.
3370 (b) An individual who files a notice of intent to gather signatures for candidacy,
3371 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
3372 the notice of intent to gather signatures for candidacy:
3373 (i) required to comply with the reporting requirements that a candidate for office is
3374 required to comply with; and
3375 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
3376 apply to a candidate for office in relation to the reporting requirements described in Subsection
3377 (11)(b)(i).
3378 [
3379 (9)(b), or Subsections (8) and (10)(b), the election officer shall, no later than one day before the
3380 day on which the qualified political party holds the convention to select a nominee for the
3381 elective office to which the signature packets relate, notify the qualified political party and the
3382 lieutenant governor of the name of each member of the qualified political party who qualifies
3383 as a nominee of the qualified political party, under this section, for the elective office to which
3384 the convention relates.
3385 [
3386 in this section, the lieutenant governor shall post the notice of intent to gather signatures for
3387 candidacy on the lieutenant governor's website in the same location that the lieutenant governor
3388 posts a declaration of candidacy.
3389 Section 60. Section 20A-21-101 is enacted to read:
3390 20A-21-101. Definitions.
3391 As used in this chapter:
3392 (1) "Approved device" means a device described in Subsection 20A-21-201(4).
3393 (2) "Candidate qualification process" means the process, described in Section
3394 20A-9-403 or 20A-9-408, of gathering signatures to seek the nomination of a registered
3395 political party.
3396 (3) "Electronic candidate qualification process" means the same as that term is defined
3397 in Section 20A-9-101.
3398 (4) "Electronic initiative process" means the same as that term is defined in Section
3399 20A-7-101.
3400 (5) "Electronic referendum process" means the same as that term is defined in Section
3401 20A-7-101.
3402 (6) "Manual candidate qualification process" means the same as that term is defined in
3403 Section 20A-9-101.
3404 (7) "Petition" means:
3405 (a) as it relates to the electronic initiative process or the electronic referendum process,
3406 the electronic record that an individual signs to indicate the individual is in favor of placing the
3407 initiative or referendum on the ballot; or
3408 (b) as it relates to electronic candidate qualification process, the electronic record that
3409 an individual signs to indicate the individual is in favor of placing an individual's name on the
3410 ballot to run for a particular elective office.
3411 (8) "Signature" means:
3412 (a) as it relates to a signature gathered for an initiative or referendum, the same as that
3413 term is defined in Section 20A-7-101; or
3414 (b) as it relates to a signature gathered for the candidate qualification process, the same
3415 as that term is defined in Section 20A-9-101.
3416 (9) "Website" means:
3417 (a) as it relates to the electronic initiative process or the electronic referendum process,
3418 the website designated by the lieutenant governor for collecting the signatures and other
3419 information relating to the electronic initiative process or the electronic referendum process; or
3420 (b) as it relates to the electronic candidate qualification process, a website designated
3421 by the lieutenant governor for collecting the signatures and other information relating to the
3422 electronic candidate qualification process.
3423 Section 61. Section 20A-21-201 is enacted to read:
3424 20A-21-201. Electronic signature gathering for an initiative, a referendum, or
3425 candidate qualification.
3426 (1) (a) After filing a petition for a statewide initiative or a statewide referendum, and
3427 before gathering signatures, the sponsors shall, after consulting with the Office of the
3428 Lieutenant Governor, sign a form provided by the Office of the Lieutenant Governor indicating
3429 whether the sponsors will gather signatures manually or electronically.
3430 (b) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
3431 signatures electronically:
3432 (i) in relation to a statewide initiative, signatures for that initiative:
3433 (A) may only be gathered and submitted electronically, in accordance with this section
3434 and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
3435 (B) may not be gathered or submitted using the manual signature-gathering process
3436 described in Sections 20A-7-204, 20A-7-205, and 20A-7-206; and
3437 (ii) in relation to a statewide referendum, signatures for that referendum:
3438 (A) may only be gathered and submitted electronically, in accordance with this section
3439 and Sections 20A-7-313, 20A-7-314, and 20A-7-315; and
3440 (B) may not be gathered or submitted using the manual signature-gathering process
3441 described in Sections 20A-7-304, 20A-7-305, and 20A-7-306.
3442 (c) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather
3443 signatures manually:
3444 (i) in relation to a statewide initiative, signatures for that initiative:
3445 (A) may only be gathered and submitted using the manual signature-gathering process
3446 described in Sections 20A-7-204, 20A-7-205, and 20A-7-206; and
3447 (B) may not be gathered or submitted electronically, as described in this section and
3448 Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
3449 (ii) in relation to a statewide referendum, signatures for that referendum:
3450 (A) may only be gathered and submitted using the manual signature-gathering process
3451 described in Sections 20A-7-304, 20A-7-305, and 20A-7-306; and
3452 (B) may not be gathered or submitted electronically, as described in this section and
3453 Sections 20A-7-313, 20A-7-314, and 20A-7-315.
3454 (2) (a) After filing a petition for a local initiative or a local referendum, and before
3455 gathering signatures, the sponsors shall, after consulting with the local clerk's office, sign a
3456 form provided by the local clerk's office indicating whether the sponsors will gather signatures
3457 manually or electronically.
