Representative Jordan D. Teuscher proposes the following substitute bill:


1     
CITIZEN PETITION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This bill provides a process, under certain circumstances, for the electronic collection of
10     signatures for initiative petitions, referendum petitions, or petitions seeking the
11     nomination of a registered political party.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     establishes a process for the electronic collection of signatures, in the presence of a
16     signature gatherer using an approved device, as follows:
17               •     for, at the discretion of the lieutenant governor, a statewide initiative, a
18     statewide referendum, or a petition seeking the nomination of a registered
19     political party; or
20               •     for, at the discretion of a local clerk, a local initiative or a local referendum;
21          ▸     limits eligible signatures on a petition to registered voters;
22          ▸     modifies criminal provisions in relation to eligibility to sign a petition;
23          ▸     provides for the security of signatures and information collected in relation to
24     signatures; and
25          ▸     makes technical and conforming changes.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385
33          11-14-301, as last amended by Laws of Utah 2021, Chapter 140
34          17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385
35          20A-1-306, as last amended by Laws of Utah 2019, Chapter 24
36          20A-1-609, as last amended by Laws of Utah 2021, Chapters 140 and 418
37          20A-7-101, as last amended by Laws of Utah 2021, Chapter 80
38          20A-7-203, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
39     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
40          20A-7-204, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
41     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
42          20A-7-205, as last amended by Laws of Utah 2021, Chapter 140
43          20A-7-206, as last amended by Laws of Utah 2021, Chapters 140 and 418
44          20A-7-206.3, as last amended by Laws of Utah 2019, Chapter 210
45          20A-7-207, as last amended by Laws of Utah 2021, Chapter 140
46          20A-7-213, as last amended by Laws of Utah 2019, Chapter 210
47          20A-7-303, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
48     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
49          20A-7-304, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
50     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
51          20A-7-304.5, as enacted by Laws of Utah 2021, Chapter 418
52          20A-7-305, as last amended by Laws of Utah 2021, Chapter 140
53          20A-7-306, as last amended by Laws of Utah 2021, Chapters 140 and 418
54          20A-7-306.3, as last amended by Laws of Utah 2021, Chapter 140
55          20A-7-307, as last amended by Laws of Utah 2021, Chapter 140
56          20A-7-312, as last amended by Laws of Utah 2019, Chapter 210

57          20A-7-502.6, as enacted by Laws of Utah 2021, Chapter 418
58          20A-7-502.7, as last amended by Laws of Utah 2021, Chapter 418
59          20A-7-503, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
60     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
61          20A-7-504, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
62     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
63          20A-7-505, as last amended by Laws of Utah 2021, Chapter 140
64          20A-7-506, as last amended by Laws of Utah 2021, Chapters 140 and 418
65          20A-7-506.3, as last amended by Laws of Utah 2021, Chapter 140
66          20A-7-507, as last amended by Laws of Utah 2021, Chapter 140
67          20A-7-512, as last amended by Laws of Utah 2019, Chapter 203
68          20A-7-602.7, as last amended by Laws of Utah 2021, Chapter 418
69          20A-7-602.8, as last amended by Laws of Utah 2021, Chapter 418
70          20A-7-603, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
71     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
72          20A-7-604, as last amended by Laws of Utah 2021, Chapters 140, 418 and last
73     amended by Coordination Clause, Laws of Utah 2021, Chapter 418
74          20A-7-604.5, as enacted by Laws of Utah 2021, Chapter 418
75          20A-7-605, as last amended by Laws of Utah 2021, Chapter 140
76          20A-7-606, as last amended by Laws of Utah 2021, Chapters 140 and 418
77          20A-7-606.3, as last amended by Laws of Utah 2021, Chapter 140
78          20A-7-607, as last amended by Laws of Utah 2021, Chapters 80 and 140
79          20A-7-611, as last amended by Laws of Utah 2021, Chapter 140
80          20A-7-612, as last amended by Laws of Utah 2019, Chapter 203
81          20A-7-613, as last amended by Laws of Utah 2021, Chapter 140
82          20A-9-101, as last amended by Laws of Utah 2020, Chapter 344
83          20A-9-403, as last amended by Laws of Utah 2020, Chapter 22
84          20A-9-405, as last amended by Laws of Utah 2018, Chapter 281
85          20A-9-408, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
86     ENACTS:
87          20A-7-215, Utah Code Annotated 1953

88          20A-7-216, Utah Code Annotated 1953
89          20A-7-217, Utah Code Annotated 1953
90          20A-7-313, Utah Code Annotated 1953
91          20A-7-314, Utah Code Annotated 1953
92          20A-7-315, Utah Code Annotated 1953
93          20A-7-514, Utah Code Annotated 1953
94          20A-7-515, Utah Code Annotated 1953
95          20A-7-516, Utah Code Annotated 1953
96          20A-7-614, Utah Code Annotated 1953
97          20A-7-615, Utah Code Annotated 1953
98          20A-7-616, Utah Code Annotated 1953
99          20A-21-101, Utah Code Annotated 1953
100          20A-21-201, Utah Code Annotated 1953
101     

102     Be it enacted by the Legislature of the state of Utah:
103          Section 1. Section 10-9a-509 is amended to read:
104          10-9a-509. Applicant's entitlement to land use application approval --
105     Municipality's requirements and limitations -- Vesting upon submission of development
106     plan and schedule.
107          (1) (a) (i) An applicant who has submitted a complete land use application as described
108     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
109     review of the application under the land use regulations:
110          (A) in effect on the date that the application is complete; and
111          (B) applicable to the application or to the information shown on the application.
112          (ii) An applicant is entitled to approval of a land use application if the application
113     conforms to the requirements of the applicable land use regulations, land use decisions, and
114     development standards in effect when the applicant submits a complete application and pays
115     application fees, unless:
116          (A) the land use authority, on the record, formally finds that a compelling,
117     countervailing public interest would be jeopardized by approving the application and specifies
118     the compelling, countervailing public interest in writing; or

119          (B) in the manner provided by local ordinance and before the applicant submits the
120     application, the municipality formally initiates proceedings to amend the municipality's land
121     use regulations in a manner that would prohibit approval of the application as submitted.
122          (b) The municipality shall process an application without regard to proceedings the
123     municipality initiated to amend the municipality's ordinances as described in Subsection
124     (1)(a)(ii)(B) if:
125          (i) 180 days have passed since the municipality initiated the proceedings; and
126          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
127     application as submitted.
128          (c) A land use application is considered submitted and complete when the applicant
129     provides the application in a form that complies with the requirements of applicable ordinances
130     and pays all applicable fees.
131          (d) A subsequent incorporation of a municipality or a petition that proposes the
132     incorporation of a municipality does not affect a land use application approved by a county in
133     accordance with Section 17-27a-508.
134          (e) The continuing validity of an approval of a land use application is conditioned upon
135     the applicant proceeding after approval to implement the approval with reasonable diligence.
136          (f) A municipality may not impose on an applicant who has submitted a complete
137     application a requirement that is not expressed in:
138          (i) this chapter;
139          (ii) a municipal ordinance; or
140          (iii) a municipal specification for public improvements applicable to a subdivision or
141     development that is in effect on the date that the applicant submits an application.
142          (g) A municipality may not impose on a holder of an issued land use permit or a final,
143     unexpired subdivision plat a requirement that is not expressed:
144          (i) in a land use permit;
145          (ii) on the subdivision plat;
146          (iii) in a document on which the land use permit or subdivision plat is based;
147          (iv) in the written record evidencing approval of the land use permit or subdivision
148     plat;
149          (v) in this chapter; or

150          (vi) in a municipal ordinance.
151          (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
152     of a certificate of occupancy or acceptance of subdivision improvements because of an
153     applicant's failure to comply with a requirement that is not expressed:
154          (i) in the building permit or subdivision plat, documents on which the building permit
155     or subdivision plat is based, or the written record evidencing approval of the land use permit or
156     subdivision plat; or
157          (ii) in this chapter or the municipality's ordinances.
158          (i) A municipality may not unreasonably withhold issuance of a certificate of
159     occupancy where an applicant has met all requirements essential for the public health, public
160     safety, and general welfare of the occupants, in accordance with this chapter, unless:
161          (i) the applicant and the municipality have agreed in a written document to the
162     withholding of a certificate of occupancy; or
163          (ii) the applicant has not provided a financial assurance for required and uncompleted
164     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
165     legislative body adopts under this chapter.
166          (2) A municipality is bound by the terms and standards of applicable land use
167     regulations and shall comply with mandatory provisions of those regulations.
168          (3) A municipality may not, as a condition of land use application approval, require a
169     person filing a land use application to obtain documentation regarding a school district's
170     willingness, capacity, or ability to serve the development proposed in the land use application.
171          (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
172     which a subdivision plat is recorded, a municipality may not impose on a building permit
173     applicant for a single-family dwelling located within the subdivision any land use regulation
174     that is enacted within 10 years after the day on which the subdivision plat is recorded.
175          (b) Subsection (4)(a) does not apply to any changes in the requirements of the
176     applicable building code, health code, or fire code, or other similar regulations.
177          (5) Upon a specified public agency's submission of a development plan and schedule as
178     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
179     specified public agency vests in the municipality's applicable land use maps, zoning map,
180     hookup fees, impact fees, other applicable development fees, and land use regulations in effect

181     on the date of submission.
182          (6) (a) If sponsors of a referendum timely challenge a project in accordance with
183     Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
184     approval by delivering a written notice:
185          (i) to the local clerk as defined in Section 20A-7-101; and
186          (ii) no later than seven days after the day on which a petition for a referendum is
187     determined sufficient under Subsection [20A-7-607(4)] 20A-7-607(5).
188          (b) Upon delivery of a written notice described in Subsection (6)(a) the following are
189     rescinded and are of no further force or effect:
190          (i) the relevant land use approval; and
191          (ii) any land use regulation enacted specifically in relation to the land use approval.
192          Section 2. Section 11-14-301 is amended to read:
193          11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
194     under constitutional and statutory limitations.
195          (1) If the governing body has declared the bond proposition to have carried and no
196     contest has been filed, or if a contest has been filed and favorably terminated, the governing
197     body may proceed to issue the bonds voted at the election.
198          (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
199     otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
200     more than 10 years after the day on which the election is held.
201          (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
202     10-year period:
203          (i) an application for a referendum petition is filed with a local clerk, in accordance
204     with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or
205          (ii) the bonds are challenged in a court of law or an administrative proceeding in
206     relation to:
207          (A) the legality or validity of the bonds, or the election or proceedings authorizing the
208     bonds;
209          (B) the authority of the local political subdivision to issue the bonds;
210          (C) the provisions made for the security or payment of the bonds; or
211          (D) any other issue that materially and adversely affects the marketability of the bonds,

212     as determined by the individual or body that holds the executive powers of the local political
213     subdivision.
214          (c) For a bond described in this section that is approved by voters on or after May 8,
215     2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
216     later of the day on which:
217          (i) the local clerk determines that the petition is insufficient, in accordance with
218     Subsection [20A-7-607(2)(e)] 20A-7-607(3)(d), unless an application, described in Subsection
219     [20A-7-607(3)(a)] 20A-7-607(4)(a), is made to a court;
220          (ii) a court determines, under Subsection [20A-7-607(3)(c)] 20A-7-607(4)(c), that the
221     petition for the referendum is not legally sufficient; or
222          (iii) for a referendum petition that is sufficient, the governing body declares, as
223     provided by law, the results of the referendum election on the local obligation law.
224          (d) For a bond described in this section that was approved by voters on or after May
225     14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
226          (i) if a county, city, town, metro township, or court determines, under Section
227     20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
228          (A) the day on which the county, city, town, or metro township provides the notice
229     described in Subsection 20A-7-602.7(1)(b)(ii); or
230          (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
231     decision that the proposed referendum is not legally referable to voters becomes final; or
232          (ii) if a county, city, town, metro township, or court determines, under Section
233     20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
234          (A) the day on which the local clerk determines, under Section 20A-7-607, that the
235     number of certified names is insufficient for the proposed referendum to appear on the ballot;
236     or
237          (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
238     names is sufficient for the proposed referendum to appear on the ballot, the day on which the
239     governing body declares, as provided by law, the results of the referendum election on the local
240     obligation law.
241          (e) A tolling period described in Subsection (2)(b)(ii) ends after:
242          (i) there is a final settlement, a final adjudication, or another type of final resolution of

243     all challenges described in Subsection (2)(b)(ii); and
244          (ii) the individual or body that holds the executive powers of the local political
245     subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
246     are resolved and final.
247          (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
248     (2) and, when the tolling ends and after giving effect to the tolling, the period of time
249     remaining to issue the bonds is less than one year, the period of time remaining to issue the
250     bonds shall be extended to one year.
251          (g) The tolling provisions described in this Subsection (2) apply to all bonds described
252     in this section that were approved by voters on or after May 8, 2002.
253          (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
254     the indebtedness of the local political subdivision to exceed that permitted by the Utah
255     Constitution or statutes.
256          (b) In computing the amount of indebtedness that may be incurred pursuant to
257     constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
258     as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
259     of the taxable property in the local political subdivision, as computed from the last applicable
260     equalized assessment roll before the incurring of the additional indebtedness.
261          (c) In determining the fair market value of the taxable property in the local political
262     subdivision as provided in this section, the value of all tax equivalent property, as defined in
263     Section 59-3-102, shall be included as a part of the total fair market value of taxable property
264     in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
265     Act.
266          (4) Bonds of improvement districts issued in a manner that they are payable solely
267     from the revenues to be derived from the operation of the facilities of the district may not be
268     included as bonded indebtedness for the purposes of the computation.
269          (5) Where bonds are issued by a city, town, or county payable solely from revenues
270     derived from the operation of revenue-producing facilities of the city, town, or county, or
271     payable solely from a special fund into which are deposited excise taxes levied and collected by
272     the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
273     city, town, or county, or any combination of those excise taxes, the bonds shall be included as

274     bonded indebtedness of the city, town, or county only to the extent required by the Utah
275     Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
276     town, or county need not be authorized at an election, except as otherwise provided by the Utah
277     Constitution, the bonds being hereby expressly excluded from the election requirement of
278     Section 11-14-201.
279          (6) A bond election is not void when the amount of bonds authorized at the election
280     exceeded the limitation applicable to the local political subdivision at the time of holding the
281     election, but the bonds may be issued from time to time in an amount within the applicable
282     limitation at the time the bonds are issued.
283          (7) (a) A local political subdivision may not receive, from the issuance of bonds
284     approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
285     maximum principal amount stated in the bond proposition.
286          (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
287     held after January 1, 2019.
288          Section 3. Section 17-27a-508 is amended to read:
289          17-27a-508. Applicant's entitlement to land use application approval --
290     Application relating to land in a high priority transportation corridor -- County's
291     requirements and limitations -- Vesting upon submission of development plan and
292     schedule.
293          (1) (a) (i) An applicant who has submitted a complete land use application, including
294     the payment of all application fees, is entitled to substantive review of the application under the
295     land use regulations:
296          (A) in effect on the date that the application is complete; and
297          (B) applicable to the application or to the information shown on the submitted
298     application.
299          (ii) An applicant is entitled to approval of a land use application if the application
300     conforms to the requirements of the applicable land use regulations, land use decisions, and
301     development standards in effect when the applicant submits a complete application and pays all
302     application fees, unless:
303          (A) the land use authority, on the record, formally finds that a compelling,
304     countervailing public interest would be jeopardized by approving the application and specifies

305     the compelling, countervailing public interest in writing; or
306          (B) in the manner provided by local ordinance and before the applicant submits the
307     application, the county formally initiates proceedings to amend the county's land use
308     regulations in a manner that would prohibit approval of the application as submitted.
309          (b) The county shall process an application without regard to proceedings the county
310     initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
311          (i) 180 days have passed since the county initiated the proceedings; and
312          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
313     application as submitted.
314          (c) A land use application is considered submitted and complete when the applicant
315     provides the application in a form that complies with the requirements of applicable ordinances
316     and pays all applicable fees.
317          (d) The continuing validity of an approval of a land use application is conditioned upon
318     the applicant proceeding after approval to implement the approval with reasonable diligence.
319          (e) A county may not impose on an applicant who has submitted a complete
320     application a requirement that is not expressed:
321          (i) in this chapter;
322          (ii) in a county ordinance; or
323          (iii) in a county specification for public improvements applicable to a subdivision or
324     development that is in effect on the date that the applicant submits an application.
325          (f) A county may not impose on a holder of an issued land use permit or a final,
326     unexpired subdivision plat a requirement that is not expressed:
327          (i) in a land use permit;
328          (ii) on the subdivision plat;
329          (iii) in a document on which the land use permit or subdivision plat is based;
330          (iv) in the written record evidencing approval of the land use permit or subdivision
331     plat;
332          (v) in this chapter; or
333          (vi) in a county ordinance.
334          (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
335     certificate of occupancy or acceptance of subdivision improvements because of an applicant's

336     failure to comply with a requirement that is not expressed:
337          (i) in the building permit or subdivision plat, documents on which the building permit
338     or subdivision plat is based, or the written record evidencing approval of the building permit or
339     subdivision plat; or
340          (ii) in this chapter or the county's ordinances.
341          (h) A county may not unreasonably withhold issuance of a certificate of occupancy
342     where an applicant has met all requirements essential for the public health, public safety, and
343     general welfare of the occupants, in accordance with this chapter, unless:
344          (i) the applicant and the county have agreed in a written document to the withholding
345     of a certificate of occupancy; or
346          (ii) the applicant has not provided a financial assurance for required and uncompleted
347     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
348     legislative body adopts under this chapter.
349          (2) A county is bound by the terms and standards of applicable land use regulations and
350     shall comply with mandatory provisions of those regulations.
351          (3) A county may not, as a condition of land use application approval, require a person
352     filing a land use application to obtain documentation regarding a school district's willingness,
353     capacity, or ability to serve the development proposed in the land use application.
354          (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
355     which a subdivision plat is recorded, a county may not impose on a building permit applicant
356     for a single-family dwelling located within the subdivision any land use regulation that is
357     enacted within 10 years after the day on which the subdivision plat is recorded.
358          (b) Subsection (4)(a) does not apply to any changes in the requirements of the
359     applicable building code, health code, or fire code, or other similar regulations.
360          (5) Upon a specified public agency's submission of a development plan and schedule as
361     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
362     the specified public agency vests in the county's applicable land use maps, zoning map, hookup
363     fees, impact fees, other applicable development fees, and land use regulations in effect on the
364     date of submission.
365          (6) (a) If sponsors of a referendum timely challenge a project in accordance with
366     Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use

367     approval by delivering a written notice:
368          (i) to the local clerk as defined in Section 20A-7-101; and
369          (ii) no later than seven days after the day on which a petition for a referendum is
370     determined sufficient under Subsection [20A-7-607(4)] 20A-7-607(5).
371          (b) Upon delivery of a written notice described in Subsection (6)(a) the following are
372     rescinded and are of no further force or effect:
373          (i) the relevant land use approval; and
374          (ii) any land use regulation enacted specifically in relation to the land use approval.
375          Section 4. Section 20A-1-306 is amended to read:
376          20A-1-306. Electronic signatures prohibited.
377          Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
378     Subsections 68-3-12(1)(e) and 68-3-12.5(28) and (40), an electronic signature may not be used
379     to sign a petition to:
380          (1) except as provided in Section 20A-21-201, qualify a ballot proposition for the
381     ballot under Chapter 7, Issues Submitted to the Voters;
382          (2) organize and register a political party under Chapter 8, Political Party Formation
383     and Procedures; or
384          (3) except as provided in Section 20A-21-201, qualify a candidate for the ballot under
385     Chapter 9, Candidate Qualifications and Nominating Procedures.
386          Section 5. Section 20A-1-609 is amended to read:
387          20A-1-609. Omnibus penalties.
388          (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
389     this title is guilty of a class B misdemeanor.
390          (b) Subsection (1)(a) does not apply to a provision of this title for which another
391     penalty is expressly stated.
392          (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
393     referendum, falsely making the statement described in Subsection [20A-7-203(2)(d)(xx),
394     20A-7-303(2)(d)(xx), 20A-7-503(2)(d)(xx), or 20A-7-603(2)(d)(xx)] 20A-7-203(3)(d)(xx),
395     20A-7-303(3)(d)(xx), 20A-7-503(3)(d)(xx), or 20A-7-603(3)(d)(xx).
396          (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
397     convicted of any offense under this title may not:

398          (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
399     for any office during the election cycle in which the violation occurred;
400          (b) take or hold the office to which the individual was elected; and
401          (c) receive the emoluments of the office to which the individual was elected.
402          (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
403     at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
404     20A-2-101.5.
405          (b) Any person may challenge the right to vote of a person described in Subsection
406     (3)(a) by following the procedures and requirements of Section 20A-3a-803.
407          Section 6. Section 20A-7-101 is amended to read:
408          20A-7-101. Definitions.
409          As used in this chapter:
410          (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
411     gather signatures for the electronic initiative process, the electronic referendum process, or the
412     electronic candidate qualification process.
413          [(1)] (2) "Budget officer" means:
414          (a) for a county, the person designated as budget officer in Section 17-19a-203;
415          (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
416          (c) for a town, the town council; or
417          (d) for a metro township, the person described in Subsection [(1)] (2)(a) for the county
418     in which the metro township is located.
419          [(2)] (3) "Certified" means that the county clerk has acknowledged a signature as being
420     the signature of a registered voter.
421          [(3)] (4) "Circulation" means the process of submitting an initiative or referendum
422     petition to legal voters for their signature.
423          (5) "Electronic initiative process" means:
424          (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
425     and 20A-21-201, for gathering signatures; or
426          (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
427     20A-21-201, for gathering signatures.
428          (6) "Electronic referendum process" means:

429          (a) as it relates to a statewide referendum, the process, described in Sections
430     20A-7-313 and 20A-21-201, for gathering signatures; or
431          (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
432     20A-21-201, for gathering signatures.
433          [(4)] (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the
434     county, city, or town that is holding an election on a ballot proposition.
435          [(5)] (8) "Final fiscal impact statement" means a financial statement prepared after
436     voters approve an initiative that contains the information required by Subsection
437     20A-7-202.5(2) or 20A-7-502.5(2).
438          [(6)] (9) "Initial fiscal impact estimate" means:
439          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
440     application for an initiative petition; or
441          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
442     for an initiative or referendum petition.
443          [(7)] (10) "Initiative" means a new law proposed for adoption by the public as provided
444     in this chapter.
445          [(8)] (11) "Initiative packet" means a copy of the initiative petition, a copy of the
446     proposed law, and the signature sheets, all of which have been bound together as a unit.
447          [(9)] (12) (a) "Land use law" means a law of general applicability, enacted based on the
448     weighing of broad, competing policy considerations, that relates to the use of land, including
449     land use regulation, a general plan, a land use development code, an annexation ordinance, the
450     rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
451     resolution.
452          (b) "Land use law" does not include a land use decision, as defined in Section
453     10-9a-103 or 17-27a-103.
454          [(10)] (13) "Legal signatures" means the number of signatures of legal voters that:
455          (a) meet the numerical requirements of this chapter; and
456          (b) have been obtained, certified, and verified as provided in this chapter.
457          [(11)] (14) "Legal voter" means a person who[: (a)] is registered to vote[; or] in Utah.
458          [(b) becomes registered to vote before the county clerk certifies the signatures on an
459     initiative or referendum petition.]

