1
2
3
4
5
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 [
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 [
219 [
220 (ii) a court determines, under Subsection [
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 [
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 [
394
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 [
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 [
418 in which the metro township is located.
419 [
420 the signature of a registered voter.
421 [
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 [
434 county, city, or town that is holding an election on a ballot proposition.
435 [
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 [
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 [
444 in this chapter.
445 [
446 proposed law, and the signature sheets, all of which have been bound together as a unit.
447 [
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 [
455 (a) meet the numerical requirements of this chapter; and
456 (b) have been obtained, certified, and verified as provided in this chapter.
457 [
458 [
459
460 [
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 [
466 in whose jurisdiction a local initiative or referendum petition is circulated.
467 [
468 jurisdiction a local initiative or referendum petition is circulated.
469 [
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 [
477 or metro township.
478 [
479 body regarding a bond that was approved by a majority of qualified voters in an election.
480 [
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 [
487 referendum.
488 [
489 by a local legislative body is submitted or referred to the voters for their approval or rejection.
490 [
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 [
494 [
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 [
525 used to collect signatures in support of an initiative or referendum.
526 [
527 not a standard local ballot proposition.
528 [
529 and who sign the application for petition copies.
530 [
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 [
535 proposed by an initiative or an initiative petition and the current tax rate.
536 [
537 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
538 [
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 [
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 [
556
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 [
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 [
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 [
607 room at the bottom of the sheet for the information described in Subsection [
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 [
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 [
626
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 [
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 [
646
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 [
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 [
658 petitions are sufficient, notwithstanding clerical and merely technical errors.
659 [
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 [
666 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
667 in Subsection [
668 [
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 [
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 [
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 [
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 [
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 [
700 [
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 [
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)[
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)[
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 [
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 [
730 (4)(a).
731 (e) A person may only remove a signature from an initiative petition in accordance
732 with this Subsection [
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 [
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 [
748 (c) Before delivering a packet to the county clerk under Subsection [
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[
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[
770 ____________________________________________________________________________
771 (Name)
772 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
773 comply with this Subsection [
774 [
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 [
780 number, and date of signature of each registered voter certified under Subsection [
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 [
785 removal under Subsection 20A-7-205[
786 (i) ensure that the voter's name [
787 are not included in the posting described in Subsection [
788 (ii) remove the voter's signature from the signature packets and signature packet totals.
789 (b) The county clerk shall comply with Subsection [
790 (i) the deadline described in Subsection [
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[
793 [
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 [
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) [
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) [
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) [
868 receives an initiative packet from a county clerk, the lieutenant governor shall record the
869 number of the initiative packet received.
870 (2) [
871 (a) in relation to the manual initiative process:
872 (i) post the names [
873 described in Subsection 20A-7-206[
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[
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 [
892 [
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 [
896 Subsection [
897 [
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; [
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 [
908 [
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 [
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 [
917 the lieutenant governor's finding.
918 [
919 signatures to qualify the petition for the ballot.
920 [
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 [
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 [
938 (b) knowingly sign the person's name more than once for the same measure at one
939 election;
940 (c) knowingly indicate [
941 an initiative petition signed the [
942 signed the [
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 [
950
951 petition;
952 (c) the person has not witnessed the signatures of those persons [
953
954 (d) one or more [
955 individuals who signed the initiative petition are not registered to vote in Utah[
956 [
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 [
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 [
1118
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 [
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 [
1160 room at the bottom of the sheet for the information described in Subsection [
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 [
1167
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 [
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 [
1187
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 [
1195 referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
1196 [
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 [
1203 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1204 in Subsection [
1205 part.
1206 [
1207 (a) a copy of the referendum petition; and
1208 (b) a signature sheet.
1209 [
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 [
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 [
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 [
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 [
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 [
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 [
1253 [
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 [
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)[
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 [
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)[
1279 (e) A person may only remove a signature from a referendum petition in accordance
1280 with this Subsection [
1281 (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1282 a referendum petition, in accordance with Section [
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 [
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 [
1294 [
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 [
1300 number, and date of signature of each registered voter certified under Subsection [
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 [
1305 removal under Subsection 20A-7-305[
1306 (i) ensure that the voter's name [
1307 are not included in the posting described in Subsection [
1308 (ii) remove the voter's signature from the signature packets and signature packet totals.
1309 (b) The county clerk shall comply with Subsection [
1310 (i) the deadline described in Subsection [
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[
1313 [
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 [
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) [
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) [
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) [
1388 receives a referendum packet from a county clerk, the lieutenant governor shall record the
1389 number of the referendum packet received.
1390 (2) [
1391 (a) in relation to the manual referendum process:
1392 (i) post the names [
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[
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 [
1404 [
1405 to be sufficient or insufficient 106 days after the end of the legislative session at which the law
1406 passed; or
1407 [
1408 Subsection [
1409 [
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; [
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 [
1420 [
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 [
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 [
1429 the lieutenant governor's finding.
1430 [
1431 signatures to qualify the petition for the ballot.