3458 (b) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
3459 signatures electronically:
3460 (i) in relation to a local initiative, signatures for that initiative:
3461 (A) may only be gathered and submitted electronically, in accordance with this section
3462 and Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
3463 (B) may not be gathered or submitted using the manual signature-gathering process
3464 described in Sections 20A-7-504, 20A-7-505, and 20A-7-506; and
3465 (ii) in relation to a local referendum, signatures for that referendum:
3466 (A) may only be gathered and submitted electronically, in accordance with this section
3467 and Sections 20A-7-614, 20A-7-615, and 20A-7-616; and
3468 (B) may not be gathered or submitted using the manual signature-gathering process
3469 described in Sections 20A-7-604, 20A-7-605, and 20A-7-606.
3470 (c) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather
3471 signatures manually:
3472 (i) in relation to a local initiative, signatures for that initiative:
3473 (A) may only be gathered and submitted using the manual signature-gathering process
3474 described in Sections 20A-7-504, 20A-7-505, and 20A-7-506; and
3475 (B) may not be gathered or submitted electronically, as described in this section and
3476 Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
3477 (ii) in relation to a local referendum, signatures for that referendum:
3478 (A) may only be gathered and submitted using the manual signature-gathering process
3479 described in Sections 20A-7-604, 20A-7-605, and 20A-7-606; and
3480 (B) may not be gathered or submitted electronically, as described in this section and
3481 Sections 20A-7-614, 20A-7-615, and 20A-7-616.
3482 (3) (a) After a candidate files a notice of intent to gather signatures to qualify for a
3483 ballot, and before gathering signatures, the candidate shall, after consulting with the election
3484 officer, sign a form provided by the election officer indicating whether the candidate will
3485 gather signatures manually or electronically.
3486 (b) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
3487 signatures electronically, signatures for the candidate:
3488 (i) may only be gathered and submitted using the electronic candidate qualification
3489 process; and
3490 (ii) may not be gathered or submitted using the manual candidate qualification process.
3491 (c) If a candidate indicates, under Subsection (3)(a), that the candidate will gather
3492 signatures manually, signatures for the candidate:
3493 (i) may only be gathered and submitted using the manual candidate qualification
3494 process; and
3495 (ii) may not be gathered or submitted using the electronic candidate qualification
3496 process.
3497 (4) To gather a signature electronically, a signature-gatherer shall:
3498 (a) use a device provided by the signature-gatherer or a sponsor of the petition that:
3499 (i) is approved by the lieutenant governor;
3500 (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other
3501 information relating to an individual signing the petition in any location other than the location
3502 used by the website to store the information;
3503 (iii) does not, on the device, store a signature or any other information relating to an
3504 individual signing the petition except for the minimum time necessary to upload information to
3505 the website;
3506 (iv) does not contain any applications, software, or data other than those approved by
3507 the lieutenant governor; and
3508 (v) complies with cyber-security and other security protocols required by the lieutenant
3509 governor;
3510 (b) use the approved device to securely access a website designated by the lieutenant
3511 governor, directly, or via an application designated by the lieutenant governor;
3512 (c) while connected to the website, present the approved device to an individual
3513 considering signing the petition and, while the signature-gatherer is in the physical presence of
3514 the individual:
3515 (i) wait for the individual to reach each screen presented to the individual on the
3516 approved device; and
3517 (ii) wait for the individual to advance to each subsequent screen by clicking on the
3518 acknowledgement at the bottom of the screen.
3519 (5) Each screen shown on an approved device as part of the signature-gathering process
3520 shall appear as a continuous electronic document that, if the entire document does not appear
3521 on the screen at once, requires the individual viewing the screen to, before advancing to the
3522 next screen, scroll through the document until the individual reaches the end of the document.