460          [(12)] (15) "Legally referable to voters" means:
461          (a) for a proposed local initiative, that the proposed local initiative is legally referable
462     to voters under Section 20A-7-502.7; or
463          (b) for a proposed local referendum, that the proposed local referendum is legally
464     referable to voters under Section 20A-7-602.7.
465          [(13)] (16) "Local attorney" means the county attorney, city attorney, or town attorney
466     in whose jurisdiction a local initiative or referendum petition is circulated.
467          [(14)] (17) "Local clerk" means the county clerk, city recorder, or town clerk in whose
468     jurisdiction a local initiative or referendum petition is circulated.
469          [(15)] (18) (a) "Local law" includes:
470          (i) an ordinance;
471          (ii) a resolution;
472          (iii) a land use law;
473          (iv) a land use regulation, as defined in Section 10-9a-103; or
474          (v) other legislative action of a local legislative body.
475          (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
476          [(16)] (19) "Local legislative body" means the legislative body of a county, city, town,
477     or metro township.
478          [(17)] (20) "Local obligation law" means a local law passed by the local legislative
479     body regarding a bond that was approved by a majority of qualified voters in an election.
480          [(18)] (21) "Local tax law" means a law, passed by a political subdivision with an
481     annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
482          (22) "Manual initiative process" means the process for gathering signatures for an
483     initiative using paper signature packets that a signer physically signs.
484          (23) "Manual referendum process" means the process for gathering signatures for a
485     referendum using paper signature packets that a signer physically signs.
486          [(19)] (24) "Measure" means a proposed constitutional amendment, an initiative, or
487     referendum.
488          [(20)] (25) "Referendum" means a process by which a law passed by the Legislature or
489     by a local legislative body is submitted or referred to the voters for their approval or rejection.
490          [(21)] (26) "Referendum packet" means a copy of the referendum petition, a copy of

491     the law being submitted or referred to the voters for their approval or rejection, and the
492     signature sheets, all of which have been bound together as a unit.
493          [(22) (a) "Signature" means a holographic signature.]
494          [(b) "Signature" does not mean an electronic signature.]
495          (27) "Signature":
496          (a) for a statewide initiative:
497          (i) as it relates to the electronic initiative process, means an electronic signature
498     collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
499          (ii) as it relates to the manual initiative process:
500          (A) means a holographic signature collected physically on a signature sheet described
501     in Section 20A-7-203; and
502          (B) does not include an electronic signature;
503          (b) for a statewide referendum:
504          (i) as it relates to the electronic referendum process, means an electronic signature
505     collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
506          (ii) as it relates to the manual referendum process:
507          (A) means a holographic signature collected physically on a signature sheet described
508     in Section 20A-7-303; and
509          (B) does not include an electronic signature;
510          (c) for a local initiative:
511          (i) as it relates to the electronic initiative process, means an electronic signature
512     collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
513          (ii) as it relates to the manual initiative process:
514          (A) means a holographic signature collected physically on a signature sheet described
515     in Section 20A-7-503; and
516          (B) does not include an electronic signature; or
517          (d) for a local referendum:
518          (i) as it relates to the electronic referendum process, means an electronic signature
519     collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
520          (ii) as it relates to the manual referendum process:
521          (A) means a holographic signature collected physically on a signature sheet described

522     in Section 20A-7-603; and
523          (B) does not include an electronic signature.
524          [(23)] (28) "Signature sheets" means sheets in the form required by this chapter that are
525     used to collect signatures in support of an initiative or referendum.
526          [(24)] (29) "Special local ballot proposition" means a local ballot proposition that is
527     not a standard local ballot proposition.
528          [(25)] (30) "Sponsors" means the legal voters who support the initiative or referendum
529     and who sign the application for petition copies.
530          [(26)] (31) (a) "Standard local ballot proposition" means a local ballot proposition for
531     an initiative or a referendum.
532          (b) "Standard local ballot proposition" does not include a property tax referendum
533     described in Section 20A-7-613.
534          [(27)] (32) "Tax percentage difference" means the difference between the tax rate
535     proposed by an initiative or an initiative petition and the current tax rate.
536          [(28)] (33) "Tax percentage increase" means a number calculated by dividing the tax
537     percentage difference by the current tax rate and rounding the result to the nearest thousandth.
538          [(29)] (34) "Verified" means acknowledged by the person circulating the petition as
539     required in Sections 20A-7-205 and 20A-7-305.
540          Section 7. Section 20A-7-203 is amended to read:
541          20A-7-203. Manual initiative process -- Form of initiative petition and signature
542     sheets.
543          (1) This section applies only to the manual initiative process.
544          [(1)] (2) (a) Each proposed initiative petition shall be printed in substantially the
545     following form:
546          "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
547          We, the undersigned citizens of Utah, respectfully demand that the following proposed
548     law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
549     regular general election/session to be held/ beginning on _________(month\day\year);
550          Each signer says:
551          I have personally signed this petition;
552          The date next to my signature correctly reflects the date that I actually signed the

553     petition;
554          I have personally reviewed the entire statement included with this packet;
555          I am registered to vote in Utah [or intend to become registered to vote in Utah before
556     the certification of the petition names by the county clerk]; and
557          My residence and post office address are written correctly after my name.
558          NOTICE TO SIGNERS:
559          Public hearings to discuss this petition were held at: (list dates and locations of public
560     hearings.)".
561          (b) If the initiative petition proposes a tax increase, the following statement shall
562     appear, in at least 14-point, bold type, immediately following the information described in
563     Subsection [(1)] (2)(a):
564          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
565     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
566     percent increase in the current tax rate.".
567          (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
568     proposed law to each initiative petition.
569          [(2)] (3) Each signature sheet shall:
570          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
571          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
572     that line blank for the purpose of binding;
573          (c) include the title of the initiative printed below the horizontal line, in at least
574     14-point, bold type;
575          (d) include a table immediately below the title of the initiative, and beginning .5 inch
576     from the left side of the paper, as follows:
577          (i) the first column shall be .5 inch wide and include three rows;
578          (ii) the first row of the first column shall be .85 inch tall and contain the words "For
579     Office Use Only" in 10-point type;
580          (iii) the second row of the first column shall be .35 inch tall;
581          (iv) the third row of the first column shall be .5 inch tall;
582          (v) the second column shall be 2.75 inches wide;
583          (vi) the first row of the second column shall be .35 inch tall and contain the words

584     "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
585          (vii) the second row of the second column shall be .5 inch tall;
586          (viii) the third row of the second column shall be .35 inch tall and contain the words
587     "Street Address, City, Zip Code" in 10-point type;
588          (ix) the fourth row of the second column shall be .5 inch tall;
589          (x) the third column shall be 2.75 inches wide;
590          (xi) the first row of the third column shall be .35 inch tall and contain the words
591     "Signature of Registered Voter" in 10-point type;
592          (xii) the second row of the third column shall be .5 inch tall;
593          (xiii) the third row of the third column shall be .35 inch tall and contain the words
594     "Email Address (optional, to receive additional information)" in 10-point type;
595          (xiv) the fourth row of the third column shall be .5 inch tall;
596          (xv) the fourth column shall be one inch wide;
597          (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
598     "Date Signed" in 10-point type;
599          (xvii) the second row of the fourth column shall be .5 inch tall;
600          (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
601     "Birth Date or Age (optional)" in 10-point type;
602          (xix) the fourth row of the third column shall be .5 inch tall; and
603          (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
604     and contain the following statement, "By signing this petition, you are stating that you have
605     read and understand the law proposed by this petition." in 12-point type;
606          (e) the table described in Subsection [(2)] (3)(d) shall be repeated, leaving sufficient
607     room at the bottom of the sheet for the information described in Subsection [(2)] (3)(f); and
608          (f) at the bottom of the sheet, include in the following order:
609          (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least
610     12-point, bold type;
611          (ii) except as provided in Subsection [(4)] (5), the initial fiscal impact estimate's
612     summary statement issued by the Office of the Legislative Fiscal Analyst in accordance with
613     Subsection 20A-7-202.5(2)(a), including any update in accordance with Subsection
614     20A-7-204.1(5), in not less than 12-point type;

615          (iii) if the initiative petition proposes a tax increase, the following statement in
616     12-point, bold type:
617          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
618     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
619     percent increase in the current tax rate."; and
620          (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
621     not less than eight-point type:
622          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
623     other than the individual's own name, or to knowingly sign the individual's name more than
624     once for the same measure, or to sign an initiative petition when the individual knows that the
625     individual is not a registered voter [and knows that the individual does not intend to become
626     registered to vote before the certification of the petition names by the county clerk].
627          Birth date or age information is not required, but it may be used to verify your identity
628     with voter registration records. If you choose not to provide it, your signature may not be
629     verified as a valid signature if you change your address before petition signatures are verified
630     or if the information you provide does not match your voter registration records."
631          [(3)] (4) The final page of each initiative packet shall contain the following printed or
632     typed statement:
633          Verification of signature collector
634          State of Utah, County of ____
635          I, _______________, of ____, hereby state, under penalty of perjury, that:
636          I am a resident of Utah and am at least 18 years old;
637          All the names that appear in this packet were signed by individuals who professed to be
638     the individuals whose names appear in it, and each of the individuals signed the individual's
639     name on it in my presence;
640          I did not knowingly make a misrepresentation of fact concerning the law proposed by
641     the initiative;
642          I believe that each individual has printed and signed the individual's name and written
643     the individual's post office address and residence correctly, that each signer has read and
644     understands the law proposed by the initiative, and that each signer is registered to vote in Utah
645     [or intends to become registered to vote before the certification of the petition names by the

646     county clerk].
647          Each individual who signed the packet wrote the correct date of signature next to the
648     individual's name.
649          I have not paid or given anything of value to any individual who signed this petition to
650     encourage that individual to sign it.
651     ________________________________________________________________________
652          (Name) (Residence Address) (Date)
653          [(4)] (5) If the initial fiscal impact estimate described in Subsection [(2)(i)] (3)(f)(ii), as
654     updated in accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the
655     Legislative Fiscal Analyst shall prepare a shorter summary statement, for the purpose of
656     inclusion on a signature sheet, that does not exceed 200 words.
657          [(5)] (6) If the forms described in this section are substantially followed, the initiative
658     petitions are sufficient, notwithstanding clerical and merely technical errors.
659          [(6)] (7) An individual's status as a resident, under Subsection [(3)] (4), is determined
660     in accordance with Section 20A-2-105.
661          Section 8. Section 20A-7-204 is amended to read:
662          20A-7-204. Manual initiative process -- Circulation requirements -- Lieutenant
663     governor to provide sponsors with materials.
664          (1) This section applies only to the manual initiative process.
665          [(1)] (2) In order to obtain the necessary number of signatures required by this part, the
666     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
667     in Subsection [(2)] (3), circulate initiative packets that meet the form requirements of this part.
668          [(2)] (3) The lieutenant governor shall furnish to the sponsors:
669          (a) a copy of the initiative petition, with any change submitted under Subsection
670     20A-7-204.1(5); and
671          (b) a signature sheet.
672          [(3)] (4) The sponsors of the petition shall:
673          (a) arrange and pay for the printing of all additional copies of the petition and signature
674     sheets; and
675          (b) ensure that the copies of the petition and signature sheets meet the form
676     requirements of this section.

677          [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the initiative for
678     circulation by creating multiple initiative packets.
679          (b) The sponsors or an agent of the sponsors shall create the initiative packets by
680     binding a copy of the initiative petition and no more than 50 signature sheets together at the top
681     in a manner that the packets may be conveniently opened for signing.
682          (c) An initiative packet is not required to have a uniform number of signature sheets.
683          [(5)] (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
684          (i) contact the lieutenant governor's office to receive a range of numbers that the
685     sponsors may use to number signature packets; and
686          (ii) number each signature packet, sequentially, within the range of numbers provided
687     by the lieutenant governor's office, starting with the lowest number in the range.
688          (b) The sponsors or an agent of the sponsors may not:
689          (i) number a signature packet in a manner not directed by the lieutenant governor's
690     office; or
691          (ii) circulate or submit a signature packet that is not numbered in the manner directed
692     by the lieutenant governor's office.
693          (c) The lieutenant governor shall keep a record of the number range provided under
694     Subsection [(5)] (6)(a).
695          Section 9. Section 20A-7-205 is amended to read:
696          20A-7-205. Manual initiative process -- Obtaining signatures -- Verification --
697     Removal of signature.
698          (1) This section applies only to the manual initiative process.
699          [(1)] (2) A Utah voter may sign an initiative petition if the voter is a legal voter.
700          [(2)] (3) (a) The sponsors shall ensure that the individual in whose presence each
701     signature sheet was signed:
702          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
703          (ii) verifies each signature sheet by completing the verification printed on the last page
704     of each initiative packet; and
705          (iii) is informed that each signer is required to read and understand the law proposed by
706     the initiative.
707          (b) An individual may not sign the verification printed on the last page of the initiative

708     packet if the person signed a signature sheet in the initiative packet.
709          [(3)] (4) (a) A voter who has signed an initiative petition may have the voter's signature
710     removed from the petition by submitting to the county clerk a statement requesting that the
711     voter's signature be removed before 5 p.m. no later than the earlier of:
712          (i) for an initiative packet received by the county clerk before December 1:
713          (A) 30 days after the day on which the voter signs the signature removal statement; or
714          (B) 90 days after the day on which the lieutenant governor posts the voter's name under
715     Subsection 20A-7-207(2)[(a)]; or
716          (ii) for an initiative packet received by the county clerk on or after December 1:
717          (A) 30 days after the day on which the voter signs the signature removal statement; or
718          (B) 45 days after the day on which the lieutenant governor posts the voter's name under
719     Subsection 20A-7-207(2)[(a)].
720          (b) (i) The statement shall include:
721          (A) the name of the voter;
722          (B) the resident address at which the voter is registered to vote;
723          (C) the signature of the voter; and
724          (D) the date of the signature described in Subsection [(3)] (4)(b)(i)(C).
725          (ii) To increase the likelihood of the voter's signature being identified and removed, the
726     statement may include the voter's birth date or age.
727          (c) A voter may not submit a statement by email or other electronic means.
728          (d) In order for the signature to be removed, the county clerk must receive the
729     statement before 5 p.m. no later than the applicable deadline described in Subsection [(3)]
730     (4)(a).
731          (e) A person may only remove a signature from an initiative petition in accordance
732     with this Subsection [(3)] (4).
733          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
734     an initiative petition, in accordance with Section 20A-7-206.3.
735          Section 10. Section 20A-7-206 is amended to read:
736          20A-7-206. Manual initiative process -- Submitting the initiative petition --
737     Certification of signatures by the county clerks -- Transfer to lieutenant governor.
738          (1) This section applies only to the manual initiative process.

739          [(1)] (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and
740     verified initiative packet to the county clerk of the county in which the packet was circulated
741     before 5 p.m. no later than the earlier of:
742          (i) 30 days after the day on which the first individual signs the initiative packet;
743          (ii) 316 days after the day on which the application for the initiative petition is filed; or
744          (iii) the February 15 immediately before the next regular general election immediately
745     after the application is filed under Section 20A-7-202.
746          (b) A person may not submit an initiative packet after the deadline described in
747     Subsection [(1)] (2)(a).
748          (c) Before delivering a packet to the county clerk under Subsection [(1)] (2), the
749     sponsors shall send an email to each individual who provides a legible, valid email address on
750     the form described in Subsection 20A-7-203[(2)](3)(d) that includes the following:
751          (i) the subject of the email shall include the following statement, "Notice Regarding
752     Your Petition Signature";
753          (ii) the body of the email shall include the following statement in 12-point type:
754          "You signed a petition for the following initiative:
755          [insert title of initiative]
756          To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
757     information on the deadline for removing your signature from the petition, please visit the
758     following link: [insert a uniform resource locator that takes the individual directly to the page
759     on the lieutenant governor's website that includes the information referred to in the email]."
760          (d) When the sponsors submit the final signature packet to the county clerk, the
761     sponsors shall submit to the county clerk the following written verification, completed and
762     signed by each of the sponsors:
763          Verification of initiative sponsor
764          State of Utah, County of __________
765          I, ____________, of ____________, hereby state, under penalty of perjury, that:
766          I am a sponsor of the initiative petition entitled __________________________;
767          I sent, or caused to be sent, to each individual who provided a legible, valid email
768     address on a signature packet submitted to the county clerk in relation to the initiative petition,
769     the email described in Utah Code Subsection 20A-7-206[(1)](2)(c).

770     ____________________________________________________________________________
771          (Name)
(Residence Address)                (Date)

772          (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
773     comply with this Subsection [(1)] (2).
774          [(2)] (3) The county clerk shall, within 21 days after the day on which the county clerk
775     receives the packet:
776          (a) determine whether each signer is a registered voter according to the requirements of
777     Section 20A-7-206.3;
778          (b) certify on the petition whether each name is that of a registered voter;
779          (c) except as provided in Subsection [(3)] (4), post the name [and], voter identification
780     number, and date of signature of each registered voter certified under Subsection [(2)] (3)(b) on
781     the lieutenant governor's website, in a conspicuous location designated by the lieutenant
782     governor; and
783          (d) deliver the verified initiative packet to the lieutenant governor.
784          [(3)] (4) (a) If the county clerk timely receives a statement requesting signature
785     removal under Subsection 20A-7-205[(3)](4), the county clerk shall:
786          (i) ensure that the voter's name [and], voter identification number, and date of signature
787     are not included in the posting described in Subsection [(2)] (3)(c); and
788          (ii) remove the voter's signature from the signature packets and signature packet totals.
789          (b) The county clerk shall comply with Subsection [(3)] (4)(a) before the later of:
790          (i) the deadline described in Subsection [(2)] (3); or
791          (ii) two business days after the day on which the county clerk receives a statement
792     requesting signature removal under Subsection 20A-7-205[(3)](4).
793          [(4)] (5) The county clerk may not certify a signature under Subsection [(2)] (3):
794          (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
795          (b) that does not have a date of signature next to the signature.
796          [(5)] (6) A person may not retrieve an initiative packet from a county clerk, or make
797     any alterations or corrections to an initiative packet, after the initiative packet is submitted to
798     the county clerk.
799          Section 11. Section 20A-7-206.3 is amended to read:
800          20A-7-206.3. Verification of petition signatures.

801          (1) As used in this section:
802          (a) "Substantially similar name" means:
803          (i) the given name and surname shown on the petition, or both, contain only minor
804     spelling differences when compared to the given name and surname shown on the official
805     register;
806          (ii) the surname shown on the petition exactly matches the surname shown on the
807     official register, and the given names differ only because one of the given names shown is a
808     commonly used abbreviation or variation of the other;
809          (iii) the surname shown on the petition exactly matches the surname shown on the
810     official register, and the given names differ only because one of the given names shown is
811     accompanied by a first or middle initial or a middle name which is not shown on the other
812     record; or
813          (iv) the surname shown on the petition exactly matches the surname shown on the
814     official register, and the given names differ only because one of the given names shown is an
815     alphabetically corresponding initial that has been provided in the place of a given name shown
816     on the other record.
817          (b) "Substantially similar name" does not include a name having an initial or a middle
818     name shown on the petition that does not match a different initial or middle name shown on the
819     official register.
820          (2) [The] In relation to an individual who signs an initiative petition with a holographic
821     signature, the county clerk shall use the following procedures in determining whether a signer
822     is a registered voter:
823          (a) if a signer's name and address shown on the petition exactly match a name and
824     address shown on the official register and the signer's signature appears substantially similar to
825     the signature on the statewide voter registration database, the county clerk shall declare the
826     signature valid;
827          (b) if there is no exact match of an address and a name, the county clerk shall declare
828     the signature valid if:
829          (i) the address on the petition matches the address of an individual on the official
830     register with a substantially similar name; and
831          (ii) the signer's signature appears substantially similar to the signature on the statewide

832     voter registration database of the individual described in Subsection (2)(b)(i);
833          (c) if there is no match of an address and a substantially similar name, the county clerk
834     shall declare the signature valid if:
835          (i) the birth date or age on the petition matches the birth date or age of an individual on
836     the official register with a substantially similar name; and
837          (ii) the signer's signature appears substantially similar to the signature on the statewide
838     voter registration database of the individual described in Subsection (2)(c)(i); and
839          (d) if a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
840     clerk shall declare the signature to be invalid.
841          (3) [The] In relation to an individual who, with a holographic signature, signs a
842     statement to remove the individual's signature from an initiative petition, the county clerk shall
843     use the following procedures in determining whether to remove a signature from a petition
844     after receiving a timely, valid statement requesting removal of the signature:
845          (a) if a signer's name and address shown on the statement and the petition exactly
846     match a name and address shown on the official register and the signer's signature on both the
847     statement and the petition appears substantially similar to the signature on the statewide voter
848     registration database, the county clerk shall remove the signature from the petition;
849          (b) if there is no exact match of an address and a name, the county clerk shall remove
850     the signature from the petition if:
851          (i) the address on the statement and the petition matches the address of an individual
852     on the official register with a substantially similar name; and
853          (ii) the signer's signature on both the statement and the petition appears substantially
854     similar to the signature on the statewide voter registration database of the individual described
855     in Subsection (3)(b)(i);
856          (c) if there is no match of an address and a substantially similar name, the county clerk
857     shall remove the signature from the petition if:
858          (i) the birth date or age on the statement and petition match the birth date or age of an
859     individual on the official register with a substantially similar name; and
860          (ii) the signer's signature on both the statement and the petition appears substantially
861     similar to the signature on the statewide voter registration database of the individual described
862     in Subsection (3)(c)(i); and

863          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
864     county clerk may not remove the signature from the petition.
865          Section 12. Section 20A-7-207 is amended to read:
866          20A-7-207. Evaluation by the lieutenant governor.
867          (1) [When] In relation to the manual initiative process, when the lieutenant governor
868     receives an initiative packet from a county clerk, the lieutenant governor shall record the
869     number of the initiative packet received.
870          (2) [(a)] The county clerk shall:
871          (a) in relation to the manual initiative process:
872          (i) post the names [and], voter identification numbers, and dates of signatures
873     described in Subsection 20A-7-206[(2)](3)(c) on the lieutenant governor's website, in a
874     conspicuous location designated by the lieutenant governor:
875          (A) for an initiative packet received by the county clerk before December 1, for at least
876     90 days; or
877          (B) for an initiative packet received by the county clerk on or after December 1, for at
878     least 45 days; and
879          (ii) update on the lieutenant governor's website the number of signatures certified as of
880     the date of the update[.]; or
881          (b) in relation to the electronic initiative process:
882          (i) post the names, voter identification numbers, and dates of signatures described in
883     Subsection 20A-7-217(4) on the lieutenant governor's website, in a conspicuous location
884     designated by the lieutenant governor:
885          (A) for a signature received by the county clerk before December 1, for at least 90
886     days; or
887          (B) for a signature received by the county clerk on or after December 1, for at least 45
888     days; and
889          (ii) update on the lieutenant governor's website the number of signatures certified as of
890     the date of the update.
891          [(b)] (3) The lieutenant governor:
892          [(i)] (a) shall, except as provided in Subsection [(2)(b)(ii)] (3)(b), declare the petition
893     to be sufficient or insufficient on April 30 before the regular general election described in

894     Subsection 20A-7-201(2)(b); or
895          [(ii)] (b) may declare the petition to be insufficient before the day described in
896     Subsection [(2)(b)(i)] (3)(a) if:
897          [(A)] (i) in relation to the manual initiative process, the total of all valid signatures on
898     timely and lawfully submitted signature packets that have been certified by the county clerks,
899     plus the number of signatures on timely and lawfully submitted signature packets that have not
900     yet been evaluated for certification, is less than the number of names required under Section
901     20A-7-201; [or]
902          (ii) in relation to the electronic initiative process, the total of all timely and lawfully
903     submitted valid signatures that have been certified by the county clerks, plus the number of
904     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
905     that have not yet been evaluated for certification, is less than the number of names required
906     under Section 20A-7-201; or
907          [(B)] (iii) a requirement of this part has not been met.
908          [(c)] (4) (a) If the total number of names certified under [this] Subsection [(2)] (3)
909     equals or exceeds the number of names required under Section 20A-7-201, and the
910     requirements of this part are met, the lieutenant governor shall mark upon the front of the
911     petition the word "sufficient."
912          [(d)] (b) If the total number of names certified under [this] Subsection [(2)] (3) does
913     not equal or exceed the number of names required under Section 20A-7-201 or a requirement
914     of this part is not met, the lieutenant governor shall mark upon the front of the petition the
915     word "insufficient."
916          [(e)] (c) The lieutenant governor shall immediately notify any one of the sponsors of
917     the lieutenant governor's finding.
918          [(3)] (5) After a petition is declared insufficient, a person may not submit additional
919     signatures to qualify the petition for the ballot.
920          [(4)] (6) (a) If the lieutenant governor refuses to accept and file an initiative petition
921     that a voter believes is legally sufficient, the voter may, no later than May 15, apply to the
922     appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file
923     the initiative petition.
924          (b) If the court determines that the initiative petition is legally sufficient, the lieutenant

925     governor shall file the petition, with a verified copy of the judgment attached to the petition, as
926     of the date on which the petition was originally offered for filing in the lieutenant governor's
927     office.
928          (c) If the court determines that a petition filed is not legally sufficient, the court may
929     enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
930     and numbers of that measure on the official ballot.
931          [(5)] (7) A petition determined to be sufficient in accordance with this section is
932     qualified for the ballot.
933          Section 13. Section 20A-7-213 is amended to read:
934          20A-7-213. Misconduct of electors and officers -- Penalty.
935          (1) It is unlawful for any person to:
936          (a) sign any name other than the person's own to an initiative petition or a statement
937     described in Subsection [20A-7-205(3)] 20A-7-205(4) or 20A-7-216(4);
938          (b) knowingly sign the person's name more than once for the same measure at one
939     election;
940          (c) knowingly indicate [on an initiative packet] that a person who signed [the packet]
941     an initiative petition signed the [packet] petition on a date other than the date that the person
942     signed the [packet] petition;
943          (d) sign an initiative petition knowing the person is not a legal voter; or
944          (e) knowingly and willfully violate any provision of this part.
945          (2) It is unlawful for any person to sign the verification for an initiative packet, or to
946     electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
947     that:
948          (a) the person does not meet the residency requirements of Section 20A-2-105;
949          (b) the signature date [next to] associated with the person's [name on the initiative
950     packet] signature for the initiative petition is not the date that the person signed the [packet]
951     petition;
952          (c) the person has not witnessed the signatures of those persons [whose names appear
953     in the initiative packet] whose signatures the person collects or submits; or
954          (d) one or more [persons whose signatures appear in the initiative packet is either: (i)]
955     individuals who signed the initiative petition are not registered to vote in Utah[; or].