1432 [
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 [
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 [
1452
1453 the person signed the [
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 [
1461
1462 (c) the person has not witnessed the signatures of those persons whose [
1463
1464 (d) one or more [
1465
1466 [
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 [
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 [
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 [
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 [
1657
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 [
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 [
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 [
1705 room at the bottom of the sheet for the information described in Subsection [
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 [
1724
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 [
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 [
1744
1745 ________________________________________________________________________
1746 (Name)
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 [
1754 petitions are sufficient, notwithstanding clerical and merely technical errors.
1755 [
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 [
1762 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1763 in Subsections [
1764 requirements of this part.
1765 [
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 [
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 [
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 [
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 [
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 [
1800 resides in the local jurisdiction.
1801 [
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 [
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)[
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 [
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 [
1831 (4)(a).
1832 (e) A person may only remove a signature from an initiative petition in accordance
1833 with this Subsection [
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 [
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 [
1851 (c) Before delivering a packet to the county clerk under Subsection [
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[
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[
1873 ____________________________________________________________________________
1874 (Name)
1875 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not
1876 comply with this Subsection [
1877 [
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 [
1883 number, and date of signature of each registered voter certified under Subsection [
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 [
1888 removal under Subsection 20A-7-505[
1889 (i) ensure that the voter's name [
1890 are not included in the posting described in Subsection [
1891 (ii) remove the voter's signature from the signature packets and signature packet totals.
1892 (b) The county clerk shall comply with Subsection [
1893 (i) the deadline described in Subsection [
1894 (ii) two business days after the day on which the county clerk receives a statement
1895 requesting signature removal under Subsection [
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 [
1898 in Subsection [
1899 [
1900 initiative packet that is not verified in accordance with Section 20A-7-505.
1901 [
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) [
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) [
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) [
1973 initiative packet from a county clerk, the local clerk shall record the number of the initiative
1974 packet received.
1975 (2) [
1976 (a) in relation to the manual initiative process:
1977 (i) post the names [
1978 described in Subsection [
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[
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 [
1990 [
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 [
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 [
1997 Subsection [
1998 [
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; [
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 [
2009 [
2010
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 [
2014
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 [
2018 clerk's finding.
2019 [
2020 signatures to qualify the petition for the ballot.
2021 [
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 [
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 [
2038
2039 (c) one or more individuals [
2040
2041 [
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 [
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 [
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 [
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 [
2271
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 [
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 [
2313 room at the bottom of the sheet or the information described in Subsection [
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 [
2320
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 [
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 [
2340
2341 ________________________________________________________________________
2342 (Name)
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 [
2350 referendum petitions are sufficient, notwithstanding clerical and merely technical errors.
2351 [
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 [
2358 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
2359 in Subsections [
2360 form requirements of this part.
2361 [
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 [
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 [
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 [
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 [
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 [
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 [
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 [
2411 and resides in the local jurisdiction.
2412 [
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 [
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 [
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 [
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 [
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 [
2452 (b) A person may not submit a referendum packet after the deadline described in
2453 Subsection [
2454 [
2455 referendum packet under Subsection [
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 [
2460 registered voter certified under Subsection [
2461 (d) deliver the verified packet to the local clerk.
2462 [
2463 removal under Subsection [
2464 (i) ensure that the voter's name [
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 [
2468 (i) the deadline described in Subsection [
2469 (ii) two business days after the day on which the county clerk receives a statement
2470 requesting signature removal under Subsection [
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 [
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 [
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) [
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) [
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) [
2551 a referendum packet from a county clerk, the local clerk shall record the number of the
2552 referendum packet received.
2553 (2) [
2554 (a) in relation to the manual referendum process:
2555 (i) post the names [
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[
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 [
2567 [
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[
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 [
2575 Subsection [
2576 [
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; [
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 [
2587 [
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 [
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 [
2595 clerk's finding.
2596 [
2597 signatures to qualify the petition for the ballot.
2598 [
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 [
2611 qualified for the ballot.
2612 [
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 [
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 [
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 [
2680
2681 (c) one or more individuals whose signatures appear in the referendum packet[
2682
2683 [
2684 [
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 [
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 [
2701 (4) Notwithstanding Subsections [
2702 county clerk shall take the actions required in Subsections [
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[
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 [
2904 States Representative.
2905 [
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 [
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 [
2916 [
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 [
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 [
2932 [
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 [
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 [
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 [
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 [
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) [
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 [
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 [
3129
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 [
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 [
3168
3169 [
3170 petition forms and associated instructions.
3171 [
3172 the state, but may affiliate with any political party.
3173 [
3174 (a) knowingly sign the nomination petition [
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 [
3179
3180 (b) sign the verification of a [
3181
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 [
3185 (iii) knows that a person whose signature appears on the [
3186
3187
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 [
3193 [
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 [
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 [
3298
3299 [
3300
3301
3302 [
3303
3304 [
3305
3306
3307 [
3308 (9)[
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 [
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 [
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 [
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).