3523 (6) After advancing through each screen required for the petition, the signature process
3524 shall proceed as follows:
3525 (a) except as provided in Subsection (6)(b):
3526 (i) the individual desiring to sign the petition shall present the individual's driver
3527 license or state identification card to the signature-gatherer;
3528 (ii) the signature-gatherer shall verify that the individual pictured on the driver license
3529 or state identification card is the individual signing the petition;
3530 (iii) the signature-gatherer shall scan or enter the driver license number or state
3531 identification card number through the approved device; and
3532 (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the
3533 website shall determine whether the individual desiring to sign the petition is eligible to sign
3534 the petition;
3535 (b) if the individual desiring to sign the petition is unable to provide a driver license or
3536 state identification card to the signature gatherer:
3537 (i) the individual may present other valid voter identification;
3538 (ii) if the valid voter identification contains a picture of the individual, the
3539 signature-gatherer shall verify that the individual pictured is the individual signing the petition;
3540 (iii) if the valid voter identification does not contain a picture of the individual, the
3541 signature-gatherer shall, to the extent reasonably practicable, use the individual's address or
3542 other available means to determine whether the identification relates to the individual
3543 presenting the identification;
3544 (iv) the signature-gatherer shall scan an image of the valid voter identification and
3545 immediately upload the image to the website; and
3546 (v) the individual:
3547 (A) shall enter the individual's address; and
3548 (B) may, at the discretion of the individual, enter the individual's date of birth or age
3549 after the individual clicks on the screen acknowledging that they have read and understand the
3550 following statement, "Birth date or age information is not required, but may be used to verify
3551 your identity with voter registration records. If you choose not to provide it, your signature may
3552 not be verified as a valid signature if you change your address before your signature is verified
3553 or if the information you provide does not match your voter registration records."; and
3554 (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:
3555 (i) except for a petition to qualify a candidate for the ballot, give the individual signing
3556 the petition the opportunity to enter the individual's email address after the individual reads the
3557 following statement, "If you provide your email address, you may receive an email with
3558 additional information relating to the petition you are signing."; and
3559 (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is
3560 eligible to sign the petition, permit the individual to enter the individual's name as the
3561 individual's electronic signature and, immediately after the signature-gather timely complies
3562 with Subsection (10), certify the signature; or
3563 (B) if the individual provides valid voter identification under Subsection (6)(b), permit
3564 the individual to enter the individual's name as the individual's electronic signature.
3565 (7) If an individual provides valid voter identification under Subsection (6)(b), the
3566 county clerk shall, within seven days after the day on which the individual submits the valid
3567 voter identification, certify the signature if:
3568 (a) the individual is eligible to sign the petition;
3569 (b) the identification provided matches the information on file; and
3570 (c) the signature-gatherer timely complies with Subsection (10).
3571 (8) For each signature submitted under this section, the website shall record:
3572 (a) the information identifying the individual who signs;
3573 (b) the date the signature was collected; and
3574 (c) the name of the signature-gatherer.
3575 (9) An individual who is a signature-gatherer may not sign a petition unless another
3576 individual acts as the signature-gatherer when the individual signs the petition.
3577 (10) Except for a petition for a candidate to seek the nomination of a registered
3578 political party, each individual who gathers a signature under this section shall, within one
3579 business day after the day on which the individual gathers a signature, electronically sign and
3580 submit the following statement to the website:
3581 "VERIFICATION OF SIGNATURE-GATHERER
3582 State of Utah, County of ____
3583 I, _____________________, of ______, hereby state, under penalty of perjury, that:
3584 I am a resident of Utah and am at least 18 years old;
3585 All the signatures that I collected on [Date signatures were gathered] were signed by
3586 individuals who professed to be the individuals whose signatures I gathered, and each of the
3587 individuals signed the petition in my presence;
3588 I did not knowingly make a misrepresentation of fact concerning the law or proposed
3589 law to which the petition relates;
3590 I believe that each individual has signed the individual's name and written the
3591 individual's residence correctly, that each signer has read and understands the law to which the
3592 petition relates, and that each signer is registered to vote in Utah;
3593 Each signature correctly reflects the date on which the individual signed the petition;
3594 and
3595 I have not paid or given anything of value to any individual who signed this petition to
3596 encourage that individual to sign it."
3597 (11) Except for a petition for a candidate to seek the nomination of a registered
3598 political party:
3599 (a) the county clerk may not certify a signature that is not timely verified in accordance
3600 with Subsection (10); and
3601 (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely
3602 verified in accordance with Subsection (10), the county clerk shall:
3603 (i) revoke the certification;
3604 (ii) remove the signature from the posting described in Subsection 20A-7-217(4),
3605 20A-7-315(3), 20A-7-516(4), or 20A-7-616(3); and
3606 (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),
3607 20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).
3608 (12) For a petition for a candidate to seek the nomination of a registered political party,
3609 each individual who gathers a signature under this section shall, within one business day after
3610 the day on which the individual gathers a signature, electronically sign and submit the
3611 following statement to the lieutenant governor in the manner specified by the lieutenant
3612 governor:
3613 "VERIFICATION OF SIGNATURE-GATHERER
3614 State of Utah, County of ____
3615 I, _____________________, of ______, hereby state that:
3616 I am a resident of Utah and am at least 18 years old;
3617 All the signatures that I collected on [Date signatures were gathered] were signed by
3618 individuals who professed to be the individuals whose signatures I gathered, and each of the
3619 individuals signed the petition in my presence;
3620 I believe that each individual has signed the individual's name and written the
3621 individual's residence correctly and that each signer is registered to vote in Utah; and
3622 Each signature correctly reflects the date on which the individual signed the petition."
3623 (13) For a petition for a candidate to seek the nomination of a registered political party,
3624 the election officer may not certify a signature that is not timely verified in accordance with
3625 Subsection (12).
3626 Section 62. Effective date.
3627 This bill takes effect on January 1, 2023, except that the changes to Section 20A-7-103
3628 take effect on May 4, 2022.