956          [(ii) does not intend to become registered to vote in Utah.]
957          (3) It is unlawful for any person to:
958          (a) pay a person to sign an initiative petition;
959          (b) pay a person to remove the person's signature from an initiative petition;
960          (c) accept payment to sign an initiative petition; or
961          (d) accept payment to have the person's name removed from an initiative petition.
962          (4) Any person violating this section is guilty of a class A misdemeanor.
963          Section 14. Section 20A-7-215 is enacted to read:
964          20A-7-215. Electronic initiative process -- Form of initiative petition -- Circulation
965     requirements -- Signature collection.
966          (1) This section applies only to the electronic initiative process.
967          (2) (a) The first screen presented on the approved device shall include the following
968     statement:
969          "This INITIATIVE PETITION is addressed to the Honorable ____, Lieutenant
970     Governor:
971          The citizens of Utah who sign this petition respectfully demand that the following
972     proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or
973     rejection at the regular general election/session to be held/ beginning on
974     _________(month\day\year)."
975          (b) An individual may not advance to the second screen until the individual clicks a
976     link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
977     understand the information presented on this screen."
978          (3) (a) The second screen presented on the approved device shall include the following
979     statement:
980          "Public hearings to discuss this petition were held at: (list dates and locations of public
981     hearings.)".
982          (b) An individual may not advance to the third screen until the individual clicks a link
983     at the bottom of the second screen stating, "By clicking here, I attest that I have read and
984     understand the information presented on this screen."
985          (4) (a) The third screen presented on the approved device shall include the title of
986     proposed law, described in Subsection 20A-7-202(2)(d)(i), followed by the entire text of the

987     proposed law.
988          (b) An individual may not advance to the fourth screen until the individual clicks a link
989     at the bottom of the third screen stating, "By clicking here, I attest that I have read and
990     understand the entire text of the proposed law."
991          (5) Subsequent screens shall be presented on the device in the following order, with the
992     individual viewing the device being required, before advancing to the next screen, to click a
993     link at the bottom of the screen with the following statement: "By clicking here, I attest that I
994     have read and understand the information presented on this screen.":
995          (a) a description of all proposed sources of funding for the costs associated with the
996     proposed law, including the proposed percentage of total funding from each source;
997          (b) (i) if the initiative petition proposes a tax increase, the following statement, "This
998     initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
999     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1000     increase in the current tax rate."; or
1001          (ii) if the initiative petition does not propose a tax increase, the following statement,
1002     "This initiative petition does not propose a tax increase.";
1003          (c) the initial fiscal impact estimate's summary statement issued by the Office of the
1004     Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a), including any
1005     update in accordance with Subsection 20A-7-204.1(5);
1006          (d) a statement indicating whether persons gathering signatures for the petition may be
1007     paid for gathering signatures; and
1008          (e) the following statement, followed by links where the individual may click "yes" or
1009     "no":
1010          "I have personally reviewed the entirety of each statement presented on this device;
1011          I am personally signing this petition;
1012          I am registered to vote in Utah; and
1013          All information I enter on this device, including my residence and post office address, is
1014     accurate.
1015          It is a class A misdemeanor for an individual to sign an initiative petition with a name
1016     other than the individual's own name, or to knowingly sign the individual's name more than
1017     once for the same measure, or to sign an initiative petition when the individual knows that the

1018     individual is not a registered voter.
1019          WARNING
1020          Even if your voter registration record is classified as private, your name, voter
1021     identification number, and date of signature in relation to signing this petition will be made
1022     public.
1023          Do you wish to continue and sign this petition?"
1024          (6) (a) If the individual clicks "no" in response to the question described in Subsection
1025     (5)(e), the next screen shall include the following statement, "Thank you for your time. Please
1026     return this device to the signature-gatherer."
1027          (b) If the individual clicks "yes" in response to the question described in Subsection
1028     (5)(e), the website, or the application that accesses the website, shall take the signature-gatherer
1029     and the individual signing the petition through the signature process described in Section
1030     20A-21-201.
1031          Section 15. Section 20A-7-216 is enacted to read:
1032          20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to
1033     remove signature.
1034          (1) This section applies to the electronic initiative process.
1035          (2) A Utah voter may sign an initiative if the voter is a legal voter.
1036          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1037     an individual:
1038          (a) verifies that the individual is at least 18 years old and meets the residency
1039     requirements of Section 20A-2-105; and
1040          (b) is informed that each signer is required to read and understand the law proposed by
1041     the initiative.
1042          (4) A voter who has signed an initiative petition may have the voter's signature
1043     removed from the petition by submitting to the county clerk a statement requesting that the
1044     voter's signature be removed before 5 p.m. no later than the earlier of:
1045          (a) for an electronic signature gathered before December 1:
1046          (i) 30 days after the day on which the voter signs the signature removal statement; or
1047          (ii) 90 days after the day on which the county clerk posts the voter's name under
1048     Subsection 20A-7-217(4); or

1049          (b) for an electronic signature gathered on or after December 1:
1050          (i) 30 days after the day on which the voter signs the signature removal statement; or
1051          (ii) 45 days after the day on which the county clerk posts the voter's name under
1052     Subsection 20A-7-217(4).
1053          (5) (a) The statement shall include:
1054          (i) the name of the voter;
1055          (ii) the resident address at which the voter is registered to vote;
1056          (iii) the signature of the voter; and
1057          (iv) the date of the signature described in Subsection (5)(a)(iii).
1058          (b) To increase the likelihood of the voter's signature being identified and removed, the
1059     statement may include the voter's birth date or age.
1060          (c) A voter may not submit a signature removal statement by email or other electronic
1061     means, unless the lieutenant governor establishes a signature removal process that is consistent
1062     with the requirements of this section and Section 20A-21-201.
1063          (d) A person may only remove an electronic signature from an initiative petition in
1064     accordance with this section.
1065          (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1066     electronic signature from an initiative petition, in accordance with Section 20A-7-206.3.
1067          Section 16. Section 20A-7-217 is enacted to read:
1068          20A-7-217. Electronic initiative process -- Collecting signatures -- Email
1069     notification -- Removal of signatures.
1070          (1) This section applies only to the electronic initiative process.
1071          (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
1072          (a) 316 days after the day on which the application for the initiative petition is filed; or
1073          (b) the February 15 immediately before the next regular general election immediately
1074     after the application is filed under Section 20A-7-202.
1075          (3) The lieutenant governor shall send to each individual who provides a valid email
1076     address during the signature-gathering process an email that includes the following:
1077          (a) the subject of the email shall include the following statement, "Notice Regarding
1078     Your Petition Signature"; and
1079          (b) the body of the email shall include the following statement in 12-point type:

1080          "You signed a petition for the following initiative:
1081          [insert title of initiative]
1082          To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
1083     information on the deadline for removing your signature from the petition, please visit the
1084     following link: [insert a uniform resource locator that takes the individual directly to the page
1085     on the lieutenant governor's website that includes the information referred to in the email]."
1086          (4) Except as provided in Subsection (5), the county clerk shall, within two business
1087     days after the day on which the signature of an individual who signs a petition is certified under
1088     Section 20A-21-201, post the name, voter identification number, and date of signature of the
1089     individual on the lieutenant governor's website, in a conspicuous location designated by the
1090     lieutenant governor.
1091          (5) (a) If the county clerk timely receives a statement requesting signature removal
1092     under Subsection 20A-7-216(4), the county clerk shall:
1093          (i) ensure that the voter's name, voter identification number, and date of signature are
1094     not included in the posting described in Subsection (4); and
1095          (ii) remove the voter's signature from the petition and the petition signature totals.
1096          (b) The county clerk shall comply with Subsection (5)(a) before the later of:
1097          (i) the deadline described in Subsection (4); or
1098          (ii) two business days after the day on which the county clerk receives a statement
1099     requesting signature removal under Subsection 20A-7-216(4).
1100          Section 17. Section 20A-7-303 is amended to read:
1101          20A-7-303. Manual referendum process -- Form of referendum petition and
1102     signature sheets.
1103          (1) This section applies only to the manual referendum process.
1104          [(1)] (2) (a) Each proposed referendum petition shall be printed in substantially the
1105     following form:
1106          "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
1107          We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
1108     ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
1109     the part or parts on which the referendum is sought), passed by the Legislature of the state of
1110     Utah during the ____ Session, be referred to the people of Utah for their approval or rejection

1111     at a regular general election or a statewide special election;
1112          Each signer says:
1113          I have personally signed this petition;
1114          The date next to my signature correctly reflects the date that I actually signed the
1115     petition;
1116          I have personally reviewed the entire statement included with this packet;
1117          I am registered to vote in Utah [or intend to become registered to vote in Utah before
1118     the certification of the petition names by the county clerk]; and
1119          My residence and post office address are written correctly after my name.".
1120          (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
1121     law that is the subject of the referendum to each referendum petition.
1122          [(2)] (3) Each signature sheet shall:
1123          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1124          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1125     that line blank for the purpose of binding;
1126          (c) include the title of the referendum printed below the horizontal line, in at least
1127     14-point, bold type;
1128          (d) include a table immediately below the title of the referendum, and beginning .5 inch
1129     from the left side of the paper, as follows:
1130          (i) the first column shall be .5 inch wide and include three rows;
1131          (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1132     Office Use Only" in 10-point type;
1133          (iii) the second row of the first column shall be .35 inch tall;
1134          (iv) the third row of the first column shall be .5 inch tall;
1135          (v) the second column shall be 2.75 inches wide;
1136          (vi) the first row of the second column shall be .35 inch tall and contain the words
1137     "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1138          (vii) the second row of the second column shall be .5 inch tall;
1139          (viii) the third row of the second column shall be .35 inch tall and contain the words
1140     "Street Address, City, Zip Code" in 10-point type;
1141          (ix) the fourth row of the second column shall be .5 inch tall;

1142          (x) the third column shall be 2.75 inches wide;
1143          (xi) the first row of the third column shall be .35 inch tall and contain the words
1144     "Signature of Registered Voter" in 10-point type;
1145          (xii) the second row of the third column shall be .5 inch tall;
1146          (xiii) the third row of the third column shall be .35 inch tall and contain the words
1147     "Email Address (optional, to receive additional information)" in 10-point type;
1148          (xiv) the fourth row of the third column shall be .5 inch tall;
1149          (xv) the fourth column shall be one inch wide;
1150          (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1151     "Date Signed" in 10-point type;
1152          (xvii) the second row of the fourth column shall be .5 inch tall;
1153          (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1154     "Birth Date or Age (optional)" in 10-point type;
1155          (xix) the fourth row of the third column shall be .5 inch tall; and
1156          (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1157     and contain the following words "By signing this petition, you are stating that you have read
1158     and understand the law that this petition seeks to overturn." in 12-point type;
1159          (e) the table described in Subsection [(2)] (3)(d) shall be repeated, leaving sufficient
1160     room at the bottom of the sheet for the information described in Subsection [(2)] (3)(f); and
1161          (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
1162     followed by the following statement in not less than eight-point type:
1163          "It is a class A misdemeanor for an individual to sign a referendum petition with a name
1164     other than the individual's own name, or to knowingly sign the individual's name more than
1165     once for the same measure, or to sign a referendum petition when the individual knows that the
1166     individual is not a registered voter [and knows that the individual does not intend to become
1167     registered to vote before the certification of the petition names by the county clerk].
1168          Birth date or age information is not required, but it may be used to verify your identity
1169     with voter registration records. If you choose not to provide it, your signature may not be
1170     verified as a valid signature if you change your address before petition signatures are verified
1171     or if the information you provide does not match your voter registration records."
1172          [(3)] (4) The final page of each referendum packet shall contain the following printed

1173     or typed statement:
1174          Verification of signature collector
1175          State of Utah, County of ____
1176          I, _______________, of ____, hereby state, under penalty of perjury, that:
1177          I am a Utah resident and am at least 18 years old;
1178          All the names that appear in this packet were signed by individuals who professed to be
1179     the individuals whose names appear in it, and each of the individuals signed the individual's
1180     name on it in my presence;
1181          I did not knowingly make a misrepresentation of fact concerning the law this petition
1182     seeks to overturn;
1183          I believe that each individual has printed and signed the individual's name and written
1184     the individual's post office address and residence correctly, that each signer has read and
1185     understands the law that the referendum seeks to overturn, and that each signer is registered to
1186     vote in Utah [or intends to become registered to vote before the certification of the petition
1187     names by the county clerk].
1188          Each individual who signed the packet wrote the correct date of signature next to the
1189     individual's name.
1190          I have not paid or given anything of value to any individual who signed this petition to
1191     encourage that individual to sign it.
1192     ________________________________________________________________________
1193          (Name) (Residence Address) (Date).
1194          [(4)] (5) If the forms described in this section are substantially followed, the
1195     referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
1196          [(5)] (6) An individual's status as a resident, under Subsection [(3)] (4), is determined
1197     in accordance with Section 20A-2-105.
1198          Section 18. Section 20A-7-304 is amended to read:
1199          20A-7-304. Manual referendum process -- Circulation requirements --
1200     Lieutenant governor to provide sponsors with materials.
1201          (1) This section applies only to the manual referendum process.
1202          [(1)] (2) In order to obtain the necessary number of signatures required by this part, the
1203     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described

1204     in Subsection [(2)] (3), circulate referendum packets that meet the form requirements of this
1205     part.
1206          [(2)] (3) The lieutenant governor shall furnish to the sponsors:
1207          (a) a copy of the referendum petition; and
1208          (b) a signature sheet.
1209          [(3)] (4) The sponsors of the petition shall:
1210          (a) arrange and pay for the printing of all additional copies of the petition and signature
1211     sheets; and
1212          (b) ensure that the copies of the petition and signature sheets meet the form
1213     requirements of this section.
1214          [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the referendum for
1215     circulation by creating multiple referendum packets.
1216          (b) The sponsors or an agent of the sponsors shall create referendum packets by
1217     binding a copy of the referendum and no more than 50 signature sheets together at the top in a
1218     manner that the packets may be conveniently opened for signing.
1219          (c) A referendum packet is not required to have a uniform number of signature sheets.
1220          [(5)] (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
1221          (i) contact the lieutenant governor's office to receive a range of numbers that the
1222     sponsors may use to number signature packets; and
1223          (ii) number each signature packet, sequentially, within the range of numbers provided
1224     by the lieutenant governor's office, starting with the lowest number in the range.
1225          (b) The sponsors or an agent of the sponsors may not:
1226          (i) number a signature packet in a manner not directed by the lieutenant governor's
1227     office; or
1228          (ii) circulate or submit a signature packet that is not numbered in the manner directed
1229     by the lieutenant governor's office.
1230          (c) The lieutenant governor shall keep a record of the number range provided under
1231     Subsection [(5)] (6)(a).
1232          Section 19. Section 20A-7-304.5 is amended to read:
1233          20A-7-304.5. Posting referendum information.
1234          (1) On the day on which the lieutenant governor complies with Subsection

1235     [20A-7-304(2)] 20A-7-304(3), or provides the sponsors with access to the website defined in
1236     Section 20A-21-101, the lieutenant governor shall post the following information together in a
1237     conspicuous place on the lieutenant governor's website:
1238          (a) the referendum petition;
1239          (b) the referendum; and
1240          (c) information describing how an individual may remove the individual's signature
1241     from the [signature packet] petition.
1242          (2) The lieutenant governor shall:
1243          (a) promptly update the information described in Subsection (1) if the information
1244     changes; and
1245          (b) maintain the information described in Subsection (1) on the lieutenant governor's
1246     website until the referendum fails to qualify for the ballot or is passed or defeated at an
1247     election.
1248          Section 20. Section 20A-7-305 is amended to read:
1249          20A-7-305. Manual referendum process -- Obtaining signatures -- Verification --
1250     Removal of signature.
1251          (1) This section applies only to the manual referendum process.
1252          [(1)] (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1253          [(2)] (3) (a) The sponsors shall ensure that the individual in whose presence each
1254     signature sheet was signed:
1255          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1256          (ii) verifies each signature sheet by completing the verification printed on the last page
1257     of each referendum packet; and
1258          (iii) is informed that each signer is required to read and understand the law that the
1259     referendum seeks to overturn.
1260          (b) An individual may not sign the verification printed on the last page of the
1261     referendum packet if the person signed a signature sheet in the referendum packet.
1262          [(3)] (4) (a) A voter who has signed a referendum petition may have the voter's
1263     signature removed from the petition by submitting to the county clerk a statement requesting
1264     that the voter's signature be removed before 5 p.m. no later than the earlier of:
1265          (i) 30 days after the day on which the voter signs the statement requesting removal; or

1266          (ii) 45 days after the day on which the lieutenant governor posts the voter's name under
1267     Subsection 20A-7-307(2)[(a)].
1268          (b) (i) The statement shall include:
1269          (A) the name of the voter;
1270          (B) the resident address at which the voter is registered to vote;
1271          (C) the signature of the voter; and
1272          (D) the date of the signature described in Subsection [(3)] (4)(b)(i)(C).
1273          (ii) To increase the likelihood of the voter's signature being identified and removed, the
1274     statement may include the voter's birth date or age.
1275          (c) A voter may not submit a statement by email or other electronic means.
1276          (d) In order for the signature to be removed, the county clerk must receive the
1277     statement before 5 p.m. no later than 45 days after the day on which the lieutenant governor
1278     posts the voter's name under Subsection 20A-7-307(2)[(a)].
1279          (e) A person may only remove a signature from a referendum petition in accordance
1280     with this Subsection [(3)] (4).
1281          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1282     a referendum petition, in accordance with Section [20A-7-206.3] 20A-7-306.3.
1283          Section 21. Section 20A-7-306 is amended to read:
1284          20A-7-306. Manual referendum process -- Submitting the referendum petition --
1285     Certification of signatures by the county clerks -- Transfer to lieutenant governor.
1286          (1) This section applies only to the manual referendum process.
1287          [(1)] (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and
1288     verified referendum packet to the county clerk of the county in which the packet was circulated
1289     before 5 p.m. no later than the earlier of:
1290          (i) 30 days after the day on which the first individual signs the referendum packet; or
1291          (ii) 40 days after the day on which the legislative session at which the law passed ends.
1292          (b) A person may not submit a referendum packet after the deadline described in
1293     Subsection [(1)] (2)(a).
1294          [(2)] (3) No later than 21 days after the day on which the county clerk receives a
1295     verified referendum packet, the county clerk shall:
1296          (a) determine whether each signer is a registered voter according to the requirements of

1297     Section 20A-7-306.3;
1298          (b) certify on the petition whether each name is that of a registered voter;
1299          (c) except as provided in Subsection [(3)] (4), post the name [and], voter identification
1300     number, and date of signature of each registered voter certified under Subsection [(2)] (3)(b) on
1301     the lieutenant governor's website, in a conspicuous location designated by the lieutenant
1302     governor; and
1303          (d) deliver the verified packet to the lieutenant governor.
1304          [(3)] (4) (a) If the county clerk timely receives a statement requesting signature
1305     removal under Subsection 20A-7-305[(3)](4), the county clerk shall:
1306          (i) ensure that the voter's name [and], voter identification number, and date of signature
1307     are not included in the posting described in Subsection [(2)] (3)(c); and
1308          (ii) remove the voter's signature from the signature packets and signature packet totals.
1309          (b) The county clerk shall comply with Subsection [(3)] (4)(a) before the later of:
1310          (i) the deadline described in Subsection [(2)] (3); or
1311          (ii) two business days after the day on which the county clerk receives a statement
1312     requesting signature removal under Subsection 20A-7-305[(3)](4).
1313          [(4)] (5) The county clerk may not certify a signature under Subsection [(2)] (3):
1314          (a) on an initiative packet that is not verified in accordance with Section 20A-7-305; or
1315          (b) that does not have a date of signature next to the signature.
1316          [(5)] (6) A person may not retrieve a referendum packet from a county clerk, or make
1317     any alterations or corrections to a referendum packet, after the referendum packet is submitted
1318     to the county clerk.
1319          Section 22. Section 20A-7-306.3 is amended to read:
1320          20A-7-306.3. Verification of petition signatures.
1321          (1) As used in this section:
1322          (a) "Substantially similar name" means:
1323          (i) the given name and surname shown on the petition, or both, contain only minor
1324     spelling differences when compared to the given name and surname shown on the official
1325     register;
1326          (ii) the surname shown on the petition exactly matches the surname shown on the
1327     official register, and the given names differ only because one of the given names shown is a

1328     commonly used abbreviation or variation of the other;
1329          (iii) the surname shown on the petition exactly matches the surname shown on the
1330     official register, and the given names differ only because one of the given names shown is
1331     accompanied by a first or middle initial or a middle name which is not shown on the other
1332     record; or
1333          (iv) the surname shown on the petition exactly matches the surname shown on the
1334     official register, and the given names differ only because one of the given names shown is an
1335     alphabetically corresponding initial that has been provided in the place of a given name shown
1336     on the other record.
1337          (b) "Substantially similar name" does not include a name having an initial or a middle
1338     name shown on the petition that does not match a different initial or middle name shown on the
1339     official register.
1340          (2) [The] In relation to an individual who signs a referendum petition with a
1341     holographic signature, the
county clerk shall use the following procedures in determining
1342     whether a signer is a registered voter:
1343          (a) When a signer's name and address shown on the petition exactly match a name and
1344     address shown on the official register and the signer's signature appears substantially similar to
1345     the signature on the statewide voter registration database, the county clerk shall declare the
1346     signature valid.
1347          (b) When there is no exact match of an address and a name, the county clerk shall
1348     declare the signature valid if:
1349          (i) the address on the petition matches the address of a person on the official register
1350     with a substantially similar name; and
1351          (ii) the signer's signature appears substantially similar to the signature on the statewide
1352     voter registration database of the person described in Subsection (2)(b)(i).
1353          (c) When there is no match of an address and a substantially similar name, the county
1354     clerk shall declare the signature valid if:
1355          (i) the birth date or age on the petition matches the birth date or age of a person on the
1356     official register with a substantially similar name; and
1357          (ii) the signer's signature appears substantially similar to the signature on the statewide
1358     voter registration database of the person described in Subsection (2)(c)(i).

1359          (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1360     clerk shall declare the signature to be invalid.
1361          (3) [The] In relation to an individual who, with a holographic signature, signs a
1362     statement to remove the individual's signature from a referendum petition, the
county clerk
1363     shall use the following procedures in determining whether to remove a signature from a
1364     petition after receiving a timely, valid statement requesting removal of the signature:
1365          (a) if a signer's name and address shown on the statement and the petition exactly
1366     match a name and address shown on the official register and the signer's signature on both the
1367     statement and the petition appears substantially similar to the signature on the statewide voter
1368     registration database, the county clerk shall remove the signature from the petition;
1369          (b) if there is no exact match of an address and a name, the county clerk shall remove
1370     the signature from the petition if:
1371          (i) the address on the statement and the petition matches the address of an individual
1372     on the official register with a substantially similar name; and
1373          (ii) the signer's signature on both the statement and the petition appears substantially
1374     similar to the signature on the statewide voter registration database of the individual described
1375     in Subsection (3)(b)(i);
1376          (c) if there is no match of an address and a substantially similar name, the county clerk
1377     shall remove the signature from the petition if:
1378          (i) the birth date or age on the statement and petition match the birth date or age of an
1379     individual on the official register with a substantially similar name; and
1380          (ii) the signer's signature on both the statement and the petition appears substantially
1381     similar to the signature on the statewide voter registration database of the individual described
1382     in Subsection (3)(c)(i); and
1383          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1384     county clerk may not remove the signature from the petition.
1385          Section 23. Section 20A-7-307 is amended to read:
1386          20A-7-307. Evaluation by the lieutenant governor.
1387          (1) [When] In relation to the manual referendum process, when the lieutenant governor
1388     receives a referendum packet from a county clerk, the lieutenant governor shall record the
1389     number of the referendum packet received.

1390          (2) [(a)] The county clerk shall:
1391          (a) in relation to the manual referendum process:
1392          (i) post the names [and], voter identification numbers, and dates of signatures
1393     described in Subsection 20A-7-306(3)(c) on the lieutenant governor's website, in a conspicuous
1394     location designated by the lieutenant governor, for at least 45 days; and
1395          (ii) update on the lieutenant governor's website the number of signatures certified as of
1396     the date of the update[.]; or
1397          (b) in relation to the electronic referendum process:
1398          (i) post the names, voter identification numbers, and dates of signatures described in
1399     Subsection 20A-7-315(4) on the lieutenant governor's website, in a conspicuous location
1400     designated by the lieutenant governor, for at least 45 days; and
1401          (ii) update on the lieutenant governor's website the number of signatures certified as of
1402     the date of the update.
1403          [(b)] (3) The lieutenant governor:
1404          [(i)] (a) shall, except as provided in Subsection [(2)(b)(ii)] (3)(b), declare the petition
1405     to be sufficient or insufficient 106 days after the end of the legislative session at which the law
1406     passed; or
1407          [(ii)] (b) may declare the petition to be insufficient before the day described in
1408     Subsection [(2)(b)(i)] (3)(a) if:
1409          [(A)] (i) in relation to the manual referendum process, the total of all valid signatures
1410     on timely and lawfully submitted signature packets that have been certified by the county
1411     clerks, plus the number of signatures on timely and lawfully submitted signature packets that
1412     have not yet been evaluated for certification, is less than the number of names required under
1413     Section 20A-7-301; [or]
1414          (ii) in relation to the electronic referendum process, the total of all timely and lawfully
1415     submitted valid signatures that have been certified by the county clerks, plus the number of
1416     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
1417     that have not yet been evaluated for certification, is less than the number of names required
1418     under Section 20A-7-301; or
1419          [(B)] (iii) a requirement of this part has not been met.
1420          [(c)] (4) (a) If the total number of names certified under [this] Subsection [(2)] (3)

1421     equals or exceeds the number of names required under Section 20A-7-301, and the
1422     requirements of this part are met, the lieutenant governor shall mark upon the front of the
1423     petition the word "sufficient."
1424          [(d)] (b) If the total number of names certified under [this] Subsection [(2)] (3) does
1425     not equal or exceed the number of names required under Section 20A-7-301 or a requirement
1426     of this part is not met, the lieutenant governor shall mark upon the front of the petition the
1427     word "insufficient."
1428          [(e)] (c) The lieutenant governor shall immediately notify any one of the sponsors of
1429     the lieutenant governor's finding.
1430          [(f)] (d) After a petition is declared insufficient, a person may not submit additional
1431     signatures to qualify the petition for the ballot.
1432          [(3)] (5) (a) If the lieutenant governor refuses to accept and file a referendum that a
1433     voter believes is legally sufficient, the voter may, no later than 10 days after the day on which
1434     the lieutenant governor declares the petition insufficient, apply to the appropriate court for an
1435     extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.
1436          (b) If the court determines that the referendum petition is legally sufficient, the
1437     lieutenant governor shall file the petition, with a verified copy of the judgment attached to the
1438     referendum petition, as of the date on which the petition was originally offered for filing in the
1439     lieutenant governor's office.
1440          (c) If the court determines that a petition filed is not legally sufficient, the court may
1441     enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1442     and numbers of that measure on the official ballot.
1443          [(4)] (6) A petition determined to be sufficient in accordance with this section is
1444     qualified for the ballot.
1445          Section 24. Section 20A-7-312 is amended to read:
1446          20A-7-312. Misconduct of electors and officers -- Penalty.
1447          (1) It is unlawful for any person to:
1448          (a) sign any name other than the person's own to a referendum petition;
1449          (b) knowingly sign the person's name more than once for the same measure at one
1450     election;
1451          (c) knowingly indicate [on a referendum packet] that a person who signed [the packet

1452     signed the packet] a referendum petition signed the petition on a date other than the date that
1453     the person signed the [packet] petition;
1454          (d) sign a referendum knowing the person is not a legal voter; or
1455          (e) knowingly and willfully violate any provision of this part.
1456          (2) It is unlawful for any person to sign the verification for a referendum packet, or to
1457     electronically sign the verification for a signature under Subsection 20A-21-201(9) knowing
1458     that:
1459          (a) the person does not meet the residency requirements of Section 20A-2-105;
1460          (b) the signature date [next to] associated with the person's [name on the referendum
1461     packet] signature for the referendum is not the date that the person signed the [packet] petition;
1462          (c) the person has not witnessed the signatures of those persons whose [names appear
1463     in the referendum packet] signatures the person collects or submits; or
1464          (d) one or more [persons whose signatures appear in the referendum packet is either:
1465     (i)] individuals who sign the referendum are not registered to vote in Utah[; or].
1466          [(ii) does not intend to become registered to vote in Utah.]
1467          (3) It is unlawful for any person to:
1468          (a) pay a person to sign a referendum petition;
1469          (b) pay a person to remove the person's signature from a referendum petition;
1470          (c) accept payment to sign a referendum petition; or
1471          (d) accept payment to have the person's name removed from a referendum petition.
1472          (4) Any person violating this section is guilty of a class A misdemeanor.
1473          Section 25. Section 20A-7-313 is enacted to read:
1474          20A-7-313. Electronic referendum process -- Form of referendum petition --
1475     Circulation requirements -- Signature collection.
1476          (1) This section applies only to the electronic referendum process.
1477          (2) (a) The first screen presented on the approved device shall include the following
1478     statement:
1479          "This REFERENDUM PETITION is addressed to the Honorable ____, Lieutenant
1480     Governor:
1481          The citizens of Utah who sign this petition respectfully order that Senate (or House)
1482     Bill No.____, entitled (title of act, and, if the petition is against less than the whole act, set

1483     forth here the part or parts on which the referendum is sought), passed by the Legislature of the
1484     state of Utah during the ____ Session, be referred to the people of Utah for their approval or
1485     rejection at a regular general election or a statewide special election."
1486          (b) An individual may not advance to the second screen until the individual clicks a
1487     link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1488     understand the information presented on this screen."
1489          (3) (a) The second screen presented on the approved device shall include the entire text
1490     of the law that is the subject of the referendum petition.
1491          (b) An individual may not advance to the third screen until the individual clicks a link
1492     at the bottom of the second screen stating, "By clicking here, I attest that I have read and
1493     understand the entire text of the law that is the subject of the referendum petition."
1494          (4) (a) The third screen presented on the approved device shall include a statement
1495     indicating whether persons gathering signatures for the petition may be paid for gathering
1496     signatures.
1497          (b) An individual may not advance to the fourth screen until the individual clicks a link
1498     at the bottom of the first screen stating, "By clicking here, I attest that I have read and
1499     understand the information presented on this screen."
1500          (5) The fourth screen presented on the approved device shall include the following
1501     statement, followed by links where the individual may click "yes" or "no":
1502          "I have personally reviewed the entirety of each statement presented on this device;
1503          I am personally signing this petition;
1504          I am registered to vote in Utah; and
1505          All information I enter on this device, including my residence and post office address, is
1506     accurate.
1507          It is a class A misdemeanor for an individual to sign a referendum petition with a name
1508     other than the individual's own name, or to knowingly sign the individual's name more than
1509     once for the same measure, or to sign a referendum petition when the individual knows that the
1510     individual is not a registered voter.
1511          WARNING
1512          Even if your voter registration record is classified as private, your name, voter
1513     identification number, and date of signature in relation to signing this petition will be made

1514     public.
1515          Do you wish to continue and sign this petition?"
1516          (6) (a) If the individual clicks "no" in response to the question described in Subsection
1517     (5), the next screen shall include the following statement, "Thank you for your time. Please
1518     return this device to the signature-gatherer."
1519          (b) If the individual clicks "yes" in response to the question described in Subsection
1520     (5), the website, or the application that accesses the website, shall take the signature-gatherer
1521     and the individual signing the petition through the signature process described in Section
1522     20A-21-201.
1523          Section 26. Section 20A-7-314 is enacted to read:
1524          20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to
1525     remove signature.
1526          (1) This section applies to the electronic referendum process.
1527          (2) A Utah voter may sign a referendum petition if the voter is a legal voter.
1528          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
1529     an individual:
1530          (a) verifies that the individual is at least 18 years old and meets the residency
1531     requirements of Section 20A-2-105; and
1532          (b) is informed that each signer is required to read and understand the law that is the
1533     subject of the referendum petition.
1534          (4) A voter who has signed a referendum petition may have the voter's signature
1535     removed from the petition by submitting to the county clerk a statement requesting that the
1536     voter's signature be removed before 5 p.m. no later than the earlier of:
1537          (a) 30 days after the day on which the voter signs the statement requesting removal; or
1538          (b) 45 days after the day on which the lieutenant governor posts the voter's name under
1539     Subsection 20A-7-315(4).
1540          (5) (a) The statement shall include:
1541          (i) the name of the voter;
1542          (ii) the resident address at which the voter is registered to vote;
1543          (iii) the signature of the voter; and
1544          (iv) the date of the signature described in Subsection (5)(a)(iii).

1545          (b) To increase the likelihood of the voter's signature being identified and removed, the
1546     statement may include the voter's birth date or age.
1547          (c) A voter may not submit a signature removal statement by email or other electronic
1548     means, unless the lieutenant governor establishes a signature removal process that is consistent
1549     with the requirements of this section and Section 20A-21-201.
1550          (d) A person may only remove an electronic signature from a referendum petition in
1551     accordance with this section.
1552          (e) A county clerk shall analyze a holographic signature, for purposes of removing an
1553     electronic signature from a referendum petition, in accordance with Section 20A-7-306.3.
1554          Section 27. Section 20A-7-315 is enacted to read:
1555          20A-7-315. Electronic referendum process -- Collecting signatures ---- Removal of
1556     signatures.
1557          (1) This section applies only to the electronic referendum process.
1558          (2) A signature-gatherer may not collect a signature after 5 p.m., 40 days after the day
1559     on which the legislative session at which the law passed ends.
1560          (3) The lieutenant governor shall send to each individual who provides a valid email
1561     address during the signature-gathering process an email that includes the following:
1562          (a) the subject of the email shall include the following statement, "Notice Regarding
1563     Your Petition Signature"; and
1564          (b) the body of the email shall include the following statement in 12-point type:
1565          "You signed a petition for the following referendum:
1566          [insert title of initiative]
1567          To access a copy of the referendum petition, the referendum, and information on the
1568     deadline for removing your signature from the petition, please visit the following link: [insert a
1569     uniform resource locator that takes the individual directly to the page on the lieutenant
1570     governor's website that includes the information referred to in the email]."
1571          (4) Except as provided in Subsection (5), the county clerk shall, within two business
1572     days after the day on which the signature of an individual who signs a petition is certified under
1573     Section 20A-21-201, post the name, voter identification number, and date of signature of the
1574     individual on the lieutenant governor's website, in a conspicuous location designated by the
1575     lieutenant governor.

1576          (5) (a) If the county clerk timely receives a statement requesting signature removal
1577     under Subsection 20A-7-314(4), the county clerk shall:
1578          (i) ensure that the voter's name, voter identification number, and date of signature are
1579     not included in the posting described in Subsection (4); and
1580          (ii) remove the voter's signature from the petition and the petition signature totals.
1581          (b) The county clerk shall comply with Subsection (5)(a) before the later of:
1582          (i) the deadline described in Subsection (4); or
1583          (ii) two business days after the day on which the county clerk receives a statement
1584     requesting signature removal under Subsection 20A-7-314(4).
1585          Section 28. Section 20A-7-502.6 is amended to read:
1586          20A-7-502.6. Posting initiative information.
1587          (1) Within one business day after the day on which the local clerk's office receives the
1588     initial fiscal impact estimate under Subsection 20A-7-502.5(4)(a), the local clerk shall post the
1589     following information together in a conspicuous place on the local clerk's website:
1590          (a) the initiative petition;
1591          (b) the initiative;
1592          (c) the fiscal impact estimate; and
1593          (d) information describing how an individual may remove the individual's signature
1594     from the signature [packet] petition.
1595          (2) The local clerk shall:
1596          (a) promptly update the information described in Subsection (1) if the information
1597     changes; and
1598          (b) maintain the information described in Subsection (1) on the local clerk's website
1599     until the initiative fails to qualify for the ballot or is passed or defeated at an election.
1600          Section 29. Section 20A-7-502.7 is amended to read:
1601          20A-7-502.7. Referability to voters.
1602          (1) Within 20 days after the day on which an eligible voter files an application to
1603     circulate an initiative petition under Section 20A-7-502, counsel for the county, city, town, or
1604     metro township to which the initiative pertains shall:
1605          (a) review the proposed law in the initiative application to determine whether the law is
1606     legally referable to voters; and

1607          (b) notify the first three sponsors, in writing, whether the proposed law is:
1608          (i) legally referable to voters; or
1609          (ii) rejected as not legally referable to voters.
1610          (2) A proposed law in an initiative application is legally referable to voters unless:
1611          (a) the proposed law is patently unconstitutional;
1612          (b) the proposed law is nonsensical;
1613          (c) the proposed law is administrative, rather than legislative, in nature;
1614          (d) the proposed law could not become law if passed;
1615          (e) the proposed law contains more than one subject as evaluated in accordance with
1616     Subsection 20A-7-502(3);
1617          (f) the subject of the proposed law is not clearly expressed in the law's title;
1618          (g) the proposed law is identical or substantially similar to a legally referable proposed
1619     law sought by an initiative application submitted to the local clerk, under Section 20A-7-502,
1620     within two years before the day on which the application for the current proposed initiative is
1621     filed; or
1622          (h) the application for the proposed law was not timely filed or does not comply with
1623     the requirements of this part.
1624          (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
1625     or metro township may not:
1626          (a) reject a proposed initiative as not legally referable to voters; or
1627          (b) bring a legal action, other than to appeal a court decision, challenging a proposed
1628     initiative on the grounds that the proposed initiative is not legally referable to voters.
1629          (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of
1630     the proposed initiative may, within 10 days after the day on which a sponsor is notified under
1631     Subsection (1)(b), appeal the decision to:
1632          (a) district court; or
1633          (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.
1634          (5) If, on appeal, the court determines that the law proposed in the initiative petition is
1635     legally referable to voters, the local clerk shall comply with Subsection [20A-7-504(2)]
1636     20A-7-504(3), or give the sponsors access to the website defined in Section 20A-21-101,
1637     within five days after the day on which the determination, and any appeal of the determination,

1638     is final.
1639          Section 30. Section 20A-7-503 is amended to read:
1640          20A-7-503. Manual initiative process -- Form of initiative petitions and signature
1641     sheets.
1642          (1) This section applies only to the manual initiative process.
1643          [(1)] (2) (a) Each proposed initiative petition shall be printed in substantially the
1644     following form:
1645          "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
1646     Clerk:
1647          We, the undersigned citizens of Utah, respectfully demand that the following proposed
1648     law be submitted to: the legislative body for its approval or rejection at its next meeting; and
1649     the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
1650     no action on it.
1651          Each signer says:
1652          I have personally signed this petition;
1653          The date next to my signature correctly reflects the date that I actually signed the
1654     petition;
1655          I have personally reviewed the entire statement included with this packet;
1656          I am registered to vote in Utah [or intend to become registered to vote in Utah before
1657     the certification of the petition names by the county clerk]; and
1658          My residence and post office address are written correctly after my name."
1659          (b) If the initiative petition proposes a tax increase, the following statement shall
1660     appear, in at least 14-point, bold type, immediately following the information described in
1661     Subsection [(1)] (2)(a):
1662          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
1663     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
1664     percent increase in the current tax rate."
1665          (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
1666     proposed law to each initiative petition.
1667          [(2)] (3) Each signature sheet shall:
1668          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;

1669          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1670     that line blank for the purpose of binding;
1671          (c) include the title of the initiative printed below the horizontal line, in at least
1672     14-point, bold type;
1673          (d) include a table immediately below the title of the initiative, and beginning .5 inch
1674     from the left side of the paper, as follows:
1675          (i) the first column shall be .5 inch wide and include three rows;
1676          (ii) the first row of the first column shall be .85 inch tall and contain the words "For
1677     Office Use Only" in 10-point type;
1678          (iii) the second row of the first column shall be .35 inch tall;
1679          (iv) the third row of the first column shall be .5 inch tall;
1680          (v) the second column shall be 2.75 inches wide;
1681          (vi) the first row of the second column shall be .35 inch tall and contain the words
1682     "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
1683          (vii) the second row of the second column shall be .5 inch tall;
1684          (viii) the third row of the second column shall be .35 inch tall and contain the words
1685     "Street Address, City, Zip Code" in 10-point type;
1686          (ix) the fourth row of the second column shall be .5 inch tall;
1687          (x) the third column shall be 2.75 inches wide;
1688          (xi) the first row of the third column shall be .35 inch tall and contain the words
1689     "Signature of Registered Voter" in 10-point type;
1690          (xii) the second row of the third column shall be .5 inch tall;
1691          (xiii) the third row of the third column shall be .35 inch tall and contain the words
1692     "Email Address (optional, to receive additional information)" in 10-point type;
1693          (xiv) the fourth row of the third column shall be .5 inch tall;
1694          (xv) the fourth column shall be one inch wide;
1695          (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
1696     "Date Signed" in 10-point type;
1697          (xvii) the second row of the fourth column shall be .5 inch tall;
1698          (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
1699     "Birth Date or Age (optional)" in 10-point type;

1700          (xix) the fourth row of the third column shall be .5 inch tall; and
1701          (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
1702     and contain the following words "By signing this petition, you are stating that you have read
1703     and understand the law proposed by this petition." in 12-point type;
1704          (e) the table described in Subsection [(2)] (3)(d) shall be repeated, leaving sufficient
1705     room at the bottom of the sheet for the information described in Subsection [(2)] (3)(f); and
1706          (f) at the bottom of the sheet, include in the following order:
1707          (i) the words "Fiscal impact of" followed by the title of the initiative, in at least
1708     12-point, bold type;
1709          (ii) the initial fiscal impact estimate's summary statement issued by the budget officer
1710     in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
1711     distributing information related to the initiative petition in accordance with Subsection
1712     20A-7-502.5(3), in not less than 12-point, bold type;
1713          (iii) if the initiative petition proposes a tax increase, the following statement in
1714     12-point, bold type:
1715          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
1716     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
1717     percent increase in the current tax rate."; and
1718          (iv) the word "Warning," in 12-point, bold type, followed by the following statement in
1719     not less than eight-point type:
1720          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
1721     other than the individual's own name, or to knowingly sign the individual's name more than
1722     once for the same measure, or to sign an initiative petition when the individual knows that the
1723     individual is not a registered voter [and knows that the individual does not intend to become
1724     registered to vote before the certification of the petition names by the county clerk].
1725          Birth date or age information is not required, but it may be used to verify your identity
1726     with voter registration records. If you choose not to provide it, your signature may not be
1727     verified as a valid signature if you change your address before petition signatures are verified
1728     or if the information you provide does not match your voter registration records."
1729          [(3)] (4) The final page of each initiative packet shall contain the following printed or
1730     typed statement:

1731          "Verification of signature collector
1732          State of Utah, County of ____
1733          I, _______________, of ____, hereby state, under penalty of perjury, that:
1734          I am a resident of Utah and am at least 18 years old;
1735          All the names that appear in this packet were signed by individuals who professed to be
1736     the individuals whose names appear in it, and each of the individuals signed the individual's
1737     name on it in my presence;
1738          I did not knowingly make a misrepresentation of fact concerning the law proposed by
1739     the initiative;
1740          I believe that each individual has printed and signed the individual's name and written
1741     the individual's post office address and residence correctly, that each signer has read and
1742     understands the law proposed by the initiative, and that each signer is registered to vote in Utah
1743     [or intends to become registered to vote before the certification of the petition names by the
1744     county clerk].
     
1745     ________________________________________________________________________
1746          (Name)
(Residence Address)                (Date)

1747          Each individual who signed the packet wrote the correct date of signature next to the
1748     individual's name.
1749          I have not paid or given anything of value to any individual who signed this petition to
1750     encourage that individual to sign it.
1751          _____________________________________________________________________
1752          (Name) (Residence Address) (Date)".
1753          [(4)] (5) If the forms described in this section are substantially followed, the initiative
1754     petitions are sufficient, notwithstanding clerical and merely technical errors.
1755          [(5)] (6) An individual's status as a resident, under Subsection [(3)] (4), is determined
1756     in accordance with Section 20A-2-105.
1757          Section 31. Section 20A-7-504 is amended to read:
1758          20A-7-504. Manual initiative process -- Circulation requirements -- Local clerk to
1759     provide sponsors with materials.
1760          (1) This section applies only to the manual initiative process.

1761          [(1)] (2) In order to obtain the necessary number of signatures required by this part, the
1762     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1763     in Subsections [(2)] (3) and 20A-7-401.5(4)(b), circulate initiative packets that meet the form
1764     requirements of this part.
1765          [(2)] (3) Within five days after the day on which a county, city, town, metro township,
1766     or court determines, in accordance with Section 20A-7-502.7, that a law proposed in an
1767     initiative petition is legally referable to voters, the local clerk shall furnish to the sponsors:
1768          (a) a copy of the initiative petition; and
1769          (b) a signature sheet.
1770          [(3)] (4) The sponsors of the petition shall:
1771          (a) arrange and pay for the printing of all additional copies of the petition and signature
1772     sheets; and
1773          (b) ensure that the copies of the petition and signature sheets meet the form
1774     requirements of this section.
1775          [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the initiative for
1776     circulation by creating multiple initiative packets.
1777          (b) The sponsors or an agent of the sponsors shall create initiative packets by binding a
1778     copy of the initiative petition and no more than 50 signature sheets together at the top in a
1779     manner that the packets may be conveniently opened for signing.
1780          (c) An initiative packet is not required to have a uniform number of signature sheets.
1781          (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
1782     the proposition information pamphlet provided to the sponsors under Subsection
1783     20A-7-401.5(4)(b).
1784          [(5)] (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
1785          (i) contact the county clerk to receive a range of numbers that the sponsors may use to
1786     number signature packets; and
1787          (ii) number each signature packet, sequentially, within the range of numbers provided
1788     by the county clerk, starting with the lowest number in the range.
1789          (b) The sponsors or an agent of the sponsors may not:
1790          (i) number a signature packet in a manner not directed by the county clerk; or
1791          (ii) circulate or submit a signature packet that is not numbered in the manner directed

1792     by the county clerk.
1793          (c) The county clerk shall keep a record of the number range provided under
1794     Subsection [(5)] (6)(a).
1795          Section 32. Section 20A-7-505 is amended to read:
1796          20A-7-505. Manual initiative process -- Obtaining signatures -- Verification --
1797     Removal of signature.
1798          (1) This section applies only to the manual initiative process.
1799          [(1)] (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
1800     resides in the local jurisdiction.
1801          [(2)] (3) (a) The sponsors shall ensure that the individual in whose presence each
1802     signature sheet was signed:
1803          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1804          (ii) verifies each signature sheet by completing the verification printed on the last page
1805     of each initiative packet; and
1806          (iii) is informed that each signer is required to read and understand the law proposed by
1807     the initiative.
1808          (b) An individual may not sign the verification printed on the last page of the initiative
1809     packet if the individual signed a signature sheet in the initiative packet.
1810          [(3)] (4) (a) A voter who has signed an initiative petition may have the voter's signature
1811     removed from the petition by submitting a statement requesting that the voter's signature be
1812     removed before 5 p.m. no later than the earlier of:
1813          (i) 30 days after the day on which the voter signs the signature removal statement;
1814          (ii) 90 days after the day on which the local clerk posts the voter's name under
1815     Subsection 20A-7-507(2)[(a)];
1816          (iii) 316 days after the day on which the application is filed; or
1817          (iv) (A) for a county initiative, April 15 immediately before the next regular general
1818     election immediately after the application is filed under Section 20A-7-502; or
1819          (B) for a municipal initiative, April 15 immediately before the next municipal general
1820     election immediately after the application is filed under Section 20A-7-502.
1821          (b) (i) The statement shall include:
1822          (A) the name of the voter;

1823          (B) the resident address at which the voter is registered to vote;
1824          (C) the signature of the voter; and
1825          (D) the date of the signature described in Subsection [(3)] (4)(b)(i)(C).
1826          (ii) To increase the likelihood of the voter's signature being identified and removed, the
1827     statement may include the voter's birth date or age.
1828          (c) A voter may not submit a statement by email or other electronic means.
1829          (d) In order for the signature to be removed, the county clerk must receive the
1830     statement before 5 p.m. no later than the applicable deadline described in Subsection [(3)]
1831     (4)(a).
1832          (e) A person may only remove a signature from an initiative petition in accordance
1833     with this Subsection [(3)] (4)(a).
1834          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1835     an initiative petition, in accordance with Section 20A-7-506.3.
1836          Section 33. Section 20A-7-506 is amended to read:
1837          20A-7-506. Manual initiative process -- Submitting the initiative petition --
1838     Certification of signatures by the county clerks -- Transfer to local clerk.
1839          (1) This section applies only to the manual initiative process.
1840          [(1)] (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and
1841     verified initiative packet to the county clerk of the county in which the packet was circulated
1842     before 5 p.m. no later than the earlier of:
1843          (i) 30 days after the day on which the first individual signs the initiative packet;
1844          (ii) 316 days after the day on which the application is filed; or
1845          (iii) (A) for a county initiative, April 15 immediately before the next regular general
1846     election immediately after the application is filed under Section 20A-7-502; or
1847          (B) for a municipal initiative, April 15 immediately before the next municipal general
1848     election immediately after the application is filed under Section 20A-7-502.
1849          (b) A person may not submit an initiative packet after the deadline established in
1850     Subsection [(1)] (2)(a).
1851          (c) Before delivering a packet to the county clerk under Subsection [(1)] (2), the
1852     sponsors shall send an email to each individual who provides a legible, valid email address on
1853     the form described in Subsection 20A-7-503[(2)](3)(d) that includes the following:

1854          (i) the subject of the email shall include the following statement, "Notice Regarding
1855     Your Petition Signature"; and
1856          (ii) the body of the email shall include the following statement in 12-point type:
1857          "You signed a petition for the following initiative:
1858          [insert title of initiative]
1859          To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
1860     information on the deadline for removing your signature from the petition, please visit the
1861     following link: [insert a uniform resource locator that takes the individual directly to the page
1862     on the county clerk's website that includes the information referred to in the email]."
1863          (d) When the sponsors submit the final signature packet to the county clerk, the
1864     sponsors shall submit to the county clerk the following written verification, completed and
1865     signed by each of the sponsors:
1866          "Verification of initiative sponsor
1867          State of Utah, County of __________
1868          I, ____________, of ____________, hereby state, under penalty of perjury, that:
1869          I am a sponsor of the initiative petition entitled __________________________;
1870          I sent, or caused to be sent, to each individual who provided a legible, valid email
1871     address on a signature packet submitted to the county clerk in relation to the initiative petition,
1872     the email described in Utah Code Subsection 20A-7-506[(1)(c)](2)(c).
1873     ____________________________________________________________________________
1874          (Name)
(Residence Address)                (Date)".

1875          (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
1876     comply with this Subsection [(1)] (2).
1877          [(2)] (3) The county clerk shall, within 21 days after the day on which the county clerk
1878     receives the packet:
1879          (a) determine whether each signer is a registered voter according to the requirements of
1880     Section 20A-7-506.3;
1881          (b) certify on the petition whether each name is that of a registered voter;
1882          (c) except as provided in Subsection [(3)] (4), post the name [and], voter identification
1883     number, and date of signature of each registered voter certified under Subsection [(2)] (3)(b) on
1884     the lieutenant governor's website, in a conspicuous location designated by the lieutenant

1885     governor; and
1886          (d) deliver the verified initiative packet to the local clerk.
1887          [(3)] (4) (a) If the county clerk timely receives a statement requesting signature
1888     removal under Subsection 20A-7-505[(3)](4), the county clerk shall:
1889          (i) ensure that the voter's name [and], voter identification number, and date of signature
1890     are not included in the posting described in Subsection [(2)] (3)(c); and
1891          (ii) remove the voter's signature from the signature packets and signature packet totals.
1892          (b) The county clerk shall comply with Subsection [(3)] (4)(a) before the later of:
1893          (i) the deadline described in Subsection [(2)] (3); or
1894          (ii) two business days after the day on which the county clerk receives a statement
1895     requesting signature removal under Subsection [20A-7-505(3)] 20A-7-505(4).
1896          (c) The local clerk shall post a link in a conspicuous location on the local government's
1897     website to the posting described in Subsection [(2)] (3)(c) during the period of time described
1898     in Subsection [20A-7-507(2)(a)(i)] 20A-7-507(3)(a).
1899          [(4)] (5) The county clerk may not certify a signature under Subsection [(2)] (3) on an
1900     initiative packet that is not verified in accordance with Section 20A-7-505.
1901          [(5)] (6) A person may not retrieve an initiative packet from a county clerk, or make
1902     any alterations or corrections to an initiative packet, after the initiative packet is submitted to
1903     the county clerk.
1904          Section 34. Section 20A-7-506.3 is amended to read:
1905          20A-7-506.3. Verification of petition signatures.
1906          (1) As used in this section:
1907          (a) "Substantially similar name" means:
1908          (i) the given name and surname shown on the petition, or both, contain only minor
1909     spelling differences when compared to the given name and surname shown on the official
1910     register;
1911          (ii) the surname shown on the petition exactly matches the surname shown on the
1912     official register, and the given names differ only because one of the given names shown is a
1913     commonly used abbreviation or variation of the other;
1914          (iii) the surname shown on the petition exactly matches the surname shown on the
1915     official register, and the given names differ only because one of the given names shown is

1916     accompanied by a first or middle initial or a middle name which is not shown on the other
1917     record; or
1918          (iv) the surname shown on the petition exactly matches the surname shown on the
1919     official register, and the given names differ only because one of the given names shown is an
1920     alphabetically corresponding initial that has been provided in the place of a given name shown
1921     on the other record.
1922          (b) "Substantially similar name" does not mean a name having an initial or a middle
1923     name shown on the petition that does not match a different initial or middle name shown on the
1924     official register.
1925          (2) [The] In relation to an individual who signs an initiative petition with a holographic
1926     signature, the
county clerk shall use the following procedures in determining whether a signer
1927     is a registered voter:
1928          (a) When a signer's name and address shown on the petition exactly match a name and
1929     address shown on the official register and the signer's signature appears substantially similar to
1930     the signature on the statewide voter registration database, the county clerk shall declare the
1931     signature valid.
1932          (b) When there is no exact match of an address and a name, the county clerk shall
1933     declare the signature valid if:
1934          (i) the address on the petition matches the address of an individual on the official
1935     register with a substantially similar name; and
1936          (ii) the signer's signature appears substantially similar to the signature on the statewide
1937     voter registration database of the individual described in Subsection (2)(b)(i).
1938          (c) When there is no match of an address and a substantially similar name, the county
1939     clerk shall declare the signature valid if:
1940          (i) the birth date or age on the petition matches the birth date or age of an individual on
1941     the official register with a substantially similar name; and
1942          (ii) the signer's signature appears substantially similar to the signature on the statewide
1943     voter registration database of the individual described in Subsection (2)(c)(i).
1944          (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
1945     county clerk shall declare the signature to be invalid.
1946          (3) [The] In relation to an individual who, with a holographic signature, signs a

1947     statement to remove the individual's signature from an initiative petition, the
county clerk shall
1948     use the following procedures in determining whether to remove a signature from a petition
1949     after receiving a timely, valid statement requesting removal of the signature:
1950          (a) if a signer's name and address shown on the statement and the petition exactly
1951     match a name and address shown on the official register and the signer's signature on both the
1952     statement and the petition appears substantially similar to the signature on the statewide voter
1953     registration database, the county clerk shall remove the signature from the petition;
1954          (b) if there is no exact match of an address and a name, the county clerk shall remove
1955     the signature from the petition if:
1956          (i) the address on the statement and the petition matches the address of an individual
1957     on the official register with a substantially similar name; and
1958          (ii) the signer's signature on both the statement and the petition appears substantially
1959     similar to the signature on the statewide voter registration database of the individual described
1960     in Subsection (3)(b)(i);
1961          (c) if there is no match of an address and a substantially similar name, the county clerk
1962     shall remove the signature from the petition if:
1963          (i) the birth date or age on the statement and petition match the birth date or age of an
1964     individual on the official register with a substantially similar name; and
1965          (ii) the signer's signature on both the statement and the petition appears substantially
1966     similar to the signature on the statewide voter registration database of the individual described
1967     in Subsection (3)(c)(i); and
1968          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1969     county clerk may not remove the signature from the petition.
1970          Section 35. Section 20A-7-507 is amended to read:
1971          20A-7-507. Evaluation by the local clerk.
1972          (1) [When] In relation to the manual initiative process, when a local clerk receives an
1973     initiative packet from a county clerk, the local clerk shall record the number of the initiative
1974     packet received.
1975          (2) [(a)] The county clerk shall:
1976          (a) in relation to the manual initiative process:
1977          (i) post the names [and], voter identification numbers, and dates of signatures

1978     described in Subsection [20A-7-506(2)(c)] 20A-7-506(3)(c) on the lieutenant governor's
1979     website, in a conspicuous location designated by the lieutenant governor, for at least 90 days;
1980     and
1981          (ii) update on the local government's website the number of signatures certified as of
1982     the date of the update[.]; or
1983          (b) in relation to the electronic initiative process:
1984          (i) post the names, voter identification numbers, and dates of signatures described in
1985     Subsection 20A-7-516(4) on the lieutenant governor's website, in a conspicuous location
1986     designated by the lieutenant governor, for at least 90 days; and
1987          (ii) update on the local government's website the number of signatures certified as of
1988     the date of the update.
1989          [(b)] (3) The local clerk:
1990          [(i)] (a) shall, except as provided in Subsection [(2)(b)(ii)] (3)(b), declare the petition
1991     to be sufficient or insufficient:
1992          (i) in relation to the manual initiative process, no later than 21 days after the day of the
1993     applicable deadline described in Subsection [20A-7-506(1)(a)] 20A-7-506(2)(a); or
1994          (ii) in relation to the electronic initiative process, no later than 21 days after the day of
1995     the applicable deadline described in Subsection 20A-7-516(2); or
1996          [(ii)] (b) may declare the petition to be insufficient before the day described in
1997     Subsection [(2)(b)(i)] (3)(a) if:
1998          [(A)] (i) in relation to the manual initiative process, the total of all valid signatures on
1999     timely and lawfully submitted signature packets that have been certified by the county clerks,
2000     plus the number of signatures on timely and lawfully submitted signature packets that have not
2001     yet been evaluated for certification, is less than the number of names required under Section
2002     20A-7-501; [or]
2003          (ii) in relation to the electronic initiative process, the total of all timely and lawfully
2004     submitted valid signatures that have been certified by the county clerks, plus the number of
2005     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
2006     that have not yet been evaluated for certification, is less than the number of names required
2007     under Section 20A-7-501; or
2008          [(B)] (iii) a requirement of this part has not been met.

2009          [(c)] (4) (a) If the total number of names certified [names from each verified signature
2010     sheet] under Subsection (3) equals or exceeds the number of names required by Section
2011     20A-7-501 and the requirements of this part are met, the local clerk shall mark upon the front
2012     of the petition the word "sufficient."
2013          [(d)] (b) If the total number of names certified [names from each verified signature
2014     sheet] under Subsection (3) does not equal or exceed the number of names required by Section
2015     20A-7-501 or a requirement of this part is not met, the local clerk shall mark upon the front of
2016     the petition the word "insufficient."
2017          [(e)] (c) The local clerk shall immediately notify any one of the sponsors of the local
2018     clerk's finding.
2019          [(f)] (d) After a petition is declared insufficient, a person may not submit additional
2020     signatures to qualify the petition for the ballot.
2021          [(3)] (5) If the local clerk finds the total number of certified signatures from each
2022     verified signature sheet to be insufficient, any sponsor may file a written demand with the local
2023     clerk for a recount of the signatures appearing on the initiative petition in the presence of any
2024     sponsor.
2025          [(4)] (6) A petition determined to be sufficient in accordance with this section is
2026     qualified for the ballot.
2027          Section 36. Section 20A-7-512 is amended to read:
2028          20A-7-512. Misconduct of electors and officers -- Penalty.
2029          (1) It is unlawful for any individual to:
2030          (a) sign any name other than the individual's own name to any initiative petition;
2031          (b) sign an initiative knowing the individual is not a legal voter; or
2032          (c) knowingly and willfully violate any provision of this part.
2033          (2) It is unlawful for any individual to sign the verification for an initiative packet, or
2034     to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
2035     that:
2036          (a) the individual does not meet the residency requirements of Section 20A-2-105;
2037          (b) the individual has not witnessed the signatures of the individuals whose [names
2038     appear in the initiative packet] signatures the individual collects or submits; or
2039          (c) one or more individuals [whose signatures appear in the initiative packet is either:

2040     (i)] who signed the initiative petition are not registered to vote in Utah[; or].
2041          [(ii) does not intend to become registered to vote in Utah.]
2042          (3) An individual who violates this part is guilty of a class A misdemeanor.
2043          Section 37. Section 20A-7-514 is enacted to read:
2044          20A-7-514. Electronic initiative process - Form of initiative petition -- Circulation
2045     requirements -- Signature collection.
2046          (1) This section applies only to the electronic initiative process.
2047          (2) (a) The first screen presented on the approved device shall include the following
2048     statement:
2049          "This INITIATIVE PETITION is addressed to the Honorable ____, County Clerk/City
2050     Recorder/Town Clerk:
2051          The citizens of Utah who sign this petition respectfully demand that the following
2052     proposed law be submitted to: the legislative body for its approval or rejection at its next
2053     meeting; and the legal voters of the county/city/town, if the legislative body rejects the
2054     proposed law or takes no action on it."
2055          (b) An individual may not advance to the second screen until the individual clicks a
2056     link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2057     understand the information presented on this screen."
2058          (3) (a) The second screen presented on the approved device shall include the title of
2059     proposed law, described in Subsection 20A-7-502(2)(d)(i), followed by the entire text of the
2060     proposed law.
2061          (b) An individual may not advance to the third screen until the individual clicks a link
2062     at the bottom of the second screen stating, "By clicking here, I attest that I have read and
2063     understand the entire text of the proposed law."
2064          (4) Subsequent screens shall be presented on the device in the following order, with the
2065     individual viewing the device being required, before advancing to the next screen, to click a
2066     link at the bottom of the screen with the following statement, "By clicking here, I attest that I
2067     have read and understand the information presented on this screen.":
2068          (a) (i) if the initiative petition proposes a tax increase, the following statement, "This
2069     initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
2070     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent

2071     increase in the current tax rate."; or
2072          (ii) if the initiative petition does not propose a tax increase, the following statement,
2073     "This initiative petition does not propose a tax increase.";
2074          (b) the initial fiscal impact estimate's summary statement issued by the budget officer
2075     in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
2076     distributing information related to the initiative petition in accordance with Subsection
2077     20A-7-502.5(3);
2078          (c) a statement indicating whether persons gathering signatures for the petition may be
2079     paid for gathering signatures; and
2080          (d) the following statement, followed by links where the individual may click "yes" or
2081     "no":
2082          "I have personally reviewed the entirety of each statement presented on this device;
2083          I am personally signing this petition;
2084          I am registered to vote in Utah; and
2085          All information I enter on this device, including my residence and post office address, is
2086     accurate.
2087          It is a class A misdemeanor for an individual to sign an initiative petition with a name
2088     other than the individual's own name, or to knowingly sign the individual's name more than
2089     once for the same measure, or to sign an initiative petition when the individual knows that the
2090     individual is not a registered voter.
2091          WARNING
2092          Even if your voter registration record is classified as private, your name, voter
2093     identification number, and date of signature in relation to signing this petition will be made
2094     public.
2095          Do you wish to continue and sign this petition?"
2096          (5) (a) If the individual clicks "no" in response to the question described in Subsection
2097     (4)(d), the next screen shall include the following statement, "Thank you for your time. Please
2098     return this device to the signature-gatherer."
2099          (b) If the individual clicks "yes" in response to the question described in Subsection
2100     (4)(d), the website, or the application that accesses the website, shall take the signature-gatherer
2101     and the individual signing the petition through the signature process described in Section

2102     20A-21-201.
2103          Section 38. Section 20A-7-515 is enacted to read:
2104          20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to
2105     remove signature.
2106          (1) This section applies to the electronic initiative process.
2107          (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and
2108     resides in the local jurisdiction.
2109          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
2110     an individual:
2111          (a) verifies that the individual is at least 18 years old and meets the residency
2112     requirements of Section 20A-2-105; and
2113          (b) is informed that each signer is required to read and understand the law proposed by
2114     the initiative.
2115          (4) (a) A voter who has signed an initiative petition may have the voter's signature
2116     removed from the petition by submitting to the county clerk a statement requesting that the
2117     voter's signature be removed before 5 p.m. no later than the earlier of:
2118          (i) 30 days after the day on which the voter signs the signature removal statement;
2119          (ii) 90 days after the day on which the local clerk posts the voter's name under
2120     Subsection 20A-7-516(4);
2121          (iii) 316 days after the day on which the application is filed; or
2122          (iv) (A) for a county initiative, April 15 immediately before the next regular general
2123     election immediately after the application is filed under Section 20A-7-502; or
2124          (B) for a municipal initiative, April 15 immediately before the next municipal general
2125     election immediately after the application is filed under Section 20A-7-502.
2126          (b) The statement shall include:
2127          (i) the name of the voter;
2128          (ii) the resident address at which the voter is registered to vote;
2129          (iii) the signature of the voter; and
2130          (iv) the date of the signature described in Subsection (4)(b)(iii).
2131          (c) To increase the likelihood of the voter's signature being identified and removed, the
2132     statement may include the voter's birth date or age.

2133          (d) A voter may not submit a signature removal statement by email or other electronic
2134     means, unless the lieutenant governor establishes a signature removal process that is consistent
2135     with the requirements of this section and Section 20A-21-201.
2136          (e) A person may only remove an electronic signature from an initiative petition in
2137     accordance with this section.
2138          (f) A county clerk shall analyze a holographic signature, for purposes of removing an
2139     electronic signature from an initiative petition, in accordance with Section 20A-7-506.3.
2140          Section 39. Section 20A-7-516 is enacted to read:
2141          20A-7-516. Electronic initiative process -- Collecting signatures -- Email
2142     notification -- Removal of signatures.
2143          (1) This section applies only to the electronic initiative process.
2144          (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:
2145          (a) 316 days after the day on which the application is filed; or
2146          (b) (i) for a county initiative, April 15 immediately before the next regular general
2147     election immediately after the application is filed under Section 20A-7-502; or
2148          (ii) for a municipal initiative, April 15 immediately before the next municipal general
2149     election immediately after the application is filed under Section 20A-7-502.
2150          (3) The local clerk shall send to each individual who provides a valid email address
2151     during the signature-gathering process an email that includes the following:
2152          (a) the subject of the email shall include the following statement, "Notice Regarding
2153     Your Petition Signature"; and
2154          (b) the body of the email shall include the following statement in 12-point type:
2155          "You signed a petition for the following initiative:
2156          [insert title of initiative]
2157          To access a copy of the initiative petition, the initiative, the fiscal impact statement, and
2158     information on the deadline for removing your signature from the petition, please visit the
2159     following link: [insert a uniform resource locator that takes the individual directly to the page
2160     on the lieutenant governor's website that includes the information referred to in the email]."
2161          (4) Except as provided in Subsection (5), the county clerk shall, within two business
2162     days after the day on which the signature of an individual who signs a petition is certified under
2163     Section 20A-21-201, post the name, voter identification number, and date of signature of the

2164     individual on the lieutenant governor's website, in a conspicuous location designated by the
2165     lieutenant governor.
2166          (5) (a) If the local clerk timely receives a statement requesting signature removal under
2167     Subsection 20A-7-515(4), the local clerk shall:
2168          (i) ensure that the voter's name, voter identification number, and date of signature are
2169     not included in the posting described in Subsection (4); and
2170          (ii) remove the voter's signature from the petition and the petition signature totals.
2171          (b) The local clerk shall comply with Subsection (5)(a) before the later of:
2172          (i) the deadline described in Subsection (4); or
2173          (ii) two business days after the day on which the county clerk receives a statement
2174     requesting signature removal under Subsection 20A-7-515(4).
2175          Section 40. Section 20A-7-602.7 is amended to read:
2176          20A-7-602.7. Referability to voters of local law other than land use law.
2177          (1) Within 20 days after the day on which an eligible voter files an application to
2178     circulate a referendum petition under Section 20A-7-602 for a local law other than a land use
2179     law, counsel for the county, city, town, or metro township to which the referendum pertains
2180     shall:
2181          (a) review the application to determine whether the proposed referendum is legally
2182     referable to voters; and
2183          (b) notify the first three sponsors, in writing, whether the proposed referendum is:
2184          (i) legally referable to voters; or
2185          (ii) rejected as not legally referable to voters.
2186          (2) For a local law other than a land use law, a proposed referendum is legally referable
2187     to voters unless:
2188          (a) the proposed referendum challenges an action that is administrative, rather than
2189     legislative, in nature;
2190          (b) the proposed referendum challenges more than one law passed by the local
2191     legislative body; or
2192          (c) the application for the proposed referendum was not timely filed or does not
2193     comply with the requirements of this part.
2194          (3) After the end of the 20-day period described in Subsection (1), a county, city, town,

2195     or metro township may not, for a local law other than a land use law:
2196          (a) reject a proposed referendum as not legally referable to voters; or
2197          (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2198     proposed referendum on the grounds that the proposed referendum is not legally referable to
2199     voters.
2200          (4) (a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a
2201     proposed referendum concerning a local law other than a land use law, a sponsor of the
2202     proposed referendum may, within 10 days after the day on which a sponsor is notified under
2203     Subsection (1)(b), challenge or appeal the decision to:
2204          (i) the Supreme Court, by means of an extraordinary writ, if possible; or
2205          (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2206     under Subsection (4)(a)(i).
2207          (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
2208     (4)(a) terminates the referendum.
2209          (5) If, on a challenge or appeal, the court determines that the proposed referendum
2210     described in Subsection (4) is legally referable to voters, the local clerk shall comply with
2211     Subsection [20A-7-604(2)] 20A-7-604(3), or give the sponsors access to the website defined in
2212     Section 20A-21-101, within five days after the day on which the determination, and any
2213     challenge or appeal of the determination, is final.
2214          Section 41. Section 20A-7-602.8 is amended to read:
2215          20A-7-602.8. Referability to voters of local land use law.
2216          (1) Within 20 days after the day on which an eligible voter files an application to
2217     circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
2218     county, city, town, or metro township to which the referendum pertains shall:
2219          (a) review the application to determine whether the proposed referendum is legally
2220     referable to voters; and
2221          (b) notify the first three sponsors, in writing, whether the proposed referendum is:
2222          (i) legally referable to voters; or
2223          (ii) rejected as not legally referable to voters.
2224          (2) For a land use law, a proposed referendum is legally referable to voters unless:
2225          (a) the proposed referendum challenges an action that is administrative, rather than

2226     legislative, in nature;
2227          (b) the proposed referendum challenges a land use decision, rather than a land use
2228     regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
2229          (c) the proposed referendum challenges more than one law passed by the local
2230     legislative body; or
2231          (d) the application for the proposed referendum was not timely filed or does not
2232     comply with the requirements of this part.
2233          (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
2234     or metro township may not, for a land use law:
2235          (a) reject a proposed referendum as not legally referable to voters; or
2236          (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2237     proposed referendum on the grounds that the proposed referendum is not legally referable to
2238     voters.
2239          (4) (a) If a county, city, town, or metro township rejects a proposed referendum
2240     concerning a land use law, a sponsor of the proposed referendum may, within seven days after
2241     the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
2242     to:
2243          (i) the Supreme Court, by means of an extraordinary writ, if possible; or
2244          (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2245     under Subsection (4)(a)(i).
2246          (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
2247     (4)(a) terminates the referendum.
2248          (5) If, on challenge or appeal, the court determines that the proposed referendum is
2249     legally referable to voters, the local clerk shall comply with Subsection [20A-7-604(2)]
2250     20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101,
2251     within five days after the day on which the determination, and any challenge or appeal of the
2252     determination, is final.
2253          Section 42. Section 20A-7-603 is amended to read:
2254          20A-7-603. Manual referendum process -- Form of referendum petition and
2255     signature sheets.
2256          (1) This section applies only to the manual referendum process.

2257          [(1)] (2) (a) Each proposed referendum petition shall be printed in substantially the
2258     following form:
2259          "REFERENDUM PETITION To the Honorable ____, County Clerk/City
2260     Recorder/Town Clerk:
2261          We, the undersigned citizens of Utah, respectfully order that (description of local law or
2262     portion of local law being challenged), passed by the ____ be referred to the voters for their
2263     approval or rejection at the regular/municipal general election to be held on
2264     __________(month\day\year);
2265          Each signer says:
2266          I have personally signed this petition;
2267          The date next to my signature correctly reflects the date that I actually signed the
2268     petition;
2269          I have personally reviewed the entire statement included with this packet;
2270          I am registered to vote in Utah [or intend to become registered to vote in Utah before
2271     the certification of the petition names by the county clerk]; and
2272          My residence and post office address are written correctly after my name."
2273          (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
2274     law that is the subject of the referendum to each referendum petition.
2275          [(2)] (3) Each signature sheet shall:
2276          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2277          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2278     that line blank for the purpose of binding;
2279          (c) include the title of the referendum printed below the horizontal line, in at least
2280     14-point type;
2281          (d) include a table immediately below the title of the referendum, and beginning .5 inch
2282     from the left side of the paper, as follows:
2283          (i) the first column shall be .5 inch wide and include three rows;
2284          (ii) the first row of the first column shall be .85 inch tall and contain the words "For
2285     Office Use Only" in 10-point type;
2286          (iii) the second row of the first column shall be .35 inch tall;
2287          (iv) the third row of the first column shall be .5 inch tall;

2288          (v) the second column shall be 2.75 inches wide;
2289          (vi) the first row of the second column shall be .35 inch tall and contain the words
2290     "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;
2291          (vii) the second row of the second column shall be .5 inch tall;
2292          (viii) the third row of the second column shall be .35 inch tall and contain the words
2293     "Street Address, City, Zip Code" in 10-point type;
2294          (ix) the fourth row of the second column shall be .5 inch tall;
2295          (x) the third column shall be 2.75 inches wide;
2296          (xi) the first row of the third column shall be .35 inch tall and contain the words
2297     "Signature of Registered Voter" in 10-point type;
2298          (xii) the second row of the third column shall be .5 inch tall;
2299          (xiii) the third row of the third column shall be .35 inch tall and contain the words
2300     "Email Address (optional, to receive additional information)" in 10-point type;
2301          (xiv) the fourth row of the third column shall be .5 inch tall;
2302          (xv) the fourth column shall be one inch wide;
2303          (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
2304     "Date Signed" in 10-point type;
2305          (xvii) the second row of the fourth column shall be .5 inch tall;
2306          (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
2307     "Birth Date or Age (optional)" in 10-point type;
2308          (xix) the fourth row of the third column shall be .5 inch tall; and
2309          (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
2310     and contain the following words, "By signing this petition, you are stating that you have read
2311     and understand the law that this petition seeks to overturn." in 12-point type;
2312          (e) the table described in Subsection [(2)] (3)(d) shall be repeated, leaving sufficient
2313     room at the bottom of the sheet or the information described in Subsection [(2)] (3)(f); and
2314          (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,
2315     followed by the following statement in not less than eight-point type:
2316          "It is a class A misdemeanor for an individual to sign a referendum petition with a name
2317     other than the individual's own name, or to knowingly sign the individual's name more than
2318     once for the same measure, or to sign a referendum petition when the individual knows that the

2319     individual is not a registered voter [and knows that the individual does not intend to become
2320     registered to vote before the certification of the petition names by the county clerk].
2321          Birth date or age information is not required, but it may be used to verify your identity
2322     with voter registration records. If you choose not to provide it, your signature may not be
2323     verified as a valid signature if you change your address before petition signatures are verified
2324     or if the information you provide does not match your voter registration records."
2325          [(3)] (4) The final page of each referendum packet shall contain the following printed
2326     or typed statement:
2327          "Verification of signature collector
2328          State of Utah, County of ____
2329          I, _______________, of ____, hereby state, under penalty of perjury, that:
2330          I am a resident of Utah and am at least 18 years old;
2331          All the names that appear in this packet were signed by individuals who professed to be
2332     the individuals whose names appear in it, and each of the individuals signed the individual's
2333     name on it in my presence;
2334          I did not knowingly make a misrepresentation of fact concerning the law this petition
2335     seeks to overturn;
2336          I believe that each individual has printed and signed the individual's name and written
2337     the individual's post office address and residence correctly, that each signer has read and
2338     understands the law that the referendum seeks to overturn, and that each signer is registered to
2339     vote in Utah [or intends to become registered to vote before the certification of the petition
2340     names by the county clerk].
2341     ________________________________________________________________________
2342          (Name)
(Residence Address)                (Date)

2343          Each individual who signed the packet wrote the correct date of signature next to the
2344     individual's name.
2345          I have not paid or given anything of value to any individual who signed this petition to
2346     encourage that individual to sign it.
2347          _____________________________________________________________________
2348          (Name) (Residence Address) (Date)".
2349          [(4)] (5) If the forms described in this section are substantially followed, the

2350     referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
2351          [(5)] (6) An individual's status as a resident, under Subsection [(3)] (4), is determined
2352     in accordance with Section 20A-2-105.
2353          Section 43. Section 20A-7-604 is amended to read:
2354          20A-7-604. Manual referendum process -- Circulation requirements -- Local
2355     clerk to provide sponsors with materials.
2356          (1) This section applies only to the manual referendum process.
2357          [(1)] (2) In order to obtain the necessary number of signatures required by this part, the
2358     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
2359     in Subsections [(2)] (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the
2360     form requirements of this part.
2361          [(2)] (3) Within five days after the day on which a county, city, town, metro township,
2362     or court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
2363     legally referable to voters, the local clerk shall furnish to the sponsors:
2364          (a) a copy of the referendum petition; and
2365          (b) a signature sheet.
2366          [(3)] (4) The sponsors of the petition shall:
2367          (a) arrange and pay for the printing of all additional copies of the petition and signature
2368     sheets; and
2369          (b) ensure that the copies of the petition and signature sheets meet the form
2370     requirements of this section.
2371          [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the referendum for
2372     circulation by creating multiple referendum packets.
2373          (b) The sponsors or an agent of the sponsors shall create referendum packets by
2374     binding a copy of the referendum petition and no more than 50 signature sheets together at the
2375     top in a manner that the packets may be conveniently opened for signing.
2376          (c) A referendum packet is not required to have a uniform number of signature sheets.
2377          (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
2378     the proposition information pamphlet provided to the sponsors under Subsection
2379     20A-7-401.5(4)(b).
2380          [(5)] (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:

2381          (i) contact the county clerk to receive a range of numbers that the sponsors may use to
2382     number signature packets; and
2383          (ii) number each signature packet, sequentially, within the range of numbers provided
2384     by the county clerk, starting with the lowest number in the range.
2385          (b) The sponsors or an agent of the sponsors may not:
2386          (i) number a signature packet in a manner not directed by the county clerk; or
2387          (ii) circulate or submit a signature packet that is not numbered in the manner directed
2388     by the county clerk.
2389          (c) The county clerk shall keep a record of the number range provided under
2390     Subsection [(5)] (6)(a).
2391          Section 44. Section 20A-7-604.5 is amended to read:
2392          20A-7-604.5. Posting referendum information.
2393          (1) On the day on which the local clerk complies with Subsection [20A-7-604(2)]
2394     20A-7-604(3), or gives the sponsors access to the website defined in Section 20A-21-101, the
2395     local clerk shall post the following information together in a conspicuous place on the local
2396     clerk's website:
2397          (a) the referendum petition;
2398          (b) the referendum; and
2399          (c) information describing how an individual may remove the individual's signature
2400     from the [signature packet] petition.
2401          (2) The local clerk shall:
2402          (a) promptly update the information described in Subsection (1) if the information
2403     changes; and
2404          (b) maintain the information described in Subsection (1) on the local clerk's website
2405     until the referendum fails to qualify for the ballot or is passed or defeated at an election.
2406          Section 45. Section 20A-7-605 is amended to read:
2407          20A-7-605. Manual referendum process -- Obtaining signatures -- Verification --
2408     Removal of signature.
2409          (1) This section applies only to the manual referendum process.
2410          [(1)] (2) A Utah voter may sign a local referendum petition if the voter is a legal voter
2411     and resides in the local jurisdiction.

2412          [(2)] (3) (a) The sponsors shall ensure that the individual in whose presence each
2413     signature sheet was signed:
2414          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
2415          (ii) verifies each signature sheet by completing the verification printed on the last page
2416     of each referendum packet; and
2417          (iii) is informed that each signer is required to read and understand the law that the
2418     referendum seeks to overturn.
2419          (b) An individual may not sign the verification printed on the last page of the
2420     referendum packet if the individual signed a signature sheet in the referendum packet.
2421          [(3)] (4) (a) A voter who has signed a referendum petition may have the voter's
2422     signature removed from the petition by submitting to the county clerk a statement requesting
2423     that the voter's signature be removed no later than the earlier of:
2424          (i) 30 days after the day on which the voter signs the statement requesting removal; or
2425          (ii) 45 days after the day on which the local clerk posts the voter's name under
2426     Subsection 20A-7-607(2)(a).
2427          (b) (i) The statement shall include:
2428          (A) the name of the voter;
2429          (B) the resident address at which the voter is registered to vote;
2430          (C) the signature of the voter; and
2431          (D) the date of the signature described in Subsection [(3)] (4)(b)(i)(C).
2432          (ii) To increase the likelihood of the voter's signature being identified and removed, the
2433     statement may include the voter's birth date or age.
2434          (c) A voter may not submit a statement by email or other electronic means.
2435          (d) In order for the signature to be removed, the county clerk must receive the
2436     statement before 5 p.m. no later than 45 days after the day on which the local clerk posts the
2437     voter's name under Subsection 20A-7-607(2)(a).
2438          (e) A person may only remove a signature from a referendum petition in accordance
2439     with this Subsection [(3)] (4).
2440          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
2441     a referendum petition, in accordance with Section 20A-7-606.3.
2442          Section 46. Section 20A-7-606 is amended to read:

2443          20A-7-606. Manual referendum process -- Submitting the referendum petition --
2444     Certification of signatures by the county clerks -- Transfer to local clerk.
2445          (1) This section applies only to the manual referendum process.
2446          [(1)] (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and
2447     verified referendum packet to the county clerk of the county in which the packet was circulated
2448     before 5 p.m. no later than the earlier of:
2449          (i) 30 days after the day on which the first individual signs the referendum packet; or
2450          (ii) 45 days after the day on which the sponsors receive the items described in
2451     Subsection [20A-7-604(2)] 20A-7-604(3) or from the local clerk.
2452          (b) A person may not submit a referendum packet after the deadline described in
2453     Subsection [(1)] (2)(a).
2454          [(2)] (3) No later than 21 days after the day on which a county clerk receives a verified
2455     referendum packet under Subsection [(1)] (2)(a), the county clerk shall:
2456          (a) determine whether each signer is a registered voter according to the requirements of
2457     Section 20A-7-606.3;
2458          (b) certify on the petition whether each name is that of a registered voter;
2459          (c) provide the name [and], voter identification number, and date of signature of each
2460     registered voter certified under Subsection [(2)] (3)(b); and
2461          (d) deliver the verified packet to the local clerk.
2462          [(3)] (4) (a) If the county clerk timely receives a statement requesting signature
2463     removal under Subsection [20A-7-605(3)] 20A-7-605(4), the county clerk shall:
2464          (i) ensure that the voter's name [and], voter identification number, and date of signature
2465     are not included in the posting described in Subsection 20A-7-607(2)(a); and
2466          (ii) remove the voter's signature from the signature packets and signature packet totals.
2467          (b) The county clerk shall comply with Subsection [(3)] (4)(a) before the later of:
2468          (i) the deadline described in Subsection [(2)] (3); or
2469          (ii) two business days after the day on which the county clerk receives a statement
2470     requesting signature removal under Subsection [20A-7-605(3)] 20A-7-605(4).
2471          (c) The local clerk shall post a link in a conspicuous location on the local government's
2472     website to the posting described in Subsection 20A-7-607(2)(a) during the period of time
2473     described in Subsection 20A-7-607(2)(a)(i).

2474          [(4)] (5) The county clerk may not certify a signature under Subsection [(2)] (3):
2475          (a) on a referendum packet that is not verified in accordance with Section 20A-7-605;
2476     or
2477          (b) that does not have a date of signature next to the signature.
2478          [(5)] (6) A person may not retrieve a referendum packet from a county clerk, or make
2479     any alterations or corrections to a referendum packet, after the referendum packet is submitted
2480     to the county clerk.
2481          Section 47. Section 20A-7-606.3 is amended to read:
2482          20A-7-606.3. Verification of petition signatures.
2483          (1) As used in this section:
2484          (a) "Substantially similar name" means:
2485          (i) the given name and surname shown on the petition, or both, contain only minor
2486     spelling differences when compared to the given name and surname shown on the official
2487     register;
2488          (ii) the surname shown on the petition exactly matches the surname shown on the
2489     official register, and the given names differ only because one of the given names shown is a
2490     commonly used abbreviation or variation of the other;
2491          (iii) the surname shown on the petition exactly matches the surname shown on the
2492     official register, and the given names differ only because one of the given names shown is
2493     accompanied by a first or middle initial or a middle name which is not shown on the other
2494     record; or
2495          (iv) the surname shown on the petition exactly matches the surname shown on the
2496     official register, and the given names differ only because one of the given names shown is an
2497     alphabetically corresponding initial that has been provided in the place of a given name shown
2498     on the other record.
2499          (b) "Substantially similar name" does not mean a name having an initial or a middle
2500     name shown on the petition that does not match a different initial or middle name shown on the
2501     official register.
2502          (2) [The] In relation to an individual who signs a referendum petition with a
2503     holographic signature, the county clerk shall use the following procedures in determining
2504     whether a signer is a registered voter:

2505          (a) When a signer's name and address shown on the petition exactly match a name and
2506     address shown on the official register and the signer's signature appears substantially similar to
2507     the signature on the statewide voter registration database, the county clerk shall declare the
2508     signature valid.
2509          (b) When there is no exact match of an address and a name, the county clerk shall
2510     declare the signature valid if:
2511          (i) the address on the petition matches the address of an individual on the official
2512     register with a substantially similar name; and
2513          (ii) the signer's signature appears substantially similar to the signature on the statewide
2514     voter registration database of the individual described in Subsection (2)(b)(i).
2515          (c) When there is no match of an address and a substantially similar name, the county
2516     clerk shall declare the signature valid if:
2517          (i) the birth date or age on the petition matches the birth date or age of an individual on
2518     the official register with a substantially similar name; and
2519          (ii) the signer's signature appears substantially similar to the signature on the statewide
2520     voter registration database of the individual described in Subsection (2)(c)(i).
2521          (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
2522     clerk shall declare the signature to be invalid.
2523          (3) [The] In relation to an individual who, with a holographic signature, signs a
2524     statement to remove the individual's signature from a referendum petition, the
county clerk
2525     shall use the following procedures in determining whether to remove a signature from a
2526     petition after receiving a timely, valid statement requesting removal of the signature:
2527          (a) if a signer's name and address shown on the statement and the petition exactly
2528     match a name and address shown on the official register and the signer's signature on both the
2529     statement and the petition appears substantially similar to the signature on the statewide voter
2530     registration database, the county clerk shall remove the signature from the petition;
2531          (b) if there is no exact match of an address and a name, the county clerk shall remove
2532     the signature from the petition if:
2533          (i) the address on the statement and the petition matches the address of an individual
2534     on the official register with a substantially similar name; and
2535          (ii) the signer's signature on both the statement and the petition appears substantially

2536     similar to the signature on the statewide voter registration database of the individual described
2537     in Subsection (3)(b)(i);
2538          (c) if there is no match of an address and a substantially similar name, the county clerk
2539     shall remove the signature from the petition if:
2540          (i) the birth date or age on the statement and petition match the birth date or age of an
2541     individual on the official register with a substantially similar name; and
2542          (ii) the signer's signature on both the statement and the petition appears substantially
2543     similar to the signature on the statewide voter registration database of the individual described
2544     in Subsection (3)(c)(i); and
2545          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
2546     county clerk may not remove the signature from the petition.
2547          Section 48. Section 20A-7-607 is amended to read:
2548          20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
2549     referendum.
2550          (1) [When] In relation to the manual referendum process, when the local clerk receives
2551     a referendum packet from a county clerk, the local clerk shall record the number of the
2552     referendum packet received.
2553          (2) [(a)] The county clerk shall:
2554          (a) in relation to the manual referendum process:
2555          (i) post the names [and], voter identification numbers, and dates of signatures
2556     described in Subsection 20A-7-606(3)(c) on the lieutenant governor's website, in a conspicuous
2557     location designated by the lieutenant governor, for at least 45 days; and
2558          (ii) update on the local clerk's website the number of signatures certified as of the date
2559     of the update[.]; or
2560          (b) in relation to the electronic referendum process:
2561          (i) post the names, voter identification numbers, and dates of signatures described in
2562     Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous location
2563     designated by the lieutenant governor, for at least 45 days; and
2564          (ii) update on the lieutenant governor's website the number of signatures certified as of
2565     the date of the update.
2566          [(b)] (3) The local clerk:

2567          [(i)] (a) shall, except as provided in Subsection [(2)(b)(ii)] (3)(b), declare the petition
2568     to be sufficient or insufficient:
2569          (i) in relation to the manual referendum process, no later than 111 days after the day of
2570     the deadline, described in Subsection 20A-7-606[(1)](2), to submit a referendum packet to the
2571     county clerk; or
2572          (ii) in relation to the electronic referendum process, no later than 111 days after the day
2573     of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or
2574          [(ii)] (b) may declare the petition to be insufficient before the day described in
2575     Subsection [(2)(b)(i)] (3)(a) if:
2576          [(A)] (i) in relation to the manual referendum process, the total of all valid signatures
2577     on timely and lawfully submitted signature packets that have been certified by the county clerk,
2578     plus the number of signatures on timely and lawfully submitted signature packets that have not
2579     yet been evaluated for certification, is less than the number of names required under Section
2580     20A-7-601; [or]
2581          (ii) in relation to the electronic referendum process, the total of all timely and lawfully
2582     submitted valid signatures that have been certified by the county clerks, plus the number of
2583     timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)
2584     that have not yet been evaluated for certification, is less than the number of names required
2585     under Section 20A-7-601; or
2586          [(B)] (iii) a requirement of this part has not been met.
2587          [(c)] (4) (a) If the total number of names certified under [this] Subsection (2) equals or
2588     exceeds the number of names required under Section 20A-7-601, and the requirements of this
2589     part are met, the local clerk shall mark upon the front of the petition the word "sufficient";
2590          [(d)] (b) If the total number of names certified under this Subsection [(2)] (3) does not
2591     equal or exceed the number of names required under Section 20A-7-601 or a requirement of
2592     this part is not met, the local clerk shall mark upon the front of the petition the word
2593     "insufficient."
2594          [(e)] (c) The local clerk shall immediately notify any one of the sponsors of the local
2595     clerk's finding.
2596          [(f)] (d) After a petition is declared insufficient, a person may not submit additional
2597     signatures to qualify the petition for the ballot.

2598          [(3)] (5) (a) If the local clerk refuses to accept and file any referendum petition, any
2599     voter may apply to a court for an extraordinary writ to compel the local clerk to do so within 10
2600     days after the refusal.
2601          (b) If the court determines that the referendum petition is legally sufficient, the local
2602     clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
2603     the date on which the petition was originally offered for filing in the local clerk's office.
2604          (c) If the court determines that any petition filed is not legally sufficient, the court may
2605     enjoin the local clerk and all other officers from:
2606          (i) certifying or printing the ballot title and numbers of that measure on the official
2607     ballot for the next election; or
2608          (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
2609     or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.
2610          [(4)] (6) A petition determined to be sufficient in accordance with this section is
2611     qualified for the ballot.
2612          [(5)] (7) (a) Except as provided in Subsection [(6)] (7)(b) or (c), if a referendum relates
2613     to legislative action taken after April 15, the election officer may not place the referendum on
2614     an election ballot until a primary election, a general election, or a special election the following
2615     year.
2616          (b) The election officer may place a referendum described in Subsection [(6)] (7)(a) on
2617     the ballot for a special, primary, or general election held during the year that the legislative
2618     action was taken if the following agree, in writing, on a timeline to place the referendum on
2619     that ballot:
2620          (i) the local clerk;
2621          (ii) the county clerk; and
2622          (iii) the attorney for the county or municipality that took the legislative action.
2623          (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
2624     determines that the total number of certified names equals or exceeds the number of signatures
2625     required in Section 20A-7-601, the election officer shall place the referendum on the election
2626     ballot for:
2627          (i) the next general election; or
2628          (ii) another election, if the following agree, in writing, on a timeline to place the

2629     referendum on that ballot:
2630          (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;
2631          (B) the local clerk;
2632          (C) the county clerk; and
2633          (D) the attorney for the county or municipality that took the legislative action.
2634          Section 49. Section 20A-7-611 is amended to read:
2635          20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative
2636     body.
2637          (1) Any proposed law submitted to the people by referendum petition that is rejected by
2638     the voters at any election is repealed as of the date of the election.
2639          (2) If, at the time during the process described in Subsection [20A-7-307(2)]
2640     20A-7-607(2), the local clerk determines that, at that point in time, an adequate number of
2641     signatures are certified to comply with the signature requirements, the local clerk shall:
2642          (a) issue an order temporarily staying the law from going into effect; and
2643          (b) continue the process of certifying signatures and removing signatures as required by
2644     this part.
2645          (3) The temporary stay described in Subsection (2) remains in effect, regardless of
2646     whether a future count falls below the signature threshold, until the day on which:
2647          (a) if the local clerk declares the petition insufficient, five days after the day on which
2648     the local clerk declares the petition insufficient; or
2649          (b) if the local clerk declares the petition sufficient, the day on which the local
2650     legislative body issues the proclamation described in Section 20A-7-610.
2651          (4) A proposed law submitted to the people by referendum petition that is approved by
2652     the voters at an election takes effect the later of:
2653          (a) five days after the date of the official proclamation of the vote by the local
2654     legislative body; or
2655          (b) the effective date specified in the proposed law.
2656          (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the
2657     local clerk declares the petition insufficient, the proposed law takes effect the later of:
2658          (a) five days after the day on which the local clerk declares the petition insufficient; or
2659          (b) the effective date specified in the proposed law.

2660          (6) (a) A law adopted by the people under this part is not subject to veto.
2661          (b) The local legislative body may amend any laws approved by the people under this
2662     part after the people approve the law.
2663          (7) If the local legislative body repeals a law challenged by referendum petition under
2664     this part, the referendum petition is void and no further action on the referendum petition is
2665     required.
2666          Section 50. Section 20A-7-612 is amended to read:
2667          20A-7-612. Misconduct of electors and officers -- Penalty.
2668          (1) It is unlawful for an individual to:
2669          (a) sign any name other than the individual's own name to any referendum petition;
2670          (b) sign a referendum knowing that the individual is not a legal voter;
2671          (c) in connection with circulating a referendum petition, represent that a document is
2672     an official government document if the individual knows or has reason to know that the
2673     document is not an official government document; or
2674          (d) knowingly and willfully violate any provision of this part.
2675          (2) It is unlawful for an individual to sign the verification for a referendum packet, or
2676     to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing
2677     that:
2678          (a) the individual does not meet the residency requirements of Section 20A-2-105;
2679          (b) the individual has not witnessed the signatures [of the individuals whose names
2680     appear in the referendum packet] the individual collects or submits; or
2681          (c) one or more individuals whose signatures appear in the referendum packet[: (i) is
2682     either: (A)] is not registered to vote in Utah[; or].
2683          [(B) does not intend to become registered to vote in Utah; or]
2684          [(ii) appears next to an inaccurate date of signature.]
2685          (3) An individual who violates this part is guilty of a class A misdemeanor.
2686          (4) The county attorney or municipal attorney shall prosecute any violation of this
2687     section.
2688          Section 51. Section 20A-7-613 is amended to read:
2689          20A-7-613. Property tax referendum petition.
2690          (1) As used in this section, "certified tax rate" means the same as that term is defined in

2691     Section 59-2-924.
2692          (2) Except as provided in this section, the requirements of this part apply to a
2693     referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
2694     exceeds the certified tax rate.
2695          (3) Notwithstanding Subsection [20A-7-606(1)] 20A-7-606(2), the sponsors or an
2696     agent of the sponsors shall deliver a signed and verified referendum packet to the county clerk
2697     of the county in which the packet was circulated before 5 p.m. no later than the earlier of:
2698          (a) 30 days after the day on which the first individual signs the packet; or
2699          (b) 40 days after the day on which the local clerk complies with Subsection
2700     [20A-7-604(2)] 20A-7-604(3).
2701          (4) Notwithstanding Subsections [20A-7-606(2) and (3)] 20A-7-606(3) and (4), the
2702     county clerk shall take the actions required in Subsections [20A-7-606(2) and (3)]
2703     20A-7-606(3) and (4) within 10 working days after the day on which the county clerk receives
2704     the signed and verified referendum packet as described in Subsection (3).
2705          (5) The local clerk shall take the actions required by Section 20A-7-607 within two
2706     working days after:
2707          (a) in relation to the manual referendum process, the day on which the local clerk
2708     receives the referendum packets from the county clerk[.]; or
2709          (b) in relation to the electronic referendum process, the deadline described in
2710     Subsection 20A-7-616(2).
2711          (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
2712     ballot title within two working days after the day on which the referendum petition is declared
2713     sufficient for submission to a vote of the people.
2714          (7) (a) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for
2715     the ballot under this section shall appear on the ballot for the earlier of the next regular general
2716     election or the next municipal general election unless a special election is called.
2717          (8) The election officer shall mail manual ballots on a referendum under this section the
2718     later of:
2719          (a) the time provided in Section 20A-3a-202 or 20A-16-403; or
2720          (b) the time that ballots are prepared for mailing under this section.
2721          (9) Section 20A-7-402 does not apply to a referendum described in this section.

2722          (10) (a) If a majority of voters does not vote against imposing the tax at a rate
2723     calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
2724     entity's legislative body:
2725          (i) the certified tax rate for the fiscal year during which the referendum petition is filed
2726     is its most recent certified tax rate; and
2727          (ii) the proposed increased revenues for purposes of establishing the certified tax rate
2728     for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
2729     increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
2730     before the filing of the referendum petition.
2731          (b) If a majority of voters votes against imposing a tax at the rate established by the
2732     vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
2733     taxing entity's most recent certified tax rate.
2734          (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
2735     required to comply with the notice and public hearing requirements of Section 59-2-919 if the
2736     taxing entity complies with those notice and public hearing requirements before the referendum
2737     petition is filed.
2738          (11) The ballot title shall, at a minimum, include in substantially this form the
2739     following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
2740     sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
2741     budgeted, adopted, and approved by the [name of the taxing entity].".
2742          (12) A taxing entity shall pay the county the costs incurred by the county that are
2743     directly related to meeting the requirements of this section and that the county would not have
2744     incurred but for compliance with this section.
2745          (13) (a) An election officer shall include on a ballot a referendum that has not yet
2746     qualified for placement on the ballot, if:
2747          (i) sponsors file an application for a referendum described in this section;
2748          (ii) the ballot will be used for the election for which the sponsors are attempting to
2749     qualify the referendum; and
2750          (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
2751     the day on which the ballot will be printed.
2752          (b) If an election officer includes on a ballot a referendum described in Subsection

2753     (13)(a), the ballot title shall comply with Subsection (11).
2754          (c) If an election officer includes on a ballot a referendum described in Subsection
2755     (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
2756     voters by any practicable method that the referendum has not qualified for the ballot and that
2757     votes cast in relation to the referendum will not be counted.
2758          Section 52. Section 20A-7-614 is enacted to read:
2759          20A-7-614. Electronic referendum process -- Form of referendum petition --
2760     Circulation requirements -- Signature collection.
2761          (1) This section applies only to the electronic referendum process.
2762          (2) (a) The first screen presented on the approved device shall include the following
2763     statement:
2764          "This REFERENDUM PETITION is addressed to the Honorable ____, County
2765     Clerk/City Recorder/Town Clerk:
2766          The citizens of Utah who sign this petition respectfully order that (description of local
2767     law or portion of local law being challenged), passed by the ____ be referred to the voters for
2768     their approval or rejection at the regular/municipal general election to be held on
2769     __________(month\day\year)."
2770          (b) An individual may not advance to the second screen until the individual clicks a
2771     link at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2772     understand the information presented on this screen."
2773          (3) (a) The second screen presented on the approved device shall include the entire text
2774     of the law that is the subject of the referendum petition.
2775          (b) An individual may not advance to the third screen until the individual clicks a link
2776     at the bottom of the second screen stating, "By clicking here, I attest that I have read and
2777     understand the entire text of the law that is the subject of the referendum petition."
2778          (4) (a) The third screen presented on the approved device shall include a statement
2779     indicating whether persons gathering signatures for the petition may be paid for gathering
2780     signatures.
2781          (b) An individual may not advance to the fourth screen until the individual clicks a link
2782     at the bottom of the third screen stating, "By clicking here, I attest that I have read and
2783     understand the information presented on this screen."

2784          (5) The fourth screen presented on the approved device shall include the following
2785     statement, followed by links where the individual may click "yes" or "no":
2786          "I have personally reviewed the entirety of each statement presented on this device;
2787          I am personally signing this petition;
2788          I am registered to vote in Utah; and
2789          All information I enter on this device, including my residence and post office address, is
2790     accurate.
2791          It is a class A misdemeanor for an individual to sign a referendum petition with a name
2792     other than the individual's own name, or to knowingly sign the individual's name more than
2793     once for the same measure, or to sign a referendum petition when the individual knows that the
2794     individual is not a registered voter.
2795          Do you wish to continue and sign this petition?"
2796          (6) (a) If the individual clicks "no" in response to the question described in Subsection
2797     (5), the next screen shall include the following statement, "Thank you for your time. Please
2798     return this device to the signature-gatherer."
2799          (b) If the individual clicks "yes" in response to the question described in Subsection
2800     (5), the website, or the application that accesses the website, shall take the signature-gatherer
2801     and the individual signing the petition through the signature process described in Section
2802     20A-21-201.
2803          Section 53. Section 20A-7-615 is enacted to read:
2804          20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to
2805     remove signature.
2806          (1) This section applies to the electronic referendum process described in Section
2807     20A-21-201.
2808          (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and
2809     resides in the local jurisdiction.
2810          (3) The sponsors shall ensure that the signature-gatherer who collects a signature from
2811     an individual:
2812          (a) verifies that the individual is at least 18 years old and meets the residency
2813     requirements of Section 20A-2-105; and
2814          (b) is informed that each signer is required to read and understand the law that is the

2815     subject of the referendum petition.
2816          (4) (a) A voter who has signed a referendum petition may have the voter's signature
2817     removed from the petition by submitting to the county clerk a statement requesting that the
2818     voter's signature be removed before 5 p.m. no later than the earlier of:
2819          (i) 30 days after the day on which the voter signs the statement requesting removal; or
2820          (ii) 45 days after the day on which the local clerk posts the voter's name under
2821     Subsection 20A-7-616(3).
2822          (b) The statement shall include:
2823          (i) the name of the voter;
2824          (ii) the resident address at which the voter is registered to vote;
2825          (iii) the signature of the voter; and
2826          (iv) the date of the signature described in Subsection (4)(b)(iii).
2827          (c) To increase the likelihood of the voter's signature being identified and removed, the
2828     statement may include the voter's birth date or age.
2829          (d) A voter may not submit a signature removal statement by email or other electronic
2830     means, unless the lieutenant governor establishes a signature removal process that is consistent
2831     with the requirements of this section and Section 20A-21-201.
2832          (e) A person may only remove an electronic signature from an initiative petition in
2833     accordance with this section.
2834          (f) A county clerk shall analyze a holographic signature, for purposes of removing an
2835     electronic signature from a referendum petition, in accordance with Section 20A-7-606.3.
2836          Section 54. Section 20A-7-616 is enacted to read:
2837          20A-7-616. Electronic referendum process -- Collecting signatures -- Removal of
2838     signatures.
2839          (1) This section applies only to the electronic referendum process.
2840          (2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day
2841     on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8,
2842     that the referendum is legally referable to voters.
2843          (3) The local clerk shall send to each individual who provides a valid email address
2844     during the signature-gathering process an email that includes the following:
2845          (a) the subject of the email shall include the following statement, "Notice Regarding

2846     Your Petition Signature"; and
2847          (b) the body of the email shall include the following statement in 12-point type:
2848          "You signed a petition for the following referendum:
2849          [insert title of initiative]
2850          To access a copy of the referendum petition, the referendum, and information on the
2851     deadline for removing your signature from the petition, please visit the following link: [insert a
2852     uniform resource locator that takes the individual directly to the page on the lieutenant
2853     governor's website that includes the information referred to in the email]."
2854          (4) Except as provided in Subsection (5), the county clerk shall, within two business
2855     days after the day on which the signature of an individual who signs a petition is certified under
2856     Section 20A-21-201, post the name, voter identification number, and date of signature of the
2857     individual on the lieutenant governor's website, in a conspicuous location designated by the
2858     lieutenant governor, for at least 45 days.
2859          (5) (a) If the local clerk timely receives a statement requesting signature removal under
2860     Subsection 20A-7-615(4), the local clerk shall:
2861          (i) ensure that the voter's name, voter identification number, and date of signature are
2862     not included in the posting described in Subsection (4); and
2863          (ii) remove the voter's signature from the petition and the petition signature totals.
2864          (b) The local clerk shall comply with Subsection (5)(a) before the later of:
2865          (i) the deadline described in Subsection (4); or
2866          (ii) two business days after the day on which the county clerk receives a statement
2867     requesting signature removal under Subsection 20A-7-615(4).
2868          Section 55. Section 20A-9-101 is amended to read:
2869          20A-9-101. Definitions.
2870          As used in this chapter:
2871          (1) (a) "Candidates for elective office" means persons who file a declaration of
2872     candidacy under Section 20A-9-202 to run in a regular general election for a federal office,
2873     constitutional office, multicounty office, or county office.
2874          (b) "Candidates for elective office" does not mean candidates for:
2875          (i) justice or judge of court of record or not of record;
2876          (ii) presidential elector;

2877          (iii) any political party offices; and
2878          (iv) municipal or local district offices.
2879          (2) "Constitutional office" means the state offices of governor, lieutenant governor,
2880     attorney general, state auditor, and state treasurer.
2881          (3) "Continuing political party" means the same as that term is defined in Section
2882     20A-8-101.
2883          (4) (a) "County office" means an elective office where the officeholder is selected by
2884     voters entirely within one county.
2885          (b) "County office" does not mean:
2886          (i) the office of justice or judge of any court of record or not of record;
2887          (ii) the office of presidential elector;
2888          (iii) any political party offices;
2889          (iv) any municipal or local district offices; and
2890          (v) the office of United States Senator and United States Representative.
2891          (5) "Electronic candidate qualification process" means:
2892          (a) as it relates to a registered political party that is not a qualified political party, the
2893     process for gathering signatures electronically to seek the nomination of a registered political
2894     party, described in:
2895          (i) Section 20A-9-403;
2896          (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and
2897          (iii) Section 20A-21-201; and
2898          (b) as it relates to a qualified political party, the process, for gathering signatures
2899     electronically to seek the nomination of a registered political party, described in:
2900          (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);
2901          (ii) Section 20A-9-408; and
2902          (iii) Section 20A-21-201.
2903          [(5)] (6) "Federal office" means an elective office for United States Senator and United
2904     States Representative.
2905          [(6)] (7) "Filing officer" means:
2906          (a) the lieutenant governor, for:
2907          (i) the office of United States Senator and United States Representative; and

2908          (ii) all constitutional offices;
2909          (b) for the office of a state senator or state representative, the lieutenant governor or the
2910     applicable clerk described in Subsection [(6)] (7)(c) or (d);
2911          (c) the county clerk, for county offices and local school district offices;
2912          (d) the county clerk in the filer's county of residence, for multicounty offices;
2913          (e) the city or town clerk, for municipal offices; or
2914          (f) the local district clerk, for local district offices.
2915          [(7)] (8) "Local district office" means an elected office in a local district.
2916          [(8)] (9) "Local government office" includes county offices, municipal offices, and
2917     local district offices and other elective offices selected by the voters from a political division
2918     entirely within one county.
2919          (10) "Manual candidate qualification process" means the process for gathering
2920     signatures to seek the nomination of a registered political party, using paper signature packets
2921     that a signer physically signs.
2922          [(9)] (11) (a) "Multicounty office" means an elective office where the officeholder is
2923     selected by the voters from more than one county.
2924          (b) "Multicounty office" does not mean:
2925          (i) a county office;
2926          (ii) a federal office;
2927          (iii) the office of justice or judge of any court of record or not of record;
2928          (iv) the office of presidential elector;
2929          (v) any political party offices; or
2930          (vi) any municipal or local district offices.
2931          [(10)] (12) "Municipal office" means an elective office in a municipality.
2932          [(11)] (13) (a) "Political division" means a geographic unit from which an officeholder
2933     is elected and that an officeholder represents.
2934          (b) "Political division" includes a county, a city, a town, a local district, a school
2935     district, a legislative district, and a county prosecution district.
2936          [(12)] (14) "Qualified political party" means a registered political party that:
2937          (a) (i) permits a delegate for the registered political party to vote on a candidate
2938     nomination in the registered political party's convention remotely; or

2939          (ii) provides a procedure for designating an alternate delegate if a delegate is not
2940     present at the registered political party's convention;
2941          (b) does not hold the registered political party's convention before the fourth Saturday
2942     in March of an even-numbered year;
2943          (c) permits a member of the registered political party to seek the registered political
2944     party's nomination for any elective office by the member choosing to seek the nomination by
2945     either or both of the following methods:
2946          (i) seeking the nomination through the registered political party's convention process,
2947     in accordance with the provisions of Section 20A-9-407; or
2948          (ii) seeking the nomination by collecting signatures, in accordance with the provisions
2949     of Section 20A-9-408; and
2950          (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.
2951     on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the
2952     election in the following year, the registered political party intends to nominate the registered
2953     political party's candidates in accordance with the provisions of Section 20A-9-406; or
2954          (ii) if the registered political party is not a continuing political party, certifies at the
2955     time that the registered political party files the petition described in Section 20A-8-103 that, for
2956     the next election, the registered political party intends to nominate the registered political
2957     party's candidates in accordance with the provisions of Section 20A-9-406.
2958          (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a
2959     registered political party, means:
2960          (a) when using the manual candidate qualification process, a holographic signature
2961     collected physically on a nomination petition described in Subsection 20A-9-405(3); or
2962          (b) when using the electronic candidate qualification process:
2963          (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or
2964          (ii) a holographic signature collected electronically under Subsection
2965     20A-21-201(5)(c)(ii)(B).
2966          Section 56. Section 20A-9-403 is amended to read:
2967          20A-9-403. Regular primary elections.
2968          (1) (a) Candidates for elective office that are to be filled at the next regular general
2969     election shall be nominated in a regular primary election by direct vote of the people in the

2970     manner prescribed in this section. The regular primary election is held on the date specified in
2971     Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a
2972     regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to
2973     participate in a regular general election as a write-in candidate under Section 20A-9-601.
2974          (b) Each registered political party that chooses to have the names of the registered
2975     political party's candidates for elective office featured with party affiliation on the ballot at a
2976     regular general election shall comply with the requirements of this section and shall nominate
2977     the registered political party's candidates for elective office in the manner described in this
2978     section.
2979          (c) A filing officer may not permit an official ballot at a regular general election to be
2980     produced or used if the ballot denotes affiliation between a registered political party or any
2981     other political group and a candidate for elective office who is not nominated in the manner
2982     prescribed in this section or in Subsection 20A-9-202(4).
2983          (d) Unless noted otherwise, the dates in this section refer to those that occur in each
2984     even-numbered year in which a regular general election will be held.
2985          (2) (a) Each registered political party, in a statement filed with the lieutenant governor,
2986     shall:
2987          (i) either declare the registered political party's intent to participate in the next regular
2988     primary election or declare that the registered political party chooses not to have the names of
2989     the registered political party's candidates for elective office featured on the ballot at the next
2990     regular general election; and
2991          (ii) if the registered political party participates in the upcoming regular primary
2992     election, identify one or more registered political parties whose members may vote for the
2993     registered political party's candidates and whether individuals identified as unaffiliated with a
2994     political party may vote for the registered political party's candidates.
2995          (b) (i) A registered political party that is a continuing political party shall file the
2996     statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on
2997     November 30 of each odd-numbered year.
2998          (ii) An organization that is seeking to become a registered political party under Section
2999     20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered
3000     political party files the petition described in Section 20A-8-103.

3001          (3) (a) Except as provided in Subsection (3)(e), an individual who submits a
3002     declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective
3003     office on the regular primary ballot of the registered political party listed on the declaration of
3004     candidacy only if the individual is certified by the appropriate filing officer as having submitted
3005     a [set of nomination petitions] nomination petition that was:
3006          (i) circulated and completed in accordance with Section 20A-9-405; and
3007          (ii) signed by at least 2% of the registered political party's members who reside in the
3008     political division of the office that the individual seeks.
3009          (b) (i) A candidate for elective office shall submit [nomination petitions] signatures for
3010     a nomination petition
to the appropriate filing officer for verification and certification no later
3011     than 5 p.m. on the final day in March.
3012          (ii) A candidate may supplement the candidate's submissions at any time on or before
3013     the filing deadline.
3014          (c) (i) The lieutenant governor shall determine for each elective office the total number
3015     of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting
3016     the aggregate number of individuals residing in each elective office's political division who
3017     have designated a particular registered political party on the individuals' voter registration
3018     forms on or before November 15 of each odd-numbered year.
3019          (ii) The lieutenant governor shall publish the determination for each elective office no
3020     later than November 30 of each odd-numbered year.
3021          (d) The filing officer shall:
3022          (i) except as otherwise provided in Section 20A-21-201, verify signatures on
3023     nomination petitions in a transparent and orderly manner, no later than 14 days after the day on
3024     which a candidate submits the signatures to the filing officer;
3025          (ii) for all qualifying candidates for elective office who submit nomination petitions to
3026     the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline
3027     described in Subsection 20A-9-202(1)(b);
3028          (iii) consider active and inactive voters eligible to sign nomination petitions;
3029          (iv) consider an individual who signs a nomination petition a member of a registered
3030     political party for purposes of Subsection (3)(a)(ii) if the individual has designated that
3031     registered political party as the individual's party membership on the individual's voter

3032     registration form; and
3033          (v) except as otherwise provided in Section 20A-21-201, utilize procedures described
3034     in Section 20A-7-206.3 to verify submitted nomination petition signatures, or use statistical
3035     sampling procedures to verify submitted nomination petition signatures in accordance with
3036     rules made under Subsection (3)(f).
3037          (e) Notwithstanding any other provision in this Subsection (3), a candidate for
3038     lieutenant governor may appear on the regular primary ballot of a registered political party
3039     without submitting nomination petitions if the candidate files a declaration of candidacy and
3040     complies with Subsection 20A-9-202(3).
3041          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3042     director of elections, within the Office of the Lieutenant Governor, may make rules that:
3043          (i) provide for the use of statistical sampling procedures that:
3044          (A) filing officers are required to use to verify signatures under Subsection (3)(d); and
3045          (B) reflect a bona fide effort to determine the validity of a candidate's entire
3046     submission, using widely recognized statistical sampling techniques; and
3047          (ii) provide for the transparent, orderly, and timely submission, verification, and
3048     certification of nomination petition signatures.
3049          (g) The county clerk shall:
3050          (i) review the declarations of candidacy filed by candidates for local boards of
3051     education to determine if more than two candidates have filed for the same seat;
3052          (ii) place the names of all candidates who have filed a declaration of candidacy for a
3053     local board of education seat on the nonpartisan section of the ballot if more than two
3054     candidates have filed for the same seat; and
3055          (iii) determine the order of the local board of education candidates' names on the ballot
3056     in accordance with Section 20A-6-305.
3057          (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant
3058     governor shall provide to the county clerks:
3059          (i) a list of the names of all candidates for federal, constitutional, multi-county, single
3060     county, and county offices who have received certifications under Subsection (3), along with
3061     instructions on how those names shall appear on the primary election ballot in accordance with
3062     Section 20A-6-305; and

3063          (ii) a list of unopposed candidates for elective office who have been nominated by a
3064     registered political party under Subsection (5)(c) and instruct the county clerks to exclude the
3065     unopposed candidates from the primary election ballot.
3066          (b) A candidate for lieutenant governor and a candidate for governor campaigning as
3067     joint-ticket running mates shall appear jointly on the primary election ballot.
3068          (c) After the county clerk receives the certified list from the lieutenant governor under
3069     Subsection (4)(a), the county clerk shall post or publish a primary election notice in
3070     substantially the following form:
3071          "Notice is given that a primary election will be held Tuesday, June ____,
3072     ________(year), to nominate party candidates for the parties and candidates for nonpartisan
3073     local school board positions listed on the primary ballot. The polling place for voting precinct
3074     ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.
3075     Attest: county clerk."
3076          (5) (a) A candidate who, at the regular primary election, receives the highest number of
3077     votes cast for the office sought by the candidate is:
3078          (i) nominated for that office by the candidate's registered political party; or
3079          (ii) for a nonpartisan local school board position, nominated for that office.
3080          (b) If two or more candidates are to be elected to the office at the regular general
3081     election, those party candidates equal in number to positions to be filled who receive the
3082     highest number of votes at the regular primary election are the nominees of the candidates'
3083     party for those positions.
3084          (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:
3085          (A) no individual other than the candidate receives a certification under Subsection (3)
3086     for the regular primary election ballot of the candidate's registered political party for a
3087     particular elective office; or
3088          (B) for an office where more than one individual is to be elected or nominated, the
3089     number of candidates who receive certification under Subsection (3) for the regular primary
3090     election of the candidate's registered political party does not exceed the total number of
3091     candidates to be elected or nominated for that office.
3092          (ii) A candidate who is unopposed for an elective office in the regular primary election
3093     of a registered political party is nominated by the party for that office without appearing on the

3094     primary election ballot.
3095          (6) (a) When a tie vote occurs in any primary election for any national, state, or other
3096     office that represents more than one county, the governor, lieutenant governor, and attorney
3097     general shall, at a public meeting called by the governor and in the presence of the candidates
3098     involved, select the nominee by lot cast in whatever manner the governor determines.
3099          (b) When a tie vote occurs in any primary election for any county office, the district
3100     court judges of the district in which the county is located shall, at a public meeting called by
3101     the judges and in the presence of the candidates involved, select the nominee by lot cast in
3102     whatever manner the judges determine.
3103          (7) The expense of providing all ballots, blanks, or other supplies to be used at any
3104     primary election provided for by this section, and all expenses necessarily incurred in the
3105     preparation for or the conduct of that primary election shall be paid out of the treasury of the
3106     county or state, in the same manner as for the regular general elections.
3107          (8) An individual may not file a declaration of candidacy for a registered political party
3108     of which the individual is not a member, except to the extent that the registered political party
3109     permits otherwise under the registered political party's bylaws.
3110          Section 57. Section 20A-9-405 is amended to read:
3111          20A-9-405. Nomination petitions for regular primary elections.
3112          (1) This section [shall apply] applies to the form and circulation of nomination
3113     petitions for regular primary elections described in Subsection 20A-9-403(3)(a).
3114          (2) A candidate for elective office, and the agents of the candidate, may not circulate
3115     nomination petitions until the candidate has submitted a declaration of candidacy in accordance
3116     with Subsection 20A-9-202(1).
3117          (3) [The] For the manual candidate qualification process, the nomination petitions shall
3118     be in substantially the following form:
3119          (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;
3120          (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the
3121     space above that line blank for purposes of binding;
3122          (c) the petition shall be headed by a caption stating the purpose of the petition and the
3123     name of the proposed candidate;
3124          (d) the petition shall feature the word "Warning" followed by the following statement

3125     in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to
3126     knowingly sign a [certificate of nomination signature sheet] nomination petition with any name
3127     other than the person's own name, or more than once for the same candidate, or if the person is
3128     not registered to vote in this state [and does not intend to become registered to vote in this state
3129     before signatures are certified by a filing officer].";
3130          (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively
3131     numbered one through 10;
3132          (f) the signature portion of the petition shall be divided into columns headed by the
3133     following titles:
3134          (i) Registered Voter's Printed Name;
3135          (ii) Signature of Registered Voter;
3136          (iii) Party Affiliation of Registered Voter;
3137          (iv) Birth Date or Age (Optional);
3138          (v) Street Address, City, Zip Code; and
3139          (vi) Date of Signature; and
3140          (g) a photograph of the candidate may appear on the nomination petition.
3141          (4) For the electronic candidate qualification process, the lieutenant governor shall
3142     design an electronic form, using progressive screens, that includes:
3143          (a) the following warning:
3144          "Warning: "It is a class A misdemeanor for anyone to knowingly sign a nomination
3145     petition with any name other than the person's own name, or more than once for the same
3146     candidate, or if the person is not registered to vote in this state."; and
3147          (b) the following information for each individual who signs the petition:
3148          (i) name;
3149          (ii) party affiliation;
3150          (iii) date of birth or age, (optional);
3151          (iv) street address, city, zip code;
3152          (v) date of signature;
3153          (vi) other information required under Section 20A-21-201; and
3154          (vii) other information required by the lieutenant governor.
3155          [(4)] (5) [If] For the manual candidate qualification process, if one or more nomination

3156     petitions are bound together, a page shall be bound to the nomination petition(s) that features
3157     the following printed verification statement to be signed and dated by the petition circulator:
3158          "Verification
3159          State of Utah, County of ____
3160          I, ____, of ____, hereby state that:
3161          I am a Utah resident and am at least 18 years old;
3162          All the names that appear on the signature sheets bound to this page were, to the best of
3163     my knowledge, signed by the persons who professed to be the persons whose names appear on
3164     the signature sheets, and each of them signed the person's name on the signature sheets in my
3165     presence;
3166          I believe that each has printed and signed the person's name and written the person's
3167     street address correctly, and that each signer is registered to vote in Utah [or will register to
3168     vote in Utah before the county clerk certifies the signatures on the signature sheet]."
3169          [(5)] (6) The lieutenant governor shall prepare and make public model nomination
3170     petition forms and associated instructions.
3171          [(6)] (7) A nomination petition circulator must be at least 18 years old and a resident of
3172     the state, but may affiliate with any political party.
3173          [(7)] (8) It is unlawful for any person to:
3174          (a) knowingly sign the nomination petition [sheet] described in [Subsection (3)] this
3175     section or Section 20A-9-408:
3176          (i) with any name other than the person's own name;
3177          (ii) more than once for the same candidate; or
3178          (iii) if the person is not registered to vote in this state [and does not intend to become
3179     registered to vote in this state prior to 5 p.m. on the final day in March];
3180          (b) sign the verification of a [certificate of nomination signature sheet described in
3181     Subsection (4)] signature for a nomination petition if the person:
3182          (i) does not meet the residency requirements of Section 20A-2-105;
3183          (ii) has not witnessed the signing by those persons whose names appear on the
3184     [certificate of nomination signature sheet] nomination petition; or
3185          (iii) knows that a person whose signature appears on the [certificate of nomination
3186     signature sheet] nomination petition is not registered to vote in this state [and does not intend

3187     to become registered to vote in this state];
3188          (c) pay compensation to any person to sign a nomination petition; or
3189          (d) pay compensation to any person to circulate a nomination petition, if the
3190     compensation is based directly on the number of signatures submitted to a filing officer rather
3191     than on the number of signatures verified or on some other basis.
3192          [(8)] (9) Any person violating Subsection [(7)] (8) is guilty of a class A misdemeanor.
3193          [(9)] (10) Withdrawal of petition signatures [shall not be permitted] is prohibited.
3194          Section 58. Section 20A-9-408 is amended to read:
3195          20A-9-408. Signature-gathering process to seek the nomination of a qualified
3196     political party.
3197          (1) This section describes the requirements for a member of a qualified political party
3198     who is seeking the nomination of the qualified political party for an elective office through the
3199     signature-gathering process described in this section.
3200          (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of
3201     candidacy for a member of a qualified political party who is nominated by, or who is seeking
3202     the nomination of, the qualified political party under this section shall be substantially as
3203     described in Section 20A-9-408.5.
3204          (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection
3205     20A-9-202(4), a member of a qualified political party who, under this section, is seeking the
3206     nomination of the qualified political party for an elective office that is to be filled at the next
3207     general election shall:
3208          (a) within the period beginning on January 1 before the next regular general election
3209     and ending at 5 p.m. 52 days after the day on which the Legislature's general session begins, as
3210     provided in Section 36-3-201, and before gathering signatures under this section, file with the
3211     filing officer on a form approved by the lieutenant governor a notice of intent to gather
3212     signatures for candidacy that includes:
3213          (i) the name of the member who will attempt to become a candidate for a registered
3214     political party under this section;
3215          (ii) the name of the registered political party for which the member is seeking
3216     nomination;
3217          (iii) the office for which the member is seeking to become a candidate;

3218          (iv) the address and telephone number of the member; and
3219          (v) other information required by the lieutenant governor;
3220          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
3221     in person, with the filing officer:
3222          (i) on or after 48 days after the day on which the Legislature's general session begins,
3223     as provided in Section 36-3-201; and
3224          (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
3225     begins, as provided in Section 36-3-201; and
3226          (c) pay the filing fee.
3227          (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political
3228     party who, under this section, is seeking the nomination of the qualified political party for the
3229     office of district attorney within a multicounty prosecution district that is to be filled at the next
3230     general election shall:
3231          (a) on or after January 1 before the next regular general election, and before gathering
3232     signatures under this section, file with the filing officer on a form approved by the lieutenant
3233     governor a notice of intent to gather signatures for candidacy that includes:
3234          (i) the name of the member who will attempt to become a candidate for a registered
3235     political party under this section;
3236          (ii) the name of the registered political party for which the member is seeking
3237     nomination;
3238          (iii) the office for which the member is seeking to become a candidate;
3239          (iv) the address and telephone number of the member; and
3240          (v) other information required by the lieutenant governor;
3241          (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,
3242     in person, with the filing officer:
3243          (i) on or after 48 days after the day on which the Legislature's general session begins,
3244     as provided in Section 36-3-201; and
3245          (ii) before 5 p.m. 52 days after the day on which the Legislature's general session
3246     begins, as provided in Section 36-3-201; and
3247          (c) pay the filing fee.
3248          (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate

3249     who files as the joint-ticket running mate of an individual who is nominated by a qualified
3250     political party, under this section, for the office of governor shall, before the deadline described
3251     in Subsection 20A-9-202(1)(b), file a declaration of candidacy and submit a letter from the
3252     candidate for governor that names the lieutenant governor candidate as a joint-ticket running
3253     mate.
3254          (6) The lieutenant governor shall ensure that the certification described in Subsection
3255     20A-9-701(1) also includes the name of each candidate nominated by a qualified political party
3256     under this section.
3257          (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who
3258     is nominated by a qualified political party under this section, designate the qualified political
3259     party that nominated the candidate.
3260          (8) A member of a qualified political party may seek the nomination of the qualified
3261     political party for an elective office by:
3262          (a) complying with the requirements described in this section; and
3263          (b) collecting signatures, on a form approved by the lieutenant governor that complies
3264     with Subsection 20A-9-405(3), during the period beginning on January 1 of an even-numbered
3265     year and ending at 5 p.m. 14 days before the day on which the qualified political party's
3266     convention for the office is held, in the following amounts:
3267          (i) for a statewide race, 28,000 signatures of registered voters in the state who are
3268     permitted by the qualified political party to vote for the qualified political party's candidates in
3269     a primary election;
3270          (ii) for a congressional district race, 7,000 signatures of registered voters who are
3271     residents of the congressional district and are permitted by the qualified political party to vote
3272     for the qualified political party's candidates in a primary election;
3273          (iii) for a state Senate district race, 2,000 signatures of registered voters who are
3274     residents of the state Senate district and are permitted by the qualified political party to vote for
3275     the qualified political party's candidates in a primary election;
3276          (iv) for a state House district race, 1,000 signatures of registered voters who are
3277     residents of the state House district and are permitted by the qualified political party to vote for
3278     the qualified political party's candidates in a primary election;
3279          (v) for a State Board of Education race, the lesser of:

3280          (A) 2,000 signatures of registered voters who are residents of the State Board of
3281     Education district and are permitted by the qualified political party to vote for the qualified
3282     political party's candidates in a primary election; or
3283          (B) 3% of the registered voters of the qualified political party who are residents of the
3284     applicable State Board of Education district; and
3285          (vi) for a county office race, signatures of 3% of the registered voters who are residents
3286     of the area permitted to vote for the county office and are permitted by the qualified political
3287     party to vote for the qualified political party's candidates in a primary election.
3288          (9) (a) This Subsection (9) applies only to the manual candidate qualification process.
3289          [(9) (a)] (b) In order for a member of the qualified political party to qualify as a
3290     candidate for the qualified political party's nomination for an elective office under this section,
3291     using the manual candidate qualification process, the member shall:
3292          (i) collect the signatures on a form approved by the lieutenant governor, using the same
3293     circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and
3294          (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days
3295     before the day on which the qualified political party holds the party's convention to select
3296     candidates, for the elective office, for the qualified political party's nomination.
3297          [(b) An individual may not gather signatures under this section until after the
3298     individual files a notice of intent to gather signatures for candidacy described in this section.]
3299          [(c) An individual who files a notice of intent to gather signatures for candidacy,
3300     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
3301     the notice of intent to gather signatures for candidacy:]
3302          [(i) required to comply with the reporting requirements that a candidate for office is
3303     required to comply with; and]
3304          [(ii) subject to the same enforcement provisions, and civil and criminal penalties, that
3305     apply to a candidate for office in relation to the reporting requirements described in Subsection
3306     (9)(c)(i).]
3307          [(d)] (c) Upon timely receipt of the signatures described in Subsections (8) and
3308     (9)[(a)](b), the election officer shall, no later than the earlier of 14 days after the day on which
3309     the election officer receives the signatures, or one day before the day on which the qualified
3310     political party holds the convention to select a nominee for the elective office to which the

3311     signature packets relate:
3312          (i) check the name of each individual who completes the verification for a signature
3313     packet to determine whether each individual is a resident of Utah and is at least 18 years old;
3314          (ii) submit the name of each individual described in Subsection [(9)(d)(i)] (9)(c)(i) who
3315     is not a Utah resident or who is not at least 18 years old to the attorney general and the county
3316     attorney;
3317          (iii) determine whether each signer is a registered voter who is qualified to sign the
3318     petition, using the same method, described in Section 20A-7-206.3, used to verify a signature
3319     on a petition; and
3320          (iv) certify whether each name is that of a registered voter who is qualified to sign the
3321     signature packet.
3322          (10) (a) This Subsection (10) applies only to the electronic candidate qualification
3323     process.
3324          (b) In order for a member of the qualified political party to qualify as a candidate for
3325     the qualified political party's nomination for an elective office under this section, the member
3326     shall, before 5 p.m. no later than 14 days before the day on which the qualified political party
3327     holds the party's convention to select candidates, for the elective office, for the qualified
3328     political party's nomination, collect signatures electronically:
3329          (i) in accordance with Section 20A-21-201; and
3330          (ii) using progressive screens, in a format approved by the lieutenant governor, that
3331     complies with Subsection 20A-9-405(4).
3332          (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the
3333     election officer shall, no later than the earlier of 14 days after the day on which the election
3334     officer receives the signatures, or one day before the day on which the qualified political party
3335     holds the convention to select a nominee for the elective office to which the signature packets
3336     relate:
3337          (i) check the name of each individual who completes the verification for a signature to
3338     determine whether each individual is a resident of Utah and is at least 18 years old; and
3339          (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a
3340     Utah resident or who is not at least 18 years old to the attorney general and the county attorney.
3341          (11) (a) An individual may not gather signatures under this section until after the

3342     individual files a notice of intent to gather signatures for candidacy described in this section.
3343          (b) An individual who files a notice of intent to gather signatures for candidacy,
3344     described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files
3345     the notice of intent to gather signatures for candidacy:
3346          (i) required to comply with the reporting requirements that a candidate for office is
3347     required to comply with; and
3348          (ii) subject to the same enforcement provisions, and civil and criminal penalties, that
3349     apply to a candidate for office in relation to the reporting requirements described in Subsection
3350     (11)(b)(i).
3351          [(e)] (c) Upon timely receipt of the signatures described in Subsections (8) and [(9)(a)]
3352     (9)(b), or Subsections (8) and (10)(b), the election officer shall, no later than one day before the
3353     day on which the qualified political party holds the convention to select a nominee for the
3354     elective office to which the signature packets relate, notify the qualified political party and the
3355     lieutenant governor of the name of each member of the qualified political party who qualifies
3356     as a nominee of the qualified political party, under this section, for the elective office to which
3357     the convention relates.
3358          [(f)] (d) Upon receipt of a notice of intent to gather signatures for candidacy described
3359     in this section, the lieutenant governor shall post the notice of intent to gather signatures for
3360     candidacy on the lieutenant governor's website in the same location that the lieutenant governor
3361     posts a declaration of candidacy.
3362          Section 59. Section 20A-21-101 is enacted to read:
3363          20A-21-101. Definitions.
3364          As used in this chapter:
3365          (1) "Approved device" means a device described in Subsection 20A-21-201(4).
3366          (2) "Candidate qualification process" means the process, described in Section
3367     20A-9-403 or 20A-9-408, of gathering signatures to seek the nomination of a registered
3368     political party.
3369          (3) "Electronic candidate qualification process" means the same as that term is defined
3370     in Section 20A-9-101.
3371          (4) "Electronic initiative process" means the same as that term is defined in Section
3372     20A-7-101.

3373          (5) "Electronic referendum process" means the same as that term is defined in Section
3374     20A-7-101.
3375          (6) "Manual candidate qualification process" means the same as that term is defined in
3376     Section 20A-9-101.
3377          (7) "Petition" means:
3378          (a) as it relates to the electronic initiative process or the electronic referendum process,
3379     the electronic record that an individual signs to indicate the individual is in favor of placing the
3380     initiative or referendum on the ballot; or
3381          (b) as it relates to electronic candidate qualification process, the electronic record that
3382     an individual signs to indicate the individual is in favor of placing an individual's name on the
3383     ballot to run for a particular elective office.
3384          (8) "Signature" means:
3385          (a) as it relates to a signature gathered for an initiative or referendum, the same as that
3386     term is defined in Section 20A-7-101; or
3387          (b) as it relates to a signature gathered for the candidate qualification process, the same
3388     as that term is defined in Section 20A-9-101.
3389          (9) "Website" means:
3390          (a) as it relates to the electronic initiative process or the electronic referendum process,
3391     the website designated by the lieutenant governor for collecting the signatures and other
3392     information relating to the electronic initiative process or the electronic referendum process; or
3393          (b) as it relates to the electronic candidate qualification process, a website designated
3394     by the lieutenant governor for collecting the signatures and other information relating to the
3395     electronic candidate qualification process.
3396          Section 60. Section 20A-21-201 is enacted to read:
3397          20A-21-201. Electronic signature gathering for an initiative, a referendum, or
3398     candidate qualification.
3399          (1) (a) The lieutenant governor may require all signatures to be gathered electronically,
3400     in accordance with the requirements of this section, for a statewide initiative or referendum.
3401          (b) If the lieutenant governor takes the action described in Subsection (1)(a):
3402          (i) in relation to a statewide initiative, signatures for that initiative:
3403          (A) may only be gathered and submitted electronically, in accordance with this section

3404     and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and
3405          (B) may not be gathered using the traditional signature-gathering process described in
3406     Sections 20A-7-204, 20A-7-205, and 20A-7-206; and
3407          (ii) in relation to a statewide referendum, signatures for that referendum:
3408          (A) may only be gathered and submitted electronically, in accordance with this section
3409     and Sections 20A-7-313, 20A-7-314, and 20A-7-315; and
3410          (B) may not be gathered using the traditional signature-gathering process described in
3411     Sections 20A-7-304, 20A-7-305, and 20A-7-306.
3412          (2) (a) A local clerk may require all signatures to be gathered electronically, in
3413     accordance with the requirements of this section, for a local initiative or referendum.
3414          (b) If the local clerk takes the action described in Subsection (2)(a):
3415          (i) in relation to a local initiative, signatures for that initiative:
3416          (A) may only be gathered and submitted electronically, in accordance with this section
3417     and Sections 20A-7-514, 20A-7-515, and 20A-7-516; and
3418          (B) may not be gathered using the traditional signature-gathering process described in
3419     Sections 20A-7-504, 20A-7-505, and 20A-7-506; and
3420          (ii) in relation to a local referendum, signatures for that referendum:
3421          (A) may only be gathered and submitted electronically, in accordance with this section
3422     and Sections 20A-7-614, 20A-7-615, and 20A-7-616; and
3423          (B) may not be gathered using the traditional signature-gathering process described in
3424     Sections 20A-7-604, 20A-7-605, and 20A-7-606.
3425          (3) (a) The lieutenant governor may require all signatures to be gathered electronically,
3426     in accordance with the requirements of this section, for the candidate qualification process.
3427          (b) If the lieutenant governor takes the action described in Subsection (3)(a), signatures
3428     for the candidate qualification process:
3429          (i) may only be gathered and submitted using the electronic candidate qualification
3430     process; and
3431          (ii) may not be gathered using the manual candidate qualification process.
3432          (4) To gather a signature electronically, a signature-gatherer shall:
3433          (a) use a device provided by the signature-gatherer or a sponsor of the petition that:
3434          (i) is approved by the lieutenant governor;

3435          (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other
3436     information relating to an individual signing the petition in any location other than the location
3437     used by the website to store the information;
3438          (iii) does not, on the device, store a signature or any other information relating to an
3439     individual signing the petition except for the minimum time necessary to upload information to
3440     the website;
3441          (iv) does not contain any applications, software, or data other than those approved by
3442     the lieutenant governor; and
3443          (v) complies with cyber-security and other security protocols required by the lieutenant
3444     governor;
3445          (b) use the approved device to securely access a website designated by the lieutenant
3446     governor, directly, or via an application designated by the lieutenant governor;
3447          (c) while connected to the website, present the approved device to an individual
3448     considering signing the petition and, while the signature-gatherer is in the physical presence of
3449     the individual:
3450          (i) wait for the individual to reach each screen presented to the individual on the
3451     approved device; and
3452          (ii) wait for the individual to advance to each subsequent screen by clicking on the
3453     acknowledgement at the bottom of the screen.
3454          (5) Each screen shown on an approved device as part of the signature-gathering process
3455     shall appear as a continuous electronic document that, if the entire document does not appear
3456     on the screen at once, requires the individual viewing the screen to, before advancing to the
3457     next screen, scroll through the document until the individual reaches the end of the document.
3458          (6) After advancing through each screen required for the petition, the signature process
3459     shall proceed as follows:
3460          (a) except as provided in Subsection (6)(b):
3461          (i) the individual desiring to sign the petition shall present the individual's driver
3462     license or state identification card to the signature-gatherer;
3463          (ii) the signature-gatherer shall verify that the individual pictured on the driver license
3464     or state identification card is the individual signing the petition;
3465          (iii) the signature-gatherer shall scan or enter the driver license number or state

3466     identification card number through the approved device; and
3467          (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the
3468     website shall determine whether the individual desiring to sign the petition is eligible to sign
3469     the petition;
3470          (b) if the individual desiring to sign the petition is unable to provide a driver license or
3471     state identification card to the signature gatherer:
3472          (i) the individual may present other valid voter identification;
3473          (ii) if the valid voter identification contains a picture of the individual, the
3474     signature-gatherer shall verify that the individual pictured is the individual signing the petition;
3475          (iii) if the valid voter identification does not contain a picture of the individual, the
3476     signature-gatherer shall, to the extent reasonably practicable, use the individual's address or
3477     other available means to determine whether the identification relates to the individual
3478     presenting the identification;
3479          (iv) the signature-gatherer shall scan an image of the valid voter identification and
3480     immediately upload the image to the website; and
3481          (v) the individual:
3482          (A) shall enter the individual's address; and
3483          (B) may, at the discretion of the individual, enter the individual's date of birth or age
3484     after the individual clicks on the screen acknowledging that they have read and understand the
3485     following statement, "Birth date or age information is not required, but may be used to verify
3486     your identity with voter registration records. If you choose not to provide it, your signature may
3487     not be verified as a valid signature if you change your address before your signature is verified
3488     or if the information you provide does not match your voter registration records."; and
3489          (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:
3490          (i) except for a petition to qualify a candidate for the ballot, give the individual signing
3491     the petition the opportunity to enter the individual's email address after the individual reads the
3492     following statement, "If you provide your email address, you may receive an email with
3493     additional information relating to the petition you are signing."; and
3494          (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is
3495     eligible to sign the petition, permit the individual to enter the individual's name as the
3496     individual's electronic signature and, immediately after the signature-gather timely complies

3497     with Subsection (10), certify the signature; or
3498          (B) if the individual provides valid voter identification under Subsection (6)(b), permit
3499     the individual to enter the individual's name as the individual's electronic signature.
3500          (7) If an individual provides valid voter identification under Subsection (6)(b), the
3501     county clerk shall, within seven days after the day on which the individual submits the valid
3502     voter identification, certify the signature if:
3503          (a) the individual is eligible to sign the petition;
3504          (b) the identification provided matches the information on file; and
3505          (c) the signature-gatherer timely complies with Subsection (10).
3506          (8) For each signature submitted under this section, the website shall record:
3507          (a) the information identifying the individual who signs;
3508          (b) the date the signature was collected; and
3509          (c) the name of the signature-gatherer.
3510          (9) An individual who is a signature-gatherer may not sign a petition unless another
3511     individual acts as the signature-gatherer when the individual signs the petition.
3512          (10) Except for a petition for a candidate to seek the nomination of a registered
3513     political party, each individual who gathers a signature under this section shall, within one
3514     business day after the day on which the individual gathers a signature, electronically sign and
3515     submit the following statement to the website:
3516          "VERIFICATION OF SIGNATURE-GATHERER
3517          State of Utah, County of ____
3518          I, _____________________, of ______, hereby state, under penalty of perjury, that:
3519          I am a resident of Utah and am at least 18 years old;
3520          All the signatures that I collected on [Date signatures were gathered] were signed by
3521     individuals who professed to be the individuals whose signatures I gathered, and each of the
3522     individuals signed the petition in my presence;
3523          I did not knowingly make a misrepresentation of fact concerning the law or proposed
3524     law to which the petition relates;
3525          I believe that each individual has signed the individual's name and written the
3526     individual's residence correctly, that each signer has read and understands the law to which the
3527     petition relates, and that each signer is registered to vote in Utah;

3528          Each signature correctly reflects the date on which the individual signed the petition;
3529     and
3530          I have not paid or given anything of value to any individual who signed this petition to
3531     encourage that individual to sign it."
3532          (11) Except for a petition for a candidate to seek the nomination of a registered
3533     political party:
3534          (a) the county clerk may not certify a signature that is not timely verified in accordance
3535     with Subsection (10); and
3536          (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely
3537     verified in accordance with Subsection (10), the county clerk shall:
3538          (i) revoke the certification;
3539          (ii) remove the signature from the posting described in Subsection 20A-7-217(4),
3540     20A-7-315(3), 20A-7-516(4), or 20A-7-616(3); and
3541          (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),
3542     20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).
3543          (12) For a petition for a candidate to seek the nomination of a registered political party,
3544     each individual who gathers a signature under this section shall, within one business day after
3545     the day on which the individual gathers a signature, electronically sign and submit the
3546     following statement to the lieutenant governor in the manner specified by the lieutenant
3547     governor:
3548          "VERIFICATION OF SIGNATURE-GATHERER
3549          State of Utah, County of ____
3550          I, _____________________, of ______, hereby state that:
3551          I am a resident of Utah and am at least 18 years old;
3552          All the signatures that I collected on [Date signatures were gathered] were signed by
3553     individuals who professed to be the individuals whose signatures I gathered, and each of the
3554     individuals signed the petition in my presence;
3555          I believe that each individual has signed the individual's name and written the
3556     individual's residence correctly and that each signer is registered to vote in Utah; and
3557          Each signature correctly reflects the date on which the individual signed the petition."
3558          (13) For a petition for a candidate to seek the nomination of a registered political party,

3559     the election officer may not certify a signature that is not timely verified in accordance with
3560     Subsection (12).